Loading...
HomeMy WebLinkAbout2015-09-01 Special MeetingVOURI HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL MEETING September 1, 2015 6:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna will meet in Special Session at 6:30 p.m., September 1, 2015, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Public Hearing: For City Council to hear public comments on the proposed 2015 Tax Rate. (Clayton Fulton) 4. Consider/Discuss/Action regarding a resolution approving an interlocal agreement with Collin County for police department dispatch services. (Chief Jenks) 5. Consider/Discuss/Action regarding a resolution approving a funding agreement with the Anna Education Foundation for promotional purposes and CTE job training programs. (Jessica Perkins) 6. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities; b. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-01-15 CC Regular Meeting Agenda.doc 1 Posted 08-28-15 has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed mixed use development; proposed retail development; The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 7. Consider/Discuss/Action on any items listed on posted agenda for September 1, 2015 or any closed session occurring during this meeting, as necessary. 8. Adjourn. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. August 28, 2015. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-01-15 CC Regular Meeting Agenda.doc 2 Posted 08-28-15 CITY OF AN NA, TEXAS AGENDA SUBJECT: Roll call and establishment of quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: Item No. I City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: City Manager Exhibits: None CITY OF AN NA, TEXAS AGENDA SUBJECT: Invocation and Pledge of Allegiance. 411 Al I Ai r-A WA STAFF RECOMMENDATION: Item No. 2 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: City Manager Exhibits: N/A CITY OF AN NA, TEXAS Item No. 3 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: Clayton Fulton Exhibits: No AGENDA SUBJECT: Public Hearing: For City Council to hear public comments on the proposed 2015 Tax Rate. SUMMARY: The City Council scheduled September 1, 2015 at 6:30 p.m. as the date and time for the second public hearing on the proposed 2015 Tax Rate. The tax rate is scheduled for adoption on September 8tn STAFF RECOMMENDATION: None CITY OF AN NA, TEXAS Item No. 4 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: Chief Jenks Exhibits: Collin Agreement AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution authorizing a Police Dispatch Services agreement with Collin County. SUMMARY: The Police Department receives its dispatch services via an agreement with Collin County. This agreement allows for the Sheriff's Office to provide the dispatch services necessary for the operations of the Police Dept. In return, the City pays a fee associated with each radio event, currently $6.68 per event. This resolution allows the agreement to be extended through the end of FY 2016. STAFF RECOMMENDATION: Approve the resolution 1 CITY OF AN NA, TEXAS Item No. 5 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: Jessica Perkins Exhibits: yes AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution approving a funding an agreement with the Anna Education Foundation for promotional purposes and CTE job training programs. EDC staff contacted Anna ISD this past spring asking for opportunities to partner with the school district to build the professional workforce and partner on workforce development and job training initiatives. EDC staff met with Jennifer Kelly, High School Principle, Chad Long, CTE Program Director, and Brad Duncan, Director of Support Services for the District, to hear more about the CTE (Career Training Education) program. The CTE program gives students hands-on and interactive exposure to specific skill sets allowing the students to graduate with a certificate in those skills offering them a "leg -up" upon graduating. EDC staff asked the school district about specific needs where the EDC could be a partner. The district told the EDC board it was in need of apple/Mac computers for the newest CTE program — Arts, Audio/Video Technology and Communications. The Arts, Audio/Video Technology and Communications is currently the fastest growing cluster in the CTE program. The district had 130 students request this course for the 2015-16 school year. This course will provide students with a broad scope of skills including: audio recording, film technology and production, printing and publishing, and visual arts, including broadcasting and telecommunication. These multimedia skills can provide students opportunities in various fields including: Audio and Video Technicians, Multi - Media Artist and Animator, Film and Video Editor, Technical Writer and many more. The ISD hires students from the Technology cluster to work at the schools in the summer on IT related projects. This new cluster could lead to more internship opportunities for students to work for the ISD in the area of graphic design, marketing, and print publication design. This partnership to fund the Mac Computer Lab needed for the new Audio Visual Arts/Communication cluster aligns with City Council's strategic goal to "Identify opportunities to build the professional workforce in Anna through partnerships with businesses and educational Institutions." The schools immediate needs are: 1. $45,000.00 for a Mac lab and one teacher Mac Pro for our new Audio/Video Production courses. 2. $1,500.00 for five video cameras for a 4:1 student:camera ratio. 3. $500.00 for a vocal recording mic and stand 4. $750.00 for five tripods 5. $500.00 for professional tripod 6. $1200.00 3-point light kits Total = 49, 450.00 The EDC board has met and approved funding for this project and believes this project will promote new or expanded business development. STAFF RECOMMENDATION: Staff recommends you approve the resolution. CITY OF AN NA, TEXAS Item No. 6 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Closed Session (Exceptions): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: SUMMARY: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071) b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed mixed use development; update on economic development negotiations; The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. STAFF RECOMMENDATION: CITY OF AN NA, TEXAS Item No. 7 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda or any closed session occurring during this meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: CITY OF AN NA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: City Manager Exhibits: N/A VOURI HOMETOWN CITY OF ANNA AGENDA NOTICE — CITY COUNCIL MEETING September 1, 2015 6:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna will meet in Special Session at 6:30 p.m., September 1, 2015, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Public Hearing: For City Council to hear public comments on the proposed 2015 Tax Rate. (Clayton Fulton) 4. Consider/Discuss/Action regarding a resolution approving an interlocal agreement with Collin County for police department dispatch services. (Chief Jenks) 5. Consider/Discuss/Action regarding a resolution approving a funding agreement with the Anna Education Foundation for promotional purposes and CTE job training programs. (Jessica Perkins) 6. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities; b. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-01-15 CC Regular Meeting Agenda.doc 1 Posted 08-28-15 has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed mixed use development; proposed retail development; The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 7. Consider/Discuss/Action on any items listed on posted agenda for September 1, 2015 or any closed session occurring during this meeting, as necessary. 8. Adjourn. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. August 28, 2015. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 09-01-15 CC Regular Meeting Agenda.doc 2 Posted 08-28-15 CITY OF AN NA, TEXAS AGENDA SUBJECT: Roll call and establishment of quorum. SUMMARY: Mayor establishes a quorum STAFF RECOMMENDATION: Item No. I City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: City Manager Exhibits: None CITY OF AN NA, TEXAS AGENDA SUBJECT: Invocation and Pledge of Allegiance. 411 Al I Ai r-A WA STAFF RECOMMENDATION: Item No. 2 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: City Manager Exhibits: N/A CITY OF AN NA, TEXAS Item No. 3 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: Clayton Fulton Exhibits: No AGENDA SUBJECT: Public Hearing: For City Council to hear public comments on the proposed 2015 Tax Rate. SUMMARY: The City Council scheduled September 1, 2015 at 6:30 p.m. as the date and time for the second public hearing on the proposed 2015 Tax Rate. The tax rate is scheduled for adoption on September 8tn STAFF RECOMMENDATION: None CITY OF AN NA, TEXAS Item No. 4 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: Chief Jenks Exhibits: Collin Agreement AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution authorizing a Police Dispatch Services agreement with Collin County. SUMMARY: The Police Department receives its dispatch services via an agreement with Collin County. This agreement allows for the Sheriff's Office to provide the dispatch services necessary for the operations of the Police Dept. In return, the City pays a fee associated with each radio event, currently $6.68 per event. This resolution allows the agreement to be extended through the end of FY 2016. STAFF RECOMMENDATION: Approve the resolution 1 CITY OF ANNA, TEXAS RESOLUTION NO. (2016 PD Dispatch ILA) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN DISPATCH SERVICES AGREEMENT BETWEEN THE CITY OF ANNA COUNTY, TEXAS. A� WHEREAS, the City Council of the City of Anna Texas finds that agreement for Dispatch Services with Collin County is vital to sN Police department's mission to preserve and protect the public hi City's residents; _ NOW THEREFORE, BE IT RESOLVED BY THE Cl ANNA, TEXAS, THAT: Recitals Incorporated The recitals set forth above are in Approval of Interlocal Dis The City Council hereby appi hereto as Exhibit 1, and au of same. The City Manager all other actions necessary to PASSED AND day of Septeml RESOLUTION NO. (2016 PD Dispatch ILA) INT COLLIN s as if set forth in full. Fthorized rlo Services Agreement attached and approves the City Manager's execution to execute all documents and to take ct under, and enforce the Agreement. Council of the City of Anna, Texas on this 1st APPROVED: Mike Unst, Mayor PAGE 1 of 1 INTERLOCAL DISPATCH SERVICES AGREEMENT This agreement is entered into on the day of 2015, by and between the City of Anna (the "City") and Collin County, a political subdivision of the State of Texas (the "County"). RECITALS 4 The County, through the Sheriff's Office, own facilities used in dispatching its law enforcement and ei 2. The City desires to obtain certain dispatch servi under the authority of Texas Government Code, Title 7 Section 791 et seq., the parties agree as follows: SECTION 1. DEFINITIONS AO DISPATCH SERVICES. The necessary for the Collin service within the City's j personnel in r SECTION 2. means all services for law enforcement dispatch the City's law enforcement the to f this agreement shall commence on October 1, 2015, and effect through September 30, 2016. ATION. Either party may terminate this agreement by giving days written notice to the other party. SERVICES SERVICES TO BE PROVIDED. The County agrees to provide dispatch s through the Sheriff's Office to the City in the same manner and under the same work schedule as such services are provided in the operation of the County's law enforcement personnel. 1 For each user the City is required to complete and return Attachment (A), Connection Policy and Agreement Form for the Virtual Private Network (VPN). SECTION 4. NONEXCLUSIVITY OF SERVICE PROVISION The parties agree that the County may contract to perform services similar identical to those specified in this agreement for such additional governmental entities as the County, in its sole discretion, sees fit. The dispatch service charges for FY2016 in shall be paid by the City in quarterly installments of $1 upon the prior year call volume at the rate of $6.68 terminated prior to the conclusion of a made pursuant to Section 5.01 the County without which a payment has been paid shall belong to The City agrees that payments that it is be made out of the City's current revenues. to the furnishing of services under this agreement shall The parties agree that the County shall be acting as City in performing the services contemplated by this agreement. shall hold the County free and harmless from any obligation, costs, claims, judgments, attorney's fees, attachments, and other such liabilities arising from or out of the services rendered to the City pursuant to the terms of this agreement or in any way connected with the rendering of said services, except when the same shall arise because of the willful misconduct or culpable negligence of the County, and the 2 County is adjudged to be guilty of willful misconduct or culpable negligence by a court of competent jurisdiction. SECTION 7. AMENDMENT This agreement shall not be amended or modified other than in a written agreement signed by the parties. SECTION 8. CONTROLLING LAW This agreement shall be deemed to be made under, accordance with, the laws of the State of Texas. SECTION 9. NOTICES 9.01 FORM OF NOTICE. Unless otherwise provided for in this agreement shall be in actually received or not, forty-eight (48) first class, registered or immediately when 9.02 AD be addressed the United States mail, th proper postage prepaid or ons provided for in this agreement shall C n County, Dispatch Services to: chasing Department 00 Bloomdale #3160 McKinney, Texas 75071 If to the City, to: Collin County, Virtual Private Network (VPN) to: Information Technology Department 2300 Bloomdale #3198 McKinney, Texas 75071 Or to such person at such address as may from time to time be specified in a notice 3 given as provided in this Section 9. In addition, notice of termination of this agreement by the City shall be provided by the City to the County Judge of Collin County as follows: The Honorable Keith Self Collin County Judge Collin County Administration Building 2300 Bloomdale Rd. Suite 4192 McKinney, Texas 75071 SECTION 10. CAPTIONS The headings to the various sections of this convenient reference only and shall not modify, define, provision of this agreement. SECTION 11. COUNTERPAR This agreement may be separately, shall be deeme SECTION 12. performance of which, when taken OF CONDITION this agreement are conditions to further performance of its obligation under the CLUSIVE RIGHT TO ENFORCE THIS AGREEMENT County and the City have the exclusive right to bring suit to enforce this �id no party may bring suit, as a third -party beneficiary or otherwise, to enforce this agreement. SECTION 14. PRIOR AGREEMENTS SUPERSEDED 4 This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written oral agreements between the parties respecting the services to be provided under this agreement. IN WITNESS WHEREOF, COLLIN COUNTY, 5 CITY OF AN NA, TEXAS Item No. 5 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: Jessica Perkins Exhibits: yes AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution approving a funding an agreement with the Anna Education Foundation for promotional purposes and CTE job training programs. EDC staff contacted Anna ISD this past spring asking for opportunities to partner with the school district to build the professional workforce and partner on workforce development and job training initiatives. EDC staff met with Jennifer Kelly, High School Principle, Chad Long, CTE Program Director, and Brad Duncan, Director of Support Services for the District, to hear more about the CTE (Career Training Education) program. The CTE program gives students hands-on and interactive exposure to specific skill sets allowing the students to graduate with a certificate in those skills offering them a "leg -up" upon graduating. EDC staff asked the school district about specific needs where the EDC could be a partner. The district told the EDC board it was in need of apple/Mac computers for the newest CTE program — Arts, Audio/Video Technology and Communications. The Arts, Audio/Video Technology and Communications is currently the fastest growing cluster in the CTE program. The district had 130 students request this course for the 2015-16 school year. This course will provide students with a broad scope of skills including: audio recording, film technology and production, printing and publishing, and visual arts, including broadcasting and telecommunication. These multimedia skills can provide students opportunities in various fields including: Audio and Video Technicians, Multi - Media Artist and Animator, Film and Video Editor, Technical Writer and many more. The ISD hires students from the Technology cluster to work at the schools in the summer on IT related projects. This new cluster could lead to more internship opportunities for students to work for the ISD in the area of graphic design, marketing, and print publication design. This partnership to fund the Mac Computer Lab needed for the new Audio Visual Arts/Communication cluster aligns with City Council's strategic goal to "Identify opportunities to build the professional workforce in Anna through partnerships with businesses and educational Institutions." The schools immediate needs are: 1. $45,000.00 for a Mac lab and one teacher Mac Pro for our new Audio/Video Production courses. 2. $1,500.00 for five video cameras for a 4:1 student:camera ratio. 3. $500.00 for a vocal recording mic and stand 4. $750.00 for five tripods 5. $500.00 for professional tripod 6. $1200.00 3-point light kits Total = 49, 450.00 The EDC board has met and approved funding for this project and believes this project will promote new or expanded business development. STAFF RECOMMENDATION: Staff recommends you approve the resolution. Al` NA HIGH SCHOOL 1 107 Rosamond Parkway Anna, Texas 75409 phone 972.924.1 100 fax 972.924.1 101 www.ahs.annaisd.org Arts, Audio/Video Technology and Communication is currently the fastest growing cluster in the CTE program. This is a new area for Anna High School. We had 130 students request this course for the 2015-16 school year. This course will provide students with a broad scope of skills including: audio recording, film technology and production, printing and publishing, and visual arts, including broadcasting and telecommunication. These multimedia skills can provide students opportunities in various fields including: Audio and Video Technicians, Multi -Media Artist and Animator, Film and Video Editor, Technical Writer and many more. Audio and Video Equipment Technicians National Labor Market Information National Employment 2012: 67,700 Projected National Employment 2022: 76,900 Absolute Change 2012 - 2022: 9,300 Percent Change 2012 - 2022: 13.70% Average Hourly Wage 2013: $22.03 Technical Writers National Labor Market Information National Employment 2012: 49,500 Projected National Employment 2022: 56,900 Absolute Change 2012 - 2022: 7,400 Percent Change 2012 - 2022: 14.80% Average Hourly Wage 2013: $33.80 Immediate Request 1) $45,000.00 Mac Lab and Mac Teacher 2) $1,500.00 for cameras 4:1 student ratio 3) $500.00 for vocal mic and stand 4) $750.00 for five tripods 5) $500.00 professional tripod 6) $1,200.00 3-point light kits Total: $ 49,450.00 Future Needs Misc: $6,850.00 AHS is excited to be rapidly growing and having the opportunity to offer courses such as this to our students. In Texas, 77% of high school students will choose to enter at least one CTE course, and 25% of students will take three or more courses in a specific program area. CTE programs such as Arts, Audio/Video Technology and Communication are highly rigorous with coherent sequences of courses that allow students to obtain and use life skills that lead to success beyond secondary education. 0 Anna ISD Education Foundation August 18, 2015 City of Anna E DC and CDC, On behalf of AISD Education Foundation first and foremost we would once again like to say Thank You for all your help and gratitude in helping us develop successful programs for our students. It ;s the development of partnerships such as these that will allow our students to learn, apply and utilize a life skill beyond hgh school and also demonstrate a bond between community and education. Through the use of this donation, jobs for our students can be created and utilized through our technology department where we currently offer jobs to students during the summer to assist with all district technology needs. These wages are paid to these students at a rate of $10.00 an hour which is above the min mum wage average. The donation would be received as a gift and made known district wide as well as advertised in our community. We would like to list the City of Anna EDC and CDC as a sponsor and partner on our Anna High School CTE web page and make a local announcement in our city paper_ Another way that we would like to show our apprec ation for the donation ,s to at some point have our students conduct a commercial/video for the City of Anna. There are great th ngs happening in our community and this would be another learning experience for our students. Once again the AISD Educat-on Foundation would like to say Thank You for investing in the success of our students. If you should have any questions please feel free to contact us any time. CITY OF ANNA, TEXAS RESOLUTION NO. (Agreement AISD for CTE) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVI AGREEMENT FOR SPONSORSHIP COMMITMENT AND JOB TRAINING P BETWEEN THE ANNA ECONOMIC DEVELOPMENT CORPORATION D THE ANNA EDUCATION FOUNDATION AND AUTHORIZING THE GRANT FUNDS UNDER SAID AGREEMENT AL WHEREAS, the City of Anna City Council has received a re f9t fro the Economic Development Corporation (the "EDC") to grant f s in ort of economic development project that will support job training initi s e Ann ISD Career Training Education Program (CTE) and the Anna 1 duc ound that will create and retain prevailing -wage jobs, as required exas G nment Code 501.162; and WHEREAS, the City of Anna City Council has reviewe ject pr osal received by the EDC from the Anna ISD and Anna Edyfggoo&undation ref to equipment needed for the CTE's Arts, Audio/Video Te 77" . Y49OLCo ions Program; and WHEREAS, the City of Anna City Cou EDC and new or expanded business de NOW THEREFORE, BE IT Recitals Inco the Project will promote the ANNA CITY COUNCIL: The recitals set fort M!Wrated herein for all purposes as if set forth in full. nt, and Expenditure Council e oves the EDC entering into the Agreement for t a Training Program ("Agreement") with the Anna )n es the EDC to grant the funds as described in the ed hereto as EXHIBIT A, incorporated herein for all purposes. D APPROVED by the City Council of the City of Anna this .2015. L. Smith, City Secretary RESOLUTION NO. (Agreement AISD for CTE) APPROVED: MIKe Unst, Mayor PAGE 1 OF 1 AGREEMENT FOR SPONSORSHIP COMMITMENT AND JOB TRAINING PROGRAM THIS AGREEMENT FOR SPONSORSHIP COMMITMENT AND JOB TRAINING PROGRAM (this "Agreement") is made by and between the Anna Economic Development Corporation, at Type A Development Corporation ("EDC"), and th Education Foundation (the "Business Enterprise"), a nonprofit business enter entered into on this 1st day of September, 2015. The purposes of this Agreement are to: (1) create new jobs in persons entering the labor force in order to provide them with knowledge, and training necessary to maintain successfuI promotional services to the EDC. For purposes of this Agreement, City means the City of Anna, Economic Development Effective Date means EDC and the Busines City approves of the ED Fwhich-7-of the following have occurrei fully execute and deliver this Agreement; g into this Agreement. ration that pays or provides something of value ection with the operations of the Business in exchange for the Business Enterprise PFpons ip Br%ans at least that amount of sponsorship designation, adve n rint and broadcast media, marketing materials and opportunities, u nefits and all other benefits listed in this Agreement and/or ise available that would promote the EDC to an extent equal to or greater th ny other Sponsor. In other words, Sponsorship Benefits shall provide the ED at least "equal billing" compared with any other Sponsor and shall provide the highest level of promotional or other benefits made available or provided to any other Sponsor, regardless of the amounts paid by the EDC as compared with any other Sponsor. If the EDC is the sole sponsor, then Sponsorship Benefits means promotion of printed and electronic or social media information that names the EDC as a Sponsor to an extent and in a manner that will help market the EDC as an entity that supports job creation, job training, and new and expanding business enterprises in and near the City. AGREEMENT FOR SPONSORSHIP COMMITMENT AND JOB TRAINING PROGRAM PAGE 1 OF 6 Section 3. Representations and Obligations Relating to Job Creation, Job Training, Funding, and Promotions 3.01 Job Creation By entering into this Agreement, the Business Enterprise represents to the will establish a job -training program to create new jobs that pay wages th84 equal to the prevailing wage for the applicable occupation in the Collin oL market. Specifically, the Business Enterprise shall establish and m n Training Education program (the "Program"). Establishment and gffation Program must create at least 10 jobs in or near the City at pre Program shall be established on or before December 31, 2015 maintained and operated until at least May 31, 2018. The sing all of the funds provided by the EDC under this Agree&Rws the Program and promote the EDC. Any unused fu17 n all bed within 10 business days of termination of the Progra 3.02 Funding The EDC will fund the Program in the a EDC's only obligation under this Agreer Business Enterprise within 10 days of tl 3.03 Sponsorship Benefi The Business Enterpri other items n advertising i public relaA ,`that it' at least 0.--Fa-id funding shall be the provide the funding to the pro furnish all materials, equipment, tools and e Sponsorship Benefits to the EDC, including dia, other marketing materials, and all other nefits as further described in this Agreement. I media includes the EDC's identification as Sponsor ng a ocial media promoting the Program. All such the EDC as: The City of Anna Economic Development shall have final approval authority of all promotional approval must be obtained from the EDC's Chief er in writing before such materials are used in any form of edition to the EDC funding the Program, the Business Enterprise must and deliver to the EDC the copyright license agreement, attached hereto Liability and It is expressly understood and agreed that the EDC has no right of control, supervision, or direction over any work performed by the Business Enterprise relating AGREEMENT FOR SPONSORSHIP COMMITMENT AND JOB TRAINING PROGRAM PAGE 2 OF 6 in any way to the Program or any other undertakings of the Business Enterprise (the "Work"), including but not limited to the Business Enterprise's employees, agents, contractors, or its subcontractors, nor does the EDC have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to perform any of the Work. There shall be no joint control over the Work. THE BUSINESS ENTERPRISE AGREES TO FULLY DEFEND, INDEMNIFY A OLD HARMLESS THE EDC FROM ANY CLAIM, PROCEEDING, CAUSE OF ION, JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE ARI IN GROWING OUT OF, ASSOCIATED OR IN CONNECTION WITH T OR E INDEMNIFICATION INCLUDES, BUT IS NOT LIMITED TO, 'TT EY FEES RELATED EXPENSES INCURRED BY THE EDC IN DEFEN ITSE R I ENFORCING THIS AGREEMENT. By entering into this Agree t siness Enterprise waives all rights and remedies in law or in equit exce ek enforcement of specific performance, without any right urse of or attorney fees, of the obligations under this Agreeme his prov' 'on i ended to and does not waive any of the EDC's government imm ludi without limitation immunity from suit and liability. The Business Enterprise shall procure amaintain, fo e duration of the Program, insurance against claims for injuries top ons or dam s to property, which may arise from or in conjunction wit o ce of t ork or in any way related to the Business Enterprise's un akin e nnection with the Program or otherwise, including but n ited to erage for the Business Enterprise, its agents, representatives, employee tra s, and subcontractors. The form and limits of such insurance, t, acceptable to the of the Business Failure of the B derwriter thereof in each case, must be of such acceptance it shall be the responsibility i dequate insurance coverage at all times. to aintain adequate coverage shall not relieve the ctual responsibility or obligation. Each policy shall tion or modification which reduces coverage in any being given to the EDC. A copy of each policy, or at of insurance, shall be filed with the EDC's Chief he occurrence, at any time during the term of the Agreement, of any one or more of ie following events, shall constitute an Event of Default under this Agreement: the failure of the Business Enterprise to provide the EDC with all Benefits enumerated in this Agreement; AGREEMENT FOR SPONSORSHIP COMMITMENT AND JOB TRAINING PROGRAM PAGE 3 OF 6 b) the failure of the Business Enterprise to create the prevailing -wage jobs as required under this Agreement; c) the failure of the EDC to pay the Business Enterprise according to the terms of this Agreement; and Ago the Business Enterprise's breach or violation of any of the material covenants, representations or warranties contained herein or theJ Enterprise's failure to perform any material obligation containegff 6.02 Uncured Events of Default Upon the occurrence of an Event of Default by EDC that can be of money to the Business Enterprise, EDC shall have 1 written notice from the Business Enterprise of an occ nce of to cure same before the Business Enterprise may e cise forth in this Agreement. Upon the occurrence of an Event of Defa include the failure to abide by a deadlinle of written notice from EDC of an occurr if same cannot be effectively cured with provide EDC with the Sponsorsh' EDC's entire sponsorship fee. Amendment; s Ent se that does not b days from receipt t of Default to cure same, or, Is and fully and effectively ay be cured by refunding This Agreement m am d except pursuant to a written instrument signed by both parties. Ag�Ne rminate once both parties shall have completed perf anceve obligations hereunder. b'y'Jreement shall be in writing delivered to the parties via .S. certified mail, return receipt requested, at the addresses listed EDC Chief Administrative Officer Anna Economic Development Corporation P.O. Box 776 Anna, Texas 75409 Anna Education Foundation Anna Education Foundation Attention Greta Adams & Debbie Dumas 501 S. Sherley Ave. Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the address information listed in this section. AGREEMENT FOR SPONSORSHIP COMMITMENT AND JOB TRAINING PROGRAM PAGE 4 OF 6 Section 9. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the EDC under Texas law. The provisions of this paragraph are solely for the benefit of parties hereto and are not intended to create or grant any rights, contractua otherwise, to any other person or entity. Entire Agreement This Agreement represents the entire and integrated Agreeme the Business Enterprise and supersedes all prior negotiations, agreements, either written or oral. This Agreement may be m instrument signed by both parties. This Agreement shall be governed by the interpretation and performance. Any and Agreement shall be brought in a court of jTexas. Severability The provisions of this Agri section, subdivision, sente be contrary to the law, or c of the law, such d9do" /o aAms to o enforce this Collin County, i0oerable. In the event that any paragraph, r phrase of this Agreement shall be found to any rule or regulation having the force and effect ffect the remaining portions of this Agreement. ,ult o egotiation between the parties, and shall, in the event eawng or application of any portion thereof, be interpreted rof to be more strictly construed against one party than ich party originally drafted the section in dispute. Time is of to the deadlines set forth in this Agreement. orce Majeure F party is l3revented or delayed from performing any of its obligations hereunder due a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations all be suspended until such time as the event or condition no longer prevents or Ways performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. AGREEMENT FOR SPONSORSHIP COMMITMENT AND JOB TRAINING PROGRAM PAGE 5 OF 6 Section 15. Assignment It is understood and agreed that the Business Enterprise shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement withouY written approval of the EDC. IN WITNESS WHEREOF, EDC and the Business Enterprise Agreement. AGREEMENT FOR SPONSORSHIP COMMITMENT AND JOB TRAINING PROGRAM PAGE 6 OF 6 EXHIBIT 1 COPYRIGHT LICENSE AGREEMENT This License Agreement (this "Agreement") is executed on the 1st day of September, 2015, between the Anna Economic Development Corporation of Anna ("Licensor"), whose address is 111 N. Powell Parkway, Anna, Texas 75409, and Anna Education Foundation ( "Licensee"), whose address is 501 S. Sherley Ave. Anna, Texas 75409 Licensor is the owner of the copyright in the works entitled "Anna Economic Development CorporatioIvalu hereinafter as "the Works"), a color copy of the Works being attached hereto as Exhibit A and inco ted purposes. Licensee desires to obtain a license to use the Works and Licensor is willing to gra h a li terms set forth in this Agreement. For the mutual covenants contained in this Agreement and for of ood consideration, the receipt and sufficiency of which is acknowledged, the parties agree as foll0M6 Section 1. License Grant. Licensor grants to Licensee, and only to Licensee, the to use e Wo United States for the term set forth in this Agreement. Licensor retains the right to us orks ding to rn use. The license granted in this Agreement gives Licensee the right to make copies o or d to elec ronically distribute such copies to the public according to the conditions and limitations as provide is AgreejWt. Section 2. Term. This Agreement shall be effective at all times until rmiTation of t�For the purposes of this paragraph, "Program" has the same meaning establishe the Agre for rship Commitment and Job Training Program entered into by Licensor and Licensee. Section 3. Conditions and Limitations. Licensee's use of orks wi be subject eceiving advanced written approval from Licensor as to the content of all marketing mat other ater' at Licensee proposes for distribution or other use at any time that is related to or in a ay assoc wi r or the Works. Section 4. Consideration. The license granted to Li see shall be w ut consideration or payment of any royalties, but is conditioned as set forth in this Agreement. Section 5. Termination. This Agreem Licensor provides written notice to License immediately upon Licensor giving Licens Notice will be provided to the address for Li Section 6. Copyright Noti placed the appropriate copyrigg Section 7. Miscellane of Licensor, which must be governed by and co ued shall be in Collie By: upon the expiration of ten days after J0ate'qqNW&g6jW) r tot the term or any extension thereto; or (2) f termination due to a breach of the conditions of this License. in this Agreement. t on all copies of the Works, Licensee will place or cause to be Economic Development Corporation. may not be assigned by Licensee without the advance written consent n amendment or addendum to this Agreement. This Agreement will be e laws of the State of Texas and exclusive jurisdiction, venue, and forum EES TO FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS LICENSOR AND ITS P11111111IMPKTIVES, ATTORNEYS, AND AGENTS (HEREINAFTER COLLECTIVELY REFERENCED AS PROCEEDING, CAUSE OF ACTION, JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE fTED OR IN CONNECTION WITH LICENSEE'S USE OF THE WORKS, PROVIDED, HOWEVER, lrRED TO INDEMNIFY LICENSOR FOR ANY DAMAGES OR OTHER AMOUNTS INCURRED BY CH THE SOLE PROXIMATE CAUSE IS THE NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL CONDUCT OF LUTY TO INDEMNIFY AND HOLD HARMLESS INCLUDES, BUT IS NOT LIMITED TO, ATTORNEY FEES AND D BY LICENSOR IN DEFENDING ITSELF OR IN ENFORCING THIS AGREEMENT. BY ENTERING INTO THIS IFLICENSEE WAIVES ALL RIGHTS AND REMEDIES IN LAW OR IN EQUITY EXCEPT TO SEEK ENFORCEMENT OF SPECIFIC CE OF THE OBLIGATIONS UNDER THIS AGREEMENT. THIS PROVISION IS NOT INTENDED TO AND DOES NOT WAIVE ANY NITEES' GOVERNMENTAL IMMUNITIES, INCLUDING WITHOUT LIMITATION IMMUNITY FROM SUIT AND LIABILITY. Greta Adams DATE Debbie Dumas Exhibit A YOUR) HOMETOWN WWW ANNATEXA . rOV TOWN VrWW-ANNATE ns.Gov CITY OF AN NA, TEXAS Item No. 6 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Closed Session (Exceptions): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: SUMMARY: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071) b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); discuss proposed mixed use development; update on economic development negotiations; The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. STAFF RECOMMENDATION: CITY OF AN NA, TEXAS Item No. 7 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: City Manager Exhibits: N/A AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda or any closed session occurring during this meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: CITY OF AN NA, TEXAS AGENDA SUBJECT: Adjourn SUMMARY: STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: September 1, 2015 Staff Contact: City Manager Exhibits: N/A