Resolution # R96-41RESOLUTION NO. R~6-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREE-
MENT FOR ADMINISTRATIVE SERVICES BETWEEN THE CITY OF
PEARLAND AND THE CITY OF PEARLAND ECONOMIC DEVELOPMENT
CORPORATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain agreement, a copy of which is attached hereto as
Exhibit "A" and incorporated herein for all purposes, by and between the City of
Pearland and the City of Pearland Economic Development Corporation ("PEDC") to
provide staffing and administrative services to PEDC by the City, including but not
limited to professional services, engineering and technical services, legal services,
clerical services, and custodial services, to assist the PEDC and its Board of Directors
in conducting its daily business of promoting and developing new and expanded
business enterprises within the City of Pearland, is hereby authorized and approved.
Section 2. The Mayor is hereby authorized to execute, and the City Secretary
to attest, Exhibit "A" and any counterparts thereof.
PASSED, ADOPTED
APPROVED and
, A.D., 1996.
this the'~~ day of
TOM REID
MAYOR
RESOLUTION NO. R96-41
ATTEST:
Y~A~DA C. BENITEZ
CITY SECRETARY
APPROVED AS TO FORM:
_~/1~ 'Mo~Es I~IcCULL~)U~H
CITY ATTORNEY
Exhibit
AGREEMENT FOR ADMINISTRATIVE SERVICES BETWEEN
THE CITY OF PEARLAND
AND
THE CITY OF PEARLAND ECONOMIC DEVELOPMENT CORPORATION
THE STATE OF TEXAS §
COUNTIES OF HARRIS & BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT is executed th~day of ~ , 1996, by and
between the City of Pearland ('City'), acting by and througl~/its M~,or, and the City of
Pearland Economic Development Corporation ('PEDC'), acting by and through the President
of its Board of Directors, both parties being located in Harris and Brazoria Counties, Texas:
WHEREAS, the PEDC is a public instrumentality and a non-profit, local government
corporation created by the City Council of the City of Pearland pursuant to Section 4B of the
Development Corporation Act of 1979, as amended, to act on behalf of the City of Pearland to
promote, assist, and enhance economic development within the City and its extraterritorial
jurisdiction through the expenditure of the City's % cent Sales and Use Tax.
WHEREAS, in accordance with PEDC corporate bylaws, the PEDC budget is structured
in accordance with those classifications prescribed by the City Council, and is effective upon
annual approval by the City Council. The fiscal year of the corporation runs concurrently with
the City's fiscal year and administration of PEDC's budget is conducted by the City's Finance
Department in accordance with the City's Finance Director's instructions. PEDC is audited
annually in accordance with the City's annual audit; and
WHEREAS, the PEDC staff is employed by the City to provide necessary services and
assist the corporation in conducting its daily business; and
WHEREAS, Section 7.07 of the corporate bylaws of the PEDC Corporation provides that
the corporation shall have the right to utilize said services, staff, and employees of the City,
provided that the City be reasonably compensated by the corporation for said services and the
performance of said services do not materially interfere with other duties of the City personnel;
and
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WHEREAS, Section 7.07 further provides that an administrative services contract be
executed between the PEDC Board of Directors and the City Council for said services to be
provided by the Executive Director, the City Attorney, the Assistant Secretary, the Finance
Department, and other City departments, staff, and employees; now, therefore,
The parties hereto, in consideration for the mutual benefits stated herein, agree as
follows:
WITNESSETH:
The City agrees to provide administrative services and necessary personnel to PEDC,
including but not limited to professional services, engineering and technical services, legal
services, .clerical services, and custodial services to assist PEDC and its Board of Directors in
its daily operations of promoting and developing new and expanded business enterprises within
the City of Pearland.
II.
The PEDC agrees to allocate, annually, to the City, a portion of proceeds received by
the PEDC frbm the tA cent Sales and Use Tax for economic development, to be disbursed
monthly, in exchange for the staffing services to be provided to the PEDC by the' City. Said
proceeds shall reimburse the City for its indirect costs associated with providing said services
to PEDC and shall be deposited into the City's general fund. The percentage of staff time
allocated to PEDC assignments and responsibilities shall be correlated to the dollar amount
deposited in the City's general fund and shall be reflected in the PEDC budget. Said
percentages and respective proceeds shall be amended from time to time to accommodate the
needs of the respective parties hereto.
III.
TERMINATION:
Should this agreement cause an undue hardship to the City or the PEDC, budget
amendments may be made by the City and/or the PEDC in the best interests of the City and the
PEDC. Further, this agreement may be terminated by the City or the PEDC in whole or in part
when such termination is in the best interests of the City or the PEDC. Termination shall be
effective thirty (30) days after delivery of Notice of Termination, specifying to what extent
performance of administrative services or City personnel shall be terminated.
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IV.
OFFICIALS NOT TO BENEFIT:
No member of the City Council of the City of Pearland or the Board of Directors of the
PEDC, who performs any function or responsibility hereunder, shall participate in any decision
relating to the ,contract which affects his or her personal interest, nor shall any said public
official have any personal or pecuniary interest, direct or indirect, in this contract or proceeds
thereof.
This agreement shall take effect on the~')~day of
1996.
IN WITNESS WHEREOF, the parties have executed this agreement in the year and on
the day indicated.
CITY OF PEARLA~D~CD/~MIC CITY OF PEARLAND
DEVELOPMENT CORPORATIO~N-....~ 3519 Liberty Drive
3519 Liberty Drive ~ Pearland, Texas 77581
Pearland, Tex~ ~584. ~_
By y:
· ~j~'~tmsM~l ,Frauenberger..~ Tom Reid
President, 5oard of D~rs Mayor
ATFEST:
Yola~a ~. Benitez
City Secretary
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THE STATE OF TEXAS §
COUNTIES OF HARRIS & BRAZORIA §
This instrument was acknowledged before me. on ~ ~:,Q,:g~- , 1996, by Dennis M.
Frauenberger, President of the Board of Directors of Se P~fi'land Economic Development
Corporation, a Texas corporation, on behalf of said corporation.
"-.~:~p' I~ r,~m~. ~ ~-~ ~ Commission Expire. ts:' ~/e~,, q ~_ ,
..... ...,7;!;:;',~,:,:.:.........~ ..... ......... ........... ,,1.. PrintedNamc: 7t)[~,~~.~ff.,nft~.~a...
THE STATE OF TEXAS §
COUNTIES OF HARRIS & BRAZORIA §
This instrument was acknowledged before mc on ~ ~ ~ , 1996, by Tom Reid,
Mayor of the City of Pearland, a Texas home rule m~t~icip~ corporation, on behalf of said
corporation.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: 3-~ ~- ~' 7
Printed Name: ~