HomeMy WebLinkAboutResolution No. 88-25 RESOLUTION N0. R88-25
� A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ,
AND THE CITY SECRETARY TO ATTEST A CONTRACT
� � BETWEEN THE CITY OF FRIENDSWOOD, AND THE CLEAR
LAKE AREA ECONOMIC DEVELOPMENT FOUNDATION FOR
CERTAIN ECONOMIC DEVELOPMENT SERVICES.
WHEREAS, the City of Friendswood , Texas ( the "City") , deems
it necessary and proper and in the best interest of the citizens
of the City to enter into a contract with the Clear Lake Area
Economic Development Foundation for certain economic development
services ;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FRIENDSWOOD ,
TEXAS , as follows:
Seetion 1. That the Mayor of the City is hereby authorized
to execute , and the City Secretary to attest , a contract with
the Clear Lake Area Economie Development Foundation for certain
economic development services , in substantially the form
attached hereto as Exhibit "A" .
PASSED the 19th day of September , 1988 , by a vote of
7 "Ayes" in favor and 0 "Nos" against , with
� (number) of Council members present and voting.
APPROVED the 19th day of �ptemhPr � 1988 •
Paul W. Schrader
Mayor
City of Friendswood
ATTEST:
�
.
Deloris MeKenz ' e , C C
City Secretary
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ECONOMIC DEVELOPMENT CONTRACT
THE STATE OF TEXAS ) (
) ( KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS ) (
COUNTY OF GALVESTON ) (
THIS CONTRACT is made by and between the CITY OF
FRIENDSWOOD , TEXAS ( the "City") and CLEAR LAKE AREA ECONOMIC
DEVELOPMENT FOUNDATION ( the "Provider") .
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WHEREAS, the City is actively seeking ways and means of
promoting prosperous development of business , industry and
commerce within the City, and to promote the location and
development of new businesses and industries in the City as well
as the maintenanee and expansion of existing businesses; and
WHEREAS, the City has committed to provide , or cause to be
provided through economic development contracts with non-profit
economic development or�anizations such as the Provider, certain
economic development services in furtherance of the City' s
statutory goals referred to above and to promote the economic
welfare and and well being of the City and its residents by,
among other things , providing for the expansion of the tax base
of Friendswood and also providing for the expansion of the
employment base of Friendswood thereby enhancing the health,
safety, and welfare oF the residents of the City; and
WHEREAS, in consideration for providing sueh economic
development serviees pursuant to sueh contraet , the City agreed
to pay certain necessary expenses in contracting for such
services with non-profit economie development organizations such
as the Provider; and
WHEREAS, the Provider was formed for the purposes , among
others , of promoting and eneouraging, or causin� to be promoted
and eneouraged , the formation of new businesses and the
expansion of existin� businesses , the relocation of existin�
businesses , and the general diversification of the economy of
and in all or a portion of Harris County and the surrounding
area ineludin� all or a portion of Galveston County, which areas
include the City; and
WHEREAS, the City desires to contraet with the Provider to
provide , or cause to be provided , economic development services
herein described in all of a portion of Harris County and
Galveston County; and
WHEREAS, the Provider is willing, in exchange for the
consideration herein provided , to provide , or cause to be
provided , the economie development services desired by the
City whieh are intended to fulfill in part the City' s
contractual obligations to provide or cause to be provided sueh
economic development services to Harris County and Galveston
County; and
WHEREAS, the City and the Provider agree that in order to
foster and promote competitions , to assure the integrity of the
competitive process , and to protect proprietary or innovative
business strategies and concepts , information and data
developed , generated or received by the Provider should remain
privileged and confidential except as herein provided , subjeet
to the provisions of Article 6252-17a, Vernon' s Texas Civil
Statutes , as amended , ( the "Texas Open Record Aet") applicable
to information held by the City, as deseribed in Section 6 . 01 ;
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ARTICLE IV
Payment �Q� Services
Section 4 • 01 : Fees
For and in consideration of the services to be performed by
the Provider and complianee with the terms of this contraet and
subjeet to the other provisions of this Artiele , the City has
paid to the Provider the total sum of $1,500.00 in 1988 , and
$6,000.00 in 1989 The City may consider payment of
additional sums but • shall by under no obligation to pay any
additional sums .
ARTICLE V
Term and Termination
tSeetion 5 • 01 : ,� General
This contract shall be effective for the period from
Oct. 1, 1988 to Dec. 31, 19 89 It is speeifieally agreed
that the Provider shall not be obligated to perform any services
under or pursuant to this contract after the expiration of that
period .
�eetion 5 • 02: Termination for Cause
A party may terminate its performance under this contraet
only upon default by the other party. Default by a party shall
oecur if the party fails to perform or observe any of the terms
and conditions of this contract required to be performed or
observed by that party. Should sueh a default occur, the party
against whom the default has occurred shall have the right to
terminate all or part of its duties under this contract as of
the 30th day following the receipt by the defaulting party of a
notice deseribing such default and intended termination,
provided : ( i) such termination shall be ineffective if within
said 30-day period the defaulting party cured the default or
(ii) such termination may be stayed , at the sole option of the
party against whom the default has oceurred , pending eure of the
default .
ARTICLE VI
Miseellaneous Provisions
Section 6 • 01 : �nde�endent Contraetor
The relationship of the Provider to the City shall be that
of an independent contractor. The City shall have no authority
to direct the day-to-day activities of any of the Provider's
employees , shall have no authority over the Provider ' s personnel
decisions, and shall have no other rights to internal workin�
papers or other information or data than the City would have to
any other independent contractor providing specific services
(e .g. , �anitorial services , legal services , bank depository
funetions , audit funetions, engineering and design services , and
weed-cuttin� services) .
Without in any way limiting the generality of the foregoing,
it is specifically acknowledged and agreed that Provider has
bargained for the confidentiality of all internal information and
data that it generates other than that required to be submitted
to the City pursuant to Sections 2. 02 and 6 . 06 of this contract ,
in order to foster and to promote competition, to assure the
integrity of the competitive proeess , and to proteet proprietary
or innovative business strategies and coneepts , subject to the
provisions of the Texas Open Records Act applicable to
information held by the City. The City agrees it shall endeavor
to protect and hold confidential information to the extent is
satisfies any exception to the Texas Open Records Act , including
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NOW THEREFORE , for and in consideration of the premises and
mutual eovenants herein contained , it is agreed as follows:
ARTICLE I
Qualifications ,4f the Provider
Section 1 • 01 : Re_presentations and Warranties � Provider
Provider hereby represents and warrants as follows:
a) The Provider is engaged in an on-goin� effort to
attraet new businesses to all or a portion of Harris County and
all or a portion of Galveston County or to encourage the
expansion of existing businesses in all or a portion of Harris
County and all or a portion of Galveston County.
b) The Provider covenants that it will provide its own
funds to assist in attraeting business and encouraging expansion
of existing businesses .
e) The Provider covenants that it shall actively work to
productively coordinate its activities with other area economie
development organizations within Harris County and Galveston
County in an effort to reduce duplication of services and to
enhance cooperation throu�hout Harris County and Galveston
County.
d) The Provider represents and warrants that it is a non-
profit economie development or�anization, the principal purpose
of which is the promotion of economic development in all or a
portion of Harris County and all or a portion of Galveston
County.
ARTICLE II
�cone � Services
Seetion �Q1.� Services #� �g, Provided
The Provider shall provide two or more of those eeonomic
development services described in Exhibit A attached hereto .
Seetion 2• 01 : Provider R�orts
The Provider shall prepare and submit to the City, within
30 days from the end of each calendar quarter during the term of
this contract , or at the first City Council meetin� thereafter,
verbal or brief written reports deaeribing the services
performed by the Provider pursuant to this contract durin� the
previous quarter.
The Provider shall prepare and submit to the City, within
90 days after the end of the Provider ' s fiscal year , or as soon
thereafter as practicable , a written report describing in detail
the services performed by the Provider pursuant to this contraet
during the preceding fiscal year.
ARTICLE III
Time �. Performanee
Section �• 01 : Time �, Performanee
The Provider has provided the services deseribed in
Article II , above and will provide additional sueh services for
a period of 15 months from the effective date of the City ' s
ordinance authorizing execution of this contract ( the "Effeetive
Date") .
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but not limited to, the exception for information pertaini�g to
purehase of property.
Section . 02• Parties �. Interest
This contract shall bind and benefit the City and the
Provider and shall not bestow any rights upon any third parties .
Seetion 6 • 0� : Non-waiver
Failure of either party hereto to insist on the strict
performance of any of the agreements herein or to exercise any
rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to
insist on and to enforce , by an appropriate remedy, striet
compliance with any other obligation hereunder or to exercise any
right or remedy occurring as a result of any future default or
failure of performance .
Seetion 6 . 04 ; �oolicable Laws
This contract is subject to and shall be construed
in accordance with the laws of the State of Texas , the laws of
the federal government of the United States of America and all
rules and regulations of any regulatory body or officer having
�urisdiction. This contract is performable in Harris County and
Galveston County, Texas.
Seetifln 6 • 05: Notices
Al1 notices required or permitted hereunder shall be in
writing and shall be deemed delivered when aetually received or ,
if earlier, on the third day followin� deposit in a United States
Postal Service post office or receptacle with proper postage
affixed ( certified mail , return receipt requested) addressed to
the respeetive other party at the address described below or at
such other address as the receiving party may have theretofore
prescribed by notice to the sending party:
Citv: City oF Friendswood , Texas
City Hall - Mayor Paul W. Schrader
109 Willowick
Friendswood , Texas 77546
Provider: Clear Lake Area Economic Development
Foundation
2525 Bay Area Boulevard , Suite 640
Houston, Texas 77058
Seetion 6 • 06 : Audits
The Provider shall provide to the City, within 90 days of
the close of the Provider 's fiscal year, a true and correct copy
of an audit of providers financial statements for the preceding
year prepared by an independent certified public aecountant .
Seetion 6 • 07 : Ambi�uities
In the event of any ambiguity in any of the terms of this
contract , it shall not be construed for or against any party
hereto on the basis that such party did or did not author the
same .
ECOCONTR
ECODEVEL DISC
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PASSED AND APPROVED this the 19th day of September , 1988 •
� .
Clear ke Ar conomie
Dev lopment Foundation
Larry Griffin -
Executive Director
ATTEST:
. K./
Loui � Lawson
Assistant to Director
Paul W. Schrader, Mayor
City of Friendswood , Texas
ATTEST:
Deloris MeKenz ' e , C
City Secretary
City of Friendswood , Texas
ECOCONTR
ECODEVEL DISC
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EXHIBIT A
1 . Recommend strategies to create positive attitudes about
Friendswood among decision makers locally, nationally and
internationally.
2. Develop information ( statistical and narrative) comparing
Friendswood and competing geographic areas in the United
States .
3 • Aceumulate and disseminate demographie information about
Friendswood to prospective new businesses and industry.
4 . Determine business and industrial products and services that
are the best prospeets for location in Friendswood .
5 . Prepare printed materials to assist in marketing Friendswood
to attraet and persuade prospects to locate in Friendswood .
6 . Solicit industrial , business and commercial prospects for
location in Friendswood .
7 . Provide site seleetion and analysis services for new business
and industry seeking location in Friendswood .
8 . Establish business support programs for start up and early
stages for new business .
9 . Recommend strategies, policies , or ordinanees that will
enable Friendswood to compete more successfully for new
business , industry and for the expansion of existing
businesses .
10. Advise Friendswood on present or proposed legislation or
policies that impact efforts to attract quality business or
industrial growth.
11 . Recommend to Friendswood , the economic development goals ,
objeetives and a plan for implementation.
12. Advise and assist the Friendswood Industrial Development
Corporation, including training and assistanee.
13 • Advise existing Friendswood businesses on strategies which
will aid them in promotion of their businesses.
14 . Inform Friendswood citizens about what economic devlopment
is , the need for it , and how they can help bring it about .
exh. a
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