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18-1159ORDINANCE NO. 1$-11 S 9 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE DENTON CHAMBER OF COMMERCE REGARDING AN ECONOMIC DEVELOPMENT PARTNERSHIP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton ("City") deems it is in the public interest and serves a municipal and public purpose to enter into an agreement with 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; and WHEREAS, both the City and the Chamber's program to promote economic development supports the following strategic initiatives: increasing the percentage of jobs paying $75,000 or more annually from 10 to 14 percent by 2021; increasing the percentage of jobs paying $25,000 or more from 68 to 71 percent by 2021; and increasing the percentage of business owners rating Denton as a good place to do business from 60 to 70 percent by 2021; NOW, THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. City Council finds that the Economic Development Program Agreement between the City of Denton and the Denton Chamber of Commerce (the "Agreement") serves a valid municipal and public purpose and is in the public interest. SECTION 2. The Agreement between the City of Denton and the Denton Chamber of Commerce attached hereto and made a part hereof by reference is hereby approved. The Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute the Agreement on behalf of the City of Denton. The City Manager is hereby authorized to carry out the City's rights and duties under the Agreement including authorization for the expenditure of funds provided for in the Agreement. SECTION 3. This Ordinance shall become effective October 1, 2018, upon its passage ..................................,____.. _m_.... and approval, ���� �, 1"T��1'�f �;. The mohon to approve this ordinance was made by �"��� pa�,� ��"`��"���N ���:�'���i�d y �� W� �' � the ordinance was passed and approved by the following seconded b �r'_°�� � �°� � �w � ~ � ��� �;G � . �:w� .........�� ���a���° I �� � 4 � .� � � � Aye Nay Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1: �°' Keely G. Briggs, District 2: "` .� `�.�...._.. � _.....� _� Don Duff, District 3: �°°"' John Ryan, District 4: ����°°"" Deb Armintor, At Laxge Place 5; �� °° Paul Meltzer, At Large Place 6: _'��' PASSED AND APPROVED this the �� ����� da of ��� " u�'�w�°�'� ���"�� � , 2018. W �� �"� " Y � ...... � � � ���� � �� ��� � � �� �� $,, �.ry," � 1 � W�41,.�"�, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY � � �w � � �� �'� �''� � ^` BY: � �'� �" ��� ,� `� �^� � ��� �Wf --�_ � L�� � ����. �..����'��" ! ! 1 1" ' I '. . � ; ! � ! • 1 1; ! . ; � � � � This Agreement is made between the City of Denton, Texas, ("City"} and the Denton Chamber of Commerce ("Chamber"} for the purpose of providing for a program to promote economic development through the joint efforts of the parties hereto, who in consideration of the mutual promises, agree as follows: A. Chamber Office af Econornic Development ("Office"). During the term of this Agreement, the Chamber shall maintain an Office of Economic Development managed by the Vice President of Economic Development, who shall perform the duties of the office. . uties of the ffice. The Chamber shall: 1. ,���r��N��.6 Cv1����1�a��.1vs�� S��I�a��x. Develop an annual comprehensive Marketing Plan and produce print, digital, and pramotional materials to market Denton ta companies, site selectors, brokers, and developers. i. Goals: a. Increase DentonEDP.cam page views by 10% over FY 2017-18; b. Increase unique users on DentonEDP.com by 10% over FY 2017-18; and c. Increase social media engagement on Facebook, LinkedIn, and Twitter by 5% over FY 2017-2018. ii. Deliverables: . , � . . • . . • • - - -' . - T . , � . � � �' " t• ' �. . � i�• � !' . �' � • � � � � � � � .. . ., � •" a. 5trategies/timelines for print and digital ad buys; b. A schedule for maintenance and updates to DentonEDP.com; c. Social media (platforms used, type of content to be posted, and posting schedule); and d. Planned marketing trips. iii. Metrics: The Chamber must provide the following to the City's Director of Econamic Development: a. Monthly Activity Report on DentonEDP.com, including a page view summary, top referral sources, and top keyword sources; b. Monthly Facebook Insights Summary Report, including page views, reach, and post engagements; c. Monthly Twitter Activity Summary, including number of tweets and impressions; and 0 • ! . . .• • .. � � ,�� . . .� � ��. •� � ., • � • -. ��-, , . � .. � ., • * - ., • •' • . � . ' ! � � ` � " # � .; • f'; ' �# •� " �� .' '� • � �♦� ' .� �� .� � � �. � .,• ��� � �-.�- !• � � � # : . ' �' � � • • • ♦" � � � � • ' • f � � � � � �� -'; • � " � • •-' � �f" • ! • !, � w ' ' ��` ' # � ' .. � �- , -,. , i. Goal: a. Establish an average of three (3} new contacts per marketing event during FY 2018-19, ii. Deliverables: The Chamber must provide monthly reports to the City's Director of Economic Development detailing the prior month's marketing trips, The Chamber will provide a fiscal year-end report to the City's Directar of Economic Development on the outcomes af the year's marketing trips. iii. Metrics: . . �- � �. . � # * � - � - • � • � �- - �• . . � .�• ' •., � . �. � . ' � +. . �; w � - ! .�- � - �� �' � f��� ��,' - ����� - � �- �. •-' + ,' + - � ', ,�' ,' -� . ., � # ! f •' • . �. � . -+ � � . � • '• ' #'; •� � ' '�•; • ! �' •'I��� •; - • � :♦ ., � • � ��� • � � � . . �; ' •� f � . . f' •� � � - . •�' ' • '�•: # � . � w # _. � . � . . � . + �, . !' � : � � . . ! • . . •' ' /' . . ; � ' * �'; . •' i. Goals: a Forty-two (42} lead responses; and b. Site visits fro seven (7) different co panies in Denton's target industry sectors (as listed in 2b of this Agre�ment). ii. Deliverables: - . �- • � •- ♦ -�• � - � � • ♦ � � �- . �� . •-, , .� � � -.r•�- , 0 iii. Metrics: - ' . .- • � +- . . �� � . �. * � . � � w � I!- - �• . _ � * , � . � ..• � � . , . • . • . � � . � . . . . � . • - • �- - �•- • ,. . � � . , . - --� ,. , . . #� .. '� . . . • • . .: � '• • - � • •�� . � " " � � . �; . . �I 1 .�.'" + � •' � .�� ' � � • •' . •� . � . � , � . .� � !�' . � . � • •. . � . • �' �' ' #'• - �� " • �#+ 1 i. Deliverables: . •- • • �- . .�� � . ; � �. � � - � # • � f- - #• ., r � - � • . � . �. � �. � 5�,������,t f����������;���. Present an update/budget request to the Denton City Council during the City's annual budget process, and include the following with the request: i. Deliverables: ' . �- • � •- -� - '- � . . .. - ' � . . � • . � ' • •, ' ., . � � ! . ' . . � � * . � w - '- � . � • � . ` • #�' � • � . • • ., .. ..' • !�" . �' . • � �. " . •' • ' �' � • * . . . � � �-' ' � ' + �� .: 1 � f + ! • � + • • '• # - . � ;• . � � , �'' � ! . 1 . � ! ! /' " � • "' #. � ! `. •' � 6. C���ra�a.r��ir��,. Provide an accounting of activity to the City af Denton's Director af Economic Development. i. Deliverables: . �. � �' . r � . • w i •;. �. � � . � . . � . • . . �� . � � � -� . . � . . • !'� * " , " # # � � / # ���.'. � � . • • i ! �. .:�• - . � � � � �-" � ! !,' �. - #• . F. ., • . #' • �R + � � . ., � • � ' f -'# � -' . 1' � • !': � `'' •#' • " � • *" ' �• , � •, 1. GOa15; a. Solicit and contribute private sector funds of at least $75,000; and �7 b. Increase total number of Denton Economic Develapment Partnership investors by two (2) over FY 2d17-18. � � �, . . ,; � � �� - . ►���- . �� • ��� � � . _ � . � . . � � . � � •�# . . . . � . ��. , • • . � . �. „ .. 1 i • . , �. . f . � � • . � � ' " � � • , .�' �` ,+�,, ,. .• f' �� � - - �...... . . � � .... . � . �•� � ! ,'� �. .. ... + ' • . ��: ! !' �. � ` f� �. � i i i !�� .. � ��'�.... �:�'� •�.... . :� . ....... �.• ' 1 ��.. ! � ,.... � ....• •.�:*� '�'�'*:�. ' • t . � `� #� • ' f • r • ." � ... � � �� ' � �. • - • #. ., � . .' �. .. �' ". � •:�� �"#� • �.' ....�.� '�, �;..* .. ...... .....+ •." ' � ��'� .. � .��� �' �' . �'. • �'� .� ,..# -. �..,�. �. . .. � '��•, � � . �'1 F � �`. ..�: �.' . . . < <� � �:� ,� � " � � " #� � ��'�• �. � � �., . ' r l...' • �' . �.,. - ..� .�,.� . [ • � � ^. �. � � �; �� � �r . ��. �� ' "' � ' • • ..... 1 • •....- � ' � . • " � �' . ' � � ' . .,. • .,.. ...:..�' �'��� ...�, .....� •�." � � •' .:# � •�: � •...' • '. � • � . `.'� ♦�...•�.". . � ' #' � � • . � . � .. , . ; � � •' ; . � � ' 1 � � . I1 ; � �,� � � , � � ; . . � . •� �- . • . . � . • # � � � . •- • . •� � ' • ' � - . •' • �' '# . � -. � ;, � . . •. • • � . . . �� . •- - � r - � - � � - ; * . �� - - # �� ,� . , � �� . � _ � . _ � , , _ • , . • � � + •. . � �. � . � . r w . - . - . • � •-• r .�• .� � . . • . �. • w • , s � . . � - . •- . . . •r - � . - � - • . � w : , , . . . .� � - w ' . , , � r � _ , * . . �� . ; ��t -� � � - .' ♦ �; w . � . . . •. � �-. •• r - - .-w . - � , . .���� . , .�� . -. � .� .� .� � _ . �� � .:�.. _ � + . . . - . . +� � - .*. � . . . �� •- • • �.r � - ` r �- '• � - � � � � �- . �• . 1 • i � ' 1 1 1 1 . 1 � 1,; , . � R ' ,,,. 1 .:, '� � :: � .... .. . ■ a � :, � ,,, , � . ... � •�.. �:, ♦. � . , � � i R � � a � � � , � � � , , I I . � � ■ � � : � , : • � • � • � � . ► � � �:: .� �,� �, ,���, ��. , � . � �.�► . �, , . ► • � � ' �' 1 . . , � . �; � , ! 1 , 1 • !' G. Term af Agreement. This Agreement shall be effective frorn Octaber 1, 2018, through September 30, 2019. 0 H. Termination. Either party may terminate this Agreement by giving written notice to the other party thirty (30) days in advance of the termination date, in which case any unexpended funds provided by the City shall be returned to the City within fifteen (15) days from the date the written notice is mailed to the Chamber, If the Chamber fails to meet the deliverables or metrics required under this Agreement, and it results in termination of the Agreement by the City, then the Chamber will not be eligible for any future funding from the City for a one (1) year period. I. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may only be modified by the subsequent mutual written agreement executed by the City and the Chamber. J. Waiver. Any waiver by the City of any provision or condition of this Agreement shall not be construed to be a waiver of any other provisions or conditions of this Agreement. K. Governing Law. This Agreement shall be governed by the laws of the State of Texas. The City expressly does not waive any defenses to any claims of any sort by virtue of this Agreement, including its Sovereign Immunity, and states that this is an economic incentive only and not subject to the provisions of Chapter 271 Tex. Loc, Gov't Code, Subchapter I. L. Severability. Should any provision of this Agreement be adjudged illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity of enforceability of the Agreement as a whole or any sections, subsections, sentences, or clauses herein. EXECUTED this the � day of !�� ��� �� �� ,w��° y¢;.� µ, 2018. �,���: CITY,,�� DI{;�J q �)� �� �; � ��„� M� , ��m � ��",� ..... ��� ---..... __...._... �, � [ � � �� 1 � W h�TTS, MAYOR 7 ATTEST: JENNIFER WALTERS, CITY SECRETARY : THIS A�.������� l°���::%�°�1� HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. � � � � � ��` � ���� Y � �� ' . � � �� � � � �,���,,. _�,�,,. . . .. . .. .. , _. Signature ���� � �.�� ��� � � � � � � ��� �„ � � ��,�� � ,,...� � .. ., , � � . �---- ---- ---._._ _ �. . .. .� .................__:. ��. Title ���. � � �,� �..�� ��„ ,�'F � ��� � � � ���� �� �,., �n ---._ � , Department Date Signed �__ � °"� � �-�� m APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY I�� � BY: �,� �� �� `,�"`�,� ------._ _ . � ..... ..... � �. � ----- w. DENTON CHAMBER OF COMMERCE � � � B "�� ��� � y����._ ����� �..�... � � M �. Its: � « � ��� � � �,� �,�„�� re�!�'��,��;„,�„�,,,,�,,,,,,,,,,,,,, Attachment A r= . � � � 1 � ' 1 '' ! � Withoul li�niting any af t/ze other obligations or liabilities of lhe Chamber, the Chamber shall provicte and mainlain until the agreement has been terminated, tlze minimum insurance coverage as indicated hereinafter. All insurance policies proposed or obtarned in satisfactzon of these requirements shall comply wit/a the following general specifications, and shall be maintained in correpliance with these general specifications throug/iout t/ze duralion of t/ie Contract, or longer, if sa noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better. Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the Chamber shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. � That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Provide a Waiver of Subrogation in favor of the City of Denton, its off�cials, agents, employees, and volunteers. � Cancellation: City requires 30 day writterc notrce shoul�l any of the policies describe�t on t/ze certificate be cancelled or materially changed before the expiratian ctate. • Should any of the required insurance be provided under a claims made form, Chamber shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Chamber shall either double the occurrence limits or obtain Owners and Chambers Protective Liability Insurance. � Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, � ' � � ` � � ' � ' � ., � ,, . . . * � .� � . � � .�, ' . i I � ' ' a , ! All insurance policies proposed or obtained in satisfaction of this Contract shall adciitionally comply with the following marked specifrcations, and shall be rreaintained in compliance with t/zese additional specificalions throughout the duration of the Contract, or longer, rf so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than ,��„�CI����(�p�.�l('l shall be provided and maintained by the Chamber. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. � Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form properly damage liability. [X] Automobile Liability Insurance: Chamber shall provide Commercial Automobile Liability insurance with Combined Single Lirnits (CSL) of not less than '���►����C}fl�) either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and properly damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or � all owned, hired, and non-owned autos. 10