MDD Resolution No. 39 RESOLUTION NO.39
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT AUTHORIZING THE GENERAL
MANAGER TO EXECUTE AND THE ASSISTANT SECRETARY TO
ATTEST TO THE FIRST AMENDMENT TO THE ECONOMIC
DEVELOPMENT CONTRACT BETWEEN THE BAYTOWN AREAIWEST
CHAMBERS COUNTY ECONOMIC DEVELOPMENT FOUNDATION AND
THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR
ECONOMIC DEVELOPMENT SERVICES;AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT:
Section 1:That the Board of Directors of the Baytown Municipal Development
District hereby authorizes the General Manager to execute and the Assistant Secretary to attest to
an agreement between the Baytown Area/West Chambers County Economic Development
Foundation and the Baytown Municipal Development District for economic development
services.A copy of the Agreement is attached hereto as Exhibit"A,"and made a part hereof for
all intents and purposes.
Section 2:This resolution shall take effect immediately from and after its passage by
the Board of Directors of the Baytown Municipal Development District.
INTRODUCED,READ and PASSED by the affirmative vote of the Board of Directors
of the Baytown Municipal Development District,this the 2nd day of October,2003.
PETE C.ALFARO,President
ATTEST:
GA.Y SMITH,Assistant Secretary
APPROVED AS TO FORM:
41NqA4C11!O RAMIREZ,S eneral Counsel
FAKaren\Files\Ciry CounciN%lunicipal Development District\Resolutions\FirstgmendmentMDDResolutioMppmveAgreement4EconomicDevclopmentServices.doc
FIRST AMENDMENT
TO THE
ECONOMIC DEVELOPMENT CONTRACT
STATE OF TEXAS§
COUNTY OF HARRIS§
This First Amendment(this"Amendment")to the Economic Contract effective on
February 1,2003,between the Baytown Municipal Development District and the Baytown
Area/West Chambers County Economic Development Foundation(the"Agreement')is made by
and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS,the Baytown Municipal Development District(the"District')and the
Baytown Area/West Chambers County Economic Development Foundation(the"Foundation")
did enter into an Economic Development Contract(the"Agreement')for a term commencing on
February 1,2003,and ending on January 31,2004;and
WHEREAS,the District and the Foundation now desire to extend the term of the
agreement,to increase funding and to amend the Agreement to conform the scope of services to
those allowed pursuant to House Bill 2912;
NOW THEREFORE,for and in consideration of the mutual covenants and agreements
herein contained,the parties hereto do hereby mutually agree as follows:
1.
Unless a different meaning clearly appears from the context,words and phrases as used
in this Amendment shall have the same meanings as in the Agreement and the Amendment.
E.
Section 2"Services to be Provided"of the Agreement is hereby amended to read as
follows:
Section 2.Services to be provided.
The Foundation shall provide the following economic development
services;provided such services are designed to promote or develop new or
expanded business enterprises that create or retain primary jobs:
EMIT A
First Amendment to the Economic Development Advertisiniz and
Marketing Services Contract,Page 1
A.Business Assistance Programs.The Foundation shall develop programs designed
to assist and promote the efforts of local businesses and entrepreneurs to form
new business ventures or to expand existing business ventures.
B.Public Policy.The Foundation shall develop advice on public policy and
programs for action by the State of Texas,Harris County,the City of Baytown,
and other agencies that would facilitate and encourage economic growth.The
Foundation may develop advice on policy and budgetary priorities,tax abatement,
desirable regulatory changes,and incentives likely to result in business
relocations and expansions in the Baytown area.
C.Cooperation With Other Entities.The Foundation shall agree to participate in
joint projects of mutual benefit with or supply appropriate information requested
by other economic development organizations.
In this section,the term"primary job"means a job that is:
(A)available at a company for which a majority of the products or services of
that company are ultimately exported to regional,statewide,national,or
international markets infusing new dollars into the local economy;and
(B)included in one of the following sectors of the North American Industry
Classification System(NAICS):
NAICS Sector#Description
111 Crop Production
112 Animal Production
113 Forestry and Logging
11411 Commercial Fishing
115 Support Activities for Agriculture and Forestry
211-213 Mining
221 Utilities
311-339 Manufacturing
42 Wholesale Trade
48-49 Transportation and Warehousing
51(excluding Information(excluding movie theaters and drive-in
512131 and theaters
512132
Securities,Commodity Contracts,and other Financial
523-525 Investments and Related Activities;Insurance Carriers
and Related Activities;Funds,Trusts,and Other
Financial Vehicles
5413,5415,
5416,5417,and Scientific Research and Development Services
5419
551 Management of Companies and Enterprises
922140 Correctional Institutions
First Amendment to the Economic Development Advertising and
Marketing Services Contract,Page 2
III.
Section 4"Fees"of the Agreement is hereby amended to read as follows:
Section 4.Fees.
For and in consideration of the services to be performed by the Foundation
and compliance with the terms of this contract and subject to the other provisions
of this section,the District agrees to pay to the Foundation the total sum of FIFTY
THOUSAND AND N0/100 DOLLARS($50,000.00).The sum shall be paid in
installments of TWELVE THOUSAND FIVE HUNDRED AND NO/100
DOLLARS($12,500.00)each according to the following schedule:
Date Payment
February 1,2003$12,500.00
July 31,2003$12,500.00
January 1,2004$12,500.00
July 31,2004$12,500.00
IV.
The parties hereby acknowledge and agree that the first two installments have been paid
in full as of the date of this Amendment and that only the final two installments remain due and
owing under the terms of this Amendment.
V.
Section 5"Allocated of Funds"of the Agreement is hereby amended to read as follows:
Section 5.Allocated Funds.
Payments by the District to the Foundation are subject to funds being
appropriated by the Board of Directors of the District for the purpose of
purchasing the services provided in this contract.
VI.
Section 6.Term.
This contract shall be effective for the period from February 1,2003,to
September 30,2004.It is specifically agreed that the Foundation shall not be
obligated to perform any services under or pursuant to this contract and the
District shall not be obligated to make any payments for services performed after
the expiration of that period.
First Amendment to the Economic Development Advertising and
Marketing Services Contract,Page 3
VII.
The provisions of this Amendment and the provisions of the Agreement should be read
together and construed as one agreement provided that,in the event of any conflict or
inconsistency between the provisions of this Amendment and the Agreement,the provisions of
this Amendment shall control.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment in multiple
copies,each of which shall be deemed to be an original,but all of which shall constitute but one
and the same amendment,this day of October,2003.
BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT
GARY JACKSON,General Manager
ATTEST:
GARY W.SMITH,Assistant Secretary
BAYTOWN AREA/WEST CHAMBERS
COUNTY ECONOMIC
DEVELOPMENT
FOUNDATION
(Signature)
(Printed Name)
(Title)
ATTEST:
(Signature)
(Printed Name)
(Title)
FAKamnTiles\Contraets\MDD Economic Development Advertising and Marketing Services Conuact\FirsLAmendment2EconomicDevelopmentSenices.doc
First Amendment to the Economic Development Advertising and
Marketing Services Contract,Page 4