1985-116
1098L
NO
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
NORTH TEXAS COMMISSION FOR DEVELOPING AND IMPLEMENTING A COMPRE-
HENSIVE MARKETING PROGRAM FOR THE NORTH TEXAS REGION, AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, it is in the best interest of the City of Denton to
develop and implement a comprehensive marketing program, and
WHEREAS, the city staff has recommended that the North Texas
Commission, be retained to develop and implement a comprehensive
marketing program, and
WHEREAS, Section 2 36(f) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$3,000, and
WHEREAS, Section 2 09 of the Charter of the City of Denton,
Texas requires that every act of the Council providing for the
expenditure of funds or for the contracting for indebtedness
shall be by ordinance,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the City Council hereby approves and authorizes the
Mayor and City Secretary to execute and attest, respectively,
the agreement between the City of Denton, and the North Texas
Commission, providing for the purpose of developing and
implementing a comprehensive marketing program for the North
Texas Region under the terms and conditions being contained in
said agreement which is attached hereto and made a part hereof
SECTION II
That this ordinance shall become effective immediately upon
its passage and approval
PASSED AND APPROVED this the day of , 1985
a
CI OF D TON, TEXAS
ATTEST
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON
This Contract and Agreement made and entered into on the 1st day of
May, A D , 1985, by and between the City of Denton acting by and through
0. Chris Hartung, its duly authorized City Manager, hereinafter referred to
as the "City" and the North Texas Commission acting by and through its duly
authorized President, Worth M Blake, hereinafter referred to as the
"Commission",
W I T N E S S E T H
WHEREAS, the Commission is an independent, non-profit corporation
established under the laws of the State of Texas for the purpose of
developing and implementing a comprehensive marketing program for the North
Texas Region which Region includes Denton County and the City of Denton,
Texas, and
WHEREAS, the success or failure of the Commission's purposes and
objectives has a direct impact upon the health, comfort, safety, peace,
good government and welfare of the citizens of the City, and
WHEREAS, the City is charged with the responsibility of promoting and
preserving the health, comfort, safety, peace, good government and welfare
of its citizens,
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, the parties do hereby covenant and agree as follows
ARTICLE 1
The Commission shall commence the services contemplated to be furnished
and performed hereunder on the 1st day of May, 1985
ARTICLE 2
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The term of this contract and agreement shall be for a period of one
year from the let day of May, 1985
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ARTICLE 3
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City of Denton agrees to pay to the Commission as compensation for
services rendered hereunder the sum of Three Thousand Nine Hundred Thirty-
Eight and 00/100 Dollars ($3,938 00) per annum, payable as follows
Annually
ARTICLE 4
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The Commission covenants and agrees to
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(a) Design, develop and implement a regional marketing/communications
campaign that will position the Region, and as such the City, pos-
itively in the minds of a carefully selected audience of national
~I and international business and governmental executives As the
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marketing program is totally regional in nature, the City's name
may or may not be listed in related marketing literature How-
ever, it is the Commission's policy to make every reasonable
effort to publicize the City's name in all literature within the
Commission's control
(b) Design, develop and implement a routine, regionally-oriented pro-
oedure for responding to qualified inquiries This procedure
would provide for, but not be limited to, inclusion of a City
developed and produced (Commission approved) response piece
(e) Design, develop and implement a pro-active regional aviation
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development program targeted toward fostering the continued devel-
opment of DFW International Airport and all Metroplex aviation
facilities
(d) Make available to citizens and residents of the City such mater-
ials, including economic research, as it has and may develop,
gather or produce for enhancing the economic health and well-being
of the North Texas Region
(e) Develop and implement a marketing/communications strategy to
increase the region's, and where appropriate the City's, interna-
tional image
(f) Furnish periodic economic-type and comprehensive NTC news-type
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reports to the City's Chief Administrative Officer with the under-
standing that such reports may also be furnished to the local news
media for dissemination to the general public
(g) Continue its current successful programs and implement such new
and innovative programs as will further its corporate objectives
and those in common with the City's interests and activities
(h) Advertise, where appropriate and practical, for the general promo-
tional and tourist attraction of City and its vicinity
ARTICLE 5
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It is covenanted and agreed that the Mayor of the City shall be an ex-
offioio member of the Board of Directors of the Commission and, as such, is
the City's designated representative to vote the city's membership shares
at all official elections of the Commission If the Mayor is unable to
serve, his position on the Board will be filled by the City's Manager
ARTICLE 6
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The Commission agrees to assume and does hereby assume all responsibil-
ity and liability for damages sustained by persons or property, whether
real or asserted, by or from the carrying on of work or in the performance
of services performed and to be performed hereunder The Commission coven-
ants and agrees to, and does hereby indemnify and save harmless the City
and all of its officers, agents, and employees from all suits, action or
claims of any character brought for or on account of any injuries or
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damages, whether real or asserted, sustained by any person or property by
or in consequence of any neglect, omission, act or conduct of Commission,
its agents, servants or employees
ARTICLE 7
Notwithstanding the provisions of Paragraph 2 above, it is agreed this
contract may be cancelled and terminated by either party upon giving thirty
(30) days written notice so to cancel or terminate to the other party
hereto The terminal 30 days shall commence upon receipt of such notice by
the addressee and shall conclude at midnight on the 30th day thereafter
In the event this contract terminates under the provision of this paragraph
either unilaterally or by agreement of the parties, if not otherwise stipu-
lated, it is agreed only the pro-rata portion of the terminal monthly
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installment for service shall be paid on the let of such terminal month
Upon payment or tender of such amount, all of the City's obligations here-
under shall be discharged and terminated and no action shall lie or accrue
for additional benefit, consideration or value for or based upon the ser-
vices performed under or pursuant to this agreement
ARTICLE 8
Commission shall pay all taxes, royalties, and expenses incurred in
connection with services under this agreement, except as provided in
Article 3 herein
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ARTICLE 9
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Commission shall observe and abide by all applicable federal laws,
state statutes and the Charter and Ordinances of the City, and all rules
and regulations of any lawful regulatory body acting thereunder in connec-
tion with the services performed hereunder
ARTICLE 10
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No member of or delegate to the Congress of the United States or the
Legislature of the State of Texas shall be admitted to any share or part of
this contract or to any benefit arising therefrom
ARTICLE 11
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No member, officer or employee of the City or of any local public body,
during this tenure or one (1) year thereafter, shall have any interest,
direct or indirect, in this contract or the proceeds thereof This prohi-
bition is not intended and should not be construed to preclude payment of
expenses legitimately incurred by city officials in the conduct of Commis-
sion business
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ARTICLE. 12
Venue of, spy_action`brought-on-orunder this agreement shall lie exclu-
sively-in Denton County, Texas.
IN WITNESS-WHEREOF,: the parties_.hereto have caused this agreement to be
signed by their proper.corporate officers as first_'above specified,; and
have caused their proper corporate seal to be hereto 'affixedthe day and..
year first above written.
CITY OF DENTON
-BY:-
G. 'Chris Hartung'
City Manager `
ATTEST:.
City Secretary
~~~~a nzy' _ NORTH TEXAS' COMMISSION `
Worth M: Blake
President
ATTEST: - ;
Jo F eld Scovell
Secretary
APPROVED AS TO FORM AND LEGALITY:"
Hal Thorne
General.Counsel .
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