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HomeMy WebLinkAbout1997-298FILE REFERENCE FORM 97-298 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES) Date Initials First Amendment approved by Ordinance No. 99-312 09/07/99 )R Second Amendment approved by Ordinance No. 2004-307 10/05/04 J R AN ORDINANCE APPROVING A CONSOLIDATION AMENDMENT OF THE ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR A PROGRAM TO PRO- MOTE 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 on August 15, 1989 and the agreement has been amended on three occasions since that time; and WHEREAS, the City Council deems it in the public interest to approve an amendment consolidating the previous agreements and providing a new agreement to continue the agree- ments between the City and the Chamber for the provision of economic development services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute a Consolidation Amendment of the Economic Development Program Agreement be- tween 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 II. That the City Manager is authorized to make the expenditures as set forth in the attached Agreement. SECTION III. That the attached Agreement shall, in all respects, supercede the previous Agreement of August 15, 1989 and all amendments to that Agreement. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of fidober 11997. ATTEST JENNIFER WALTERS, CITY SECRETARY BY , APPR ED A TO LEGAL FORM HERB RT L PROUTY, CITY ATTORNEY BY E \DOCS\ORD\CHAMBER ECONOMIC DEVELOPMENT Page 2 CONSOLIDATION AMENDMENT OF STATE OF TEXAS § ECONOMIC DEVELOPMENT PROGRAM COUNTY OF DENTON § AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE Tlus Consolidation Amendment Agreement to that certain Agreement, as amended, originally entered into on August 15, 1989, made between the City of Denton, Texas, a Texas municipal corporation ("City'), and the Denton Chamber of Commerce ("Chamber"), for the purpose of providing for a program to promote economic development through the joint effort of the parties hereto, hereinafter referred to as the "Base Agreement " 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 three times, on August 2, 1994, August 15, 1995, and July 24, 1996 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, the City and the Chamber desire to combine and consolidate all of the conditions of the Base Agreement and the amendments into one integrated contract for economic development services, NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND CONDITIONS SET FORTH HEREIN The Base Agreement, as amended, is hereby amended and consolidated to read as follows 1 Office of Economic Development During the term of this Agreement, the Chamber shall maintain an Office of Economic Development ("Office"), which shall perform the economic development services, tasks, and functions set forth herein A Vice President of Economic Development ("Vice President"), a full-time employee of the Chamber, shall be the primary person responsible for seeing that the Chamber's obligations set forth herein are performed in accordance with this Agreement, including the performance of the Office 2 Economic Development Committee Created In order to promote a program for economic development, the parties agree that an Economic Development Committee ("Committee") will be established The members of the Committee, shall be made up of seven members to include the Mayor of the City of Denton, the City Manager, the Director of Utilities, one member of the City's Public Utility Board, the Chairman of the Chamber of Commerce Board of Directors, the President of the Chamber of Commerce, and one member representing the business community to be appointed by the Chamber Board of Directors Members of the Committee shall elect the chairperson who shall serve for a period of one year from the time of his or her appointment The Chamber President shall have the authority to hire and/or terminate the Vice President with the approval of the Committee The Chamber President shall supervise the daily activities of the Vice President The Committee shall act in an advisory role to the Vice President following Duties of Office The duties of the Chamber and the Office shall include the a) Preparation and implementation of a comprehensive Economic Develop- ment Strategic Plan ("Plan") to be approved by the Committee, the Public Utilities Board, the Chamber's Board of Directors and the City Council The Plan will focus on specific, measurable outcomes b) Quarterly review and amendment, as necessary, in consultation with the Committee, of the Plan To become effective, any amendments to the Plan shall be approved by the Committee, the Chamber's Board of Directors, and the City Council c) Maintenance of a liaison with the Texas Economic Development Depart- ment and other public and private agencies and organizations that would promote the purpose of the Plan d) Preparation and maintenance of a comprehensive fact book and other publications that would provide information to interested person as to the City's population, employment base, private and public institutions and facilities, and other significant characteristics and resources of the City e) To initiate and maintain contact with, and make presentations to, desirable industrial prospects so as to promote their interest in locating within the area f) To advise the City of the progress of the Plan at such times as requested by the City To this end, the Office will provide monthly program reports to the City that include the sources of expenditure of funds, major projects, number of industrial prospects who visited Denton and industries locating in Denton g) Success of the Chamber's economic development efforts shall be measured by 1) Completion of activities outlined in the Plan, 2) Increase in the industrial and commercial property valuation in the City of Denton, 3) Increase in the City's sales tax revenue due to location of regional PAGE 2 retail, call center operations, etc , 4) Increase in the number of new and expanded industrial and commercial businesses in Denton, and 5) Increase in the number of mdustrial, regional retail, and call center operation Jobs provided 4 SSm port Services and Funding 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 eighty-five thousand dollars ($85,000) The City shall provide funding in the amount of one hundred sixty-one thousand two hundred seventeen dollars ($161,217), eighty-five thousand dollars ($85,000) from the Utilities Fund and seventy-six thousand two hundred seventeen dollars ($76,217) 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, 1997, one -quarter to be paid on January 1, 1998, and one -quarter to be paid on April 1, 1998, and one -quarter to be paid on July 1, 1998 Any funds provided by the City pursuant to dus 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 tunes 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 GOWT CODE ch 552 5 Status of Office and Indemmty The Chamber shall be considered an independent contractor not under the direct supervision and control of the City The Office shall be under the direct supervision and control of the Chamber and all personnel of the Office shall be considered employees or agents of the Chamber The Chamber shall be responsible for the payment of all benefits or liabilities of such employees or agents, including the withholding or payment of personal income or social security taxes, as provided by applicable law, and the payment of worker's compensation premiums The Chamber shall maintain policies of insurance in the mnmmum amounts required by law to protect against liability ansmg from the operation of any velucles used by employees of the Office The Chamber agrees to defend against, and indemnify and hold the City, its officers and employees, harmless from any claim, cause of action, lawsuit, or damages whatsoever, ansing from any negligent act of the Chamber, its officers, or employees The Chamber shall purchase a policy of general liability insurance with policy limits not less than $500,000 1 annual aggregate, with an insurance carver approved to do business in the State of Texas by the State Insurance Commission, which carrier must be rated by Best Rated Carvers, with a rating of "A-" or lugher The policy shall contain a provision that requires both City and Chamber to be notified in writing at least 30 days in advance of any cancellation or change in the policy 6 Term, Termination This Agreement shall be effective for a term of one (1) year from the execution hereof, and shall be automatically renewable for successive period of one year without the necessity of any action on the part of 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 PAGE 3 may terminate this Agreement by giving written notice to the other thirty (30) days advance notice, in which case any unexpended funds provided by the City shall be returned to the City 7 ReDlace Prior Agreements That this Agreement shall supercede and replace the Base Agreement and all prior amendments of the Base Agreement, and, as of the effective date of this Agreement, the Base Agreement and all prior amendments shall be null and void and of no further 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 this Agreement to be executed by its duly authorized President as authorized by its Board of Directors on this '%t day of nqj �, 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP VED I TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY E \DOCSWCHAMBER ECONOMIC DEVELOPMENT CITY OF DENTON, TEXAS BY JACK L MAYOR CHAMBER OF COMMERCE BY 67" Z�. PRESIDENT PAGE 4