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22-41022-410ORDINANCE NO. AN ORD[NANCE BY THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENTWITH TEXAS MUSIC OFFICE WITHIN THE OFFICE OF THE GOVERNOR FORMAINTENANCE OF THE TEXAS MUSIC INDUSTRY DIRECTORY; PROVIDING ANEFFECTIVE DATE. WHEREAS, the attached Memorandum of Understanding (the “Agreement”) between’the City of Denton and the Texas Music Office within the Office of the Governor provides formaintenance of the Texas Music Industry Directory under the Texas Music Friendly Community program (the “Program”); and WHEREAS, the Agreement specifies the conditions and responsibilities of the City and the Office of the Governor under the Program; and WHEREAS, the City of Denton and the Texas Music Office within the Office of the Governor wish to cooperate and enter into the Agreement for maintenance of the Texas Music Industry Directory; and WHEREAS, the City Council of the City of Denton finds that the Agreement is in the best interests of the citizens of the City of Denton, and that a valid governmental public purpose would be served by entering into the Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The Agreement with Texas Music Office within the Office of the Governor, relating to maintenance of the Texas Music Industry Directory, attached hereto and made a part hereof by reference, is hereby approved. SECTION 2: The City Manager or her designee is hereby authorized to execute on behalf of the City of Denton the Agreement and to administer the terms of the Agreement. SECTION 3: This Ordinance shall become effective immediately upon its passage and approval. Th, m,ti,„ t, ,pp,o„ thi, O,din,nee was made by J',s„ D'--is and seconded by B r :hA Bcc IC ; this Ordinance was passed and approved bythe following vote U -U :Aye Nay Abstain Absent Mayor Gerard Hudspeth:,/ Vicki Byrd, District 1 :\/ V‘ VBrian Beck, District 2: Jesse Davis, District 3 : Alison Maguire, District 4:J ,'/ L/ Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the 1 s+ day of [/ I IEp f 1C h ' 2022. RY \111111111 q: ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY Digitally signed by Scott BrayDate: 2022.02.23 12:3a:12 46'OO' SaMbFBY: MEMORANDUM OF UNDERSTANDING BETWEEN THE TEXAS MUSIC OFFICE WITHIN THE OFFICE OF THE GOVERNOR AND THE CITY OF DENTON FOR MAINTENANCE OF THE TEXAS MUSIC INDUSTRY DIRECTORY This Memorandum of Understanding (“MOU”) for ongoing maintenance of the Denton dataset of the Texas Music Directory is entered into by and between the Texas Music Office within the Office of the Governor (“OOG”) and the City of Denton (“City”). The OOG and City shall be referred to collectively asthe “Parties.” 1. PURPOSE The purpose of the MOU is to document the responsibilities of the Parties for export and maintenance of the Denton dataset within the Texas Music Industry Directory (the “Directory”). The Directory consists of listings of recording studios, music venues, booking agents, producers, musicians, and other music businesses and is published on the State-owned and managed website, TexasMusicOffice.com. The Directory will be matched and updated from the correlating City-owned dataset of Denton-area music businesses with the (940) area code. This MOU encourages mutual cooperation of the Parties to maintain the accuracy of the information within the Denton dataset to help the OOG meet its legislative mandate of promoting the development of the music industry in Texas by informing members of that industry and the public about the resources available in the state for music production. Additional information on the websites, dataset format, and the primary contacts assigned to maintain those datasets are described in this MOU. In addition, this MOU permits the City to use information exported from the Directory to create and maintain a Denton Music Industry dataset to promote the development of the Denton music industry. The Parties, in consideration of the mutual covenants and agreements to be performed as set forth in this MOU, agree as follows: II. TERM Upon execution by the Parties, this MOU shall commence effective upon the signature of the last Party to sign this MOU (“Effective Date”), and shall remain in effect for a period of one year, unless extended by option of the Parties or terminated earlier pursuant to the terms of this MOU. This MOU may be extended by agreement of the Parties in any increment of months, for up to thirty-six (36) months. III. SCOPE The Denton dataset will be exchanged between the Parties twice a year. Both Parties shall have the ability to receive updated dataset information from the other Party. Maintenance includes the exporting, updating and monitoring of the Denton dataset of the Directory. The Parties will cooperate in good faith at all times to comply with all applicable laws. The Parties shall cooperate when developing priorities and MEMORANDUM OF UNDERSTANDING- TEXAS MUSIC DIRECTORY MA[NTENANCE Page 1 performing maintenance activities with respect to the Denton dataset, and will share information to create a more accurate Texas Music Industry Directory for the mutual benefit of both Parties. The Parties shall identify primary contacts for all ongoing correspondence and communication related to this MOU. Requests for the twice-a-year export of the dataset and questions about information within the dataset will be managed by these contacts. The Parties acknowledge that the directory is a priority and agree to dedicate staff time as necessary to perform the tasks required to ensure proper maintenance of the Denton dataset of the Directory. TV. MANAGING PARTIES CITY OF DENTONECONOMIC DEVELOPMENT DEPARTMENT TEXAS MUSIC OFFICE WITHIN THEOFFICE OF THE GOVERNOR Christina Davis Economic Development Specialist Economic Development Department401 N. Elm Street Denton, Texas 76201 (940) 349-7730 Christina.Davis@cityofdenton.com Brendon AnthonyDivision Director Texas Music Office 1100 San Jacinto Boulevard Austin, Texas 78701 (5 12) 284- 1999 brendon.anthony@gov.texas.gov V. OOG RESPONSIBILITIES The OOG shall undertake the following activities during the term of the MOU term: 1.Export the current Denton Music Industry dataset twice annually during the months of January and July as an Excel spreadsheet or tab-delimited file. The dataset includes and is limited to: business name, business sort code (how the business is sorted alphabetically), business address, business phone number, contact name & contact job title, business email address, business website URL, genre businesses work within, business category, year business was established, and a business description. The OOG contact will then email an Excel spreadsheet and/or tab-delimited file of the export to the City so that the City may create a Denton Music Industry dataset to be published on the City’s website, and so that the City may research the accuracy of the dataset. 2 Ensure that the City is kept aware of any website changes that may affect the Denton database. 3. Establish and maintain communication with businesses in the Texas Music Industry Directory to assist in the updating of the current listings as necessary. VI. CITY RESPONSIBILITIES The City shall undertake the following activities during the term of the MOU term: 1. Assist the OOG in maintaining the Denton Music Industry dataset, located at: https://gov.texas.gov/apps/music/directory/results/All/p 1 /city/denton 2.Review and update where possible all exported entries within the Denton Music Industry dataset. MEMORANDUM OF UNDERSTANDING- TEXAS MUSIC DIRECTORY MAINTENANCE Page 2 3. Update and export the Denton dataset twice annually during the months of January and July, to be sent to the OOG for update of the online Directory within 3 months of receiving the exported dataset from the OOG. 4. Promote public awareness of the Denton Music Industry dataset and encourage utilization by industry members. VII. TEXAS PUBLIC INFORMATION ACT The exchange of information by the Parties is not a release of information to the general public, but rather a transfer of records for an official purpose. Notwithstanding any provisions of this MOU, the Parties acknowledge that they are subject to the Texas Public Information Act, Texas Government Code Chapter 552 (the “PIA”), and that this MOU and any information created or exchanged in connection with this MOU is subject to the PIA. The Parties agree to notify each other in writing within a reasonable time from receipt of a request for information covering the subject matter of this MOU. The OOG, in consultation with the City, will make a determination whether to submit a request received by the OOG for a ruling under the PIA to the Attorney General. VIII. AMENDMENT This MOU may be amended only upon written agreement signed by the Parties. IX. TERMINATION The Parties understand that participation in this MOU is voluntary and may be terminated by either Party by giving thirty (30) days’ written notice to the other Party of its intention to terminate. Within a reasonable time prior to the final termination of this MOU, the Parties will cooperate with each other to ensure that each Party receives the most current Denton Music Industry dataset. X. COSTS Each Party will bear its own costs in performing its obligations under this MOU. SIGNATORIES. IN WITNESS WHEREOF, the Parties have executed this MOU as of theEffective Date stated above. CITY OF DENTON TEXAS MUSIC OFFICE,OFFICE OF THE GOVERNOR SARA HENSLEY, INTERIM CITY MANAGER CHIEF OF STAFF OR DESIGNEE DATE DATE MEMORANDUM OF UNDERSTANDING- TEXAS MUSIC DIRECTORY MAINTENANCE Page 3