HomeMy WebLinkAboutCDCRes2009.02.03ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO. Z008-- 0(CQG)
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR EMPLOYEE SERVICES
AND APPOINTING THE POSITION OF CHIEF ADMINISTRATIVE OFFICER
WHEREAS, the Anna Community Development Corporation (the "CDC"), has received
a nomination from the City Manager that Jessica Perkins be appointed to fill the position
of Chief Administrative Officer; and
WHEREAS, the CDC believes that Jessica Perkins, the Assistant to the City Manager
of the City of Anna, Texas is qualified to discharge the duties of Chief Administrative
Officer for the CDC and to act as an agent for the CDC in assisting it in its
administrative operations; and
WHEREAS, the CDC is authorized under its Bylaws, Art. III, Sec. 7(b), to contract with
the City of Anna ("City") to utilize the services of City employees to the extent approved
by the City; and
WHEREAS, the CDC desires to contract for the services of a City employee to
undertake the duties and responsibilities of CDC Chief Administrative Officer;
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. Appointment of Jessica Perkins
Jessica Perkins is hereby appointed as Chief Administrative Officer of the CDC and is
hereby authorized to act in said administrative capacity on behalf of the CDC as set
forth in the CDC's Bylaws.
Section 3. Authorization to Execute Agreement for City Employee Services
The CDC approves the Agreement for City Employee Services considered this day and
authorizes the CDC President to execute said Agreement on its behalf.
CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
PASSED AND AP ROVED by the Anna Community Development Corporation this
4� day of , 2001
APPROVED:
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C resid t
ATTEST:
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DC Secre ry
CDC OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
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 accordance with the Bylaws of the Anna Community Development Corporation, Art. III, Sec.
7(b), and 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 CDC's Chief
Administrative Officer.
Section 2. CDC's Obligations
The CDC shall annually pay one quarter of the annual salary, benefits, and proportional
overhead charges incurred by the City to fill a City employee position with responsibilities that
include the administration of the City's economic development activities. The City shall appoint
such person, after nomination by the City Manager, as the CDC's Chief Administrative Officer,
with all of the associated powers and duties set forth in the CDC's Bylaws.
Section 3. City's Obligations
The City agrees to fill a City employee position with a person who has the requisite skills and
background to serve the City's needs with respect to its economic development activities. The
City shall allocate a portion of the time and effort of said person to adequately perform the
duties of the CDC Chief Administrative Officer position, however, 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 amount due under this Agreement 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 compensation
required to be paid under this Agreement and the CDC shall pay to the City the amount due
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.
Section 5. Term and Termination
The initial term of this Agreement is from the date of execution of the parties until September
307 2009. This Agreement shall automatically renew on September 30 of each subsequent
year, unless one of the parties provides written notice to the other rty on or for J 30
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 1 OF 3
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 Community 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.
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.
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 2 OF 3
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 WHEREOF, CDC and the City have executed this Agreement.
J
By:
F�iilip Sa ders D Drisk
City Mana er CDC President
City o n
Date-..� Date:
Attest:Attest:Wilkisherilyn G fNa uo, re,Jy, CDC S reta
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 3 OF 3