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HomeMy WebLinkAboutCDC-EDCpkt2021-10-07:iifia OF wCDC G R O U N D B R E A K I N G P O S S I B I L I T I E S THE CITY OF nna wEDC G R O U N D B R E A K I N G P O S S I B I L I T I E S MEETING AGENDA ANNA COMMUNITY DEVELOPMENT CORPORATION AND ANNA ECONOMIC DEVELOPMENT CORPORATION Thursday, October 7, 2021 @ 6:00 PM The EDC/CDC of the City of Anna will meet at 6:00 PM, on October 7, 2021, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items below. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Neighbor Comments. Persons may address the Board of Directors on items not on the agenda; please observe the time limit of three (3) minutes. Members of the Board cannot comment on or deliberate statements of the public except as authorized by Section 551.042 of the Texas Government Code. 4. Consent Agenda. a. Consider/Discuss/Act on approving minutes from the August 5, 2021 Joint Community Development Corporation and Economic Development Corporation Meeting. (CDC) b. Consider/Discuss/Act on approving minutes from the August 5, 2021 Joint Community Development Corporation and Economic Development Corporation Meeting. (EDC) 5. Individual Consideration. a. Consider/Discuss/Act on a resolution approving an Agreement with Cooksey Communications for marketing/promotional services. (CDC) 6. Director's Report. a. Sales Tax Reports 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 executive 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. b. Budget Reports C. Upcoming Events d. ICSC December Trade Show e. Strategic Plan Update 7. Closed Session. a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; Anna Business Park. Lease agreement. b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); Grant program; Lease agreement and professional services contract. c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or, (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) Anna Business Park Property; potential retail and medical projects. 8. Reconvene into open session and take any action on closed session items. 9. Receive reports from staff or Board Members about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after posting of the agenda. 10. Adjourn. This is to certify that I, Joey Grisham, Director, 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 October 4, 2021. Joey Grisham, Director of Economic 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 executive 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. Development 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 executive 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. A:i HE CITY OF na W,'CDC R 0 U N D B R E A K I N PO S S I BII_ITI E S THE CITY OF Ana '41,.. FDC P 0 U N D B R E A K I N G P O S S I B I L J T I E S AGENDA ITEM: Consent Agenda. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: EDC/CDC Agenda Staff Report Meeting Date: 10/7/2021 Staff Contact: A:i HE CITY OF na W,'CDC R 0 U N D B R E A K I N PO S S I BII_ITI E S THE CITY OF Ana '41,.. FDC I000 • "W11 EDC/CDC Agenda Staff Report Meeting Date: 10/7/2021 Staff Contact: P 0 U N D B R E A K I N G P O S S I B I L J T I E S AGENDA ITEM: Consider/Discuss/Act on approving minutes from the August 5, 2021 Joint Community Development Corporation and Economic Development Corporation Meeting. (CDC) 1+411LT, ILTi1_1Zvi [+3IF_1a00*%1LT, ILTi14z117_11Eel kiI /_,Iir_[91:ILT, 140k&I 1. August 5th 2021 CDC EDC Joint Meeting Minutes Officers: Anthony Richardson, President Bruce Norwood, Vice -President Rocio Gonzalez, Secretary ATHE CITY OF nna wCDC G R O U N D B R E A K I N G P O S S I B I L I T I E S Staff: Joey Grisham, Economic Development Director Taylor Lough, Economic Development Manager Nathaniel Johnson, Economic Development Intern ATHE CITY OF nna A I— L G R O U N D B R E A K I N G P O S S I B I L I T I E S Anna Community Development Corporation and Anna Economic Development Corporation Regular Meeting Minutes Thursday, August 5, 2021, at 6:00 pm Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The Anna Community Development Corporation and the Anna Economic Development Corporation conducted a regular called meeting at 6:00 p.m. on Thursday, August 5, 2021, at the Anna City Hall Council Chambers, 111 N. Powell Pkwy. Anna, Texas 75409. A video recording of the open session portions of the meeting may be viewed online at the City of Anna's website: https://www.annatexas.gov/962/AgendasMinutes CDC and EDC Board Members Present: Anthony Richardson, Michelle Hawkins, Kylee Kelley, and Shane Williams. CDC and EDC Board Members Absent: Rocio Gonzalez, Matthew Seago, and Bruce Norwood. Others Present: Joey Grisham (Economic Development Director), Taylor Lough (Economic Development Manager), Nathaniel Johnson (Economic Development Intern), Mayor Nate Pike, and Lee Miller (Anna City Council Mayor Pro Tem). Others Participating Remotely: Clark McCoy (Attorney). 1. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:02 p.m. 2. Invocation and Pledge. Invocation and Pledge of Allegiance were led by Anthony Richardson. 3. Neighbor Comments. None. 4. Consent Agenda. a. Consider/Discuss/Act on Community Development Meeting. (CDC) b. Consider/Discuss/Act on Community Development Meeting. (EDC) approving minutes from the July 5, 2021, Joint Corporation and Economic Development Corporation approving minutes from the July 5, 2021, Joint Corporation and Economic Development Corporation Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Bruce Norwood, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Nathaniel Johnson, Economic Development Intern Anthony Richardson made a motion on behalf of the CDC and EDC to approve the consent agenda. Shane Williams seconded the motion. All were in favor. Motion passed. 5. Individual Consideration 6. Director's Report a. NTCAR Expo - September 2nd The North Texas Commercial Association of Realtors (NTCAR) Expo has been scheduled for Thursday, September 2nd from 3:00 to 7:00 p.m. at Gilley's Dallas. Please let staff know if you plan to attend as the EDC is a sponsor. It is good to have Board Members at the booth to chat with attendees. b. July Strategic Plan Update Staff reported strong website analytics from all webpages including the google business page. Staff met with the new Executive Director Angie Toles of the Greater Anna Chamber of Commerce, and more follow-up conversation are to come. Staff met with Baylor Scott and White McKinney President Erin Blair. The group is looking to do something in the area, and they will be meeting at their Dallas office next week to pitch the idea. Staff will continue to provide information to the group. c. Downtown Plan and Incentives Staff is working on downtown incentives policy. Staff is looking at other cities downtown incentives as a guide. Furthermore, staff is working on the downtown plan which includes rezoning, changing dated city ordinance, updating the water tower, and branding. d. Economic Development Recap Great event. Speakers did a great job. The message of Anna being open for business was clearly communicated. EDC plans to host more micro events in the future and have events geared towards targeted audiences. 7. CLOSED SESSION (exceptions): A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; Anna Business Park. B. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); Grant program; Lease Agreement and promotional contract. C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or, (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) Anna Business Park Property; potential retail and medical projects. Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Bruce Norwood, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Nathaniel Johnson, Economic Development Intern Michelle Hawkins made a motion to enter closed session. Kylee Kelly seconded the motion. All were in favor. Motion passed. CDC Board entered closed session at 6:40 p.m. 8. Reconvene into open session and take any action on closed session items. Michelle Hawkins made a motion to reconvene into open session. Kylee Kelly seconded the motion. All were in favor. Motion passed. The CDC reconvened into open session at 7:01 p.m. Anthony Richardson made a motion to approve a real estate contract for the Anna Business Park. Shane Williams seconded the motion. All were in favor. Motion passed. 9. Receive reports from staff or Board Members about items of community interest. Lee Miller (Anna City Council Mayor Pro Tem) thanked the board members for their commitment to the city of Anna's Economic and Community Development Corporations. He asked that members call an EDC/CDC staff member ahead of the meeting if you are unable to attend the board meeting, and asked board members be mindful of what they post on social media, as they represent the City of Anna. 10. Adjourn. Anthony Richardson made a motion to adjourn the meeting at 7:04 pm. Kylee Kelly seconded the motion. All were in favor. Motion passed. APPROVED: ATTESTED: Anthony Richardson President of CDC/EDC Rocio Gonzalez Secretary of CDC/EDC A:i HE CITY OF na W,'CDC R 0 U N D B R E A K I N PO S S I BII_ITI E S THE CITY OF Ana '41,.. FDC IIMM1 0 • "■:a EDC/CDC Agenda Staff Report Meeting Date: 10/7/2021 Staff Contact: P 0 U N D B R E A K I N G P O S S I B I L J T I E S AGENDA ITEM: Consider/Discuss/Act on approving minutes from the August 5, 2021 Joint Community Development Corporation and Economic Development Corporation Meeting. (EDC) 1+411LT, ILTi1_1Zvi [+3IF_1a00*%1LT, ILTi14z117_11Eel kiI /_,Iir_[91:ILT, 140k&I 1. August 5th 2021 CDC EDC Joint Meeting Minutes Officers: Anthony Richardson, President Bruce Norwood, Vice -President Rocio Gonzalez, Secretary ATHE CITY OF nna wCDC G R O U N D B R E A K I N G P O S S I B I L I T I E S Staff: Joey Grisham, Economic Development Director Taylor Lough, Economic Development Manager Nathaniel Johnson, Economic Development Intern ATHE CITY OF nna A I— L G R O U N D B R E A K I N G P O S S I B I L I T I E S Anna Community Development Corporation and Anna Economic Development Corporation Regular Meeting Minutes Thursday, August 5, 2021, at 6:00 pm Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The Anna Community Development Corporation and the Anna Economic Development Corporation conducted a regular called meeting at 6:00 p.m. on Thursday, August 5, 2021, at the Anna City Hall Council Chambers, 111 N. Powell Pkwy. Anna, Texas 75409. A video recording of the open session portions of the meeting may be viewed online at the City of Anna's website: https://www.annatexas.gov/962/AgendasMinutes CDC and EDC Board Members Present: Anthony Richardson, Michelle Hawkins, Kylee Kelley, and Shane Williams. CDC and EDC Board Members Absent: Rocio Gonzalez, Matthew Seago, and Bruce Norwood. Others Present: Joey Grisham (Economic Development Director), Taylor Lough (Economic Development Manager), Nathaniel Johnson (Economic Development Intern), Mayor Nate Pike, and Lee Miller (Anna City Council Mayor Pro Tem). Others Participating Remotely: Clark McCoy (Attorney). 1. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:02 p.m. 2. Invocation and Pledge. Invocation and Pledge of Allegiance were led by Anthony Richardson. 3. Neighbor Comments. None. 4. Consent Agenda. a. Consider/Discuss/Act on Community Development Meeting. (CDC) b. Consider/Discuss/Act on Community Development Meeting. (EDC) approving minutes from the July 5, 2021, Joint Corporation and Economic Development Corporation approving minutes from the July 5, 2021, Joint Corporation and Economic Development Corporation Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Bruce Norwood, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Nathaniel Johnson, Economic Development Intern Anthony Richardson made a motion on behalf of the CDC and EDC to approve the consent agenda. Shane Williams seconded the motion. All were in favor. Motion passed. 5. Individual Consideration 6. Director's Report a. NTCAR Expo - September 2nd The North Texas Commercial Association of Realtors (NTCAR) Expo has been scheduled for Thursday, September 2nd from 3:00 to 7:00 p.m. at Gilley's Dallas. Please let staff know if you plan to attend as the EDC is a sponsor. It is good to have Board Members at the booth to chat with attendees. b. July Strategic Plan Update Staff reported strong website analytics from all webpages including the google business page. Staff met with the new Executive Director Angie Toles of the Greater Anna Chamber of Commerce, and more follow-up conversation are to come. Staff met with Baylor Scott and White McKinney President Erin Blair. The group is looking to do something in the area, and they will be meeting at their Dallas office next week to pitch the idea. Staff will continue to provide information to the group. c. Downtown Plan and Incentives Staff is working on downtown incentives policy. Staff is looking at other cities downtown incentives as a guide. Furthermore, staff is working on the downtown plan which includes rezoning, changing dated city ordinance, updating the water tower, and branding. d. Economic Development Recap Great event. Speakers did a great job. The message of Anna being open for business was clearly communicated. EDC plans to host more micro events in the future and have events geared towards targeted audiences. 7. CLOSED SESSION (exceptions): A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; Anna Business Park. B. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); Grant program; Lease Agreement and promotional contract. C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or, (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) Anna Business Park Property; potential retail and medical projects. Officers: Staff: Anthony Richardson, President Joey Grisham, Economic Development Director Bruce Norwood, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Nathaniel Johnson, Economic Development Intern Michelle Hawkins made a motion to enter closed session. Kylee Kelly seconded the motion. All were in favor. Motion passed. CDC Board entered closed session at 6:40 p.m. 8. Reconvene into open session and take any action on closed session items. Michelle Hawkins made a motion to reconvene into open session. Kylee Kelly seconded the motion. All were in favor. Motion passed. The CDC reconvened into open session at 7:01 p.m. Anthony Richardson made a motion to approve a real estate contract for the Anna Business Park. Shane Williams seconded the motion. All were in favor. Motion passed. 9. Receive reports from staff or Board Members about items of community interest. Lee Miller (Anna City Council Mayor Pro Tem) thanked the board members for their commitment to the city of Anna's Economic and Community Development Corporations. He asked that members call an EDC/CDC staff member ahead of the meeting if you are unable to attend the board meeting, and asked board members be mindful of what they post on social media, as they represent the City of Anna. 10. Adjourn. Anthony Richardson made a motion to adjourn the meeting at 7:04 pm. Kylee Kelly seconded the motion. All were in favor. Motion passed. APPROVED: ATTESTED: Anthony Richardson President of CDC/EDC Rocio Gonzalez Secretary of CDC/EDC A:i HE CITY OF na W"CDC R 0 U N D B R E A K I N PO S S I BII_ITI E S THE CITY OF Ana '41,.. FDC I00015.>I.' EDC/CDC Agenda Staff Report Meeting Date: 10/7/2021 Staff Contact: R 0 u N D B R E A K I N G P O S S I B I L J T I E S AGENDA ITEM: Consider/Discuss/Act on a resolution approving an Agreement with Cooksey Communications for marketing/promotional services. (CDC) 1+411LT, ILTi1_1Zvi As the Board is aware, the EDC/CDC has been working with Cooksey Communications for a few years now and is very pleased with the results. Cooksey is an integral part of our success as they developed a comprehensive marketing plan, created the new logos, and provided recommendations on the highest and best use of marketing funds. Since the previous contract expired at the end of September, staff recommends a new annual contract for FY 2022. STAFF RECOMMENDATION: Approve the resolution. ATTACHMENTS: 1. Marketing. Resolution 2. Cooksey Communications FY 2022 final 9.30.21 ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION APPROVING AND AUTHORIZING AN AGREEMENT WITH COOKSEY COMMUNICATIONS, INC., FOR THE EXPENDITURE OF FUNDS FOR MARKETING AND PROMOTIONAL PURPOSES WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to expend funds for marketing and promotional purposes to provide website updates, marketing and public relations consulting services, advertising campaign, development of brochures, videos, and other marketing collateral, and digital and social media campaigns. 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. Approval of Funding The CDC hereby authorizes the Board President to execute a contract for marketing, advertising, and promotional services and to charge the CDC's contract services line item in an amount not to exceed $70,000 in the Fiscal Year 2021-2022 for marketing and promotional services for community and economic development purposes. PASSED AND APPROVED by the Anna Community Development Corporation this 7t" day of October 2021. APPROVED: Anthony Richardson, CDC President ATTEST: Rocio Gonzalez, CDC Secretary LETTER OF AGREEMENT THIS AGREEMENT ("Agreement") is effective as of October 1, 2021, (the "Effective Date") by and between Cooksey Communications, Inc., a Texas corporation ("Cooksey" or "Contractor") whose address is 5525 N. MacArthur Blvd., Suite 530, Irving, Texas 75038 and the Anna Community Development Corporation ("Client"), whose office address is 312 N. Powell Pkwy, Anna, Texas 75409. Cooksey and Client are sometimes referred to in this Agreement individually as "Party" or collectively as "Parties." Client desires to retain Cooksey as an independent contractor to provide strategic communications and creative services as described in the scope outlined below. In consideration therefore, Client agrees to pay Cooksey a monthly retainer of FIVE THOUSAND ONE HUNDRED DOLLARS ($5,100) per month billed as $5,100 per month (plus CSTIM fee outlined below) for public relations, social media content development, creative services and other marketing communications consulting, as outlined below, which will allow Cooksey to perform up to 30 hours of service per month at its blended hourly rate of $170. In addition, Client agrees to pay Cooksey a one- time project fee of $3,500 for video production oversight and management, which will allow Cooksey to perform up to 21 hours of service for the video project. In so contracting, the parties agree that Cooksey is an independent contractor and is not an employee, partner, or co -venture of the Client. The manner in which Cooksey's services are rendered shall be within Cooksey's sole control and discretion. Cooksey is not authorized to sign any agreement on behalf of the Client without prior review and approval by an authorized party of the Client. Scope of Work In the consideration of the fees and the mutual covenants contained in this Agreement, the Client and Cooksey agree that Cooksey will provide the following consulting and creative services. Consulting and Strategy • Participate in regular biweekly progress calls/meetings with Client to discuss PR/marketing opportunities and needs, Client activities and upcoming initiatives Creative Direction and Brand Development • Create overall advertising campaign themes, including industry -segmented ads • Website logo, tagline and imagery updates as needed • Create three-dimensional direct mail campaign • Oversight and management of video production ($3,500 project fee as outlined above and in Billing below) Public/Media Relations • Proactive media outreach for potential inclusion in feature stories and sponsored award programs • Update media kit, complete with important demographic information, business opportunities and community profile • Set up in -person meetings with members of the media; showcase projects/tour Anna, etc. • Month -to -month pitching of evergreen story topics, deal announcements and thought - leadership pieces (Cooksey will develop content) 11Page Cooksey Communications Agreement for Anna Community Development Corporation, Oct. 2021 Provide recommendations for important industry groups to make informational presentations to and/or join, etc. Manage overall marketing campaign for EDC/CDC Social Media Content/Engagement (does not include paid social media program*) Develop Linkedln quarterly planning calendars *Paid print advertising and paid digital media budgets are not covered by this agreement and will be billed through separate agreements with the outlets/platforms or under a separate letter of agreement with Cooksey. Billing Invoices for the ongoing monthly retainer and CSTIM fee will be pre -billed at the beginning of each month, with the first invoice submitted to the Client immediately upon execution of this Agreement. The invoice for the video project fee will be billed in two installments of $1,750, with the first installment due at the start of video production and the second installment due upon completion of the video. All invoices are due net 15 calendar days from the invoice date. Payments received after 30 calendar days of the invoice date shall be subject to late charges at a rate of two percent (2%) per month (24% per annum). Each invoice will include a brief summary of services and deliverables provided in the previous month, plus a listing of any non -routine expenses incurred on the client's behalf (see Expenses and Exclusions section below). Additional Fees/Hours It is not typical for Cooksey to bill for a small number of additional hours worked in one month, beyond those covered by the monthly retainer, if this is not a regular, recurring occurrence. If it becomes apparent that satisfactory performance of any of the Agreement -stipulated services is causing Cooksey to significantly or repeatedly exceed the hours compensated by the monthly retainer, by more than 10 percent (10%) on average, Cooksey will promptly notify the Client, provide a written estimate of the additional hours required and obtain advance written approval from the Client of any additional fees before undertaking and completing extra work. If no further services are desired by the Client, Cooksey shall deliver the work performed within the Agreement -covered hours and will receive the normal fee associated with such deliverables in accordance with this Agreement. If the Client requests new services or projects not specifically delineated in this Agreement, Cooksey will provide a written estimate of the hours and costs associated with those services or deliverables and will require advance, written approval before undertaking any additional work. Any such incidental work would be estimated and, if approved by the Client, performed at the $170 per hour blended billing rate, or as agreed to in writing. Expenses and Exclusions Cooksey, for the benefit of the Client, may incur non -routine, third -party expenses in the course of implementing the requested services, including but not limited to such items as newswire services, clipping services, custom or stock photography, outsourced printing costs and other expenses. Any such third -party vendor expenses will be billed directly by the vendor to the Client. Third -party vendor expenses handled by Cooksey will incur a 15% markup. Any individual non -routine expenses over $100 must be approved in advance, in writing, by the Client prior to being incurred. 2 1 P a g e Cooksey Communications Agreement for Anna Community Development Corporation, Oct. 2021 Client Services, Technology and Information Management (CSTIM) Fee Each invoice will include Cooksey's standard CSTIM fee, calculated at five percent (5%) of the monthly retainer or project fee, which covers routine internal expenses regularly incurred on all of its clients' behalf. These expenses include, but are not limited to, mileage incurred for local (within 100 miles) travel to/from meetings and events; photocopies and in-house printing; courier or delivery charges; subscriptions for online resources and third -party services such as Cision (global media database and intelligence service) and video conference services; maintenance of communications infrastructure for 24/7 client service; and subscriptions to e-mail marketing services. For the Anna Community Development Corporation monthly retainer of $5,100, the monthly CSTIM fee will be $255 per month. Term of Service and Renewal Services addressed in this Agreement are expected to last for twelve months, beginning from the Effective Date stipulated above until September 30, 2022. Either party may terminate this Agreement for any reason at any time upon 60 days' prior written notice to the other party. At the expiration of the initial term, the parties may agree to renew the agreement upon terms mutually agreeable to both parties, as set forth in a separate, written document executed by both parties at such time. Confidentiality All confidential information will be held confidential by Cooksey and will not be discussed with outside parties without the Client's prior consent, unless required by applicable law. Indemnity Client agrees to indemnify and save Cooksey harmless from and against all liability, including all actions, claims, damages, costs and attorneys' fees and related expenses, which Cooksey may incur (or to which Cooksey may be a party), arising out of actions taken or statements made by Cooksey at the Client's direction or based upon information provided by the Client, and any and all losses, claims, damages, expenses or liabilities related to the use of Client's products or services. Notwithstanding the foregoing, Client has no duty to indemnify or save Cooksey harmless and this paragraph shall not apply to any liability, actions, claims, damages, costs and/or attorneys' fees and related expenses resulting from negligence or willful misconduct by Cooksey. Cooksey agrees to indemnify and save Client harmless from and against all liability, including all actions, claims, damages, costs and attorneys' fees and related expenses, that the Client may incur (or to which the Client may be a party), arising out of related to Cooksey work product, excepting only when such actions, claims, damages, costs and attorneys' fees and related expenses result from information, graphics or text provided to Cooksey by the Client. At no time shall the Client have any control over or charge of Cooksey's services performed under this Agreement nor the means, methods, techniques, sequences or procedures utilized for said performance. Notwithstanding any other provision of this Agreement, this Agreement does not create a joint enterprise between the Client and Cooksey. 3 1 P TP Cooksey Communications Agreement for Anna Community Development Corporation, Oct. 2021 Client's Intellectual Property Cooksey shall not use any of the Client's Intellectual Property, including but not limited to Client trademarks, trade dress, copyright, trade secrets or proprietary information, without the express written permission of the Client. Granting a license to use in any one instance shall not be deemed to be a license in any other instance. Miscellaneous Authority to Execute Contract. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. Default and Opportunity to Cure. A Party will be in default under this Agreement if that Party breaches any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the other Party referencing this Agreement (or, if the Party in breach has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both Parties mutually and in good faith). Upon a default, subject to the cure period described herein, the non -breaching Party will have all available rights and remedies under the law and equity. Notwithstanding the foregoing, Client shall be considered in default for failure to timely pay an invoice properly submitted to Client immediately upon such failure without a notice and cure period and Cooksey's sole remedy in such event shall be to seek specific performance of this Agreement as well as the late fees as provided herein. Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provision. If to the Client: Anna Community Development Corporation Attn: Economic Development Director P.O. Box 776 Anna, TX 75409 If to Cooksey: Cooksey Communications 5525 N. MacArthur Blvd., Suite 530 Irving, Texas 75038 Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. 4 1 P a g e Cooksey Communications Agreement for Anna Community Development Corporation, Oct. 2021 Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its legal counsel. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Please indicate your acceptance of the terms stated above by signing and returning a copy of this agreement to Cooksey. Facsimile signatures received by electronic means shall be deemed originals. Agreed to and Accepted by: Anthony Richardson, President Date Anna Community Development Corporation Jason R. Meyer, Executive Vice President and Partner Date Cooksey Communications, Inc. 51 A:i HE CITY OF na W,'CDC R 0 U N D B R E A K I N PO S S I BII_ITI E S THE CITY OF Ana ,41,.. FDC P 0 U N D B R E A K I N G P O S S I B I L J T I E S AGENDA ITEM: Director's Report. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: IIm"111►159WO EDC/CDC Agenda Staff Report Meeting Date: 10/7/2021 Staff Contact: A:i HE CITY OF na W,'CDC R 0 U N D B R E A K I N PO S S I BII_ITI E S THE CITY OF Ana '41,.. FDC P 0 U N D B R E A K I N G P O S S I B I L J T I E S AGENDA ITEM: Sales Tax Reports SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: I I m am 0rew:, EDC/CDC Agenda Staff Report Meeting Date: 10/7/2021 Staff Contact: 1. 2021 Monthly Sales Tax Report 2. CDC SALES TAX COLLECTIONS FY21 October November December January February March April May June July August September R 335,454 340,156 419,319 338,879 292,405 441,021 375,823 385,457 467,686 432,097 $ 3,828,298 24.1 % $ 270,363 37.6% 247,215 30.4% 321,464 41.3% 239,848 30.2% 224,649 49.4% 295,191 28.8% 291,845 13.3% 340,358 17.6% 397,630 36.5% 316,470 310,731 378,344 $ 3,634,108 Budget: 3,805,000 100.6% 3,048,942 Monthly Sales Tax Collections: 3 Year Comparison $500,000 $450,000 $400,000 $350,000 - $300,000 $250,000 $200,000 - $150,000 $100,000 $50,000 - $0 Z°°��°c°x�J�,� 0 FY2020-21 0 FY2019-20 0 FY2018-19 October $ 125,795 24.1 % $ 101,386 November 127,559 37.6% $ 92,706 December 157,245 30.4% $ 120,549 January 127,080 41.3% $ 89,943 February 109,652 30.2% $ 84,243 March 165,383 49.4% $ 110,697 April 140,934 28.8% $ 109,442 May 144,546 13.3% $ 127,634 June 175,382 17.6% $ 149,111 July 162,036 36.5% $ 118,676 August - $ 116,524 September - $ 141,879 $ 1,435,611 $ 1,362,791 ANNA COMMUNITY DEVELOPMENT CORP. Monthly Sales Tax Collections: $200,000 3 Year Comparison $180, 000 $160, 000 - $140,000 $120,000 $100, 000 $80,000 $60,000 $40,000 $20,000 $0 ■ FY2020-21 ■ FY2019-20 ■ FY2018-19 A:i HE CITY OF na W,'CDC R 0 U N D B R E A K I N PO S S I BII_ITI E S THE CITY OF Ana '41,.. FDC P 0 U N D B R E A K I N G P O S S I B I L J T I E S AGENDA ITEM: Budget Reports SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: IIff,1►C.=1111i7 EDC/CDC Agenda Staff Report Meeting Date: 10/7/2021 Staff Contact: 1. CDC EDC Monthly YTD Budget Report August Budget Report Fund: 890 - Community Development Corporation Department: 825 - Community Development Corporation 890-825-61010 Salaries 890-825-61019 Miscellaneous Payroll 890-825-61110 Payroll Taxes -City Part FICA 890-825-61210 Health Insurance 890-825-61220 TMRS Retirement 890-825-61230 Unemployment 890-825-61240 Worker's Compensation 890-825-61710 Travel/Training Expense 890-825-62011 Office Supplies 890-825-62012 Other Supplies - Misc. 890-825-62210 Postage 890-825-62310 Clothing Supplies 890-825-62910 IT Supplies 890-825-66040 Telecom 890-825-67000 Contract Services 890-825-67016 Promotion Expense 890-825-67019 Legal Expense 890-825-67020 Audit Expense 890-825-67022 Engineering 890-825-67031 Public Notices - Advertising 890-825-67053 Economic Development Grant Expense 890-825-67058 Insurance - Property & Liability 890-825-67061 Dues, Publications & Licenses 890-825-67790 Interest Expense 890-825-67950 Bond Fees 890-825-67999 Other Services - Misc. 890-825-71090 Debt -Service Principal Department: 825 - Community Development Corporation Total Fund: 890 - Community Development Corporation Total: For Fiscal: 2020-2021 Period Ending: 08/31/2021 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining 91,325.00 106,325.00 9,507.50 88,203.83 18,121.17 17.04 % 100.00 100.00 0.00 0.00 100.00 100.00 % 6,986.00 8,286.00 581.05 6,747.56 1,538.44 18.57 % 9,927.00 9,927.00 97.42 1,071.62 8,855.38 89.20 % 12,986.00 12,986.00 1,045.04 11,134.24 1,851.76 14.26 % 250.00 250.00 0.00 252.00 -2.00 -0.80 % 411.00 1,111.00 0.00 184.54 926.46 83.39 % 25,250.00 25,250.00 1,050.00 5,321.18 19,928.82 78.93 % 2,000.00 2,000.00 239.47 1,012.88 987.12 49.36 % 4,000.00 4,000.00 411.52 3,289.77 710.23 17.76 % 100.00 100.00 15.50 29.70 70.30 70.30 % 1,000.00 1,000.00 78.82 733.54 266.46 26.65 % 0.00 0.00 0.00 1,892.99 -1,892.99 0.00 % 700.00 700.00 0.00 0.00 700.00 100.00 % 170,974.00 170,974.00 5,250.00 116,472.77 54,501.23 31.88 % 93,000.00 146,596.00 9,344.69 91,815.69 54,780.31 37.37 % 14,000.00 14,000.00 1,301.73 3,600.73 10,399.27 74.28 % 6,000.00 6,000.00 0.00 2,482.50 3,517.50 58.63 % 1,500.00 1,500.00 0.00 0.00 1,500.00 100.00 % 250.00 250.00 0.00 0.00 250.00 100.00 % 442,960.00 442,960.00 230,081.00 442,774.00 186.00 0.04 % 3,500.00 3,500.00 0.00 3,500.00 0.00 0.00 % 4,670.00 4,670.00 764.17 5,061.43 -391.43 -8.38 % 104,251.00 104,251.00 50,269.29 104,136.79 114.21 0.11 % 0.00 0.00 750.00 750.00 -750.00 0.00 % 90,000.00 90,000.00 -2,150.00 90,000.00 0.00 0.00 % 225,000.00 225,000.00 0.00 225,000.00 0.00 0.00 % 1,311,140.00 1,381,736.00 308,637.20 1,205,467.76 176,268.24 12.76 % 1,311,140.00 1,381,736.00 308,637.20 1,205,467.76 176,268.24 12.76 % 9/13/2021 10:08:56 AM Page 6 of 15 Budget Report For Fiscal: 2020-2021 Period Ending: 08/31/2021 Variance Original Current Period Fiscal Favorable Percent Total Budget Total Budget Activity Activity (Unfavorable) Remaining Fund: 900 - Economic Development Corporation Department: 826 - Economic Development Corporation 900-826-61710 Travel/Training Expense 0.00 0.00 0.00 165.00 900-826-63012 Maint. & Repair - Buildings 3,000.00 3,000.00 0.00 0.00 900-826-66010 Electricity 3,500.00 3,500.00 543.59 3,644.39 900-826-66020 Gas - Natural/Propane 1,050.00 1,050.00 62.91 851.26 900-826-66040 Telecom 2,000.00 2,000.00 156.56 1,720.51 900-826-67000 Contract Services 75,800.00 75,800.00 604.14 36,002.52 900-826-67008 IT Support Services 750.00 750.00 0.00 0.00 900-826-67016 Promotion Expense 0.00 30,000.00 0.00 0.00 900-826-67019 Legal Expense 7,500.00 7,500.00 420.22 3,317.22 900-826-67020 Audit Expense 5,000.00 5,000.00 0.00 2,482.50 900-826-67058 Insurance - Property & Liability 1,050.00 1,050.00 0.00 1,050.00 Department: 826 - Economic Development Corporation Total: 99,650.00 129,650.00 1,787.42 49,233.40 Fund: 900 - Economic Development Corporation Total: 99,650.00 129,650.00 1,787.42 49,233.40 Report Total: 11,886,546.00 11,987,392.00 1,403,475.93 11,621,319.07 -165.00 0.00 % 3,000.00 100.00 % -144.39 -4.13 % 198.74 18.93 % 279.49 13.97 % 39,797.48 52.50 % 750.00 100.00 % 30,000.00 100.00 % 4,182.78 55.77 % 2,517.50 50.35 % 0.00 0.00 % 80,416.60 62.03 % 80,416.60 62.03 % 366,072.93 3.05 % 9/13/2021 10:08:56 AM Page 7 of 15 A:i HE CITY OF na W,'CDC R 0 U N D B R E A K I N PO S S I BII_ITI E S THE CITY OF Ana '41,.. FDC P 0 U N D B R E A K I N G P O S S I B I L J T I E S AGENDA ITEM: Upcoming Events SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: I[r4'ii1►row= EDC/CDC Agenda Staff Report Meeting Date: 10/7/2021 Staff Contact: A:i HE CITY OF na W,'CDC R 0 U N D B R E A K I N PO S S I BII_ITI E S THE CITY OF Ana '41,.. FDC P 0 U N D B R E A K I N G P O S S I B I L J T I E S AGENDA ITEM: ICSC December Trade Show SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: I000159=101 EDC/CDC Agenda Staff Report Meeting Date: 10/7/2021 Staff Contact: A:i HE CITY OF na W,'CDC R 0 U N D B R E A K I N PO S S I BII_ITI E S THE CITY OF Ana '41,.. FDC R 0 U N D B R E A K I N G P O S S I B I L J T I E S AGENDA ITEM: Strategic Plan Update SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: IIm",,1►row= EDC/CDC Agenda Staff Report Meeting Date: 10/7/2021 Staff Contact: A:i HE CITY OF na W,'CDC R 0 U N D B R E A K I N PO S S I BII_ITI E S THE CITY OF Ana J1,.. FDC P 0 U N D B R E A K I N G P O S S I B I L J T I E S AGENDA ITEM: Closed Session. 1011111►150VA EDC/CDC Agenda Staff Report Meeting Date: 10/7/2021 Staff Contact: a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072) possible property acquisition; possible land sale/purchase; Anna Business Park. Lease agreement. b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); Grant program; Lease agreement and professional services contract. c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or, (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) Anna Business Park Property; potential retail and medical projects. SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: