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Home My WebLink About1999-312ORDINANCE NO AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE CONSOLIDATION AMENDMENT OF THE ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City entered into an agreement for an economic development program and services with the Denton Chamber of Commerce ("Chamber") on August 15, 1989 and the agreement has been amended on several occasions since that time, and WHEREAS, on October 7, 1997, the City Council passed Ordinance No 97-298 approving an amendment consolidating the previous agreements and providing a new agreement to continue the agreements between the City and the Chamber for the provision of economic development services, and WHEREAS, this ordinance as well as the original agreement with the Chamber and all amending ordinances and agreements constitute an economic development program under Tex Loc Gov't Code §380 001 whereby the City contracts with the Chamber, a non-profit organization, to provide economic development services, and WHEREAS, the services provided by the Chamber herein are exempt from competitive bidding under the sole source exemption to competitive bidding as management services provided by a non-profit organization to a city facility under Tex Loc Gov't Code §252 022, and WHEREAS, the City Council deems it in the public interest to enter into a First Amendment to the Consolidation Amendment with the Chamber, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute a First Amendment to the Consolidation Amendment of the Economic Development Program Agreement between the City and the Chamber, in substantially the form of the Agreement which is attached to and made a part of this ordinance for all purposes SECTION 2 That the City Manager is authorized to make the expenditures and perform the obligations as set forth in the attached Agreement SECTION 3 That save and except as amended hereby, the Consolidation Amendment of the Economic Development Program Agreement of October 7, 1997 shall remain in full force and effect SECTION 4 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY A VheredWeptWOL\0ur Docu mWN0rdinm=\99\ch=ber a dmwl doc Page 2 STATE OF TEXAS COUNTY OF DENTON FIRST AMENDMENT TO THAT CERTAIN CONSOLIDATION AMENDMENT OF ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE This First Amendment to the Consolidation Amendment of the Economic Development Program Agreement Between the City of Denton and the Denton Chamber of Commerce, ongi- nally entered into on October 7, 1997, made between the City of Denton, Texas, a Texas munici- pal corporation ("City"), and the Denton Chamber of Commerce ("Chamber"), for the purpose of providing for a program under chapter 380 of the Texas Local Government Code to promote economic development through the joint effort of the parties hereto, hereinafter referred to as the "Consolidation Amendment", all in accordance with the Denton Chamber of Commerce Opera- tions — Contracted Services 2000 request as shown on and incorporated in the Operations — Con- tracted Services for 1999-2000 which is attached to and made a part of this Agreement for all purposes WHEREAS, on August 15, 1989, the City and the Chamber entered into an Agreement for an economic development program ("Base Agreement"), and WHEREAS, the Base Agreement has been amended four times, on August 2, 1994, August 15, 1995, July 24, 1996, and October 7, 1997, when the City, the Chamber, and the then Economic Development Corporation of Denton, Inc , ("EDC") entered into an agreement to have the EDC perform all the economic development functions assigned to the Chamber by the Base Agreement, and WHEREAS, upon the dissolution of the EDC, the City and the Chamber assumed all of the obligations of the July 26, 1996 amendment from the EDC, and WHEREAS, on October 7, 1997, the City and the Chamber entered into the Consolidation Amendment of the Base Agreement to combine and consolidate all of the conditions of the Base Agreement and the amendments into one integrated agreement for economic development services, and WHEREAS, the above -mentioned ordinances and the original Base Agreement and all amendments thereto and the Consolidation Amendment with the Chamber constitute an economic development program under Tex Loc Gov't Code §380 001, whereby the City contracts with the Chamber — a non-profit organization — to provide economic development services, and WHEREAS, the parties now wish to enter into a First Amendment to the Consolidation Amendment to establish funding for the fiscal year ending September 30, 2000, NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND CONDITIONS SET FORTH HEREIN SECTTION 1 That Section 4 "Support Services and Funding" of the Consolidation Amendment is hereby amended to read as follows 4 Support Services and Fundine The Chamber shall provide the office space, equipment and support staff necessary to the operations of the Office The Chamber shall solicit and contribute private sector funds in the amount of $60,000 The City shall provide funding in the amount of $168,837, $84,419 from the Utilities Fund and $84,418 from the General Fund Thereafter, the City and Chamber shall renegotiate funding shares for subsequent years City funding will be distributed on a quarterly basis, one -quarter to be paid on October 1, 1999, one - quarter to be paid on January 1, 2000, and one -quarter to be paid on April 1, 2000, and one -quarter to be paid on July 1, 2000 Any funds provided by the City pursuant to this Agreement shall be retained in an account separate and segregated from the Chamber's general operating fund and shall only be used for the purposes provided for in this Agreement The Chamber and the Office shall keep current and accurate records of all funds received and expended, which shall be subject to inspection and audit by the City at all reasonable times A monthly financial statement showing all current revenues, expenditures, and unexpended funds of the Office shall be provided to the City All such financial records shall be subject to the Texas Public Information Act, Tex Gov't Code Ch 552 S_,ECTION 2 That Section 6 "Term Termmation" of the Consolidation Amendment is hereby amended to read as follows 6 Term Termination This Agreement shall be effective for a term of one year from the execution hereof, and shall be automatically renewable for successive periods of one year without the necessity of any action on the parties hereto, unless during any successive term, the City shall, after the initial funding provided for herein, fail to appropriate funding for any successive year, in which case this Agreement shall terminate In any case, however, either party may terminate this Agreement by giving written notice to the other 30 days advance notice, in which case any unexpended funds provided by the City shall be returned to the City SE .TC ION 3 That save and except as amended hereby, all the original sections, subsec- tions, paragraphs, phrases, and clauses of the Consolidation Amendment of October 7, 1997 shall remain in full force and effect IN WITNESS HEREOF, the City has caused this Agreement to be executed by its duly authorized Mayor and the Chamber has caused tlus Agreeme t to be executed by its duly authorized President as authorized by its Board of Directors on this �%f day of -2� 1999 Page 2 ATTEST JENNIFER WALTERS, CITY SECRETARY BY "`' 4 AP ?OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY / ,VhereA&pUGL\WDa ,\Cm�Wikh,.bam d.tdw CITY OF DENTON, TEXAS CHAMBER OF COMMERCE BY PRESIDENT Page 3 of DENTON CHAMBER OF COMMERCE _ Operations - Contracted Services - - - 1999-2000 -_ - Item 1998 Budget 1999 Budget 2000 Roque on _ $161,21'I $112,996 - $168,8 Special Pro/ects (Temporary) Auto Allowance Retirement Payroll Taxes Auto Mileage _ Medical & Dental Insurance Workers Comp Insurance Audit rospect Generation Trade Shows Client Site Visits_ Direct Mad Allies Initiative iusiness Expansion and Retention Visits larketing Materials Upgrade Publications & Printing _ Web Page_ Custom Presentatwns Subtotal r* Site visits formerly included with 161,217 112,9961 168,837 -T T 73,470 58,418 87,000 1,200 1,200 1,200 4,200 2,450 4,200 2, 000 1,166 1,500 6,120 5,000 1_,600I 6,800 1,800 1,800 _ 3,000 3,000 _3,000 800 800 800 950 950 _ 1,000 3,140 - 3,000 3,900 1,500 1,500� 2,000 2,100 2,2ooF 1500 100,280 81,484 114,700 0 5,600 11,000 2,000* 21000.4,500 4,000I 40001 4,000 - 2,500 - 2,500I - 2,500 8,937r` 8,9371 - 8,937 _ 7,500 - 6,OOOI 5,000 N/A NIA N/A _ _ 12,000 N/Al 2,000 4,5_00 _ 8,000 12,500� N/A N/A __ 600 3,OOO _ 2,OOOI 1,000 49,4371 27,9371 54,137 161217i 112,996� 168,837