MDD Resolution No. 40 RESOLUTION NO.40
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 SECOND AMENDMENT TO THE ECONOMIC
DEVELOPMENT ADVERTISING AND MARKETING SERVICES
CONTRACT BETWEEN THE BAYTOWN MUNICIPAL DEVELOPMENT
DISTRICT AND THE BAYTOWN AREA/WEST CHAMBERS COUNTY
ECONOMIC DEVELOPMENT FOUNDATION;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
the Second Amendment to the Economic Development Advertising and Marketing Services
Contract.A copy of the amendment 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:
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GADS'N.SMITH,Assistant Secretary
APPROVED AS TO FORM:
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ACIO RAMIREZ,SR.,e eral Counsel
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SECOND AMENDMENT
TO THE
ECONOMIC DEVELOPMENT ADVERTISING AND
MARKETING SERVICES CONTRACT
STATE OF TEXAS§
COUNTY OF HARRIS§
This Second Amendment(this"Second Amendment")to the Economic Development
Advertising and Marketing Services Contract effective on February 1,2002,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 Advertising and Marketing Services Contract(the
"Agreement")for a term commencing on February 1,2002,and ending on July 21,2003;and
WHEREAS,the District and the Foundation amended the Agreement on July 17,2003,in
order to extend the term of the Agreement and to expand the scope of services;and
WHEREAS,the District and the Foundation now desire 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:
I.
Unless a different meaning clearly appears from the context,words and phrases as used
in this Second Amendment shall have the same meanings as in the Agreement and the First
Amendment.
II.
Section 2"Services to be Provided"of the Agreement is hereby amended to read as
follows:
EMIT P
Second Amendment to the Economic Development Advertising and
Marketing Services Contract.Page 1
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:
(A)Marketing and Sales.The Foundation shall organize and conduct a
coordinated marketing and sales program to positively influence
attitudes among local,national,and international business decision
makers by drawing attention to the Baytown area's strengths and
by overcoming negative attitudes.The marketing and sales
program should target groups and senior executives most likely to
result in business relocations and expansions in the Baytown area.
(B)Advertising,Public Relations and Media Communications.The
Foundation shall develop programs designed to encourage the
dissemination,on a national and international level,of accurate
and detailed information on business opportunities in the Baytown
area.
(C)Development of an Economic Development Strategic Plan.The
Foundation shall coordinate the development of an"Economic
Development Strategic Plan"for Baytown to be used in
formulating the Economic Development component of the City of
Baytown's Comprehensive Plan.
DL)Tradeshows.The Foundation shall participate in tradeshows
promoting the following industries:
1.Manufacturing,
2.Plastics,and3.Warehouse/Distribution Centers.
Clearinghouse.The Foundation shall act as a clearinghouse for
statistical,economic,government,educational and labor/workforce
information.
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#I Description
111 I Crop Production
Second Amendment to the Economic Development Advertising and
Marketing Services Contract,Page 2
NAICS Sector#Description
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 1 Management of Companies and Enterprises
922140 Correctional Institutions
III.
The provisions of this Second Amendment and the provisions of the Agreement and the
First Amendment should be read together and construed as one agreement provided that,in the
event of any conflict or inconsistency among the provisions of this Second Amendment,the First
Amendment and the Agreement,the provisions of this Second 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
Second Amendment to the Economic Development Advertising and
Marketing Services Contract,Page 3
BAYTOWN AREA/WEST CHAMBERS
COUNTY ECONOMIC
DEVELOPMENT
FOUNDATION
(Signature)
(Printed Name)
(Title)
ATTEST:
(Signature)
(Printed Name)
(Title)
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Second Amendment to the Economic Development Advertising and
Marketing Services Contract,Page 4