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HomeMy WebLinkAboutEDCRes2015.08.02ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA ECONOMIC DEVELOMENT CORPORATION APPROVING AN AGREEMENT FOR SPONSORSHIP COMMITMENT AND JOB TRAINING PROGRAM WITH THE ANNA EDUCATION FOUNDATION AND AUTHORIZING THE GRANT OF FUNDS UNDER SAID AGREEMENT WHEREAS, the Anna Economic Development Corporation (the "EDC") desires to grant funds in support of an economic development project that will support job training initiatives of the Anna ISD Career Training Program (CTE) and the Anna ISD Education Foundation that will create and retain prevailing -wage jobs, as required under Texas Local Government Code 501.162; and WHEREAS, the EDC has received a project proposal from the Anna ISD and Anna Education Foundation related to equipment needed for the CTE's Arts, AudioNideo Technology and Communications Program; and WHEREAS, the EDC has found that the Project will promote the EDC and new or expanded business development. 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 approves the Agreement for Sponsorship Commitment and Job Training Program ("Agreement") with the Anna Education Foundation, attached hereto as EXHIBIT A, incorporated herein for all purposes, and authorizes the EDC President to execute same on its behalf, subject to approval as to form by legal counsel for the EDC, final content by the EDC Chief Administrative Officer, and approval by City Council. Section 3. Approval of Funding The EDC hereby authorizes the Chief Administrative Officer to expend funds as grant proceeds in accordance with the Agreement. ANNA EDC RESOLUTION NO.�C� ����"�`� (06c) PAGE 1 OF 2 PASSED AND APPROVED by the Anna `-F",day of 2015. ATTEST: � 1 onstance Stump'--- EDC President Economic Development Corporation on this APPROVED: Sherilyn fly EDC Sede ANNA EDC RESOLUTION C0() PAGE 2 OF 2 Exhibit 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 the Anna Education Foundation (the "Business Enterprise"), a nonprofit business enterprise and entered into on this Vt day of September, 2015. Section 1, Purpose The purposes of this Agreement are to: (1) create new jobs in the City; (2) train persons entering the labor force in order to provide them with technical skills, knowledge, and training necessary to maintain successful careers; and (3) provide promotional services to the EDC. Section 2, Definitions For purposes of this Agreement, the following meanings shall apply: a) City means the City of Anna, Texas. b) EDC means the Anna Economic Development Corporation, a Texas Type A Economic Development Corporation formed by the City. c) Effective Date means the date upon which all of the following have occurred: the EDC and the Business Enterprise fully execute and deliver this Agreement; the City approves of the EDC entering into this Agreement. d) Sponsor means a person or corporation that pays or provides something of value to the Business Enterprise in connection with the operations of the Business Enterprise related to job training in exchange for the Business Enterprise providing Sponsorship Benefits. e) Sponsorship Benefits means at least that amount of sponsorship designation, advertising in print and broadcast media, marketing materials and opportunities, 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. 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 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 EDC that it will establish a job -training program to create new jobs that pay wages that are at least equal to the prevailing wage for the applicable occupation in the Collin County labor market. Specifically, the Business_ Enterprise shall establish and maintain a Career Training Education program (the "Program"). Establishment and operation of the Program must create at least 10 jobs in or near the City at prevailing wages. The Program shall be established on or before December 31, 2015 and shall be maintained and operated until at least May 31, 2018. The Business Enterprise will use all of the funds provided by the EDC under this Agreement to establish and operate the Program and promote the EDC. Any unused funds shall be returned to the EDC within 10 business days of termination of the Program. 3.02 Funding The EDC will fund the Program in the amount of $49,450.00. Said funding shall be the EDC's only obligation under this Agreement. The EDC will provide the funding to the Business Enterprise within 10 days of the Effective Date. 3.03 Sponsorship Benefits a) The Business Enterprise agrees to furnish all materials, equipment, tools and other items necessary to provide Sponsorship Benefits to the EDC, including advertising in print and social media, other marketing materials, and all other public relations and promotional benefits as further described in this Agreement. b) Advertising in print and social media includes the EDC's identification as Sponsor on all print advertising and social media promoting the Program. All such advertising shall reference the EDC as: The City of Anna Economic Development Corporation. The EDC shall have final approval authority of all promotional materials and such approval must be obtained from the EDC's Chief Administrative Officer in writing before such materials are used in any form of promotion. c) As a condition to the EDC funding the Program, the Business Enterprise must execute and deliver to the EDC the copyright license agreement, attached hereto as Exhibit 1. Section 4. Liability and Indemnity 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 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 AND RELATED EXPENSES INCURRED BY THE EDC IN DEFENDING ITSELF OR IN ENFORCING THIS AGREEMENT. By entering into this Agreement, the Business Enterprise 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 without limitation immunity from suit and liability. Section 6. Insurance The Business Enterprise shall procure and maintain, for the duration of the Program, 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 Business Enterprise's undertakings performed in connection with the Program or otherwise, including but not limited to coverage for the Business Enterprise, its agents, representatives, employees, contractors, and 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 Business Enterprise to maintain adequate insurance coverage at all times. Failure of the Business Enterprise to maintain adequate coverage shall not relieve the Business Enterprise 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's Chief Administrative Officer. Section 6. Default 6.01 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 the Business Enterprise to provide the EDC with all Sponsorship 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 d) the Business Enterprise's breach or violation of any of the material terms, covenants, representations or warranties contained herein or the Business Enterprise's failure to perform any material obligation contained herein. 6.02 Uncured Events of Default Upon the occurrence of an Event of Default by EDC that can be cured by the payment of money to the Business Enterprise, EDC shall have 10 business days from receipt of written notice from the Business Enterprise of an occurrence of such Event of Default to cure same before the Business Enterprise may exercise any of its remedies as set forth in this Agreement. Upon the occurrence of an Event of Default by the Business Enterprise that does not include the failure to abide by a deadline, it shall have 10 business 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 business days and fully and effectively provide EDC with the Sponsorship Benefits, the default may be cured by refunding EDC's entire sponsorship fee. Section 7, 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. Section 8, 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 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 the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 10. Entire Agreement This Agreement represents the entire and integrated Agreement between EDC and the Business Enterprise 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 11. 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. Section 12. 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. Section 13. Agreement 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 14. 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. 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 without the prior written approval of the EDC. IN WITNESS WHEREOF, EDC and the Business Enterprise have executed this Agreement. By: Greta dams Anna Education Foundation Debbie Dumas Anna Education Foundation \t onst nce St p i. EDC President AGREEMENT FOR SPONSORSHIP COMMITMENT AND JOB TRAINING PROGRAM PAGE 6 OF 6 CITY OF ANNA, TEXAS RESOLUTION NO. 2015-08-07 (Agreement AISD for CTE) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AN AGREEMENT FOR SPONSORSHIP COMMITMENT AND JOB TRAINING PROGRAM BETWEEN THE ANNA ECONOMIC DEVELOPMENT CORPORATION AND THE ANNA EDUCATION FOUNDATION AND AUTHORIZING THE GRANT OF FUNDS UNDER SAID AGREEMENT WHEREAS, the City of Anna City Council has received a request from the Anna Economic Development Corporation (the "EDC") to grant funds in support of an economic development project that will support job training initiatives of the Anna ISD Career Training Education Program (CTE) and the Anna ISD Education Foundation that will create and retain prevailing -wage jobs, as required under Texas Local Government Code 501.162; and WHEREAS, the City of Anna City Council has reviewed the project proposal received by the EDC from the Anna ISD and Anna Education Foundation related to equipment needed for the CTE's Arts, Audio/Video Technology and Communications Program; and WHEREAS, the City of Anna City Council has found that the Project will promote the EDC and new or expanded business development. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority for Project, Agreement, and Expenditure The City of Anna City Council approves the EDC entering into the Agreement for Sponsorship Commitment and Job Training Program ("Agreement") with the Anna Education Foundation and authorizes the EDC to grant the funds as described in the "Agreement", attached hereto as EXHIBIT A, incorporated herein for all purposes. PASSED AND APPROVED by the City Council of the City of Anna this 1 st day of September, 2015. ATTEST: OF . City Secretary Carrie :Smith ���A� RESOLUTION NO.2015-08-07 (Agreement A/SD for CTE) R V5it,Mike Grist ■ 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 Corporation logo) (referenced hereinafter as "the Works"), a color copy of the Works being attached hereto as Exhibit A and incorporated herein for all purposes. Licensee desires to obtain a license to use the Works and Licensor is willing to grant such a license on the terms set forth in this Agreement. For the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: Section 1. License Grant. Licensor grants to Licensee, and only to Licensee, the right to use the Works in the United States for the term set forth in this Agreement. Licensor retains the right to use the Works according to its normal use. The license granted in this Agreement gives Licensee the right to make copies of the Works and to electronically distribute such copies to the public according to the conditions and limitations as provided for in this Agreement. Section 2. Term. This Agreement shall be effective at all times until the termination of the Program. For the purposes of this paragraph, "Program" has the same meaning established in the Agreement for Sponsorship Commitment and Job Training Program entered into by Licensor and Licensee. Section 3. Conditions and Limitations. Licensee's use of the Works will be subject to receiving advanced written approval from Licensor as to the content of all marketing materials and any other materials that Licensee proposes for distribution or other use at any time that is related to or in any way associated with Licensor or the Works. Section 4. Consideration. The license granted to Licensee shall be without consideration or payment of any royalties, but is conditioned as set forth in this Agreement. Section 5. Termination. This Agreement may terminate by Licensor: (1) upon the expiration of ten days after Licensor provides written notice to Licensee at any time prior to the end of the term or any extension thereto; or (2) immediately upon Licensor giving Licensee written notice of termination due to a breach of the conditions of this License. Notice will be provided to the address for Licensee listed in this Agreement. Section 6. Copyright Notice. Licensee agrees that on all copies of the Works, Licensee will place or cause to be placed the appropriate copyright notice, e.g. 2015 Anna Economic Development Corporation. Section 7. Miscellaneous. This Agreement may not be assigned by Licensee without the advance written consent of Licensor, which must be in the form of a written amendment or addendum to this Agreement. This Agreement will be governed by and construed in accordance with the laws of the State of Texas and exclusive jurisdiction, venue, and forum shall be in Collin County, Texas. LICENSEE AGREES TO FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS LICENSOR AND ITS EMPLOYEES, OFFICIALS, OFFICERS, REPRESENTATIVES, ATTORNEYS, AND AGENTS (HEREINAFTER COLLECTIVELY REFERENCED AS "INDEMNITEES") 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 LICENSEE'S USE OF THE WORKS, PROVIDED, HOWEVER, THAT LICENSEE SHALL NOT BE REQUIRED TO INDEMNIFY LICENSOR FOR ANY DAMAGES OR OTHER AMOUNTS INCURRED BY INDEMNITEES FOR WHICH THE SOLE PROXIMATE CAUSE IS THE NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL CONDUCT OF INDEMNITEES. LICENSEE'S DUTY TO INDEMNIFY AND HOLD HARMLESS INCLUDES, BUT IS NOT LIMITED TO, ATTORNEY FEES AND RELATED EXPENSES INCURRED BY LICENSOR IN DEFENDING ITSELF OR IN ENFORCING THIS AGREEMENT. BY ENTERING INTO THIS AGREEMENT, LICENSEE WAIVES ALL RIGHTS AND REMEDIES IN LAW OR IN EQUITY EXCEPT TO SEEK ENFORCEMENT OF SPECIFIC PERFORMANCE OF THE OBLIGATIONS UNDER THIS AGREEMENT. THIS PROVISION IS NOT INTENDED TO AND DOES NOT WAIVE ANY OF INDEMNITEES' GOVERNMENTAL IMMUNITIES, INCLUDING WITHOUT LIMITATION IMMUNITY FROM SUIT AND LIABILITY. LICENSEE: Anna Education Foundation By: DA- i De bie Dumas Exhibit A _— CITY OF AN NA, TEXAS I Y{OUR} HOMETOWN WWW.ANNATEXAS.GOV ECONOMIC DEVELOPMENT CORPORATION YfouRl HOME TOWN ,r Anna ISD Education Foundation p. 41 August 18, 2015 City of Anna EOC 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 is the development of partnerships such as these that will allow our students to learn, apply and utilize a life skill beyond high 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 a II district technology needs. These wages are paid to these students at a rate of$10.00 an hour which is above the minimum 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 appreciation for the donation is to at some point have our students conduct a commercial/video forthe City of Anna. There are great things happening in our community and this would be another learning experience for our students. Once again the AISD Education 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. ANNA 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. 12