1997-298FILE REFERENCE FORM [ 97-298 ]
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
First Amendment approved by Ordinance No. 99-312 09/07/99
Second Amendment approved by Ordinance No. 2004-307 10/05/04
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 7~--~ dayof ~0~ef ,199'7.
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
E \DOCS\ORD\CHAMBER ECONOMIC DEVELOPMENT
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CONSOLIDATION AMENDMENT OF
STATE OF TEXAS § ECONOMIC DEVELOPMENT PROGRAM
COUNTY OF DENTON § AGREEMENT BETWEEN THE CITY OF
DENTON AND THE DENTON CHAMBER
OF COMMERCE
Tins Consohdatton Amendment Agreement to that certain Agreement, as amended,
originally entered into on August 15, 1989, made between the City of Denton, Texas, a Texas
mumclpal co~porataon ("C~ty"), and the Denton Chamber of Commerce ("Chamber"), for the
purpose of prowdmg for a program to promote economic development through the joint effort of
the parties hereto, herema~er referred to as the "Base Agreement"
WHEREAS, on August 15, 1989, the City and the Chamber entered into an Agreement for
an econormc development program ("Base Agreement"), and
WHEREAS, the Base Agreement has been amended three tunes, on August 2, 1994,
August 15, 1995, and July 24, 1996 when the City, the Chamber, and the then Economac
Development Corporation of Denton, Inc ("EDC") entered into an agreement to have the EDC
perform all the econormc development functions assigned to the Chamber by the Base Agreement,
and
WHEREAS, upon the dxssolutmn of the EDC, the City and the Chamber assumed all of the
obhgaUons 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, ~s hereby amended and consohdated to read as follows
1 Office of Economic Development Dunng the term of tbas Agreement, the Chamber
shall mmntam an Office of Economxc Development ("Office"), which shall perform the economic
development services, tasks, and functions set forth herein A Vice President of Economic
Development ("Vxce President"), a full-time employee of the Chamber, shall be the primary person
responsible for seeing that the Chamber's obhgattons set forth herein are performed ~n accordance
uath th~s 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 Comrmttee
("Comnuttee") 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 Uttht~es,
one member of the City's Public Utlhty Board, the Chmrman of the Chamber of Commerce Board
of Directors, the President of the Chamber of Commerce, and one member representing the
business commumty to be appoxnted by the Chamber Board of Directors Members of the
Committee shall elect the chanperson who shall serve for a period of one year from the tame of bas
or her appomtmant
The Chamber President shall have the authority to lure and/or terminate the Vaee President
vath the approval of the Commattee The Chamber President shall superase the dmly aetlvmes of
the Vice President The Comnuttee shall act an an advisory role to the Vice Presadent
3 Duttes of Office The duties of the Chamber and the Office shall include the
following
a) Preparatmn and maplementaUon of a comprehensive Economic Develop-
ment Strategic Plan ("Plan") to be approved by the Commattee, the Pubhc
Utfl~taes Board, the Chamber's Board of Directors and the C~ty Council The
Plan vall focus on speeafic, measurable outcomes
b) Quarterly review and amendment, as necessary, m consultauon w~th the
Commattee, of the Plan To become effeeUve, any amendments to the Plan
shall be approved by the Commattee, the Chamber's Board of Darectors, and
the City Council
c) Maintenance of a hatson w~th the Texas Econormc Development Depart-
ment and other pubhc and private agencaes and orgamzataons that would
promote the purpose of the Plan
d) Preparation and mamtanance of a comprehensive fact book and other
pubheaUous that would provade mfonnaUon to interested person as to the
Caty's populatmn, employment base, private and pubhc restitutions and
facthtaes, and other sagraficant characteristics and resources of the City
e) To ~mtlate and mmntam contact w~th, and make presentations to, desarable
industrial prospects so as to promote thear anterest ~n locating within the
area
f) To advise the City of the progress of the Plan at such tames as requested by
the City To thts end, the Office will provide monthly program repons to
the C~ty that xnclude the sources of expendamre of funds, major projects,
number of industrial prospects who vasated Denton and industries locating in
Denton
g) Success of the Chambers economic development efforts shall be measured
by
l) Complelaon of acUwUes outlined in the Plan,
2) Increase m the industrial and commercial property valuauon an the
C~ty of Denton,
3)Increase m the Caty's sales tax revenue due to loeaUon of regional
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retml, call center operations, etc,
4) Increase m the number of new and expanded industrial and
commercial businesses m Denton, and
5) Increase m the number of mdusmal, regional retml, and call center
operation jobs provided
4 Snnnort Services and Fundme The Chamber shall provide the office space,
eqmpment and support staff necessary to the operations of the Office The Chamber shall solicit
and contribute private sector funds m the amount of eighty-five thousand dollars ($85,000) The
City shall prowde funding m the amount of one hundred s~xty-one thousand two hundred seventeen
dollars ($161,217), eighty-five thousand dollars ($85,000) from the Utalmes Fund and seventy-six
thousand two hundred seventeen dollars ($76,217) from the General Fund Thereafter, the City and
Chamber shall renegotmte funding shares for subsequent years City funding uall be distributed on
a quarterly basis, one-quarter to be paid on October 1, 1997, one-quarter to be prod on Januavj 1,
1998, and one-quarter to be prod on April 1, 1998, and one-quarter to be prod on July 1, 1998
Any funds provided by the City pursuant to tins Agreement shall be retained m an account
separate and segregated from the Chamber's general operating fund and shall only be used for the
purposos,prowded for m ttus Agreement The Chamber and the Office shall keep current and
accurate records of all funds received and expended, wluch shall be subject to inspection and aucht
by the City at all reasonable times A monthly financial statement showing all current revenues,
expenchtures, 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 OOV'T CODE ch 552
5 Status of Office and Indemmtv The Chamber shall be considered an independent
contractor not under the direct supermsion 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 habllmes of such employees or agents, including the vnthholdmg or payment of
personal income or social security taxes, as provided by applicable law, and the payment of
worker's compensataon premiums The Chamber shall mamtmn policies of insurance in the
nummum amounts required by law to protect against liability arising fi.om the operation of any
vetucles used by employees of the Office The Chamber agrees to defend against, and mdemmfy
and hold the City, its officers and employees, harmless from any clmm, cause of action, lawsmt, or
damages whatsoever, arising from any negligent act of the Chamber, its officers, or employees
The Chamber shall purchase a policy of general liability insurance w~th policy limits not less than
$500,000~annual aggregate, vath an insurance career approved to do busmess in the State of Texas
by the State Insurance Comrmsslon, wluch career must be rated by Best Rated Careers, vath a
rating of"A-" or lugher The policy shall contmn a provision that requires both City and Chamber
to be notified m writing at least 30 days in advance of any cancellation or change in the policy
6 Term. Termination Tins 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
w~thout the necessity of any action on the part of the pames hereto, unless dunng any successive
term, the City shall, after the mattel fundmg prowded for herein, fad to appropnate funchng for any
successive year, in wtuch case fins Agreement shall terminate In any case, however, either party
PAGE 3
may terminate flus Agreement by g~vmg written not~ce to the other flurty (30) days advance notace,
m wtuch case any unexpended funds prowded by the C~ty shall be returned to the Ctty
7 Replace Prior A~reements That flus Agreement shall supercede and replace the
Base Agreement and all prior amendments of the Base Agreement, and, as of the effecUve date of
flus Agr*emant, the Base Agreement and all prior amendments shall be null and vmd and of no
further force and effect
IN WITNESS HEREOF, the C~ty has caused flus Agreement to be executed by ~ts duly
authorized Mayor and the Chamber has caused flus Agreement ~be execut~ byfi~ duly
authorized Pres~dant as anthonzed by as Board of D~rectors on flus ~/-r day of ~
1997
CITY OF DENTON, TEXAS
JACK M~iL MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
CHAMBER OF COMMERCE
PRESIDENT
E 'OOCS'~K\CHAMBER ECONOMIC DEVELOPMENT
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