PEDC Meeting Agenda: 5/23/2024 1 of 2 PASADENA ECONOMIC DEVELOPMENT CORPORATION 1149 Ellsworth Drive Pasadena, TX 77506 PASADENA ECONOMIC DEVELOPMENT CORPORATION NOTICE TAKE NOTICE that the Board of Directors (“the Board”) of the Pasadena Economic Development Corporation will hold a Pre-Board meeting at 3:00 p.m. and a Board meeting immediately following the Pre-Board Meeting, in the Pre-Council Conference Room, 1149 Ellsworth Drive, Pasadena, Texas, on Thursday, May 23, 2024. At such meeting, the Board will consider the matters numbered below. The public will be permitted to offer regular public comments and/or public hearing comments as permitted by the presiding officer during the meeting. All speakers MUST sign in prior to the Pre-Board Meeting and will be allotted two (2) minutes to provide their comments. BOARD MEETING AGENDA 1. Call to order. 2. Invocation – Angela West, Board Member. 3. Pledges of Allegiance – Rick Lord, Board President. 4. Public Comments. 5. Consideration of approval of minutes from the meeting held on April 25, 2024. 6. Board Actions – Resolutions. a. Consideration for the Board to call a public hearing on June 27, 2024, to allow public comment regarding the proposed FY 2025 Budget. b. Consideration to authorize Staff to negotiate and execute an agreement with the Pasadena Chamber of Commerce to assist in the continuation of IMPACT Pasadena in the amount of $25,000.00. 7. Report by Executive Director. a. Monthly Update b. FY’ 25 Budget 8. Comments by Board Members. 9. Executive Session.
PEDC Meeting Agenda: 5/23/2024 2 of 2 a. Convene in executive session pursuant to Section 551.087, Texas Government Code to deliberate regarding economic development negotiations, for Business Attraction/Retention Projects. b. Convene in executive session pursuant to Section 551.071, Texas Government Code to seek legal advice from the PEDC attorney regarding pending or contemplated litigation or settlement offers related to Richey Street Roadway and Pedestrian Improvements project. 10. Reconvene Into Regular Session. The Board will reconvene into Regular Session, pursuant to the provisions of Chapter 551 of the Texas Government Code, to take any action necessary regarding: a. Deliberation regarding economic development negotiations for Businesses Attraction/Retention Projects. b. Deliberation regarding legal advice from PEDC attorney. 11. Adjournment.
PEDC Meeting Minutes: 04/25/2024 1 of 6 PASADENA ECONOMIC DEVELOPMENT CORPORATION Pre-Board Meeting April 25, 2024, 3:00 p.m. Minutes Members present: Members Absent: Rick Lord, President Marilyn Wilkins, Vice President Salvador Serrano, Jr., Treasurer Ernesto Paredes, Secretary Efren Arjona Angela West Elaine Domec Others Present: Jeff Moore, Brown & Hofmeister, LLP (via Zoom) Rick Guerrero, Executive Director Julianne Echavarria, PEDC Marketing Manager Karina Tomlinson, PEDC Manager Yolanda Vegas de Eaves, Sr. Office Assistant Call to order: The Pre-Board meeting for the April 25, 2024, Pasadena Economic Development Corporation was called to order at 3:00 p.m. by Board President, Rick Lord. He read through the items on the agenda and asked if anyone had any questions. With no questions or comments by the Board, Rick Lord concluded the Pre-Board Meeting. Pre-Board meeting adjourned at 3:03 p.m.
PEDC Meeting Minutes: 04/25/2024 2 of 6 PASADENA ECONOMIC DEVELOPMENT CORPORATION Board Meeting April 25, 2024, 3:03 p.m. Minutes Agenda Item One: Call to order The Board meeting on April 25, 2024, for Pasadena Economic Development Corporation was called to order at 3:03 p.m. by Board President, Rick Lord. Agenda Item Two: Invocation Invocation given by: Ernesto Paredes, Board Secretary. Agenda Item Three: Pledges Pledges led by: Efren Arjona, Board Member. Agenda Item Four: Public Comments No comments made by any attendees. Agenda Item Five: Approval of Minutes from March 27, 2024 Rick Lord, called for a motion to approve the minutes from the meeting held on March 27, 2024. Marilyn Wilkins moved to approve the minutes, seconded by Ernesto Paredes. MOTION CARRIED UNANIMOUS. Agenda Item Six: Board Actions- Resolutions a. PEDC RESOLUTION 24-009- Consideration to accept the Financial Report of Investment Activities for the Fiscal Quarter ended March 31, 2024. Ernesto Paredes made a motion, seconded by Elaine Domec that PEDC Resolution 24-009 be passed, approved and adopted. MOTION CARRIED ANONIMOUS. b. PEDC RESOLUTION 24-010 – Consideration to authorize Staff to negotiate and execute an agreement with the Pasadena Chamber of Commerce to promote, engage and support the Pasadena Loves Local initiative in the amount of $30,000.00. Ernesto Paredes made a motion, seconded by Salvador Serrano, Jr. that PEDC Resolution 24-010 be passed, approved and adopted. MOTION CARRIED UNANIMOUS. Cristina Womack, Pasadena Chamber CEO stepped forward to give the Board a brief presentation. She began by describing the job fair that took place the day before with an additional 250% more attendees, about 850 people. She praised the Chamber’s Vice President Erin Webb, who was not present at this time, for being the lead on the Pasadena Loves Local program alongside Julianne Echavarria, EDC’s Marketing manager. She introduced her presentation by referring to the strategic plan update back in 2023, and how it compares to the Pasadena Loves Local program. This program was designed to support two of the six goals: business development and the workforce through the Business Retention and Expansion program and the Pasadena Loves Local workshops. After reviewing them one by one in detail it was refreshing to see that this program alone touches all six strategic plan goal recommendations. Next slide described four PLL workshops in 2023, such as
PEDC Meeting Minutes: 04/25/2024 3 of 6 Generations Collide workshop which took place again last month. These workshops experienced a 62% increase from 2022 to 2023, two of the programs that took place for the year were well above of 100% increase in attendance, and the plan is to do the same events in 2024. The success, as with the job fair, is that the entire initiative supports the strategic plan goal of workforce development, which was not an original initiative goal of the PLL, but it spills out to other goals aligned to the strategic plan. Through the workshops in the small business resource fair, we partnered with SPA, SBDC and SCORE. We teach people how to use small business tools, as well as sharing the small business wins on how other companies are getting contracts with cities, counties, the port, and large industry. Another conversation in the Strategic Plan was about expanding partnerships with PISD, SJC, and UHCL - the latter being one of the specific recommendations. Next week the work committee is having an in-campus visit and extended the invitation to the Board members. C. Womack wanted to highlight that some of the recommendations from the strategic plan were to expand these events across the city. Our citywide open events need to be marketed in different ways, beyond the Pasadena area and into the broader Houston metro area. Next slide shows the media partners present specific for the job fair, Telemundo and KPRC 2 to name some. She also mentioned the large amount of radio coverage the Taste of Town event received last year, and the presence of television hosts and media coverage as well. She reflected on the effort made throughout the years in trying to change the image and stereotype of what people think of Pasadena. She knows this has been a primary focus for R. Guerrero and all the other programs the EDC has been involved. It is exciting to see Pasadena in the news for positive things. Julianne and Kerri Walsh, chair of the workforce committee and Director of Recruiting at Pinnacle, went on the news yesterday and did a segment about the Job Fair, giving great publicity to what is happening. She announced that the Pasadena Chamber of Commerce has been named the 2024 community partner of the year, by the US Small Business Administration, Houston district office. This nomination comes in part from the partnership with the EDC and they are excited to have R. Guerrero present when they receive the award. C. Womack went onto describe another program that is part of the PLL: Business Retention and Expansion, and Surveys. This points to the Strategic Plan goal 2: Business Development. The primary goal is to understand what is going on with businesses and their challenges, what can we hear from them to make sure that we continue to attract and retain businesses in Pasadena. These types of companies range from small businesses to large industry and everything in between. For this past year’s expansion, R. Guerrero asked us to focus more on small businesses as part of the visits, which was one of the recommendations. Julianne and Erin have done an excellent job making sure meetings are available, allowing us to offer them the support they need. There has not been that much change in the challenges that businesses face; workforce as number one whether the businesses are small or large across the industry, for expansion or new business development is planning and permitting process, which does not come as a surprise. For small businesses, the challenge is marketing since Pasadena has limited media coverage. Our next workshop happening in September is going to focus on small business marketing and with the outcome of these visits we will develop the content to meet their needs. The last slide refers to the Survey which gets documented in writing, so we understand what we need to work on. Being consistent with the Strategic Plan, this year we launched a survey at the State of the City, this is the largest and most formal event we do, capturing feedback from everyone in the audience. There are a lot of the same issues, but collectively working together there is nothing that is outside of what the EDC and the Chamber focus on. The top five areas of support requested in the survey are: local planning and permitting, educational workforce development, small business support, strategic appointments, and infrastructure. Overall, the program is doing exactly what we were hoping for and then some. The Chamber along with Rick and Julianne have been working on the contract renewal, we look at the programs and evaluate them to make sure we are not doing the same thing year after year. She thanked the Board for its support and offered to answer any questions. M. Wilkins commented that about 20 years ago, and this had to do with
PEDC Meeting Minutes: 04/25/2024 4 of 6 involvement in another chamber, there was an effort to connect large businesses and small businesses, and the challenges that arise from that can be difficult. But from the standpoint of saying small businesses, she does not think of five hundred employees or less, even though that is what the definition is. She thinks based on criticism she heard, not regarding this Chamber’s program but in general terms, the larger but still small businesses may have a harder challenge with respect to how their needs are being met. She hopes as the program continues to mature, that there is more emphasis on that. C. Womack wanted to clarify if for the smaller businesses, she refers to less than 50 employees. M. Wilkins responded that it might be businesses with two hundred employees but not thousands. On that segment of the marketplace when you see Pasadena Loves Local, on most people’s minds, they think of finding their favorite boutique, or ice cream store. Not those companies that are larger but are not huge, that also have their own set of challenges. C. Womack responded that they have been focusing on data to quantify within the chamber and within all the companies they gave grants to, during the pandemic based on employee size. The port of Houston is a great model on capturing data to award businesses, whether is small business, minority /women owned. We have not historically done a great job with that in Pasadena on any level. We have been segmenting our data a little more around the types of people we are serving and trying to understand that. We want people to understand that Pasadena Loves Local is not about small businesses, it is about local businesses and small businesses are part of that; it is both and. S. Serrano, Jr., added that some of those companies are also local business owners. We think for example: McDonald’s but there is a family behind, the one of Ed Quijano who is involved in the community. Same thing with Luke Wilbanks, we think of Chickfil-A, so we think “We want to eat at a mom-and-pop shop,” right? The people that are donating behind the scenes do not ask for much, local Pasadena families are pushing and sponsoring events, like the Quijano family. This is hard because we think “Well, they have their own resources” but they really have their own challenges. We are growing and understanding everything from Chevron to the Port of Houston, down to your local mom and pop shops. He wanted to bring this to light because sometimes when we think of McDonalds or Chick-fil-A, we see them as big brands. C. Womack responded that that is the reason we must think of 6.2.2 and 6.2.3 on the strategic plan and follow up having these conversations, and as it all grows, we will continue to grow too. Agenda Item Seven: Report by Rick Guerrero, Executive Director R. Guerrero began his report by referring to the progress in the partnership with the chamber and as C. Womack mentioned, the job fair went very well. Based on Julianne’s feedback it was a packed house. He is proud of his staff at the EDC, they have been active in supporting them in every way the can. On a side note, just the last couple of days Julianne had two interviews, one with Telemundo and another with Channel 2 to promote the job fair. He then proceeded to give some project updates. Richey Street: This item will be in the Executive session for an update. Pasadena Blvd: There is a lot of activity going on, there will be more as we move forward and hopefully it can be finished in 12-18 months. Pasadena Arena: This project continues to progress, they started to install the new water and fire lines. We have been looking at seating options and various LED screen options as well. Desing for the interior is almost done, and it looks very nice. Vince Greenway & Little Vince Greenway: These projects continue to move forward and there are no updates at this time. Hwy 225 Safety Lighting: We are waiting for approvals from TxDOT. We are just trying to figure out what is the best way to secure the safety lights, since there is going to be work done on Hwy 225 in the future, it is probably a faster process for us to find a free-standing structure rather than attach it to Hwy 225. Pasadena Plaza: We have a meeting coming up in the next couple of weeks, it is going to be 80 – 90% design completion at that point. Convention Center Fairgrounds: At the convention center property in general, water lines had been added across the front as well as new sewer and electrical capacities, to help some of the events such as the strawberry festival, the Pasadena rodeo and anything else that happens at the grounds. The work will last at least another 18 months or so.
PEDC Meeting Minutes: 04/25/2024 5 of 6 Agenda Item Eight: Comments by Board Members. Angela West: Congratulated the Chamber of Commerce on the award, she thinks it was well deserved and recognized their hard work. She remembers when she was young and worked at a company that was involved with the Chamber, making her familiar with them for many years. Elaine Domec: She thanked EDC’s staff because they do an excellent job, adding that we would not be where we are without them. Ernesto Paredes: He passed some information about the Chamber to people from his church and had a lot of good feedback from adults and youth that were able to visit the event. He agrees with what Cristina said about the attendance, it was packed house and thanked the Chamber for the support. Efren Arjona: Apologized for not being present during the last meeting. He Congratulated the Chamber and asked them to keep up with the excellent work. Marilyn Wilkins: She seconded everything said to the chamber. She also wanted to thank publicly the newly retired City Controller Julie St. Jean for her services to the EDC and her hard work. Salvador Serrano, Jr.: He congratulated the Chamber on their award and acknowledged their hard work, he used to be one of their Board members, its staff has evolved to be wonderful just like the one at the EDC. He also thanked the city’s staff because their work does not go unnoticed, we put all these plans together and they make it work for us. Rick Lord: Thanked everyone for the teamwork and added that things are going in a good direction, and like everyone else he wants the Pasadena Blvd corridor fixed up quickly, R. Green responded, “no pain no gain.” Agenda Item Nine: Executive Session. **NOTE** 3:31 PM – At this time Board President Rick Lord announced that the Board would be “going behind doors” for an Executive Session. a. Convene in executive session pursuant to Section 551.087, Texas Government Code to deliberate regarding economic development negotiations, for Business Attraction/Retention Projects. b. Convene in executive session pursuant to Section 551.072 and 551.087, Texas Government Code to deliberate the purchase, exchange, lease or value of real property and to deliberate regarding economic development incentives – Project #2401. c. Convene in executive session pursuant to Section 551.071, Texas Government Code to seek legal advice from the PEDC attorney regarding pending or contemplated litigation or settlement offers related to Richey Street Roadway and Pedestrian Improvements project. Agenda Item Ten: Reconvene into Regular Session **NOTE** 4:16 PM – At this time, President Rick Lord reconvened the Regular Board Meeting. The Board will reconvene into Regular Session, pursuant to the provisions of Chapter 551 of the Texas Government Code, to take any action necessary regarding: a. Deliberation regarding economic development negotiation for Businesses Attraction/Retention Projects. • There was no deliberation on this item. b. Deliberation regarding real property – Project #2401. • There was no deliberation on this item.
PEDC Meeting Minutes: 04/25/2024 6 of 6 c. Deliberation regarding legal advice from PEDC attorney. • PEDC RESOLUTION 24-011 – Salvador Serrano, Jr. made a motion to further consider the settlement offer related to the Richey Street Roadway project at the next PEDC meeting, seconded by Ernesto Paredes. MOTION CARRIED UNANIMOUSLY. Agenda Item Eleven: Adjournment Board President Rick Lord called for a motion to adjourn the April 25, 2024, meeting at 4:17 p.m. Ernesto Paredes moved seconded by Salvador Serrano, Jr. MOTION CARRIED ANONIMOUS.
TO: Board of Directors FROM: Rick Guerrero DATE: May 17, 2024 SUBJECT: IMPACT Pasadena Renewal SUMMARY: PEDC’s Strategic Plan identifies a need to cultivate future leaders for Pasadena. In 2019, The Pasadena Chamber of Commerce and EDC Staff partnered in the development of a leadership program, (IMPACT Pasadena) to assist in this effort. Leadership programs are common throughout the country. They are designed to identify and bring together community members who seek the opportunity to expand their involvement in community affairs and are willing to assume leadership roles within their community. The Pasadena Chamber of Commerce will continue to oversee the content and direction of the program in 2024-2025. EDC will continue to fund the program as a founding partner, in addition to other sponsors secured by the chamber. STRATEGIC PLAN JUSTIFICATION (2018): Section 1.2 – Engage young professionals and emerging business leaders as a target audience in Pasadena’s economic development program. Section 1.2.1- Support the Pasadena Chamber of Commerce efforts to re-establish the Leadership Pasadena program as a pipeline of engaged civic leaders who support economic development. CURRENT ACTION: Consideration to authorize Staff to negotiate and execute an agreement with the Pasadena Chamber of Commerce to assist in the continuation of IMPACT Pasadena in the amount of $25,000.00. BUDGET FUNDING: 9949-7104 ATTACHMENTS: 1 – 2024-2025 Draft Agreement
PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT by and between the PASADENA CHAMBER OF COMMERCE, a Texas non-profit corporation (hereinafter referred to as the “Chamber”), and the PASADENA ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation (hereinafter referred to as the “PEDC”), is made and executed on the following recitals, terms and conditions. WHEREAS, PEDC is a Type B economic development corporation operating pursuant to Chapter 505 of the Texas Local Government Code, as amended (also referred to as the “Act”), and the Texas Non-Profit Corporation Act, as codified in the Texas Business Organizations Code, as amended; and WHEREAS, Section 505.102 of the Texas Local Government Code provides the authority for PEDC to contract with the Chamber to: (1) carry out an industrial development program or objective; or (2) assist with the development or operation of an economic development program or objective consistent with the purposes and duties of the Act; and WHEREAS, Section 505.103 of the Texas Local Government Code provides that PEDC may spend not more than ten percent (10%) of its corporate revenues for promotional purposes; and WHEREAS, pursuant to this Agreement, the Chamber agrees to undertake the following: promote and advertise the City of Pasadena, Texas; seek businesses to locate to the City of Pasadena, Texas; and promote business development and retention for the City of Pasadena, Texas; and WHEREAS, the PEDC’s Board of Directors have determined the assistance provided to the Chamber pursuant to this Agreement is consistent with Sections 505.102 and 505.103 of the Texas Local Government Code. NOW, THEREFORE, for and in consideration of the agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, PEDC and the Chamber agree as follows: SECTION 1. FINDINGS INCORPORATED. The foregoing recitals are hereby incorporated into the body of this Agreement and shall be considered part of the mutual covenants, consideration and promises that bind the parties. SECTION 2. TERM. This Agreement shall be effective as of the Effective Date, and shall continue thereafter until May 31, 2025, unless terminated sooner under the provisions hereof.
Page 2 Performance Agreement Pasadena Economic Development Corporation – Pasadena Chamber of Commerce Leadership Pasadena Program SECTION 3. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. (a) Act. The word “Act” means Chapters 501 to 505 of the Texas Local Government Code, as amended. (b) Agreement. The word “Agreement” means this Performance Agreement, together with all exhibits and schedules attached to this Performance Agreement from time to time, if any. (c) Chamber. The word “Chamber” means the Pasadena Chamber of Commerce, a Texas non-profit corporation, its successors and assigns, whose address for the purposes of this Agreement is 4334 Fairmont Parkway, Pasadena, Texas 77504. Telephone number is (281) 487-7871. (d) City. The word “City” means the City of Pasadena, Texas, a Texas home-rule municipality, whose address for the purposes of this Agreement is 1149 Ellsworth Drive, Pasadena, Texas 77506. (e) Effective Date. The words “Effective Date” mean the date of the latter to execute this Agreement by and between the Chamber and PEDC. (f) Event of Default. The words “Event of Default” mean and include any of the Events of Default set forth below in the section entitled “Events of Default.” (g) PEDC. The word “PEDC” means the Pasadena Economic Development Corporation, a Texas non-profit corporation, its successors and assigns, whose corporate address for the purposes of this Agreement is 1149 Ellsworth Drive, Pasadena, Texas 77506. Telephone number is (713) 920-7957. (h) Related Documents. The words “Related Documents” mean and include without limitation all other instruments and documents, whether now or hereafter existing, executed in connection with this Agreement. (i) Term. The word “Term” means the term of this Agreement as specified in Section 2 of this Agreement. SECTION 4. AFFIRMATIVE COVENANTS OF CHAMBER. The Chamber covenants and agrees with the PEDC that while this Agreement is in effect, it shall comply with the following terms and conditions: (a) IMPACT Pasadena. The Chamber covenants and agrees that while this Agreement is in effect to assist in the fulfillment of the PEDC Strategic Plan initiative of providing
Page 3 Performance Agreement Pasadena Economic Development Corporation – Pasadena Chamber of Commerce Leadership Pasadena Program emerging business leaders with a professional leadership program in an effort to create a pipeline of engaged civic leaders who support economic development and PEDC community initiatives. A minimum of sixty percent (60%) of the IMPACT class shall be residents of the City of Pasadena, Texas. (b) Annual Report. The Chamber covenants and agrees to provide a report on the activity and progress of the IMPACT Pasadena program and its expenditures. The report shall include an informational update on curriculum, experiences and leadership development of the participants and the relation to the PEDC Strategic Plan. The Chamber will provide the report in writing at the regularly scheduled meeting for PEDC for the following month during the Term of this Agreement, and in writing by December 31, 2024. (c) Monthly Updates. The Chamber covenants and agrees to provide an update to PEDC on a monthly basis during the Term of this Agreement, reporting on the activity of the IMPACT Pasadena program and activities. (d) Marketing PEDC. The Chamber covenants and agrees to promote PEDC and the City of Pasadena activities by: (1) Include the PEDC logo on website and promotional materials as a founding partner; (2) Chamber will promote PEDC initiatives and news on chamber social media platforms & email marketing; (3) Pasadena Chamber to increase awareness among Chamber & IMPACT Pasadena staff as it relates to Pasadena EDC being a founding partner for the program; (4) Pasadena Chamber will introduce IMPACT program as a partnership with Pasadena EDC at events, council meetings, etc.; (5) PEDC recognition as founding partner at each monthly IMPACT event; (6) PEDC Recognition as founding partner at Graduation ceremony and invitation for VIP Reception with IMPACT participants; (7) PEDC invitation to select IMPACT events; (8) Opportunity to host IMPACT at PEDC events and meetings; (9) Complimentary tuition for one participant in 2024 cohort to be determined by PEDC. (e) Performance. The Chamber covenants and agrees to perform and comply with all terms, conditions, and provisions set forth in this Agreement and in all other instruments and agreements by and between the Chamber and PEDC. SECTION 5. AFFIRMATIVE OBLIGATIONS OF PEDC. PEDC covenants and agrees with the Chamber that while this Agreement is in effect, it shall comply with the following terms and conditions:
Page 4 Performance Agreement Pasadena Economic Development Corporation – Pasadena Chamber of Commerce Leadership Pasadena Program (a) Financial Assistance by PEDC to Chamber. PEDC covenants and agrees to pay the Chamber Twenty-Five Thousand and No/100 Dollars ($25,000.00) for the Leadership Pasadena program required by Section 4(a) of this Agreement. Said financial assistance shall be paid by PEDC to the Chamber on the following date following an invoice provided by the Chamber to PEDC: (1) June 1, 2024, or within (30) days of the Effective Date of this Agreement; (b) Performance. PEDC covenants and agrees to perform and comply with all terms, conditions, and provisions set forth in this Agreement and in all other instruments and agreements by and between PEDC and the Chamber. SECTION 6. CESSATION OF ADVANCES. If PEDC has made any commitment to make any advance of funding to the Chamber whether under this Agreement or under any other agreement, PEDC shall have no obligation to advance or disburse any financial assistance if: (i) the Chamber becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged bankrupt; or (ii) an Event of Default occurs. SECTION 7. EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: (a) General Event of Default. Failure of Chamber or PEDC to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement, or failure of Chamber or PEDC to comply with or to perform any other term, obligation, covenant or condition contained in any other agreement by and between Chamber or PEDC is an Event of Default. (b) False Statements. Any warranty, representation, or statement made or furnished to PEDC by or on behalf of the Chamber under this Agreement or the Related Documents that is false or misleading in any material respect, either now or at the time made or furnished is an Event of Default. (c) Insolvency. The Chamber’s insolvency, appointment of receiver for any part of Chamber’s property, any assignment for the benefit of creditors of the Chamber, any type of creditor workout for the Chamber or the commencement of any proceeding under any bankruptcy or insolvency laws by or against the Chamber is an Event of Default. (d) Other Defaults. Failure of the Chamber to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the related documents, or failure of the Chamber to comply with or to perform any other term, obligation, covenant or condition contained in any other agreement by and between PEDC and the Chamber is an Event of Default.
Page 5 Performance Agreement Pasadena Economic Development Corporation – Pasadena Chamber of Commerce Leadership Pasadena Program SECTION 8. EFFECT OF AN EVENT OF DEFAULT. In the event of default under Section 7 of this Agreement, the non-defaulting party shall give written notice to the other party of any default, and the defaulting party shall have thirty (30) days to cure said default. Should said default remain uncured as of the last day of the applicable cure period, and the non-defaulting party is not otherwise in default, the non-defaulting party shall have the right to immediately terminate this Agreement, enforce specific performance as appropriate, or maintain a cause of action for damages caused by the event(s) of default. In the event, Chamber defaults and is unable or unwilling to cure said default within the prescribed time period, the amounts provided by PEDC to Chamber pursuant to Section 5(a) of this Agreement shall become immediately due and payable by Chamber to PEDC. SECTION 9. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: (a) Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. (b) Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Harris County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Harris County, Texas. (c) Assignment. This Agreement may not be assigned without the express written consent of the other party. (d) Binding Obligation. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. Chamber warrants and represents that the individual or individuals executing this Agreement on behalf of Chamber has full authority to execute this Agreement and bind Chamber to the same. PEDC warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind it to the same. (e) Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. (f) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document.
Page 6 Performance Agreement Pasadena Economic Development Corporation – Pasadena Chamber of Commerce Leadership Pasadena Program (g) Notices. Any notice or other communication required or permitted by this Agreement (hereinafter referred to as the “Notice”) is effective when in writing and (i) personally delivered either by facsimile (with electronic information and a mailed copy to follow) or by hand or (ii) three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: if to Chamber: Pasadena Chamber of Commerce 4334 Fairmont Parkway Pasadena, Texas 77504 Attn: Cristina Womack Telephone: (281) 487-7871 if to PEDC: Pasadena Economic Development Corporation 1149 Ellsworth Drive Pasadena, Texas 77506 Attn: Rick Guerrero Telephone: (713) 920-7957 (h) Severability. If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. (i) Time is of the Essence. Time is of the essence in the performance of this Agreement. (j) Undocumented Workers. Chamber certifies that the Chamber does not and will not knowingly employ an undocumented worker in accordance with Chapter 2264 of the Texas Government Code, as amended. If during the Term of this Agreement, Chamber is convicted of a violation under 8 U.S.C. § 1324a(f), Chamber shall repay the amount of the public subsidy provided under this Agreement plus interest, at the rate of eight percent (8%), not later than the 120th day after the date PEDC notifies Chamber of the violation. [The Remainder of this Page Intentionally Left Blank]
Page 7 Performance Agreement Pasadena Economic Development Corporation – Pasadena Chamber of Commerce Leadership Pasadena Program CHAMBER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS PERFORMANCE AGREEMENT, AND CHAMBER AGREES TO ITS TERMS. THIS PERFORMANCE AGREEMENT IS EFFECTIVE AS OF THE EFFECTIVE DATE AS DEFINED HEREIN. CHAMBER: PASADENA CHAMBER OF COMMERCE, a Texas non-profit corporation, By: Cristina Womack, President/CEO Date Signed: PEDC: PASADENA ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation By: Rick Guerrero, Executive Director Date Signed:
City of Pasadena 9950 List of Current Projects as of 05/15/2024 TASK TITLE Budget Appropiation Date BUDGET EXPENDITURE BALANCE EDCD058 FAIRMONT PKWY DRNG IMP 2/27/2020 450,000.00 $ 369,850.00 $ 80,150.00 $ EDCM008 NORTH PASADENA REDEVELOP 7/20/2021 3,595,057.22 194,000.00 3,401,057.22 EDCM025 CONV CTR FACILITY IMPRV 7/19/2016 1,602,694.09 521,984.00 1,080,710.09 EDCM026 CONV CTR INFRAS IMPRV 9/10/2013 & 7/20/21 5,300,000.00 500,345.19 4,799,654.81 EDCM027 CONVENTION CTR HOTEL PRO 7/5/2016 125,000.00 30,350.00 94,650.00 EDCM058 CAMPBELL HALL REBUILD PR 8/25/2022 380,000.00 48,009.45 331,990.55 EDCM061 CONVENTION CENTER SITE I 11/3/2022 10,246,381.26 10,290,446.26 (44,065.00) EDCM065 FABRICATION & INS OF SIG 6/1/2023 288,200.00 230,592.00 57,608.00 EDCM066 FAIRMONT UTIL. EXTE. PRO 6/1/2023 1,024,941.50 450,319.00 574,622.50 EDCM067 CONV CENTER SITE IMPROVE 6/22/2023 5,197,775.10 793,091.27 4,404,683.83 EDCM069 CONV CENTER GROUNDS ELEC 12/6/2023 907,730.00 82,932.00 824,798.00 EDCR051 QUALITY OF LIFE PROJECTS 3/4/2022 203,698.98 ‐ 203,698.98 EDCR055 PRESTON/CRENSHAW PARK 8/27/2020 38,500.00 35,167.50 3,332.50 EDCR066 VINCE BAYOU GREENWAY 8/26/2021 8,597,277.00 2,906,848.75 5,690,428.25 EDCR086 LITTLE VINCE BAYOU GREEN 7/7/2022 518,130.00 315,220.56 202,909.44 EDCR094 PASADENA MEMORIAL PLAZA 2/23/2023 300,000.00 154,720.89 145,279.11 EDCR095 GOLF COURSE‐PRIVATE LTE 3/23/2023 299,603.26 108,817.54 190,785.72 EDCS054 FAIRWAY PLAZA EXTENSION 7/19/2016 1,230,000.00 128,229.25 1,101,770.75 EDCS077 PASADENA BLVD:HARRIS ‐22 7/16/2019 20,394,085.95 3,696,809.81 16,697,276.14 EDCS107 SHAW ST RECONSTRUCTION 3/23/2023 4,239,016.58 4,236,265.51 2,751.07 EDCS110 RICHEY II(S.MORE‐S.HOUST 5/26/2022 3,815,158.50 2,992,517.39 822,641.11 EDCS113 CORRIDOR DEVELOPMENT 7/20/2021 1,992,768.50 12,124.00 1,980,644.50 EDCS165 SH 225 UNDERPASS LIGHTIN 12/8/2022 543,296.00 255,942.57 287,353.43 EDCT014 TRAF MOBILITY IMPROV(T01 10/25/2018 1,179,368.71 1,140,057.72 39,310.99 EDCT018 TRAFFIC MOBILITY 9/23/2021 1,820,631.29 1,483,934.30 336,696.99 EDCW062 BAY AREA BLVD WTR SYS IM 8/27/2020 558,960.00 108,078.00 450,882.00 EDCW080 WATERLINE LOOP‐PASADENA 4/28/2022 815,760.00 376,980.00 438,780.00 EDCW084 IND DISTRICT WATER SYS I 12/8/2022 605,985.00 168,610.55 437,374.45 EDCW085 IND DISTRICT WATER SYS I 12/8/2022 599,725.00 119,878.05 479,846.95 EDCW086 IND DISTRICT WATER SYS I 12/8/2022 641,485.00 420,947.45 220,537.55 EDCW087 IND DISTRICT WATER SYS I 12/8/2022 152,805.00 73,578.95 79,226.05 EDCWW063 BAY AREA IND PK WW LS FM 8/22/2019 427,160.00 55,552.17 371,607.83 EDCZ006 IND DIST INFRA IMPROV 3/6/2018 9,625,280.00 ‐ 9,625,280.00 Total Current Projects 87,716,473.94 32,302,200.13 55,414,273.81 Total Completed Projects 94,272,775.05 94,272,775.05 ‐ 181,989,248.99 $ 126,574,975.18 $ 55,414,273.81 $
City of Pasadena 9967 List of Current Projects as of 05/15/2024 TASK TITLE Budget Appropiation Date BUDGET EXPENDITURE BALANCE P23101 ISSUANCE COST 10/26/2023 584,624.07 $ 584,624.07 $ ‐ $ P23M029 PASADENA CON CEN EXPANSI 1/11/2024 50,000,000.00 ‐ 50,000,000.00 Total Current Projects 50,584,624.07 584,624.07 50,000,000.00
CIP # Project Name Consultant/Contractor Purpose Appropriation (Forecast) Billed to Date % Billed Completion (Forecast) Comments Middleton Brown Design 450,000.00 $ 369,850.00 $ 82% TBD Construction 2,500,000.00 $ - $ 0% TBD IDS Engineering Group Drainage Analysis 295,000.00 $ 163,314.92 $ 55% Halff Associates, Inc. Design 341,942.00 $ 277,039.89 $ 81% PGAL, Inc. Design 380,000.00 $ 48,009.45 $ 13% TBD Construction 3,500,000.00 $ - $ 0% M065 Convention Center Signage Statewide Municipal Services Design & Construction 288,200.00 $ 230,592.00 $ 80% Project on hold M066 Fairmont Utility Extension T Construction Construction 931,765.00 $ 450,319.00 $ 48% Approximately 75% complete. M067 Convention Center Site Improvements Phase IV Way-Tech Construction 4,950,262.00 $ 1,535,335.18 $ 31% TBD Approximately 32% completion. Center Point Energy Pole Relocation 434,805.00 $ 434,805.00 $ 100% Harris County Acquisition 3,750,000.00 $ 3,750,000.00 $ 100% MBN Enterprises, LLC Construction 15,376,739.00 $ 302,397.07 $ 2% Entech Civil Engineers, Inc. Design 1,100,000.00 $ 1,008,299.80 $ 92% Entech Civil Engineers, Inc. CEI 460,000.00 $ - $ 0% HR Green, Inc. Design 69,330.00 $ 68,981.12 $ 99% Clark Condon Sidewalk/landscaping Design 136,000.00 $ 136,758.85 $ 101% Mar-Con Construction 2,962,495.83 $ 2,847,201.14 $ 96% 5/30/2023 Freese & Nichols, Inc. Deisng 43,296.00 $ 23,344.07 $ 54% Construction 450,000.00 $ 230,000.00 $ 51% Binkley & Barfield, Inc. Design 300,000.00 $ 208,002.89 $ 69% TBD Construction Gerry De Camp Design 218,842.00 $ 183,301.01 $ 84% Traf-Tex, Inc. Construction 1,629,305.18 $ 1,488,238.94 $ 91% HR Green, Inc. Design 558,960.00 $ 108,078.00 $ 19% TBD Construction 2,000,000.00 $ 0% Middleton Brown Design 815,760.00 $ 376,980.00 $ 46% TBD Construction 3,000,000.00 $ 0% HR Green, Inc. Design 427,160.00 $ 55,552.17 $ 13% TBD Construction 3,000,000.00 $ 0% Convention Center Infrastructure Drainage Analysis Bay Area Industrial Park Wastewater Lift Station and Forcemain Improvements Currently under design & tracking easements. WW063 Documentation submitted to Army Corps. Design submittal at 60%. W080 Pasadena Industrial District 18" Waterline Loop 75% of final design. Resolution to cross UPRR pipeline submitted for Council approval. R094 Pasadena Memorial Plaza T018 Traffic Mobility Improvements Phase II Finishing up, installing ADA ramps, crosswalk buttons S165 SH 225 Underpass Lighting W062 Notice to Proceed was issued for August 25, 2022. Site purchase negotiation in review. Bay Area Blvd - Water System Pressure Improvements Addressing redlines from TxDot for permitting. Approved extension through March 2025. Design at 70% Pasadena Blvd - Harris to SH 225 Settling issues with utility companies. PW PROJECT STATUS REPORT 5/23/2024 S107 Shaw Street Reconstruction - Carl St to McMasters Ave Work is complete, final change order under review. D058 Fairmont Parkway Drainage Improvements - Burke Rd to Preston Ave Finalizing phase 1 across Preston Rd. Working on Joint Participation Agreement w/ County. M058 Campbell Hall Rebuild M026 S077