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24-078ORDINANCE NO. 24-078 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A CONTRACT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE, AMENDING THE CONTRACT APPROVED BY THE CITY COUNCE ON SEPTEMBER 27, 2022 AND EXTENDED THROUGH SEPTEMBER 30, 2024 BY CONSENT OF BOTH PARTIES, IN THE NOT TO EXCEED AMOUNT OF $125,000, SAID FIRST AMENDMENT TO PROVIDE ADDITIONAL FUNDING TO PROVEDE FOR A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (.PROVIDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $25,000, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $150,000) WHEREAS, as authorized by Ordinance 22-1641, the City of Denton (“City”) and the Denton Chamber of Commerce (“Chamber“) entered into an economic development program agreement on September 27, 2022 for the purpose of providing for a program to promote economic development through joint efforts (the “Agreement”); and WHEREAS, on October 30, 2023, by mutual agreement, the City and Chamber approved an extension of the Agreement through September 30, 2024 by the extension letter attached hereto as Exhibit “A”; and WHEREAS, the City deems it is in the public interest and serves a municipal and public purpose to amend the Agreement by including a work plan for the Chamber Office of Economic Development for Fiscal Year 2023-2024 that updates and replaces the previously approved responsibilities to better align with the goals and mission of each organization, and provides additional funding therefor; and WHEREAS, the City and the Chamber’s program to promote economic development supports the City’s economic development strategic initiatives; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1.The findings and recitations contained in the preamble of this ordinance are found to be true and are incorporated herein by reference. SECTION 2. The City Council finds that the First Amendment to the Economic Development Program Agreement between the City and the Chamber attached hereto as Exhibit “B” and made a part hereof by reference (the “Amendment 1 to the Agreement”) serves a valid municipal and public purpose and is in the public interest. SECTION 3. The City Manager or their designee is hereby authorized to execute Amendment 1 to 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 as amended, including authorization for the expenditure of funds provided for in the Agreement. SECTION 4. This Ordinance shall become effective upon its passage and approval. secondeT£y"J= th’JT::Sthi= ''di"’"" "” TI, T,dill,r,'\;! pIeTy;p.,,,d’# the following vote LI - n : Aye J J J J Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6:y PASSED AND APPROVED this the 6 tkday of febrUArY . 2024 GERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY L\\ StIll IIII APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY g/%- iF}]:?:BY. C-'/ 14:52:56-06'OO' Page 2 DocuSign Envelope ID: AA01CAC4-AIBE-42F3-A7E7-BAB9CE63C58C Exhibit A - Extension Letter City Manager’s Office 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 DENTON DATE :October 30, 2023 I () : FROM: Erin Carter, Denton Chamber of Commerce, Chamber President Christine Taylor, City of Denton, Assistant City Manager SUBJECT:Extension of Denton Chamber of Commerce Mrs. Carter, As we continue to work on amending the existing partnership agreement to realign duties, revise the work plan, and add additional funding related to current market conditions for the vacant program position, I am in support of extending the term, per the executed agreement. City of Denton Ordinance 22-1641 authorized the City Manager or their designee to execute an agreement with the Denton Chamber of Commerce for a program to promote economic development. The current agreement is effective from October 1, 2022, through September 30, 2023, and allows for renewal and extension for one additional one-year term with written consent and authorization of both parties. The City of Denton agrees to your request for a one-year extension. This letter serves as confirmation of the approval for a one-year extension and establishes a new termination date of September 30, 2024. The reporting requirements will remain the same for the additional one-year period Sincerely, DocuSigned by: I c"„„ %@2B3E02ECE3184D8 Christine Taylor Assistant City Manager AGREED TO BY THE DENTON CHAMBER OF COMMERCE Erin Cart-ar, President OUR CORE VALUES Inclusion • Fiscal Responsibility • Strategic Focus • Quality Service DocuSign Envelope ID: AA01CAC4-AIBE42F3-A7E7-BAB9CE63C58C City Manager’s Office 215 E. McKinney St., Denton, TX 76201 • (940) 34MDENTON October 30, 2023 Jesse Salazar City Secretary City of Denton 215 E. McKinney Street Denton, Texas 76201 Dear Mr. Salazar: I am providing this letter as my official delegation of signature authority for the Economic Development Program Agreement Extension with the Denton Chamber of Commerce. Pursuant to the authority granted to me as the City Manager under The City of Denton adopted Ordinances 22- 1641 on September 27, 2022. 1 delegate to the City Officials serving in the Assistant City Manager capacity for the City of Denton. Sincerely Sara Hensley City Manager OUR CORE VALUES Inclusion • Collaboration • Quality Service • Strategic Focus • Fiscal Responsibility ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 Exhibit B ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE AMENDMENT 1 to Agreement This Amendment 1 to Agreement is made by and between the City of Denton (the “City”) and the Denton Chamber of Commerce (the “Chamber”). WHEREAS, as authorized by Ordinance 22-1641, the City and the Chamber entered into an Economic Development Program Agreement on September 27, 2022 for the purpose of providing for a program to promote economic development through joint efforts (the “Agreement”); and WHEREAS, on October 30, 2023, by mutual agreement, the City and Chamber approved an extension of the Agreement through September 30, 2024; and WHEREAS, the City and the Chamber desire to amend the Agreement by including a budget and work plan for the Chamber Office of Economic Development for Fiscal Year 2023- 2024 that updates the previously approved responsibilities to better align with the goals and mission of each organization, and provides additional funding therefor; and WHEREAS, the City and the Chamber’s program to promote economic development supports the City’s economic development strategic initiatives; NOW THEREFORE, in consideration of good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the City and Subrecipient agree as follows: 1.The following paragraph is added to Section C of the Agreement: “For Fiscal Year 2023-24, the City shall provide funding in the amount of $150,000. The City shall provide $62,500 on or before February 29, 2024, which may be funded from the General Fund, Utilities Funds, or some combination thereof. The additional $87,500 will be provided through a lump sum payment by March 31, 2024, provided the Chamber performs all of its quarterly obligations for the first quarter of 2024 as provided in the Economic Development Work Plan attached hereto and incorporated herein by reference as Exhibit B. The balance of any unused City funds shall be returned to the City at the end of the City’s fiscal year on September 30, 2024.” 2.Section D of the Agreement is stricken in its entirety and replaced with the following: Amendment 1 to Economic Development Program Agreement “D.Use of City Funds and Scope of Work. As a condition of the receipt of City funds, the Chamber hereby agrees to use and expend all funds pursuant to: 1. All applicable federal, state, and local laws; 2. The Chamber’s proposed Fiscal Year 2022-2023 and 2023-2024 budgets for the Office attached hereto and incorporated by reference as Exhibit A; and 3. The agreed upon scope of work as outlined in the 2022-2023 and 2023-2024 Economic Development Work Plans attached hereto and incorporated by reference as Exhibit B i. The parties agree that the attached 2022-2023 and 2023-2024 Economic Development Work Plans are planning tools, and the City and the Chamber reserve the right to revise the Work Plans with written consent of both parties.” 3.Section E of the Agreement is stricken in its entirety and replaced with the following: “E.Reporting Requirements. The Chamber shall provide written reports to the City as follows: 1.A copy of the Chamber’s Profit and Loss Budget Performance Statement shall be provided to the City’s Director of Economic Development or Assistant City Manager quarterly for the periods ending December 31, 2022; March 3 1, 2023 ; June 30, 2023; September 30, 2023; December 3 1, 2023; March 3 1, 2024; June 30, 2024; and September 30, 2024 A copy of the Chamber’s annual audited financial reports within 6 months of the end of the Chamber’s fiscal year shall be provided to the City’s Director of Economic Development or Assistant City Manager; A copy of the Chamber’s most recent annual Form 990 shall be provided to the City’s Director of Economic Development or Assistant City Manager; An informal monthly progress report that includes information, status, and updates on the goals, metrics, key activities, and deliverables as established in the 2022-2023 and 2023-2024 Economic Development Work Plans shall be provided to the City’s Director of Economic Development or Assistant City Manager; and A formal quarterly report, based on fiscal quarters ending December 3 1, 2022, March 31, 2023, June 30, 2023, and September 30, 2023; December 31, 2023, March 31, 2024, June 30, 2024, and September 30, 2024, will be provided to the City’s Director of Economic Development or Assistant City Manager to be delivered to the City Council, City Manager, Economic Development Partnership Board, and other relevant stakeholders as needed. Comprehensive annual reports and presentations that include information, status, and updates on the goals, metrics, key activities, and deliverables as 2. 3. 4. 5. 6. Amendment 1 to Economic Development Program Agreement 2 established in the 2022-2023 and 2023-2024 Economic Development Work Plans shall be provided to the City Council by November 31, 2022 and March 31, 2024, respectively.” 4. In Section F of the Agreement, all references to the “2022-2023 Economic Development Work Plan” are hereby replaced with references to the “2022-2023 and 2023-2024 Economic Development Work Plans.” 5. Exhibit A of the Agreement is amended by adding the FY 2023-2024 Economic Development Budget attached hereto as Exhibit A. 6. Exhibit B of the Agreement is amended by adding the FY 2023-2024 Economic Development Work Plan attached hereto as Exhibit B . 7. All other provisions, terms, covenants, duties, rights, obligations, and agreements contained in the Agreement shall remain in full force and effect. 8. This Amendment 1 to Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. [Signature page follows] Amendment 1 to Economic Development Program Agreement IN WITNESS WHEREOF, the parties hereto have executed this Amendment Agreement as of the 6 fh day of a brv-.r V , 2024. 1 to CITY OF D - q SARA HENSC DENTON CHAMBER OF COMMERCE BY: CITY MANAGER ERIN CARTER PRESIDENT p\\:LIIII LI I ATTEST: JESUS SALAZAR. CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED g/% ;F=:6,oo, as to financial and operational BY: obligations and business terms Signature Title Department Amendment 1 to Economic Development Program Agreement EXHIBIT “A” FY 2023-2024 Economic Development Budget Amendment 1 to Economic Development Program Agreement A-1 Sf bebeORrr\1 be 10 R R R R R a RIBtO N N tO b Pl 001 qFqr tO 1 ff) (\1 001 qr R R R R R R RIPLa FI art qr qr Cn in 1 qrNIT-I N (Y) IT-I bebeLr10RIOnIT-I a 11 10 OLDOhOrILaN-(N F{ 00 1(HI N at Ln to cq q qINqr to LORI oo - chI ob R-jIb b + 100pT hi CrT fri Fil ofn jtD O tO fr) b pI Ln COl FILn Ln art cr) a) a) nII LnLn ' + x-l rd IOT-i M 1 lui r\lotOOcaLf) T-FN- a gig 000000O-LriLr)bT-IPI a0a LdNon o o o o h o mIoq O N O Ln O to loOst st b x-1 Ln cri Ol Lnq- Lrt q- b- fri1 Lr;o d d IOd jn,I o o o o o o oloLn O O O 6 Lb 616to o ab o G b hILON- aT prT-i IT-iN lqr 0000stLFlOID: ! !! 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Foster Growth Strategic Growth Area 2A. Connected Denton Strategy 2A.2 Attract New Investment b 'okers, loca industl and business 2A.2 FY 23-24 Work Plan Items: Chamber Lead • Host quarterly forums with developers, brokers, and prospective companies. • Create impact annual report that demonstrates the value of corporate community investment. Present to five community organizations about the value of economic development, Host and entertain up to 20 companies who visit Denton for expansion or relocation. Conduct 3-4 business retention visits per month. City Lead Design and produce promotional materials for distribution to prospective companies educational advantages. • Directly engage 20 developers or companies considering Denton as an option for expansion. • Meet with 10 developers who are not in Denton who have created spec office space or creative infill development in other areas of the state • Maintain City-funded CRM system to track all leads. Joint Lead • Create a presentation highlighting Denton’s assets for use on site visits and meetings with prospective companies. • Represent Denton in DFW Marketing Team and in business attraction efforts of Dallas Regional Chamber & Fort Worth Chamber. e Strategic Growth Area 2A. Connected Denton Strategy 2A.3 Westpark Industrial Park • • • • Create three one-pagers highlighting Denton's workforce assets, sustainability efforts, and • 2A.3 FY 23.24 Work Plan Items Chamber Lead • Meet with 5 spec industrial property managers to address vacancy concerns. City Lead • Review brochures of active commercial properties to ensure accuracy of local demographics and information. Maintain and update database of industrial properties, including off-market assets Distribute available land options identified by the City's Real Estate department to Denton developer networks. Relationship to Strategic Plan • • Goal 2. Foster Growth Strategic Growth Area 2D. Competitive Denton Strategy 2D.3 Professional Office Space 2D.3 FY 23-24 Work Plan Items Chamber Lead • Meet with 5 spec industrial property managers to address vacancy concerns. Amendment 1 to Economic Development Program Agreement B-2 City Lead Serve as primary point-of-contact for developers and commercial brokers seeking data and• information as it relates to marketing materials Relationship to Strategic Plan Goal 2. Foster Growth Strategic Growth Area 2B. Creative Denton Strate:2B.6 Promoting Denton’s Creative Brand 2D.3 FY 23-24 Work Plan Items Chamber Lead Share 12 business success stories on EDP social media• Create a shared social media calendar and track engagement metrics• Maintain EDP social media by posting every other week with relevant content and track• engagement City Lead Develop and implement a social media marketing plan• Focus Area: Business Recruitment & Attraction- Site Visits, Tours, & Meet with Business Leaders e Strategic Growth Area 2A. Connected Denton Strategy 2A.2 Attract New Investment 2A.2 FY 23-24 Work Plan Items Chamber Lead Engage 10 companies that have relocated to Denton in the past two years to identify ways they can be more involved in the community and the City can be more competitive. Engage 40 existing businesses representing Competitive, Connected, Creative, and Sustainable sectors to identify expansion opportunities. City Lead Respond and track all RFls received from various sources on projects that meet strategic need of Denton and include developments that are attractive and desirable for community Re/af/onsh Wo Strategic Growth Area 2A. Connected Denton Strategy 2A.3 Westpark Industrial Park • • • 2A.3 FY 23.24 Work Plan Items City Lead Track all leads and RFls responded to, including industry type, potential investment, number of jobs, strategic growth area, source, and consistently update status in tracking system. Joint Lead Hold monthly recruitment meetings to review received leads/submitted projects and discuss opportunities, challenges, and how to improve responses. e • • Strategic Growth Area 2B. Creative Denton Strategy 2B.5 Recruit Growing Startups 2B.5 FY 23-24 Work Plan Items Chamber Lead Amendment 1 to Economic Development Program Agreement B-3 Create a quarterly industrial roundtable to engage supply chain and manufacturing companies in the community, Work cooperatively with Stoke to include messaging that would attract startups in EDP digital marketing. Include startup resources in EDP website. • • City Lead Include tech companies in City-funded lead tracking system.• Focus Area: Business to Business Networki Relationship to Strategic Plan Goal 2. Fostering Growth Strategic Growth Area 2B. Creative Denton Strategy 2B.1 Champion & Convene FY 23-24 Work Plan Items Chamber Lead Promote quarterly industry-specific networking events to business community• Development of an ind -specific contact database accessible to all partners• Focus Area: Business Training/Education, Private Investor Relations, and SBDC Relationship to Strategic Plan Mw,nity Inclusion Strategy 3.1 Workforce Collaborative FY 23-24 Work Plan Items Chamber Lead Work with other business support organizations to engage and promote training programs• and available resources Maintain local SBDC office through Chamber and actively promote SBDC resources• Build and maintain relationships on behalf of the business community with UNT, TWU, and• NCTC Career Centers to ensure local talent pipelines Reoccurring Meetings and Presentations 1. 2. Weekly meetings between City Director of Economic Development and Chamber Director of Strategic Partnerships Monthly meetings of Economic Development Work Group to report on/discuss: a. Strategic Plan Implementation (led by City Director of Economic Development) b. Business Recruitment & Attraction (led by City Business Development Administrator) c. Business Retention & Expansion (led by Chamber VP of Economic Development) d. Marketing e. Business resources and training f. Workforce & Talent Development g. New initiatives and programs Amendment 1 to Economic Development Program Agreement B-4 3. Quarterly reports delivered to EDPB, City Council, and Chamber Board of Directors a. 1 consolidated report of economic development activities 4. Annual joint presentation to City Council Amendment 1 to Economic Development Program Agreement B-5