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
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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
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Aye Nay Abstain Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1: �°'
Keely G. Briggs, District 2: "`
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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.
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ATTEST;
JENNIFER WALTERS, CITY SECRETARY
:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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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:
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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
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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:
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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:
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iii. Metrics:
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i. Deliverables:
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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:
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6. C���ra�a.r��ir��,. Provide an accounting of activity to the City af Denton's Director af Economic
Development.
i. Deliverables:
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1. GOa15;
a. Solicit and contribute private sector funds of at least $75,000; and
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b. Increase total number of Denton Economic Develapment Partnership investors by two (2)
over FY 2d17-18.
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G. Term af Agreement. This Agreement shall be effective frorn Octaber 1, 2018, through
September 30, 2019.
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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.
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CITY,,�� DI{;�J q �)�
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
THIS A�.������� l°���::%�°�1� HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations and business terms.
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Signature
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Title
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Department
Date Signed �__ � °"� � �-�� m
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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BY: �,� �� �� `,�"`�,�
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DENTON CHAMBER OF COMMERCE
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Attachment A
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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,
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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.
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