HomeMy WebLinkAboutAgenda_2017_1_5_Meeting(145) (8)AGENDA
ANNA ECONOMIC DEVELOPMENT CORPORATION
Thursday, January 5, 2017 @ 5:00 PM
ECONOMIC Anna City Hall, Council Chambers
DEVELOPMENT
CORPORPORATION oweY, 111 N. Powell Parkway, Anna, Texas 75409
The Anna Economic Development Corporation will conduct a meeting at 5:00 PM on
January 5, 2017, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to
consider the following items:
1. Call to Order, Roll Call and Establishment of Quorum
2. Invocation and Pledge
3. Consider/discuss/action regarding approving a professional services agreement
with City Centric Planning, LLC for consulting services related to the development
of a PD (planned development zoning) and the development and design of
Covenants, Conditions, and Restrictions (CCR's) for the proposed Anna Business
Park.
4. Consider/Discuss/Action adopting a resolution approving a sponsorship agreement
with the Greater Anna Chamber of Commerce.
5. Consider/Discuss/Action adopting a resolution approving expenditure of funds for
regular janitorial cleaning services at 312 North Powell Parkway.
6. Update on 312 North Powell Parkway conversion to Inc -Cube.
7. Consider/Discuss/Action approving a resolution authorizing the expenditure of
funds to erect a monument sign at 312 North Powell Parkway.
8. Consider/Discuss/Action regarding adopting the minutes from November 3, 2016.
9. Adjourn.
This is to certify that I, Jessica Perkins, Chief Administrative Officer, 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. on December 30, 2016.
Jessica Perkins, Chief Administrative Officer
IMPORTANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in
this agenda. The Corporation reserves the right to retire into closed session concerning any of the
items listed on this agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act. Disabled persons who want to attend this meeting and 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.
ADDITIONAL NOTICE REGARDING MEETING TIME: In the event that the Anna Economic
Development Corporation meets at the same time and place scheduled for this meeting, then this
meeting will be delayed and will begin immediately after the conclusion of the meeting of the Anna
Economic Development Corporation.
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 4.
EDC Agenda
Staff Report
Meeting Date: 1 /5/2017
Staff Contact: Jessica
Perkins
Consider/discuss/action regarding approving a professional services agreement with
City Centric Planning, LLC for consulting services related to the development of a PD
(planned development zoning) and the development and design of Covenants,
Conditions, and Restrictions (CCR's) for the proposed Anna Business Park.
SUMMARY:
Now that we have closed on the land, it will be necessary to have CCR's in place and
the correct zoning in order to convey land to a purchaser/user. The CCR's will identify
standards for the business park (similar to an HOA for a residential neighborhood).
Both text and graphics can be used to establish a sense of quality so that each
subsequent user can be aware of the goals of the EDC. Additionally, the current
zoning is single family and multi -family. A PD or planned development will need
to drafted and presented to the Planning and Zoning Commission along with a zoning
change request. Phyllis Jarrell of City Centric Planning, former employee of 32 years
for the City of Plano's Planning Department, is knowledgeable enough to do both
tasks and having her do so will assist in eliminating any duplication.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
Professional Services Agreement 12/22/2016 Backup Material
Res. Prof Services Agreement - Phyllis 12/26/2016 Resolution
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTANT SERVICES
STATE OF TEXAS §
COUNTY OF COLLIN §
This Professional Services Agreement for Consulting Services (this "Agreement") is
made and entered into on the XX day of XXXXXXXX, 2017, by and between the Anna
Economic Development Corporation, a Texas Type A development corporation, with its
principal office at 111 North Powell Parkway, Anna, Collin County, Texas 75409 ("OWNER")
and City Centric Planning LLC with its principal office at 2813 Persimmon Court, Plano, Texas
75074 ("CONSULTANT").
WITNESSETH, that in consideration of the covenants and agreements herein
contained, the parties hereto do mutually agree as follows:
ARTICLE 1
EMPLOYMENT OF CONSULTANT
OWNER hereby contracts with CONSULTANT, as an independent contractor, and
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
stated in the sections to follow, (1) with the professional skill and care ordinarily provided by
competent urban planners practicing in the same or similar locality and under the same or
similar circumstances and professional license; and (2) as expeditiously as is prudent
considering the ordinary professional skill and care of a competent urban planner. The
professional services set out herein are in connection with the following described project
(referenced herein as the "Project"):
The Project shall include limited services traditionally performed by a retained or
employed urban planner that is assisting with the creation and finalization of covenants,
conditions, and restrictions for a proposed development project, including the services
described under Article 2.A. of this Agreement and all related subtasks necessary and proper
to fulfilling the duties expressly stated herein.
ARTICLE 2
SCOPE OF SERVICES
CONSULTANT shall perform the following services in a professional manner:
A. CONSULTANT shall perform the following services: research, consultation, drafting of a
set of planned development zoning stipulations and proposed covenants, conditions,
and restrictions for all parcels of land targeted for development for the planned Anna
Business Park ("C.C. & R."). The subject parcels of land will be identified for
CONSULTANT by the OWNER'S Chief Administrative Officer. The C.C. & R. prepared
by CONSULTANT shall be no less restrictive than the applicable regulations of federal,
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES
Page 1 of 11
state, or local law (including all subdivision, zoning and building codes of the City of
Anna) as those regulations exist on the date the C.C. & R. are approved or recorded.
The C.C. & R. may be designed to be more restrictive than said regulations, if in the
professional judgment of CONSULTANT it would be beneficial to OWNER, or as may
be requested by OWNER.
B. CONSULTANT shall plan, develop, and draft a set of planned development zoning
stipulations and the C.C. & R., in consultation with the OWNER and such other persons
as may be designated by the OWNER, as further set forth in Exhibit A. CONSULTANT
shall carefully draft recommended land use restrictions which appropriately balance the
interests of OWNER, future owners or tenants of the property, adjacent property
owners, and neighborhoods and other areas in general proximity.
C. If required, CONSULTANT shall prepare graphics to accompany the C.C. & R. which
reflect the aesthetic qualities likely to attract and retain the interest of desirable tenants
and/or purchasers and deemed appropriate for the Anna Business Park in the discretion
of OWNER. If such services are desired from CONSULTANT at a future date, a
separate written contract will be drafted and executed as negotiated between the
parties. CONSULTANT shall solicit and incorporate the feedback of OWNER at various
stages throughout the design process. As reasonably requested, CONSULTANT will
prepare alternative graphics for comparison by OWNER.
D. CONSULTANT will confer with City of Anna and Anna EDC staff as needed through
meetings and conference calls to develop planned development zoning stipulations and
C.0 & R.
E. CONSULTANT shall attend one Planning & Zoning Commission and one City Council
meeting, if required by the OWNER, as part of the development and adoption of
planned development zoning stipulations.
F. CONSULTANT shall provide the following deliverables:
1. Planned Development Zoning Stipulations to be adopted by ordinance
2. C.0 & R document to be filed and recorded for the PROPERTY
G. CONSULTANT shall not be responsible for filing and/or recording the C.C. & R.
described in this Agreement.
H. CONSULTANT shall not be responsible for preparing documents creating a Property
Owners' Association or similar entity deemed necessary by the OWNER to facilitate the
enforcement of the C.C. & R.
ARTICLE 3
ADDITIONAL INCLUDED SERVICES
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES
Page 2 of 11
Additional services to be performed by CONSULTANT for no additional compensation,
whether included in the above -described Scope of Services are generally described as
follows:
A. Services relating to review of concepts of development, land use concepts, platting,
consideration or critiques of entry features, landscape plans, and similar professional
services
B. During the course of drafting the C.C. & R., as requested by OWNER, CONSULTANT
will be reasonably available for meetings with OWNER and/or OWNER's designees,
which may include members of the business community and/or local residents, and
which are not included in Exhibit A under C.C. & R. Services.
C. CONSULTANT will assist OWNER's representatives on an as -needed basis in any
necessary meetings or hearings before regulatory agencies relating to the Anna
Business Park, until such time as the C.C. & R. for the subject properties are finalized,
approved, and recorded.
D. Preparing or supplying copies of computer aided drafting (CAD) electronic data bases,
drawings, or files for use by OWNER and developers of the Anna Business Park.
E. Providing a final version of the C.C. & R., portable document format (PDF), for approval
and eventual recording by OWNER.
ARTICLE 4
PERIOD OF SERVICE, PROJECT DESIGNEE
This Agreement shall become effective as of the date that all of the following have
occurred: (1) the duly authorized representative of CONSULTANT executes this Agreement;
(2) this Agreement, fully executed, has been delivered to OWNER; and (3) the City of Anna,
Texas City Council has duly approved of OWNER entering into this Agreement. This
Agreement shall remain in force for the period which may reasonably be required for the
completion of the Project, which is estimated to be eight (8) weeks subsequent to the
execution of this Agreement and any reasonable extensions approved by OWNER.
CONSULTANT shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible, contingent on public hearing and meeting schedules, and to meet
the schedule(s) established by OWNER, acting through its Project designee, who shall be its
Chief Administrative Officer ("CAO") unless otherwise designated in writing by OWNER.
ARTICLE 5
COMPENSATION
A. COMPENSATION TERMS:
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES
Page 3 of 11
1. For and in consideration of the professional services to be provided by
CONSULTANT herein, OWNER agrees to pay two payments of $2,000 in the
manner set forth in B.1., below. This shall incorporate and subsume any and all
expenses arising from CONSULTANT's provision of professional services
described in this Agreement, including but not limited to mileage, materials, and
software licenses.
2. In the event of some unforeseen expense incurred by CONSULTANT, a request
for reimbursement (with suitable receipts/documentation) may be submitted to
OWNER for consideration of reimbursement. OWNER shall not be obligated to
reimburse any such expense in absence of a written approval from OWNER
executed prior to CONSULTANT incurring the expense at issue. Time dedicated
to work on the Project by CONSULTANT (or any subcontractor, agent,
employee, or assignee of CONSULTANT) does not constitute an expense
eligible for reimbursement in absence of a separate written Agreement.
B. BILLING AND PAYMENT:
1. Payment to CONSULTANT of two (2) payment(s) of $2,000 will be made in two
(2) equal installments: the first shall be delivered by OWNER within 30 days of
the date this Agreement is executed by both parties; the second shall be
delivered by OWNER within 30 days of CONSULTANT's delivery of the final PDF
version of the C.C. & R. to OWNER. Payment of the compensation due under
this Agreement shall be in the form of a check made payable to City Centric
Planning LLC.
2. Nothing contained in this Article shall require OWNER to pay for any work which
is unsatisfactory, as reasonably determined by the OWNER or its designee, or
which is not submitted in compliance with the terms of this Agreement. OWNER
shall not be required to make any payments to CONSULTANT when
CONSULTANT is in default under this Agreement.
3. It is specifically understood and agreed that CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement which would
require additional payments by OWNER for any charge, expense, or
reimbursement above the lump sum payment, without first having obtained
written authorization from OWNER. CONSULTANT shall not proceed to perform
any services without obtaining prior written authorization from the OWNER's
Chief Administrative Officer or her designee.
ARTICLE 6
OBSERVATION AND REVIEW OF THE WORK
CONSULTANT will exercise reasonable care and due diligence in and in discovering
and promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or
any subcontractors or subconsultants.
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES
Page 4 of 11
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES
Page 5 of 11
ARTICLE 7
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of OWNER upon the termination of this Agreement. CONSULTANT
shall irrevocably transfer to OWNER a perpetual, transferable, non-exclusive license of all
intellectual property rights associated with the Project materials, immediately upon delivery to
OWNER, without additional compensation or additional documentation. CONSULTANT is
entitled to retain copies of all such documents. The documents prepared and furnished by
CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these
documents in other projects shall be at OWNER's sole risk and expense. In the event
OWNER uses any of the information or materials developed pursuant to this Agreement in
another project or for other purposes than specified herein and by CONSULTANT at the time
such information and materials are delivered, CONSULTANT is released from any and all
liability relating to such use in such other project.
ARTICLE 8
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER or of the City of Anna, Texas. CONSULTANT OWNER shall not
have or claim any right arising from employee status. OWNER shall not control the means,
methods, sequences, procedures, or techniques utilized by CONSULTANT to perform work or
services under this Agreement or any associated task order.
ARTICLE 9
RECORDS AND INSPECTION
OWNER shall have the limited right to audit and make copies of the books, records and
computations pertaining to this Agreement upon request. CONSULTANT shall allow access to
any records maintained for the benefit of OWNER within 5 business days. CONSULTANT shall
notify OWNER prior to destroying any non -redundant records relating to this Agreement, other
than draft versions of materials which have been rejected by OWNER or which exist in a final
version.
ARTICLE 10
INDEMNITY AGREEMENT
CONSULTANT shall indemnify and hold harmless OWNER and its officers, agents, and
employees from and against any and all liability for damage to the OWNER to the extent that
the damage is caused by or results from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier committed by the indemnitor
or the indemnitor's agent, consultant under contract, or another entity over which the
indemnitor exercises control.
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES
Page 6 of 11
Nothing in this Agreement shall be construed to create a liability to any person who is
not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both
at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICI F 11
INSURANGE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the
State of Texas by the State Insurance Commission or any successor agency that has a rating
with Best Rate Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate; provided, however, that OWNER may allow for different
limitations if so stated in writing by OWNER's Chief Administrative Officer.
B. CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's
request to evidence such coverages.
ARTICLE 12
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving 30 days' advance written notice to the other party.
B. If the Agreement is terminated by CONSULTANT prior to completion of the services to
be provided hereunder, CONSULTANT shall be deemed to have waived entitlement to
the second installment payment described in Article 5.B.1. Should OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate in providing information. CONSULTANT shall
turn over all documents prepared or furnished by CONSULTANT pursuant to this
Agreement to OWNER on or before the date of termination, but may maintain copies of
such documents for its use.
C. If the Agreement is terminated by OWNER prior to completion of the services to be
provided hereunder, OWNER and CONSULTANT shall agree on the amount of a fair
portion of the second installment payment described in Article 2(B) above, to be
calculated on a reasonable assessment of progress towards completion of the text and
graphics of the final C.C. & R. If the parties are unable to agree as to a fair amount for
the second installment payment following termination by OWNER, the parties agree to
participate in mediation before an impartial mediator, with the costs of mediation to be
split equally between the parties, but in no event shall CONSULTANT be awarded any
amount greater than one-half of the lump sum payment described in Article 2(A) above.
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES
Page 7 of 11
Acceptance of any second installment payment, or sum determined by a mediator, by
CONSULTANT shall forever waive any claim for additional compensation or damages in
any way related to this Agreement, including but not limited to damages for breach of
contract. No party shall be entitled to an award of attorney's fees with respect to any
breach of or claim under this Agreement.
ARTICLE 13
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by
OWNER for any defect in the design or other work prepared by CONSULTANT, its employees,
subcontractors, agents, and consultants.
ARTICLE 14
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the
United States mail to the address shown below, certified mail, return receipt requested, unless
otherwise specified herein. Mailed notices shall be deemed communicated as of three days
after mailing:
To CONSULTANT:
City Centric Planning, LLC
Phyllis Jarrell
To OWNER:
Anna Economic Development Corporation
Attn: Chief Administrative Officer
111 North Powell Parkway
P.O. Box 776
Anna, Texas 75409
With a mandatory copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three days after mailing.
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES
Page 8 of 11
ARTICLE 15
ENTIRE AGREEMENT
This Agreement constitutes the complete and final expression of the agreement of the
parties, and is intended as a complete and exclusive statement of the terms of their
agreements, and supersedes all prior or contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE 16
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder
of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such
event, the parties shall reform this Agreement to replace such stricken provision with a valid
and enforceable provision which comes as close as possible to expressing the intention of the
stricken provision.
ARTICLE 17
COMPLIANCE WITH LAWS
To the best of CONSULTANT'S reasonable information, knowledge and belief,
CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and
ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
ARTICLE 18
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTIrI F 1Q
PERSONNEL
A. CONSULTANT represents that it has or will secure, at its own expense, all personnel
required to perform all the services required under this Agreement. Such personnel
shall not be employees or officers of, or have any contractual relations with OWNER.
CONSULTANT shall inform OWNER of any conflict of interest or potential conflict of
interest that may arise during the term of this Agreement.
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES
Page 9 of 11
B. All services required hereunder will be performed by CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE 20
ASSIGNABILITY
CONSULTANT shall not assign any interest in this Agreement, and shall not transfer
any interest in this Agreement (whether by assignment, novation, or otherwise) without the
prior written consent of OWNER.
ARTICLE 21
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in
evidence in any proceeding arising between the parties hereto out of or affecting this
Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or
modification is in writing and duly executed; and the parties further agree that the provisions of
this section will not be waived unless as set forth herein.
ARTICLE 22
MISCELLANEOUS
A. To the extent of any conflict between the terms of this Agreement and the exhibits
attached to this Agreement, the terms and conditions of this Agreement will control over
the terms and conditions of the attached exhibits or task orders. The following exhibits
are attached to and made a part of this Agreement: Exhibit A.
B. No Third Party Beneficiaries: This Agreement is entered into solely for the benefit of
CONSULTANT and OWNER. It shall not be construed in any fashion which creates or
supports any cause of action by an outside party.
C. Exclusive jurisdiction and venue of any suit or cause of action under this Agreement
shall lie exclusively in Collin County, Texas. This Agreement shall be construed in
accordance with the laws of the State of Texas.
D. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Phyllis Jarrell. However, nothing herein shall limit CONSULTANT
from using other qualified and competent personnel to perform the services required
herein.
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES
Page 10 of 11
E. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance
with the provisions hereof. In accomplishing the projects, CONSULTANT shall take
such steps as are appropriate to ensure that the work involved is properly coordinated
with related work being carried on by OWNER as might be requested by OWNER, such
as any and all work performed by other consultants employed by OWNER.
F. OWNER shall assist CONSULTANT by placing at CONSULTANT's disposal all
available information pertinent to the Project, including previous reports, any other data
relative to the Project, and arranging for the access thereto, and make all provisions for
CONSULTANT to enter in or upon public and private property as required for
CONSULTANT to perform services under this Agreement.
G. CONSULTANT shall at all times maintain OWNER's confidential or proprietary
information in confidence and shall disclose same to third parties only as specifically
instructed by OWNER or as may be compelled under court order. Any disclosure of
privileged or confidential information by OWNER to CONSULTANT is in furtherance of
OWNER's purposes and is not intended to and does not waive any privileges that may
exist with regard to such information.
H. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the Anna Economic Development Corporation has caused this
Agreement to be executed by its duly authorized officer, and CONSULTANT has executed this
Agreement through its duly authorized undersigned officers.
officer on this the day of ,
APPROVED AS TO FORM: Anna Economic Development Corporation
WITNESS:
Clark McCoy
Attorney for OWNER
Jessica Perkins
Chief Administrative Officer
City Centric Planning LLC
mm
Phyllis Jarrell, its Managing Member
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES
Page 11 of 11
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
AUTHORIZING PROCUREMENT OF PROFESSIONAL SERVICES FOR
DEVELOPMENT OF PLANNED DEVELOPMENT ZONING AND DESIGN AND
DEVELOPMENT OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR A
PROPOSED BUSINESS PARK IN ANNA, TEXAS
WHEREAS, the Anna Economic Development Corporation (the "EDC") desires to
authorize their Chief Administrative Officer to procure the professional consulting
services of City Centric Planning, LLC ; and
WHEREAS, the EDC has determined that the above -referenced services, further
described in Exhibit A, are in the best interests of the EDC and will promote economic
development and expanded business enterprise in the City of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority to Execute Consulting Services Agreement
The Board of Directors of the Anna Economic Development Corporation authorizes the
Chief Administrative Officer to execute, on behalf of the EDC, and subject to approval of
the form and content by the EDC's legal counsel, a professional services agreement
with City Centric Planning, LLC as further described in Exhibit A, for professional
consulting services for development of a planned development zoning and design and
development of Covenants, Conditions, and Restrictions for the proposed business
park, said authority to include execution of all necessary documents to consummate the
business relationship with said consultant.
PASSED AND APPROVED by the Anna Economic Development Corporation this
day of
APPROVED:
, 2016.
ATTEST:
Constance Stump, EDC President Sherilyn Godfrey, EDC Secretary
ANNA EDC RESOLUTION NO. PAGE 1 OF 1
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 5.
EDC Agenda
Staff Report
Meeting Date: 1 /5/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action adopting a resolution approving a sponsorship agreement
with the Greater Anna Chamber of Commerce.
SUMMARY:
The EDC and CDC have historically supported the annual events of the GACC. For
the past several years the Corporations have entered into a fiscal year agreement for
sponsorship. The annual agreement has allowed for better planning and budgeting.
This past year, due to the sales tax reallocation election, staff suggested waiting on
executing a full year sponsorship with the Chamber. Now that staff is better informed
and aware of the changes that will come with the reallocation, the board is in a
position to move forward with a sponsorship for the remainder of the fiscal year.
Exhibit A attached for your review is the sponsorship agreement with the events the
Chamber has requested the board sponsor at a Platinum Level. The sponsorship will
before the Annual Banquet at $5,000 and July 4th Celebration in the amount of
$8,000.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description
Res. Chamber
Agreement - Exhibit A
Upload Date Type
12/22/2016 Resolution
12/26/2016 Backup Material
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
AUTHORZING THE CHIEF ADMINISTRATIVE OFFICER TO SIGN AN AGREEMENT
WITH THE GREATER ANNA CHAMBER OF COMMERCE
WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to
expend funds in support the efforts of the Chamber; and
WHEREAS, the EDC believes that funding the Chamber is a necessary promotional
expense for the EDC and the Anna Economic; and
WHEREAS, the EDC intends that said funds be used solely for the events outlined in
Exhibit A, insurance coverage, and permits necessary for the events; and
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The EDC hereby authorizes the Chief Administrative Officer to sign an agreement with
Greater Anna Chamber of Commerce attached hereto as EXHIBIT A.
Section 3. Approval of Funding
The EDC hereby authorizes the Chief Administrative Officer to charge the EDC's
promotional account in accordance with the procedures outlined in EXHIBIT A.
PASSED AND APPROVED by the Anna Economic Development Corporation this
day of , 2016.
APPROVED:
Connie Stump, EDC President
ATTEST:
Sherilyn Godfrey, EDC Secretary
EDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
Exhibit A
AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2017
THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made
by and between the Anna Economic Development Corporation ("EDC"), and the Greater
Anna Chamber of Commerce, Inc. ("GACC") and entered into on this day of
.2017.
Section 1. Summary
During the EDC's 2017 year, the EDC hereby promises to make certain payments to
the GACC to sponsor certain GACC events that GACC promises will promote the
EDC and the growth and the development of the City. The amount of each payment is
specified under this Agreement for each corresponding GACC event. Each payment is
to be provided to the GACC prior to each event, but is contingent upon GACC
providing a letter of intent to organize and hold the corresponding event and meet the
corresponding benchmarks set forth herein, as well as to adequately promote the EDC
and the City.
Section 2. Definitions
For purposes of this Agreement, the following meanings shall apply:
(a) City shall mean the City of Anna, Texas.
(b) EDC shall mean the Anna Economic Development Corporation, a Texas
nonprofit corporation.
(c) GACC shall mean the Greater Anna Chamber of Commerce, Inc., a Texas
nonprofit corporation.
(d) Sponsor shall mean a person or corporation that pays or provides something of
value to the GACC in connection with a GACC event in exchange for GACC
providing promotional marketing or any other benefits associated with the GACC
event.
(e) Sponsorship Benefits shall mean at least that amount of sponsorship
designation, advertising in print and broadcast media, marketing materials and
opportunities, onsite and offsite signage and marketing, public relations benefits
and all other benefits listed in this Agreement and/or otherwise available that
would promote the EDC to an extent equal to or greater than any other Sponsor
of the GACC event in question. In other words, Sponsorship Benefits shall
provide the EDC with 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 other Sponsor Designation includes and shall mean:
AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 1 OF 8
Exhibit A
(1) the EDC shall be named as a Sponsor of the GACC event, that the EDC
may use the same designation in all GACC-approved advertising,
merchandising and promotions; and
(2) the EDC shall have first right of refusal as a Sponsor of any subsequent
events arising out of any of the GACC events in future years.
Section 3. General Requirements
3.01 Letter of Intent
The GACC agrees to provide to the EDC a letter of intent thirty (30) days prior to each
event and prior to the payment to GACC of any EDC funds for such event. The letter
of intent will be drafted on a standard form attached as "Exhibit A", and incorporated
herein as if set forth in full. The letter of intent shall include a promise by the GACC to
organize and hold the specific event setting forth its purpose and goals including the
benchmark provisions set forth in this Agreement and shall constitute further binding
contractual responsibilities of the GACC to attain those benchmarks and adequately
promote the EDC. The letter of intent for any given event may set forth a different
amount requested to be paid by the EDC than the amount estimated for such event as
set forth in Section 4 of this Agreement.
3.02 Sponsorship Benefits
The GACC agrees to furnish all materials, equipment, tools and other items necessary
to provide Sponsorship Benefits to the EDC, and, in addition, all Sponsor
Designations, advertising in print and broadcast media, marketing materials and
opportunities, onsite and offsite signage and marketing, and all other public relations
and promotional benefits as further described in this Agreement under each specific
event.
Advertising in print and broadcast media includes the EDC's identification as Sponsor
on all print advertising secured promoting the GACC event. All such advertising shall
reference the EDC as: The City of Anna Economic Development Corporation.
Marketing materials and opportunities, onsite signage and marketing, and public
relations benefits will be provided for under each specific event in this Agreement.
Section 4. GACC Events
The GACC and EDC anticipate EDC sponsorship of the following events and provides
specific terms of compensation, Sponsorship Benefits, goals and benchmarks to
gauge promotional impact:
AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 2 OF 8
Exhibit A
4.01 Annual Banquet
Name/Purpose: 2017 Annual Banquet - Awards and appreciation banquet as well as
a promotional event for current and prospective businesses in our community.
Date, Time, Location of Event: 5:00pm — 11:00pm tentatively scheduled for Saturday,
February 18, 2017, Anna High School in Anna, TX
Estimated Compensation amount: $5,000.00
Sponsorship Obligations of GACC in addition to Sponsorship Benefits: One table at
the banquet; full -page advertisement placed on back of program; advertisement during
event including signage and in PowerPoint presentation
Promotional Benchmark Requirements: GACC will provide list of attendees
4.02 Anna Fireworks Event
Name/Purpose: 2017 Anna Fireworks Event, Community Festival
Date, Time, Location of Event: 8pm — Conclusion of Fireworks, Tuesday, July 4, 2017
at Anna ISD High School or Football Stadium
Estimated Compensation amount: $7,500.00
Sponsorship Obligations of GACC in addition to Sponsorship Benefits: EDC Logo on
pre -event banners; EDC Logo on registration form; listed as sponsor in newspaper
advertisement and article
Promotional Benchmark Requirements: GACC will provide and estimated number of
attendees
Section 5. Compensation
In consideration of the performance of GACC's obligations under this Agreement,
including the provision of Sponsorship Benefits described herein, the EDC agrees to
pay the GACC the total amount of compensation of $12,500 subject to the conditions
set forth in this Agreement. Before the EDC shall have any obligation to make any
payment to GACC with respect to any given event described in Section 4 of this
Agreement, the GACC must timely provide the EDC with a letter of intent —signed by
a GACC representative authorized to contractually bind the GACC—as described in
Section 3.01 of this Agreement and the GACC must submit said letter of intent to the
EDC before the applicable deadline for such event as set forth in Section 4 of this
Agreement. The total ($12,500) amount of compensation shall be made in three
separate payments with the amount of each payment being determined by the EDC by
electing one of the two following options per GACC event: (1) the estimated
compensation amount set forth in Section 4 of this Agreement; or (2) a different
AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 3 OF 8
Exhibit A
amount requested by GACC that is set forth in the letter of intent described in Section
3.01 of this Agreement and attached hereto as Exhibit A. If the EDC decides to honor
any GACC request for a different amount than what is set forth in Section 4 of this
Agreement, the EDC shall thereafter have discretion to alter the amount of payments it
makes with respect to any remaining events so that its overall compensation paid to
the Chamber under this Agreement does not exceed $12,500. The GACC shall
provide the EDC with a written receipt.
Section 6. Licenses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any
other costs required for any of the GACC events and to fulfill this Agreement. The
GACC shall take all reasonable steps necessary to ensure that all state, federal, and
local permitting and licensing requirements are met at all times during all GACC
events. The GACC must comply with all federal and state laws, and local ordinances
while organizing and participating in the GACC events.
Section 7. Independent Contractor Status/ Liability/ Indemnity
It is expressly understood and agreed that the EDC has no right of control,
supervision, or direction over any work performed by the GACC relating in any way to
the GACC's undertaking of any of its events (the "Work"), including but not limited to
its 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 complete any the Work. There shall be no joint control over the
Work. The GACC agrees to fully defend, indemnify and hold harmless the EDC
from any claim, proceeding, cause of action, judgment, penalty, or any other
cost or expense arising or growing out of, associated or in connection with the
Work. The indemnification includes, but is not limited to, attorney fees incurred
by the EDC in defending itself or in enforcing this Agreement. By entering into
this Agreement, GACC waives all rights and remedies in law or in equity except to
seek enforcement of specific performance, without any right to reimbursement of costs
or attorney fees, of the obligations under this Agreement. This provision is not
intended to and does not waive any of the EDC's governmental immunities, including
immunity from suit and liability.
Section 8. Insurance
GACC shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
conjunction with the performance of the Work or in any way related to the GACC's
undertakings performed in connection with the GACC events, including but not limited
to coverage for GACC, its agents, representatives, employees, contractors, or
subcontractors. The form and limits of such insurance, together with the underwriter
thereof in each case, must be acceptable to the EDC but regardless of such
acceptance it shall be the responsibility of the GACC to maintain adequate insurance
AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 4 OF 8
Exhibit A
coverage at all times. Failure of the GACC to maintain adequate coverage shall not
relieve the GACC of any contractual responsibility or obligation. Each policy shall
provide that there will be no alteration or modification which reduces coverage in any
way prior to 30 days written notice being given to the EDC. A copy of each policy, or at
the EDC's discretion, a certificate of insurance, shall be filed with the EDC Secretary.
Section 9. Default
9.01 Events of Default
The occurrence, at any time during the term of the Agreement, of any one or more of
the following events, shall constitute an Event of Default under this Agreement:
(a) the failure of GACC to timely provide the EDC with a properly executed letter of
intent in accordance with the terms of this Agreement prior to each event;
(b) the failure of the GACC event to occur on the scheduled date, or —if the event
cannot occur on the originally scheduled date due to inclement weather —the failure of
the GACC event to be rescheduled and occur in accordance with Section 17 of this
Agreement;
(c) the failure of GACC to provide the EDC with all Sponsorship Benefits enumerated
in this Agreement for each event;
(d) the failure of GACC to meet each promotional benchmark requirement;
(e) the failure of the EDC to pay the GACC according to the compensation terms of
each event when such payment may become due; and
(f) the EDC's or GACC's breach or violation of any of the material terms, covenants,
representations or warranties contained herein or GACC's failure to perform any
material obligation contained herein.
9.02 Uncured Events of Default
Upon the occurrence of an Event of Default by EDC that can be cured by the
immediate payment of money to GACC, EDC shall have 10 calendar days from
receipt of written notice from GACC of an occurrence of such Event of Default to cure
same before GACC may exercise any of its remedies as set forth in this Agreement.
Upon the occurrence of an Event of Default by GACC that does not include the failure
to abide by a deadline or to a failure described in Section 9.01(b), it shall have 10
calendar days from receipt of written notice from EDC of an occurrence of such Event
of Default to cure same, or, if same cannot be effectively cured within 10 calendar
days and fully and effectively provide EDC with the Sponsorship Benefits, the default
may be cured by refunding EDC's entire sponsorship fee, unless such Event of
Default creates or contributes to an emergency situation in which injury to persons or
AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 5 OF 8
Exhibit A
property reasonably appears imminent, in which case EDC is immediately entitled to
exercise or seek all rights available to it at law or in equity. If with respect to any given
event set forth in Section 4 of this Agreement, there is a failure of GACC to meet a
deadline or a failure described in Section 9.01(b), the EDC shall be entitled to a full
refund of any amounts paid by the EDC to GACC for such event.
Section 10. Amendment; Termination
This Agreement may not be amended except pursuant to a written instrument signed
by both parties. This Agreement shall terminate once both parties shall have
completed performance of their respective obligations hereunder.
AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 6 OF 8
Exhibit A
Notice
Notice as required by this Agreement shall be in writing delivered to the parties via
postage prepaid, U.S. certified mail, return receipt requested, at the addresses listed
below:
EDC
EDC President
Anna Economic Development Corporation
111 N. Powell Parkway
Anna, Texas 75409
GACC
GACC Director
Greater Anna Chamber of Commerce
218 W. 4th Street, Suite C
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.
Section 11. 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 the
parties hereto and are not intended to create or grant any rights, contractual or
otherwise, to any other person or entity.
Section 12. Entire Agreement
This Agreement represents the entire and integrated Agreement between EDC and
GACC and supersedes all prior negotiations, representations and/or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by both parties.
Section 13. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to
interpretation and performance. Any and all legal action necessary to enforce this
Agreement shall be brought in a court of competent jurisdiction in Collin County,
Texas or in the United States District Court for the Eastern District of Texas, Sherman
Division.
Section 14. Severability
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement shall be found to
be contrary to the law, or contrary to any rule or regulation having the force and effect
of the law, such decisions shall not affect the remaining portions of this Agreement.
AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 7 OF 8
Exhibit A
Section 15. Contract Interpretation
This Agreement is the result of negotiation between the parties, and shall, in the event
of any dispute over the meaning or application of any portion thereof, be interpreted
fairly and reasonably, and not to be more strictly construed against one party than
another, regardless of which party originally drafted the section in dispute. Time is of
the essence with respect to the deadlines set forth in this Agreement.
Section 16. Force Majeure
If a party is prevented or delayed from performing any of its obligations hereunder due
to 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
shall be suspended until such time as the event or condition no longer prevents or
delays 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.
Section 17. Inclement Weather
If the GACC cannot reasonably proceed with an event due to inclement weather, then
the GACC shall reschedule the event so that it occurs in reasonably close temporal
proximity to the original date scheduled for the event. A failure to so reschedule and
hold the event is a material breach of this Agreement.
Section 18. Assignment
It is understood and agreed that GACC shall not assign, sublet, or transfer any of the
rights and duties under the terms of this Agreement without the prior written approval of
the EDC.
Section 19. Effective Date
This Agreement shall be effective upon the date first stated herein, and performance
of such Agreement shall begin as soon thereafter as practicable.
IN WITNESS WHEREOF, EDC and GACC have executed this Agreement.
IN
Kevin Hall Constance Stump
Greater Anna Chamber of Commerce EDC President
AGREEMENT FOR SPONSORSHIP COMMITMENT 2017 PAGE 8 OF 8
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 6.
EDC Agenda
Staff Report
Meeting Date: 1 /5/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action adopting a resolution approving expenditure of funds for
regular janitorial cleaning services at 312 North Powell Parkway.
SUMMARY:
With more tenants at the Old Post Office building it is necessary for the EDC to take
on regular janitorial services to preserve and maintain the integrity of the building.
STAFF RECOMMENDATION:
Staff recommends you approve.
ATTACHMENTS:
Description Upload Date Type
Res. Cleaning Services 12/22/2016 Resolution
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO.
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR REGULAR
JANITORIAL SERVICES FOR 312 NORTH POWELL PARKWAY
WHEREAS, the Anna Economic Development Corporation (the "EDC") wishes to
expend funds for regular janitorial services for property at 312 N. Powell Parkway.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Funding
The EDC hereby authorizes the Chief Administrative Officer to execute a janitorial
agreement with and charge the EDC's maintenance and building
repair line item in the amount not to exceed $2500 annually for janitorial services for
the property located at 312 North Powell Parkway.
PASSED AND APPROVED by the Anna Economic Development Corporation this
day of )2016.
APPROVED:
Connie Stump, EDC President
ATTEST:
Sherilyn Godfrey, EDC Secretary
EDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 7.
EDC Agenda
Staff Report
Meeting Date: 1 /5/2017
Staff Contact: Jessica
Perkins
Update on 312 North Powell Parkway conversion to Inc -Cube.
, T� IJiF-AlZ'A
Staff has received lots of interest regarding Inc -Cube. To date staff has received 2
completed applications and 1st month's rent and one membership application and 1st
months dues.
The additional panels needed for the completion of the cubicle install should be
completed this week.
STAFF RECOMMENDATION:
None.
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 8.
EDC Agenda
Staff Report
Meeting Date: 1 /5/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action approving a resolution authorizing the expenditure of funds to
erect a monument sign at 312 North Powell Parkway.
SUMMARY:
With the conversion to Inc -Cube and the addition of tenants at 312 North Powell
Parkway, several potential tenants have asked about signage. Staff is proposing a
monument sign similar to the sign in front of city hall. Staff will work with the Planning
Department to determine the best location. Staff believes the project will not exceed
$5000.00
STAFF RECOMMENDATION:
Staff recommends you approve.
ECONOMIC
DEVELOPMENT
CORPORATION
AGENDA ITEM:
Item No. 10.
EDC Agenda
Staff Report
Meeting Date: 1 /5/2017
Staff Contact: Jessica
Perkins
Consider/Discuss/Action regarding adopting the minutes from November 3, 2016.
n/a
STAFF RECOMMENDATION:
Staff recommends you approve.