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1999-458 NOTE' Amended by Ordinance No 2001-001 ORDINANCE NO ~- ~ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE DENTON COUNTY HISTORICAL COMMISSION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Tex Tax Code §351 101(a) anthonzes the City of Denton, Texas to use revenue from ~ts mummpal hotel occupancy tax to promote tounsm and the convention and hotel ~ndustry by advertmmg and conducting sohc~tat~ons and promouonal programs to attract tounsts and convention delegates or registrants to the mumc~pahty or ns V~Clmty, as well as to engage m h~stoncal restoration and preservaUon projects and activities and advert~mng and conducUng sohc~tatlons and promotional programs to encourage tounsts and convention delegates to wmt preserved lustonc sites and museums, and WHEREAS, the County of Denton, Texas m well eqmpped to perform those act~wtles by its operation of the Denton County Hmtoncal CommlSmOn, and WHEREAS, Tex Tax Code §351 101(c) authonzes the City of Denton, Texas to delegate by contract w~th the County of Denton, Texas, as a governmental entity, the management and supervlmon of programs and activities of the type described heremabove funded w~th revenue from the mumc~pal hotel occupancy tax, and WHEREAS, both the C~ty of Denton, Texas and the County of Denton, Texas have a secondary source of authority to enter ~nto an ~nterlocal cooperation agreement, pursuant to Chapter 791 of the Texas Government Code, as the agreement ~s authonzed by both governmental bodies, the agreement states the purpose, terms, rights, and duties of the conlract~ng part~es, the conmderatlon ~s being prod by C~ty of Denton, Texas out of current revenues, the compensation m fmr, and the services to be performed are "museum services" authorized under §791 003(3)(F) of the Texas Government Code, wluch each party m authorized to perform ~nd~wdually, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS CT.S._E. uQ~.Q_~ That the Mayor m hereby authorized to execute an agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue ~n support of the Denton County H~stoncal CommmslOn, under the terms and conditions contmned in the agreement, a copy of which ~s attached hereto and made a part hereof ~ That this ordinance shall become effective ~mmedmtely upon Its passage and approval PASSEDANDAPPROVEDthlsthe 7~--~ dayof ~ ., 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM PAGE 2 AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY, TEXAS (DENTON COUNTY HISTORICAL COMMISSION) (CY2000) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the C~ty of Denton, Texas, a murnc~pal corporation (the "CITY"), and County of Denton, Texas, a governmental enttty ex~st~ng under the laws of the State of Texas, contracting on behalf of 1ts Denton County H~stoncal Conumss~on (collectively, the "DCHC") WHEREAS, Tex Tax Code §351 002 anthonzes the CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration paid by a hotel occupant, and WHEREAS, by orchnance, the CITY has provided for the assessment and collection of a mumc~pal hotel occupancy tax ~n the City of Denton of seven percent (7%), and WHEREAS, Tex Tax Code §351 101(a) authorizes the CITY to use revenue from ~ts mumcipal hotel occupancy tax to promote tounsm and the convention and hotel industry by advertising and conducting sohc~tatmns and promotional programs to attract tourists and convention delegates or registrants to the mumcIpahty or its vic~mty, as well as to engage ~n lustoncal restoration and preservation projects and act~wties and advertising and conducting sohc~tat~ons and promotional programs to encourage tourists and convention delegates to visit preserved h~stonc s~tes and museums, and WHEREAS, the DCHC ~s well eqmpped to perform those act~vmes, and WHEREAS, Tex Tax Code §351 101(c) anthonzes the CITY to delegate by contract w~th the DCHC, as a governmental entity, the management and supervision of programs and activities of the type described heremabove funded w~th revenue from the mumcipal hotel occupancy tax, and WHEREAS, both CITY and DCHC have a secondary source of authority to enter ~nto tlus Agreement as an mterlocal cooperation agreement, pursuant to Chapter 791 of the Texas Government Code, as the Agreement ~s authorized by both governmental bothes, the Agreement states the purpose, terms, rights, and duties of the contracting part~es, the consideration is being paid by CITY out of current revenues, the compensation ~s fair, and the services to be performed are "museum serwces" anthonzed under §791 003(3)(F) of the Texas Government Code, wluch each party ~s authorized to perform individually, and WHEREAS, hotel tax funds having prewously been allocated dunng FY98-99 to fund a similar project during CY1999, which was never completed, ~t ~s the intention of the pafaes that DCHC p~'xform the same services pursuant to th~s agreement that ~t would have performed pursuant to the agreement for CY1999, and that these services be performed for the same consideration recited, but not paid, m the CY1999 contract, and it is further the mtentlon of the pames that ti'ns agreement supersede and nulhfy the CY1999 contract NOW, THEREFORE, in cons~deratlon of the performance of the mutual covenants and pronuses contained herein, the CITY and the DCHC agree and contract as follows I HOTEL TAX REVENUE PAYMENT 1 1 Consideration. For and in consideration of the act~wt~es to be performed by the DCHC under flus Agreement, the CITY agrees to pay to the DCHC a portion of the hotel tax revenue collected by the CITY dunng FY98-99 at the rates and in the manner specified herein (such payments by the CITY to the DCHC sometimes herein referred to as the "agreed payments" or "hotel tax funds") 1 2 Amount of Payments. (a) As used m flus Agreement, the following terms shall have the following specific meamngs (0 The term "hotel tax revenue" shall mean the gross momes collected and received by the C~ty as municipal hotel occupancy tax at the rate of seven percent (7%) of the price pand for a room in a hotel, pursuant to Texas Tax Code 351 002 and C~ty Ordinance Hotel tax revenue will ~nclude penalty and interest related to the late payments of the tax revenue by the taxpayer 00 The term "Collection period" will mean the collection period for the CITY's fiscal year 98-99 (in) The term "base payment mount" shall mean a net amount of money equal to the total hotel tax revenue collected by the CITY dunng any relevant period of time (~ e, fiscal year or fiscal quarter), less (1) attorney and auditing costs ~ncurred dunng such relevant penod of t~me for costs of collecUon or auditing of hotel taxpayers Attorney and auditing costs include fees prod to attorneys or agents not in the regular employ of the CITY for wtuch attorneys or agents effect comphance or collection of the hotel tax t~om taxpayers, and (2) court costs and other expenses ~ncurred In htlgatlon against or aurht~ng of such taxpayers 0v) The term "contract quarter" shall refer to any quarter of the calendar year ~n wlmch this A[[reement is ~n force Contract quarters will end on March 31st, June 30th, September 3~', and December 31st of each contract year (b) In return for satisfactory performance of the act~vmes set forth ~n this Agreement and all attachments hereto, the CITY shall pay to DCHC an amount of money m each contract year equal to the fixed contract amount of Th~rty-F~ve Thousand Dollars ($35,000) 1 3 Dater of Payments. (a) CITY shall pay DCHC m a lump sum w~thln thirty (30) days after DCHC prowdes CITY with written notification that it has located a statable site for the kiln project Page 2 1 4 Other limitations regardmg consideration. (a) The funding of flus project in no way commits the CITY to future fumhng of tlus program beyond the current contract period Any future funding is solely the respons~blhty of the DCHC (b) It is expressly understood that tins contract in no way obhgates the General Fund or any other momes or credits of the CITY (c) CITY may withhold further allocations if CITY determines that DCHC's expenditures deviate materially from their approved budget II. USE OF HOTEL TAX REVENUE 2 1 Use of Funds For and tn consideration of the payment by the CITY to the DCHC of the agreed payments of hotel tax funds specified above, the DCHC agrees to use such hotel tax funds only for advemsmg and conducting sohmtat~ons and promotional programs to attract tourists and convention delegates or registrants to the murnclpahty or its Vlclmty, as well as to engage in historical restoraO_on and preserva'aon projects and activities and advertising and conducting sohmtatlons and promotional programs to encourage tourists and conventton delegates to vmlt preserved h~stonc s~tes and museums, as authorized by TEx T^x Cor)E §351 101(a)(3) and (a)(5) Funds for any calendar year which are unused by nudmght December 31st of that year shall be refimded to CITY w~thm thirty (30) days 2.2 Administrative Costs. The hotel tax funds received from the CITY by the DCHC may be spent for day-to-day operations, supphes, salaries, office rental, travel expenses, and other admlmstrat~ve costs that are incurred directly in the performance by the DCHC of those activities specified m ¶2 1 above and are allowed by Tex T^x COl)~ §351 101(f) 2 3 Specific Restrictions on Use of Funds (a) That poraon of total admlmstratave costs of the DCHC for wfueh hotel tax funds may be used shall not exceed that portmn of the DCHC's admmmtratlve costs actually recurred m conducting the acttmtles specified in ¶2 1 above (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which ~s not directly related to the promotion of local tourism and the conventaon and hotel industry or the performance of the person's job in an efficient and professmnal manner Ill RECORDKEEPING AND REPORTING REQUIREMENTS 3 1 Budget. (a) The DCHC shall prepare and submit to the City Manager of the CITY an annual budget (see Exfubat "A") as approved by the City Council for each calendar year, for such operatuons of the DCHC m which the hotel tax funds shall be used by the DCHC This budget shall specifically identify proposed expenrhtures of hotel tax funds by the DCHC In other words, the CITY should Page 3 be able to aurht specffically where the funds ~n the separate account relating to hotel tax funds will be expended The CITY shall not pay to the DCHC any hotel tax revenues as set forth m Sectaon I of tins contract during any fiscal year of ttus Agreement unless a budget for such mspectave fiscal year has been approved m writing by the Denton Caty Counml authorizing the expenditure of funds Fadure to submit an annual budget may be considered a breach of contract, and ~f not remedied ~s considered grounds for termlnataon of this Agreement as stated ~n paragraph 4 2 (b) The DCHC acknowledges that the approval of such budget by the Denton C~ty Councd creates a fiducmry duty ~n the DCHC w~th respect to the hotel tax funds prod by the CITY to the DCHC under tins Agreement The DCHC shall expend hotel tax funds only in the manner and for the purposes specffied m tlus Agreement, TEx T^x CO~)E §351 101(a) and in the budget as approved by the CITY 3 2 Separate Accounts The DCHC shall mamtam any hotel tax funds prod to the DCHC by the CITY ~n a separate bank account w~th segregated accounttng, such that any reasonable person can rewew the source of expenditures of tax funds A bank reconcthatlon report (see Exhibit "B") ~s mqmred wath each quarterly report 3 3 Financial Records. The DCHC shall mamtmn complete and accurate financial records of each expenditure of the hotel tax funds made by the DCHC These funds are reqmred to be classffied as restricted funds for audtted financial purposes, and may not be used for suppo~ng services, including, but not hnnted to, auditing fees and attorney's fees Upon reasonably advance written request of the Denton C~ty Council, the C~ty Manager or designate, or any other person, shall make such fmanmal records avmlable for inspection and rewew by the party making the request DCHC understands and accepts that all such financial records, and any other records relating to tlus Agreement shall be subject to the Pubhc Informataon Act, TEx GOV'T CODE, ch 552, as hereafter amended 3 4 Quarterly Reports W~thm tlurty days after the end of every contract quarter, DCHC shall funnsh to CITY (1) a performance report of the work performed under tlus Agreement describing the actawtaas performed pursuant to this Agreement during that contract quarter, and (2) a hst of the expenthtures made with regard to hotel tax funds pursuant to TEx T^x CODE §351 101(c) Both the performance and expenditure reports wall be m a form e~ther determined or approved by the C~ty Manager or designate (see Exhibit "B") The DCHC shall respond promptly to any request from the C~ty Manager of the CITY, or designate, for add~taonal ~nformataon relatang to the actavltaes performed under th~s Agreement 3 5 Notice of Meetings The DCHC shall g~ve the C~ty Manager of the CITY reasonable advance written notace of the tame and place of all meetangs of DCHC's Board of D~rectors, as well as any other meeting of any constatuency of the DCHC at wbach th~s Agreement or any matter the subject of tlus Agreement shall be considered Tlus provision shall not be deemed to require the DCHC to g~ve notice of any executave session of the Executive Committee of the DCHC IV TERM AND TERMINATION 4 1 Term The term of th~s Agreement shall commence on January 1, 2000 and terminate at m~dmght on December 31, 2000 Tbas term shall be a period of one year Page 4 4 2 Termination Without Cause (a) Tlus Agreement may be tenmnated by c~ther party, wzth or w~thout cause, by gtwng the other party szxty (60) days advance wrntan not,ce (b) In the event tfus contract ~s termznated by e~ther party pursuant to Section 4 2(a), the CITY agrees to rermburse the DCHC for any contractual obhgat~ons of the DCHC undertaken by the DCHC m satisfactory performance of those actlvltzes specified m ¶¶2 1 and 2 2 above and that were approved by the Council through the budget, as noted m ¶3 1 This reimbursement ~s conchtloncd upon such contractual obligations having been incurred and entered into m the good froth performance of those services contemplated in ¶¶2 1 and 2 2 above, and further conditioned upon such contractual obhgatzons hawng a term not exceeding the full term of tlus Agreement Notwtthstandmg any prows~on hereof to the contrary, the obhgat~on of the CITY to reimburse the DCHC or to assume the performance of any contractual obhgatxons of the DCHC for or under any contract entered ~nto by the DCHC as contemplated herem shall not exceed 66 2/3% of the current quarterly payment (c) Further, upon termmatiun pursuant to ¶4 2(a), the DCHC will provide the CITY 1) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remmmng 60 day per~od between termmatlon notification and contract termination Thts budget wzll be presented to Counczl for approval wltlun 10 business days after receipt by CITY If formal approval zs not g~ven within 10 busmess days and the budget does not cont0an any expenditures that would be prohibited by the Texas Tax Code, and ~s w~thm the current euntractual per~od approved budget, the budget w~ll be considered approved, 2) Wtthzn 30 days, a full accounting of all expandztures not prewously audited by the City, 3) Wltlun 5 business days of a request from the CITY, a hstmg of expenditures that have occurred since the last reqmred reporting per~od, 4) a final aecountmg of all expenditures and tax funds on the day of termination The DCHC w~ll be obligated to return any unused funds or funds determined to be used improperly Any use of remmmng funds by the DCI-IC after notzflcatlon of termination is conditioned upon such contractual obhgatlons hawng been ~neurred and entered ~nto m the good faith performance of those services contemplated in 2 1 and 2 2 above, and further conditioned upon such contractual obhgatzons having a term not exceeding the full term of this Agreement 4 3 Automatic Termmation Th~s Agreement shall automattcally terrmnate upon the occurrence of any of the following events (a) The tenmnation of the legal existence of the DCHC, (b) The insolvency of the DCHC, the fihng of a petition in bankruptcy, e~ther voluntarily or mvoluntanly, or an assignment by the DCHC for the benefit of creditors, (c) The continuation of a breach of any of the terms or conditions of th~s Agreement by either the CITY or the DCHC for more than thirty (30) days after wrnten horace of such breach ~s given to the breaching party by the other party, or Page 5 (d) The fmlure of the DCHC to submat a financial quarterly report whach complies with the reporting procedures reqmred hereto and generally accepted accounting pnnclples prior to the begummg of the next contract term, or quarterly as reqmred by Section 1 3 hereof 4 4 Right to Immediate Termination Upon L~t~gatlon. Notw~thstandang any other prows~on of flus Agreement, to mitigate damages and to preserve ewdence and issues for judlcml determmataon, either party shall have the right to tenmnate flus Agreement upon tmmechate notace to the other party m the event that any person has instituted ht~gatlon concerning the activities of the non-terminating party, and the terminating party reasonably beheves that such activities are reqmred or pml~blted under tins Agreement 4.5 In the event that tbas Agreement ~s terminated pursuant to ¶¶4 3 or 4 4, DCHC agrees to refund any and all unused funds, or fimds determined by the CITY to have been used ~mpropefly, within 30 days after termination of th~s Agreement V. GENERAL PROVISIONS 5 1 Subcontract for Performance of Serwees. Nothing m th~s Agreement shall probabit, nor be construed to prohibit, the agreement by the DCHC w~th another private entity, person, or orgam- zatlon for the performance of those services described in ¶2 1 above In the event that the DCHC enters ~nto any arrangement, contractual or otherwise, w~th such other entity, person or orgamzatton, the DCHC shall cause such other entity, person, or organization to adhere to, conform to, and be subJeCt to all provaslons, terms, and conditions ofttus Agreement and to TEx T^x CODE ch 351, including repo~ng reqmrements, separate funds maintenance, and lumtataons and prohibitions pertmmng to expendature of the agreed payments and hotel tax funds 5 2 Independent Contractor. The DCHC shall operate as an ~ndependent contractor as to all servmes to be performed under th~s Agreement and not as an officer, agent, servant, or employee of the CITY The DCHC shall have exelns~ve control of ~ts operations and performance of services hereunder, and such persons, entitles, or organ~zatmns performing the same and the DCHC shall be solely responsible for the acts and omissions of its chrectors, officers, employees, agents, and subcontractors The DCHC shall not be considered a partner or joint venturer w~th the CITY, nor shall the DCHC be considered nor in any manner hold itself out as an agent or official representative of the CITY 5 3 Indemmfieatlon. To the extent authorized by law, the DCHC agrees to ~ndemmfy, hold harmless, and defend the CITY, its officers, agents, and employees from and agtunst any and all claims or stats for injuries, damage, loss, or habfl~ty of whatever kind or character, arising out of or ~n connection with the performance by the DCHC or those services contemplated by tins Agreement, meludmg all such elmms or causes of action based upon common, constitutional or statutory law, or based, m whole or m part, upon allegations of neghgent or intentional acts of DCHC, its officers, employees, agents, subcontractors, hcensees and lnvltees 5 4 Assignment. The DCHC shall not assign fins Agreement without first obtmnmg the written consent of the CITY Page 6 5 5 Not~ce. Any not~ce reqmred to be g~ven under tins Agreement or any statute, ordinance, or regulation, shall be effective when g~ven m writing and deposited ~n the Umted States mml, ce~fied mml, return receipt requested, or by hand-dehvery, addressed to the respective parties as follows CITY DCHC C~ty Manager Denton County Hlstoncal Commission C~ty of Denton Courthouse-On-The-Square 215 E McKmney Dr Mary Evelyn Blagg-Huey Denton, TX 76201 110 W Hickory St Denton, Texas 76201 5.6 Inurement Tbas Agreement and each prows~on hereof, and each and every right, duty, obhgat~on, and liability set forth hereto shall be binding upon and ~nure to the benefit and obhgatlon of the CITY and the DCHC and their respective successors and assigns 5.7 Application of Laws All terms, con&t~ons, and pmv~smns of tins Agreement are subject to all apphcable federal laws, state laws, the Charter of the C~ty of Denton, all ordinances passed pursuant thereto, and all judicial determanat~ons relative thereto 5 8 Exclusive Agreement Tbas Agreement contmns the entire understanthng and constitutes the entire agreement between the part, es hereto concermng the subject matter contained hereto There are no representations, agreements, arrangements, or understanchngs, oral or written, express or ~mphed, between or among the paxtles hereto, relating to the subject matter of tlus Agreement, whtch are not fully expressed hereto The terms and concht~ons of th~s Agreement shall prevml notw~thstanchng any variance ~n tl~s Agreement fi:om the terms and conditions of any other document relating to tins transacUon or these transactions 5 9 Dupheate Originals. This Agreement ~s executed in duplicate originals 5.10 Headings. The heachngs and subheadings of the various sections and paragraphs of th~s Agreement are inserted merely for the purpose of convemence and do not express or imply any hmltatlon, defimt~on, or extensmn of the specific terms of the section and paragraph so designated 5 11 Severabihty. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or apphcatton thereof to any person or c~rcumstance is held ~nvahd by any court of competent junsdlctton, such holding shall not affect the validity of the remmmng portions of ttus Agreement, and the part, es hereby declare they would have enacted such remmmng portions despite any such lnvahd~ty 5 12 Supersedure The part, es agree that thts Agreement replaces and supersedes ~n all material respects the mutual obhgatlons of the respective parties, as expressed ~n a s~mflar contract for CY1999, executed on December 8, 1998 P~e7 THE CITY OF DENTON, TEXAS By JAC~ ATTEST Ely ~ JENNIFER wALTERS, ' By CO/kfNTY JUDGE ATTEST APPROVED AS TO LEGAL FORM By By Secretary ~;~CT~~ Page 8 S \Our Documents\Ordmances\01~CHC Kiln2000 doc AN ORDINANCE APPROVING AMENDMENT NUMBER ONE TO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE 1N SUPPORT OF THE DENTON COUNTY HISTORICAL COMMISSION, AUTHORIZING THE MAYOR TO EXECUTE SAME ON BEHALF OF THE CITY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on December 7, 1999, pursuant to §351 101 of the Texas Tax Code, the City of Denton, Texas and Denton County, Texas entered mto an ~nterlocal agreement to use revenue fi.om the C~ty's mumclpal hotel occupancy tax to promote tounsm and the convention and hotel industry by advertls~ng and conductmg sohmtat~ons and promotional programs to attract tourists and convention delegates or reggstrants to the mumclpallty or ~ts wmmty, as well as to engage m historical restoration and preservation projects and actlwt~es and adverhmng and conducting sohcltat~ons and promotional programs to encourage tourists and convention delegates to ws~t preserved lustonc s~tes and museums, and to perform "museum serwces" authorized under §791 003(3)(F) of the Texas Government Code, Much each party ~s authonzed to perform md~wdually, and WHEREAS, the term of said mterlocal agreement expires December 31, 2000, and WHEREAS, it ~s the desire of both part,es to smd ~nterlocal agreement to extend ~ts term for another s~x months, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the attached Amendment Number One to the December 7, 1999 Interlocal Agreement between the City of Denton, Texas and Denton County, Texas, a copy of whmh is attached hereto and made a part hereof, ~s hereby approved, and the Mayor ~s hereby authorized to execute same on behalf of the C~ty of Denton, Texas, under the terms and conditions therein stated SECTION II That this ordinance shall become effective immedmtely upon Its passage and approval PASSED AND APPROVED thls the ,~//----~ day of ~.)f~dZ/x'/d//g./..~- , 2OOl Y f EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM PAGE 2 AMENDMENT NUMBER ONE TO THE DECEMBER 7, 1999 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE IN SUPPORT OF THE DENTON COUNTY HISTORICAL COMMISSION THIS DOCUlVIENT (AMENDMENT) amends the CY2000 AGREEMENT made between the C~ty of Denton, Texas, a mame~pal corporation (the "CITY"), and County of Denton, Texas, a governmental entaty ex~st~ng under the laws of the State of Texas, contracting on behalf of its Denton County H~stoneal Commission (collectively, the "DCHC") by extending the term of the AGREEMENT for an additional s~x months as set forth hereto WHEREAS, hotel tax funds hawng prewously been allocated dunng FY98-99 to fund a similar project dunng CY1999, wtuch was never completed, ~t ~s the ~ntent~on of the part~es that DCHC perform the same services pursuant to the AGREEMENT that ~t would have performed pursuant to the superseded agreement for CY1999 and the CY2000 AGREEMENT modified here~n, and that these services be performed for the same cons~deratlon recited, but not paid, ~n the superseded CY1999 contract and the CY2000 AGREEMENT modified hereto NOW, THEREFORE, m consideration of the performance of the mutual covenants and promises eontmned here~n, and the monetary consideration set forth in the CY2000 AGREEMENT, CITY and DCHC agree that the CY2000 AGREEMENT ~s hereby modified as follows, and that any prows~on not specifically modified here~n shall remain as written Amended Prowslons 1.2 Amounts of Payments [subsection (a) not amended] (b) In return for satisfactory performance of the act~wt~es set forth m flus Agreement and all attachments hereto, the CITY shall pay to DCHC an amount of money equal to the fixed contract amount of Tlurty-F~ve Thousand Dollars ($35,000) 4 1 Term. The term oftlus Agreement shall commence on January 1, 2000 and termmate at m~dmght on June 30, 2001 Tins term shall be a period of e~ghteen months o ,2001 THIS AMENDMENT EXECUTED th~s ~;{ -- day f THE CITY OF DENTON, TEXAS EUL1NE BROCK, MAYOR ATTEST APPROVED AS TO LEGAL FORM ~SE~'~ALTE~S, PROUTY, CRETARY ~- CITY ATTORNEY By ATTEST APPROVED AS TO *Page 2