1999-312 ORDINANCE NO ~ -Z/~-~
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 orchnance as well as the original agreement with the Chamber and all
amendang 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
orgamzatlon, to provide economic development services, and
WHEREAS, the services provided by the Chamber herein are exempt from competitive
bidchng under the sole source exemption to competitive bld&ng 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
/~[F~_I.Q]3LI. That the Mayor, or in his absence the Mayor Pro Tom, is hereby authorized
to execute a First Amendment to the Consolidation Amendment of the Economic Development
Program Agreement between the City and the Chamber, ~n substantially the form of the
Agreement winch xs attached to and made a part of tins ordinance for all purposes
SECTION 2 That the City Manager is anthonzed to make the expenditures and perform
the obligations as set forth m the attached Agreement
~ That save and except as amended hereby, the Consohdat~on Amendment of
the Economm Development Program Agreement of October 7, 1997 shall remain in full force
and effeot
E T/~.Q!I.Q..h~ That th~s ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
PASSEDANDAPPROVEDttusthe 'TZ~ dayof~~e~,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
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 Consohdatlon Amendment of the Economic Development
Program Agreement Between the Caty of Denton and the Denton Chamber of Commerce, origi-
nally entered into on October 7, 1997, made between the City of Denton, Texas, a Texas mumm-
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 part,es hereto, hereinafter referred to as the
"Consolidation Amendment", all in accordance wath the Denton Chamber of Commerce Opera-
tlons - Contracted Services 2000 request as shown on and incorporated an the Operations - Con-
tracted Services for 1999-2000 wluch ~s attached to and made a part of this Agreement for all
purposes
WHEREAS, on August 15, 1989, the City and the Chamber entered ~nto an Agreement
for an economic development program ("Base Agreement"), and
WHEREAS, the Base Agreement has been amended four tames, on August 2, 1994,
August 15, 1995, July 24, 1996, and October 7, 1997, when the Caty, the Chamber, and the then
Economm Development Corporataon of Denton, Inc, ("EDC") entered ~nto an agreement to have
the EDC perform all the economm development functions assigned to the Chamber by the Base
Agreement, and
WHEREAS, upon the d~ssolutton of the EDC, the City and the Chamber assumed all of the
obhgatxons of the July 26, 1996 amendment from the EDC, and
WHEREAS, on October 7, 1997, the Caty and the Chamber entered into the Consolidation
Amendment of the Base Agreement to eombane and consohdate all of the condatlons of the Base
Agreement and the amendments into one antegrated agreement for econonuc development services,
and
WHEREAS, the above-mentioned ordinances and the original Base Agreement and all
amendments thereto and the Consohdataon Amendment wath the Chamber conmtute an econonuc
development program under Tex Lee Gov't Code §380 001, whereby the City contracts with the
Chamber- a non-profit orgamzaUon- to prowde economic development services, and
WHEREAS, the part,es now wish to enter rote a F~rst Amendment to the Consolidation
Amendment to estabhsh fundang for the fiscal year ending September 30, 2000,
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND CONDITIONS SET
FORTH HEREIN
~ That Section 4 "Support Services and Funchng" of the Consohdataon
Amendment ~s hereby amended to read as follows
4 Sunnort Services and Fundme 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 fimds m the amount of $60,000 The City shall provide funchng m the
amount of $168,837, $84,419 from the Utilities Fund and $84,418 from the General Fund
Thereafter, the City and Chamber shall renegotiato funding shares for subsequent years C~ty
fimdlng will be chstnbutod on a quarterly basis, one-quarter to be prod on October 1, 1999, one-
quarter to be prod on January 1, 2000, and one-quarter to be prod on April 1, 2000, and one-quarter
to be prod on July 1, 2000
Any funds provided by the C~ty pursuant to tbas Agreement shall be retmned in an account
separate and segregated from the Chamber's general operatang fund and shall only be used for the
purposes promded for m flus Agreement The Chamber and the Office shall keep current and
accurate records of all funds received and expended, winch shall be subJeCt to lnspeCtton and audit
by the City at all reasonable times A monthly financial statement showmg all current revenues,
expenditures, and unexpended funds of the Office shall be promded to the City All such financial
records shall be subject to the Texas Pubhc Information Act, Tex Gov't Code Ch 552
~ That SeCtion 6 "Term Termination" of the Consohdauon Amendment ~s
hereby amended to read as follows
6 Tenn. Termination Tins Agreement shall be effective for a term of one year from
the executton hereof, and shall be automatically renewable for successive periods of one year
without the necessity of any acuon on the parties hereto, unless dunng any successive term, the City
shall, after the matial funding promded for herein, fail to appropriate funding for any successive
year, in wbach case tins Agreement shall terminate In any case, however, either party may
terminate tlus Agreement by glwng written notice to the other 30 days advance not,ce, ~n which
case any unexpended funds prowded by the City shall be retumed to the City
~ 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 m 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 this Agree._,m~e~t to be executed by its duly authorized
President as authorized by its Board of D~ractors on this -/-r,.~, day of_~~ 1999
Page 2
CITY OF DENTON, TEXAS
JACK ~L~R, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
~e~0& ~,s ~o ~o^~ ~o~
HERBERT L PROUTY, CITY ATTORNEY
PRESIDENT
Page 3
DENTON CHAMBER OF COMMERCE
Operations - Contracted Services
1999-2000
~ Item 1998 Budget 11999 Budget 2000 Req,,e~
Income
C~ty of Denton $~61,217 $112,998 $~8,837
Total Income 161 ,'~1~ ~ 112,99~ -1~68,837
I
Dmb~l:sem~nts - -
General Administration --
Sa~anes I 73,470 58_,418 87,00C
Special Projects (Temporary) 1,200 1,200 1,20(
Auto Allowance 4,200 2,45(~ ~ 4,200
Rebrement 2,000 1~1~6~ 1,500
15ayroll Taxes ~,120 5,000 6,800
~,uto M~leage 1,800 ~ ,~- 1,800
bled~cal & Dental Insurance 3,000 3,000 3,000
Workers Comp Insurance 800 800 800
Audit - 950 ~5~ -- ~1,00(~
Telephone 3,~40- 3,00~ -- ~ 3,90(~
Postage 1,500 1,500/ ~ 2,00C
Off~ce Supplies 2,100 ~,200 1,50¢
Subtotal __ 100,280 81,484 114,70~
Programs __ t -
Prospect Generation
'l:rade Shows -- ' 11,000 0~ ~600
Chent S~te Vis~ts 2,000* 2,000* 4~0~
D,rect Mall --- 4,000
AIh~s Imt~at~ve .... _ 2,50(~ ~,5001 __ 2,500
Business Expansion and Retention
Small Bus~ness Development Center -- -§,93~ 8,937l 8:937
Corporate HQ V~slts ~,~001 ~,000, ~,00~
Image
~u~l,c Relations Agency Contract ~N/A ~ __
12,00C
FAM Tours N/
2,00C
~larketlng Materials ~ 2,50(~t 4,500 8,00C
Upgrade PubhcatJons & Pnnt~ng
N/A N/A 60(
Web Page 3,000 2,000 1,000
Custom Presentations
Subtotal............ 49.,_437. I 27 937., 5.4,1.3.7
Total Dlsbumements 1-61,217 ~12,9961, 168,837
;~te ws~ts formerly ~ncluded w~th D~rect Markebng I