R98-67 11-23-98 RESOLUTION NO. R98-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING THE AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PEARLAND ECONOMIC DEVELOPMENT
CORPORATION AND THE PEARLAND/HOBBY AREA CHAMBER OF
COMMERCE.
BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Sectiort 1. That certain Amended Agreement for Professional Services
Between the City of Pearland Economic Development Corporation and the
Pearland/Hobby Area Chamber of Commerce, a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes, is hereby amended.
Section 2. That the President of the Pearland Economic Development
Corporation, Dennis Frauenberger, is hereby authorized to execute and the City
Secretary to attest the original and counterparts of the attached Amended Agreement
for and on behalf of the City of Pearland.
PASSED, APPROVED and ADOPTED this the ~'~ day of
A. D., 1998.
APPROVED AS TO FORM:
DARRIN M, COKER
C1TY ATTORNEY
TOM REID
MAYOR
THE STATE OF TEXAS
COUNTIES OF HARRIS & BRAZORIA
§ KNOW ALL MEN BY THESE PRESENTS:
AMENDED AGREEMENT
FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF PEARLAND ECONOMIC DEVELOPMENT CORPORATION
THE PEARLAND/HOBBY AREA CHAMBER OF COMMERCE
THIS AGREEMENT, executed the 3 J (lay or ~ ,1999, by and
betweenthe C~ty of Pearland Economic Development Corporation (~EDC), actlngby andthroug
the President of its Board of Directors ("Board") in Harris and Brazoria Counties, Texas, and the
Pearland/Hobby Area Chamber of Commerce ("Chamber"), acting by and through its President:
WlTNESSETH:
CHAMBER AGREES TO:
Provide information and support services and perform other economic development duties
for the PEDC as authorized by its Board. The Chamber will assist in business retention, the
promotion and development of new business, and the expansion of existing business enterprises
within the City of Pearland. Services from the Chamber shall include, but not be limited to:
The Chamber shall prepare and submit to the PEDC Board, for its review and
approval, an annual budget of funds allocated to the Chamber by the PEDC.
Prepare and present a written report to the PEDC Board, quarterly and as otherwise
requested by the same, detailing Chamber services provided by the Chamber to the
PEDC.
Provide information and assistance on existing businesses and prospects to the
PEDC.
Provide assistance in advertising and public relations activities for purposes of
promoting economic development and business retention in the City of Pearland.
5. Providing personnel necessary for administration of said services.
II.
CORPORATION AGREES TO:
Allocate, annually, to the Chamber, 5 % of the proceeds received by the PEDC from the 0.5%
Sales and Use Tax for economic development, to be disbursed in equal amounts monthly,
in exchange for services agreed to in Article 1, Chamber Agrees, to be provided to the
PEDC. Any change, variance, or amendment to the allocation above must be approved by
the PEDC Board. If actual costs and expenditures of the PEDC, within the fiscal year, cause
an undue hardship to the City or the PEDC, in allocating these funds to the Chamber, the
PEDC may propose a budget amendment in the best interest of the PEDC and the City.
III.
TERM:
The term of this contract shall be for the period commencing on and including December 1,
1998, and expiring three years later on November 30, 2001. After the expiration of the initial
three-year term, the contract shall be reviewed for the possibility of extending said contract for an
additional three-year term.
IV.
CONTRACT TERMINATION:
In accordance with this clause, this agreement may be terminated by the PEDC or the
Chamber, in whole, or from time to time, in part, whenever such termination is in the best interest
of the PEDC, the Chamber, or the City. Termination shall be effective ninety (90) days after
delivery of Notice of Termination.
DISPUTE MEDIATION:
The parties agree to negotiate in good faith in an effort to resolve any dispute related to this
contract that may arise. If the dispute cannot be resolved by negotiation within ninety (90) days, the
dispute shall be submitted to mediation before the parties resort to arbitration or litigation and a
mutually acceptable mediator shall be chosen by the parties to the dispute who shall share the cost
of mediation services equally.
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VI.
OFFICIALS NOT TO BENEFIT:
No public official of the governing body of the PEDC, the City of Pearland, or any member
of the Chamber, who exercises any functions or responsibilities in the review or approval of any
project hereunder, shall participate in any decision relating to the contract which affects his or her
personal interest, nor shall they have any personal or pecuniary interest direct or indirect in this
contract or proceeds thereof.
This agreement shall take effect on the ] S~+ day of
IN WITNESS WHEREOF, the parties have executed this agreement in the year and on the
day indicated.
~usan Lenamon
Secretary
CITY OF PEARLAND ECONOMIC
DEVELOPMENT CORPORATION
3519 Liberty Drive
Pearlan/~ ~
~ 'F-rauenberger f President Board of Directg~s
PEARLAND/HOBBY AREA
CHAMBER OF COMMERCE
3501 Liberty Drive
Pear~exa.s 77581
BY(~}i~et[~/'//~
President
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THE STATE OF TEXAS
COUNTIES OF HARRIS & BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Dennis M: Frauenberger, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
, A.D., 19 7~ ·
~ Commission Expires 8-31
THE STATE OF TEXAS
COUNTIES OF HARRIS & BRAZORIA
DAY OF
NOTARY PUBLIC, STATE OF SEXAS
Commission Expires: ~)~" 3/~
Printed Name:~-~, ~ ~ ~t',/~
BEFORE ME, the nnde~:signed Notary Public, on this day personally appeared Billye Everett,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
~~_IVEN UNDER MY HAND AND
,A.D., 19'~q .
SEAL OF OFFICE THIS 3}5E DAY OF
LIC, STATE OF ~XAS
Commission Expires: ~a,nz~.//, ~/
PfintedN~e: ~end4 ~, S ~andor~
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