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HomeMy WebLinkAboutCDCRes2013.11.01ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION (COC) A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION AUTHORIZING EXECUTION OF AN AGREEMENT FOR CITY OF ANNA EMPLOYEE FINANCE AND ACCOUNTING SERVICES WHEREAS, the Anna Community Development Corporation (the "CDC"), has a need for finance and accounting services, and WHEREAS, the CDC believes that Finance and Accounting Department of the City of Anna, Texas is qualified to discharge these duties; and WHEREAS, the CDC desires to authorize their Chief Administrative Officer to procure the services of the City's Finance and Accounting Department to undertake the duties and responsibilities related to finance and accounting; NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY 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. Authorization to Execute Agreement for City Employee Services The Board of Directors of the Anna Community Development Corporation approves the Agreement for City Employee Services (Exhibit A) considered this day and authorizes the CDC President to execute, on its behalf, a contract with the City of Anna for finance and accounting services at the rate not to exceed $2000.00 per fiscal year without further CDC approval. PASSED AND APPROVED by the Anna Community Development Corporation this 2I S `day of )Oyznn-f Y_1 , 2013. APPROVED: ATTEST - Jon Houcek, CDC President Sherilyn Godfij3y, CDC Secr6fary CDC OF ANNA, TEXAS RESOLUTION NO �00 -//-"/ 0'0C) PAGE 1 OF 1 AGREEMENT FOR CITY EMPLOYEE SERVICES THIS AGREEMENT FOR CITY EMPLOYEE SERVICES ("Agreement") is made by and between the Anna Community Development Corporation ("CDC"), and the City of Anna, Texas ("city") Section 1. Purpose In exchange for services of City staff to be provided to the CDC, the CDC will pay the City compensation for the services of a City employee, who shall dedicate reasonable and necessary time and effort to accomplish the duties and responsibilities of the assigned task to support the CDC's Chief Administrative Officer. Section 2. CDC's Obligations The CDC shall annually pay for services rendered by the City's Finance and Accounting staff ("Finance Department") related to tracking, reporting, and preparing the CDC's monthly and annual finance statement and audit. On or about the 10th of each month, the CDC will prepare and submit to the Finance Department details of all expenditures including but not limited to copies of checks, copies of invoices, purchase orders, bank statements, and other documents and information that are relevant to the CDC's financial operations. In addition, the CDC will provide all necessary information related to lease agreements, loan agreements, bond documents, the sale of assets, etc. prior to the execution of said agreements. All current agreements entered into prior to the execution of this contract will be provided to the Finance Department staff within 30 days of execution of this Agreement. Section 3. City's Obligations The City agrees to fill or designate a City employee position requiring the requisite skills and background to serve the City's needs with respect to its economic development finance and accounting activities. The City shall allocate a portion of the time and effort of the person filling said position to adequately perform the duties associated with the tracking, reporting, and preparing of the CDC's monthly and annual finance statements and audit. The management of and authority over said person is vested solely in the City Manager. Section 4. Payment Procedure Within 30 days of the execution of this Agreement by the parties, the CDC shall pay to the City the annual amount due under this Agreement of $2000.00 (the "Annual Amount") upon receipt of an invoice from the City. On or near the annual renewal date of this Agreement, the City shall invoice the CDC for the Annual Amount under this Agreement and the CDC shall pay to the City the Annual Amount within 30 days of its receipt of the invoice. Payment by the CDC is not refundable unless the City terminates this Agreement before the end of the annual term, in which case the City shall refund to the CDC a proportional amount of the paid invoice that corresponds with the time period between the date of termination of this Agreement and the end of the City's fiscal year. The dollar figure of the Annual Amount may be adjusted from time to time by mutual agreement in the form of a written amendment to this Agreement. AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 1 OF 3 Section 5. Term and Termination The initial term of this Agreement is from the date of execution of the parties until September 30, 2014. This Agreement shall automatically renew on October 1 of each subsequent year, unless one of the parties provides written notice to the other party on or before June 30 of such year. Any such termination shall not take effect until 90 days after said written notice has been provided in accordance with this Agreement. Section 6. Amendment This Agreement may not be amended except pursuant to a written instrument signed by both parties. Section 7. Notice To be effective, notice as required by this Agreement shall be in writing and delivered via U.S. certified mail, return receipt requested, at the addresses listed below: CDC CDC Secretary Anna Economic Development Corp. 111 N. Powell Parkway Anna, Texas 75409 City City Manager City of Anna 111 N. Powell Parkway Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the mailing - address information listed in this section. Section 8. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to either party or either party's officials, officers, agents or employees 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, including but not limited to the person designated as Chief Administrative Officer. Section 9, Entire Agreement This Agreement represents the entire and integrated Agreement between CDC and the City 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. AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 2 OF 3 Section 10. 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 11. 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 12. 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. Section 13. Force Majeure If a party is prevented or delayed from performing any of its obligation 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. IN WITNESS OF, CDC and the City have executed this Agreement. By: By: UAM-," ilip anders hn Houcek C y Ma ager VDC President Ci n Date: Date: % / Attest-. Attest: j N a Wilkison, City Secretary City ecretary AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 3 OF 3