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Home My WebLink AboutCDCpkt2011-08-04August 4, 2011 Meeting Packet AGENDA REGULAR MEETING OF ANNA COMMUNITY DEVELOPMENT CORPORATION :L August 4. 2011 at 5;00 p.m.' COMMUNITY ANNA CITY HALL ADMINISTRATION BUILDING OPRNCROATO111 N. POWELL PKWY., ANNA, TEXAS The Anna Community Development Corporation will conduct its regular meeting at 5:00 a.m.' on August 4. 2011, at the Anna City Hall Administration Building, 111 N. Powell Parkway, to consider the following items: 1. Call to Order. S o kpYr,�* 2. Roll Call and Establishment of Quorum. j 3. Invocation and Pledge. Cy{ `4. Conal �ider/D�iscusslAc� l5Y iQn regarding � fiscal year 2011-2012 budget. kt U �� " Consider/Discuss/Action regarding a subscription toWebQA an online shop local marke g progra.s�(1�� L 6. Discus ion atout sponsorship agreement with the Greater Anna Chamber of Commerce. 7. CLOSED SESSION (exceptions): a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); 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); 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 I 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. IMPORTANT LEGAL NOTICE: The Corporation may vote andfor act upon each of the items listed in this agenda. The Corporation reserves the right to retire Into executive session oonceming 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. (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) Technology Based Companies. 8. Review of bills and fiscal year 2010-11 budget. 9. Consider/Discuss/Action regarding approving the regular meeting n inutes from June 2, 2011 and June /30011. q ,,,yt��/� 10. Adjourn. 3'" L S QJ r "' _ " y. This is to behi y at Jessica Perkins, Assistant to the City Manager, 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., August 1, 2011. �' a Perkins, ssi tant to the City Manager v 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 conceming 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 CORPORATION Meeting: August 4, 2011 Budgeted Amount: N/A Item No. I Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: Call to Order SUMMARY: STAFF RECOMMENDATION: Staff Contact: Jessica Perkins Exhibits: _ Yes X No COMMUNITY DEVELOPMENT CORPORATION Meeting: August 4, 2011 Budgeted Amount: N/A Item No. 2 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: Yes X No AGENDA SUBJECT: Roll Call and Establishment of Quorum. SUMMARY: STAFF RECOMMENDATION: DEVELOPMENT CORPORATION Meeting: August 4, 2011 Budgeted Amount: N/A Item No. 3 Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: Innovation and Pledge. SUMMARY: STAFF RECOMMENDATION: Staff Contact: Jessica Perkins Exhibits: Yes X No 10 CORPORATI Meeting: August 4, 2011 Budgeted Amount: n/a Item No. 4 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: _X—Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding the fiscal year 2011-2012 budget. SUMMARY: Attached is staff s recommendation for the fiscal 2012 budget. STAFF RECOMMENDTION: Staff recommends you adopt the budget. I 4CLAIN DECISION SUPPORT SYSTEMS LLC C fid' . N(culn D M.n supPan ***SELECT AN ORGUNIT- MCLAIN DECISION SUPPORT SYSTEMS HELPING GOVERNMENTS MAKE BETTER DECISIONS ***SELECT AN ORGUNITIeI - ® I ELiSELECTANONGUNRI*z ORGUNIT SUMMARY ORGUNIT: 09-823 IFUNDI G9 DEVELOPMENT CORPORATION I DEPARTMENT: $25 COC DEPTDIV:/20 CDC ACCOUNTS: 10 FTEs: SUMMARY(PDP) y SUMMARY Page I of 2 -Select a Function - LINE ITEM DETAIL 2008 2009 2010 2011 2011 2013 2014 VIEW 2012 ACTUAL BUDGET 2013 2014 2015 CIATEGORY ACTUAL ACTUAL ACTUAL BUDGET AMENDED ESTIMATE BASE SUPPLEMENTAL REDUCTION CMO PROPOSED $ CNG % CNG PLANNING PLANNING PUNNING P Revenue $0 $0 $0 $211,800 $0 $237,020 $220,220 $01 $0 $0 $220,220 $8,420 3.98% $225,220 $230,000 $D Supplies $0i $0 $0 $4,900 $0 $1,050 $1,250 $0 $D $0 $1,250 ($3,650) 10 4996 $1,250 $225 $0 st1kee $0 $0 $0 $115,459 $0 $158,309 $166,607 $0 $0 $0 $166,607 ;51,148 99.30% $91,9DO $42,500 $O Capital $0 $0 $0 $114,350 $0 $170,350 $50,000 $0 $0 $0 $50,000 (;64,350) 56.27% $55,000 $40,000 $0 TOTAL 09- w $231,020 $0 $M6,009 10 i06f,139 {93/,011 $0 $W $0 $439,077 ({/,432) 1./9% $323,370 $312,320 $0 020 $1,000 ($1,500) -60.00% $ ® 6208 OFFICE qD $0 $0 $2,500 $0 $800 $1,000 $0 LINE ITEM DETAIL httn-//anna-mclnindtecom/overview-a-n 9/2/2011 2008 1 2009 2010 2011 2012 2013 2014 VIEW ACCOUNT ACTUAL BUDGET AMENDED ESRMAi! BASEBUPPLEMlNTAL REDUCTION LIMO PROPOSED {CMO %CNG PIANNING PLANNIN 5 SALES TAX REVENUE -$0 $210,000 $0$236,800 $220,000 $0 $0 $0 $220,000 $10,000` 476% $225,000 $230,00 GENERAL5530 $220' (51,580) 87.78% $ INTEREST$0 J�UAL4=AL $1,800 $0 $220 $220 $0 $0 $0 $220 REVENUE $220,220, $8,420' 3.98% REVENU! $0 $211,800 {O $231,020 $22.,220 $0 $0 $0 $225,220 $230,00 SUBTOTAL $1,000 ($1,500) -60.00% $ ® 6208 OFFICE qD $0 $0 $2,500 $0 $800 $1,000 $0 $0 $0 $1,000 SUPPLIES 6209 OTHER ® SUPPLIES- $0 $0 $0 $2,400 $0 $200 $200 $0 $0 $0 $200 ($2,200) -91.67% $200 $22 MISC, ® 6212 POSTAGE $0 $0 $0 $0 $0 $50 $50 $0 $0 $0 $50 $50 0.00% $50 $ SUPPLIES $0 $0 $0 $4,900 $0 $1,0501 $1,250 $0 $0 $0 $1,250 ($3,650) -74.49% $1,250 $22 SUBTOTAL 6703 ® CONTRACT $0 $0 $0 $0 $0 $6,000 $10,000 $0 $0 $0 $10,000 $IO,OOD 0.00% $10,000 $ SERVICESS _ ® 6711 TRAVEL $0 $O $0 $1,500 $0 $200 §250 $0 $0 $0 $250 ($1,250) -83.33% $250 $ EXPENSE ® 6721 EDUCATION & $0 $0 $0 $1,000 $0 $200 $250 $0 $D $0 $250 ($750) -75.00% $250 $ TRAINING ® 6735 PROMOTION $0 $0 $0 $20,000 $0 $18,000 $201000 $0 $0 $0 $20,000 $0 0.00% $22,000 $ EXPENSE ® 6753 LEGAL $0 $0 $0 $10,000 $0 $12,100 $13,500 $0 $0 $0 $13,500 $3,500 35.00% §15,000 $ EXPENSE _ 6761 DUES, ® PUBLICATIONS, $0 $0 $0 $450 $0 $250 $250 $0 $0 $0 $250 ($200) -41.44% $400 $50 PERMITS & LICENSES ® 67 833 TELEPHONES- $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 0.00% $0 $ PAGERS 6789 DEBT- ® SERVICES $0 $0 $0 $64,282 $0 $64,282 $6kfi01 $0 $0 $0 $66,601 $2,319 3.61% $0 $ R'_ I ® 6790 INTEREA $0 $0 $0 $15,727 $0 $15,727 _ $13,256 $O $0 $0 $13,25fi ($2,971) -15.71% $0 $ EXPENSE ®SERVICESS 6799 OTHER - $D. $0 $0 $2,500 $0 $41,550 $42,500 $0 $D $0 $42,500 $10,000 1,600.00% $44,000 $42,00 MISC. - - httn-//anna-mclnindtecom/overview-a-n 9/2/2011 l WLAIN DECISION SUPPORT SYSTEMS LLC Page 2 of 2 PERSONNEL SCHEDULE SERVICES SUBTOTAL $0 $0 $0 $115,459 j0� $158,309 $1626,60] $4 $0� $0 $1fi6,fiW I 44.30% $91,9001 $92,50 --- b ® 6921 BUILDINGS ® $0 $0 $0 $1],850 $0 $17,850 $20,000 $0 $0 §0 $20,000 $2,150 12.04Wo $2Q000 IMPROVEMENTS 6941 OTHER CAPITAL $0 — $0 $0 $961500 $0 $152,500 $30,000 $0 $0 $0 $30,000 —$51,196 ($66,500) -68.91°$. $T5,00.$40,00 0 ® EXPENDITURES CAPITAL SUBTOTAL $0 $0 $0 $114,350 $0 $170,350 $50,000 $0 $0 $O $50,000 ($64,360) -16.27% $5 TOTAL 69-815 $0 $0 $D $446,509 00 $366,72914438,077 $0 $0 $0 $436,077 ($8,432)1 -1.899A. $3]3,3]0 $312,72 PERSONNEL SCHEDULE POSITION TITLE ACTUAL 2011 PROPOSED 2012 1 PLANNING 2013 PLANNING 2014 TOTAL 89425 FTEs 3.472 http://anna.mclaindss.com/overview-asp 8/2/2011 Item No. 5 Anna Community Development Corporation Agenda Staff Report Meeting: August 4, 2011 Staff Contact: Jessica Perkins Budgeted Amount: n/a Exhibits: _X—Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding a subscription to Web QA an online shop local marketing program. SUMMARY: Web QA is a well established business located in the Chicago area that partners with cities all over the US to provide a variety of municipal customer services. They have a new program call Shop QA. Shop QA is an online shop local marketing program. STAFF RECOMMENDTION: Staff recommends you consider subscribing. WEBQA SERVICES) AGREEMENT For GovQA Service(s) THIS SERVICE(S) AGREEMENT (the "Agreement') between WEBQA, Inc. ("WEBQA") with its principal place of business at 900 S. Frontage Road, Suite 110 Woodridge, IL, 60517 and Anna, a city with its principal place of business at I I I N. Powell Parkway Anna, TX, 75409 ("Customer") is made effective as of August 5, 2011. ("Effective Date".) 1. WEBQA DELIVERY OF SERVICES: WEBQA grants to Customer a non-exclusive, non -transferable, limited license to access and use the ShopsQA Service(s) on the Authorized Website(s) identified in Schedule A in consideration of the fees and terms described in Schedule A 2. CUSTOMER RESPONSIBILITIES: Customer acknowledges it is receiving only a limited license to use the Service(s) and related documentation, if any, and shall obtain no title, ownership nor any other rights in or to the Service(s) and related documentation, all of which title and rights shall remain with WebQA. In addition, Customer agrees that this license is limited to applications for its own use and may not lease or rent the Service(s) nor offer its use for others. All Customer data is owned by the Customer. Under no circumstances is the system intended to capture confidential information of any kind. Confidential information is defined as social security numbers and financial information. Customer agrees to maintain the Authorized Website(s) identified in Schedule A, provide WEBQA with all information reasonably necessary to setup or establish the Service(s) on Customer's behalf, and allow a "Powered by GovQA" logo with a hyperlink to WebQA's website home page on the Authorized Website. 3. SERVICE(S) LEVELS: WEBQA will use commercially reasonable efforts to backup and keep the Service(s) and Authorized Website(s) in operation consistent with applicable industry standards and will respond to customers' requests for support during normal business hours. THE SERVICE(S) ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICE(S) IS AT ITS OWN RISK. WEBQA DOES NOT WARRANT THAT THE SERVICE(S) WILL BE UNINTERRUPTED OR ERROR -FREE OR UNEFFECTED BY FORCE MAJEURE EVENTS. 4. WARRANTY AND LIABILITY: WEBQA MAKES NO REPRESENTATION OR WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE(S) AND SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, DATA LOSS AND BUSINESS INTERRUPTION, AND THE PARTIES AGREE THAT THE ONLY REMEDIES THAT SHALL BE AVAILABLE TO CUSTOMER UNDER THIS AGREEMENT SHALL BE THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, WEBQA'S LIABILITY UNDER ANY CIRCUMSTANCE INVOLVED HEREIN IS EXPRESSLY LIMITED TO THE AMOUNT RECEIVED UNDER THIS AGREEMENT. 5. TERMINATION: Either party may terminate this agreement if the terminating party gives the other party sixty (60) day's written notice prior to termination. Should Customer terminate without cause after the first date of the term as defined in Schedule A, Customer must pay the remaining balance of the current contracted term and this payment obligation will immediately become due. WebQA may terminate service(s) if payments are not received by WebQA as specified in Schedule A at which time all monies due under the current term will become immediately due. Upon any termination, WebQA will discontinue Service(s) under this agreement; WebQA will, if requested, provide Customer with an electronic copy of Customer's data; and, provisions of this Agreement regarding Ownership, Liability, Confidentiality and Miscellaneous will continue to survive. 6. ACCEPTABLE USE: Customer represents and warrants that the Service(s) will only be used for lawful purposes, in a manner allowed by law, and in accordance with reasonable operating rules, policies, terms and procedures. WEBQA may, upon misuse of the Service(s), request Customer to terminate access to any individual and Customer agrees to promptly comply with such request unless such misuse is corrected. 7. SERVICE INITIATION: Customer agrees to perform all customer activities as stated on Schedule A. 8. CONFIDENTIALITY: Each party hereby agrees to maintain the confidentiality of the other party's proprietary materials and information, including but not limited to, all information, knowledge or data not generally available to the public which is acquired in connection with this Agreement, unless disclosure is required by law. Each party hereby agrees not to copy, duplicate, or transcribe any confidential documents of the other party except as required in connection with their performance under this Agreement. Customer acknowledges that the Service(s) contain valuable trade secrets, which are the sole property of WebQA, and Customer agrees to use reasonable care to prevent other parties from - leaming of these trade secrets or have unauthorized access to the Service(s). WebQA will use reasonable efforts to insure that any WebQA contractors maintain the confidentiality of proprietary materials and information. 9. MISCELLANEOUS PROVISIONS: This Agreement will be governed by and construed in accordance with the laws of the State of Texas WEBQA may not assign its rights and obligations under this Agreement, in whole or part, without prior written consent of Customer, which consent will not be unreasonably withheld. 9. ACCEPTANCE: Authorized representatives of Customer and WEBQA have read the foregoing and all documents incorporated therein and agree and accept such terns effective as of the date first written above. Customer: The City of Anna Signature: Print Name: Title: WebQA Inc. Signature: Print Name: John Dilenschneider Title: CEO Date: WEBQA SERVICE(S) AGREEMENT For GovQA Service(s) Schedule A A. Service(s): Software: ShoosOA Service with Advertising Module Website: htin://www-annatexn. vnv/ B. WebQA Subscription Service At a Locked -In subscription cost per month for term of $200 Activities , rx_I ch,.,,ne uusiness-Por~al -.. & Fees: Advertising Rental Module (Addendum) ❑X Hosting and ongoing service upgrades for all designated modules I Implementation, Training and Storage At a Locked -In one-time cost of ILN2 n(lnr f,mr ----r of hncinecc.information into nnrtal tory. _ _ (customer to provide directory information in csv format ❑X Services selected above consistent with the then current WebQA offering, Specifically: - A hosted Business Directory that allows businesses to sponsor information and coupons - Directory will be branded to look like, and link into, the Customer website - Service will include all features/functions made available to other customers El Site Administrator Training included 0 Full user training and support via ongoing webinars, videos and knowledgebase support M 10 GB storage free with service(s). Additional IOGB is $20/month C. Customer Customer agrees to (1) Hold an implementation kickoff meeting with WebQA 15 days after contract signing. Activities: (2) Place a "Coming Soon" notice on the home page of the customer website with 30 days of contract signing. (3) "Go Live" by prominently display the directory link on the home page and throughout the Customer website within 2 months of contract signing and (4) use the administrative tools to approve local businesses as they register. (5) Create a Press Release within 30 days of contract signing to announce and promote the system within your community. D. Terms: Annual Billable Term Starting: August 5, 2011 Ending: August 4, 2014 Upon the expiration of this initial term, the term will continue to auto -renew for the same initial time period unless Customer notifies WEBQA in writing of its intention not to extend the term at least sixty (60) days prior to expiration of the current term end date. Renewal terms will not increase by more than eight percent_ E. Billing: Fees are exclusive of all taxes. Fees are billed on an annual basis at time of contract and are due upon receipt of invoice. This secures branded site, servers and resources necessary to begin project. Payments over 45 days from initial contract start date will accrue interest at a rate of one (1%) per month. Renewal payments made after contract renewal date will accrue interest at a rate of one (1 %) per month F. Remittance: All payments should be made directly to WebQA and will not be deemed received until actually received in WebQA offices. WebQA mailing address for all payments is: Accounts Receivable Dept., WebQA hie, 900 S. Frontage Road, Suite 110, Woodridge, IL 60517 G. Special: Includes Addendum H. Contacts: Organization Name Main Contact Name: Title: Address: CityState:_ Zip: Work Phone: Cell Fax: Billing Contact Name: Title: Address: City State:_ Zip: Work Phone: Cell Fax: Purchase Order Number: Duns Number: WEBQA SERVICEN AGREEMENT For GovQA Service(s) Advertising Rental Module Addendum In its Agreement with WebQA dated August 5, 2011, regarding the Sho s A service (WebQA Service) purchased from WebQA, Inc (WebQA), The City of Anna, TX (Customer) has agreed to WebQA's Advertising Rental Module (Advertising Module) that permits WebQA to rent space on the WebQA Service with the sole purpose that WebQA use this space to provide an advertising outlet for local organizations. 1.0 POLICY AND RESPONSIBILITY: WebQA's policy is not to solicit advertising from any organization that may be perceived as offensive, partisan or political. WebQA will request, in writing and prior to the solicitation of any advertising, the advice of the Customer on the appropriate types of organizations for advertising. As a privately owned company, independent of the Customer, WebQA can eliminate from consideration those companies and organizations it deems inappropriate. WebQA will use its best efforts as business professionals to manage the Advertising Service and WebQA's advertising responsibilities outlined herein. WebQA will take down inappropriate advertisements when necessary and refund monies to advertisers whenever necessary. The Customer is not responsible for actions taken by WebQA in eliminating from consideration those businesses and organizations WebQA has deemed inappropriate. 2.0 RENTAL PAYMENT AND RIGHT TO ADVERTISE: WebQA agrees to pay 10% of revenues received from the Advertising Module to the Customer for rental of space on the WebQA Service provided that the WebQA Service has 50% of Customer businesses registered and 15% of revenues provided that the WebQA Service has 75% of Customer businesses registered. WebQA will provide this payment, with tracking reports, semi-annually on June 301h and December 31. For this payment, Customer agrees to give WebQA the exclusive right to rent space to sell advertisements on the WebQA Service. • WEBQA WebQA agrees to: Host the Advertising Module in a manner that is not offensive to the Customer Host the Advertising Module on the WebQA Service in a manner that allows organizations to post advertisements. Be responsible for selling advertisements, posting advertisements and collecting revenues on advertisements. • CUSTOMER REPSONSIBILITIES: Customer Agrees to: • Just like the general public, inform WebQA of any advertisements that may be inappropriate on the WebQA Service • Notify WebQA of any pricing structure concerns by local businesses and/or organizations • Allow WebQA to use email addresses in the business directory to inform local owners about advertising • Promote the WebQA Service that uses the Advertising Module on the homepage of its website • Promote the WebQA Service using the Advertising Module in regular mailings and literature, where possible • Send out a Press Release within 30 days of contract signing to promote the system. 5.0 ASSIGNABILITY: Should WebQA demonstrate that it can outsource its responsibilities regarding the Advertising Modules to another entity such as a local newspaper or Chamber of Commerce and achieve better advertising effectiveness, it will be able to do so provided that WebQA obtains Customer approval, whose approval will not be unreasonably withheld. 6.0 ADVERTISING PRICING STRUCTURE: The following advertising pricing structure is planned for advertising and may be adjusted on an as -needed basis. Each advertising section is anticipated to include four to five rotating advertisements. Suggested Pricing Model - Commitment (billed entirely up front) • ACCEPTANCE: La By: Name: Name: John Dilenschneider Two -Year Annual Semi -Annual Monthly Main Listing Page (1" viewed page) $3,000 $2,000 $1,500 $300 Category Listing Page (2nd viewed page) $1,500 $1,000 $ 750 $150 • ACCEPTANCE: La By: Name: Name: John Dilenschneider Title: CEO, WebQA Date: Date: 1 DEVELOPMENT CORPORATION Meeting: August 4, 2011 Budgeted Amount: n/a Item No. 6 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: x Yes No AGENDA SUBJECT: Discussion about sponsorship agreement with the Greater Anna Chamber of Commerce SUMMARY: The CDC typically enters into a sponsorship agreement with the Chamber. The Chamber has upcoming events it would like to discuss sponsorship for. STAFF RECOMMENDATION: n/a AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2011-2012 THIS AGREEMENT FOR SPONSORSHIP COMMITMENT (this "Agreement") is made by and between the Anna Community Development Corporation ("CDC"), and the Greater Anna Chamber of Commerce, Inc. ("GACC") and entered into on this day of 20 Section 1. Summary During the CDC's 2011-2012 fiscal year, the CDC hereby promises to make certain payments to the GACC to sponsor certain GACC events that GACC promises will promote the CDC 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 CDC 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) CDC shall mean the Anna Community 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 CDC 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 CDC 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 CDC as compared with other Sponsor Designation includes and shall mean: AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2010-2011 PAGE 1 OF 10 (1) the CDC 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 CDC 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 CDC a letter of intent prior to each event and payment to GACC of any CDC 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 CDC. The letter of intent for any given event may set forth a different amount requested to be paid by the CDC 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 CDC, 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 CDC's identification as Sponsor on all print advertising secured promoting the GACC event. All such advertising shall reference the CDC as: The City of Anna Community 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 CDC anticipate CDC sponsorship of the following events and provides specific terms of compensation, Sponsorship Benefits, goals and benchmarks to gauge promotional impact: 4.01 Glowfest 2011 Name/Purpose: Glowfest 2011, Community Fall Festival AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2010-2011 PAGE 2 OF 10 Date, Time, Location of Event: All Day on Saturday, October 29, 2011 at Slater Creek Park (and surrounding private property) Deadline for GACC to provide Letter of Intent to CDC: Monday, September 26, 2011 Estimated Compensation amount: $3, 6�UO Due Date of Payment: Monday, October 17, 2011 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on pre -event banners; CDC Logo on registration form; listed as "Platinum Level" sponsor in newspaper advertisement and article Promotional Benchmark Requirements: GACC will provide approximate headcount of attendees' as well geographic locations from where attendees reside. 4.02 2011 Christmas Parade and Winter Wonderfest Name/Purpose: 2011 Christmas Parade and Winter Wonderfest - Community Festival and Parade Date, Time, Location of Event: All Day on Saturday, December 10, 2011, parade route Deadline for GACC to provide Letter of Intent to CDC: Monday, November 14, 2011 jM) Estimated Compensation amount: 400e:Q� 15M Due Date of Payment: Monday, November 28, 2011 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on pre -event banners; CDC Logo on registration forms; listed as sponsor in newspaper advertisement and article Promotional Benchmark Requirements GACC will rovide approximate headcount of attendees, I ; 4.03 2012 Annual Banquet Name/Purpose: 2012 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 Saturday, February 8, 2012, Longhorn Hill Party Barn in Anna, TX Deadline for GACC to provide Letter of Intent to CDC: Monday, January 9, 2012 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2010-2011 PAGE 3 OF 10 Estimated Compensation amount: $3,900-M �UV � Due Date of Payment: Monday, January 24, 2012 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 4.04 2012 Golf Tournament Name/Purpose: 2012 Goff Tournament, Networking event for current GACC members as well as a promotion to prospective new members and businesses Date, Time, Location of Event: All Day on Monday, April 16, 2012, Hurricane Creek Country Club Deadline for GACC to provide Letter of Intent to CDC: Monday, March 19, 2012 Estimated Compensation amount: $3,000.00 0/ Due Date of Payment: Monday, April 2, 2012 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on postcard distributed throughout Anna, Van Alstyne, Melissa, Sherman & McKinney, Recognition as Title Sponsor in Program and on signage the day of the event, opportunity to display promotional material, signage placed on various holes Promotional Benchmark Requirements: GACC will provide a list of players 4.05 Anna Fireworks Event Name/Purpose: 2012 Anna Fireworks Event, Community Festival Date, Time, Location of Event: 5:00pm — Conclusion of Fireworks, Sunday, July 1, 2012 at Slater Creek Park and Anna ISD Football Stadium Deadline for GACC to provide Letter of Intent to CDC: Monday, June 4, 2012 Estimated Compensation amount: Due Date of Payment: Monday, June 18, 2012 ins AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2010-2011 PAGE 4 OF 10 Sponsorship Obligations of GACC in addition to Sponsorship Benefits: CDC Logo on pre -event banners; CDC 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 CDC agrees to pay the GACC the total amount of compensation of ($15,000) during the CDC's fiscal year 2011-2012, subject to the conditions set forth in this Agreement. Before the CDC 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 CDC 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 CDC before the applicable deadline for such event as set forth in Section 4 of this Agreement. The total ($15,000) amount of compensation shall be made in four separate payments with the amount of each payment being determined by the CDC 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 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 CDC decides to honor any GACC request for a different amount than what is set forth in Section 4 of this Agreement, the CDC 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 ($10,000) during the CDC's 2011-2012 fiscal year. The GACC shall provide the CDC 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 A ,r 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 Clocal 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 CDC 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 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2010-2011 PAGE 5 OF 10 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 CDC 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 CDC 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 CDC'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 CDC but regardless of such acceptance it shall be the responsibility of the GACC to maintain adequate insurance 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 CDC. A copy of each policy, or at the CDC's discretion, a certificate of insurance, shall be filed with the CDC 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 CDC 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 18 of this Agreement; AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2010-2011 PAGE 6 OF 10 (c) the failure of GACC to provide the CDC 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 CDC to pay the GACC according to the compensation terms of each event when such payment may become due; and (f) the CDC'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 CDC 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 CDC of an occurrence of such Event of Default to cure same, or, if same cannot be effectively cured with 10 calendar days and fully and effectively provide CDC with the Sponsorship Benefits, the default may be cured by refunding CDC's entire sponsorship fee, unless such Event of Default creates or contributes to an emergency situation in which injury to persons or property reasonably appears imminent, in which case CDC 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 of this Agreement, there is a failure of GACC to meet a deadline or a failure described in Section 9.01(b), the CDC shall be entitled to a full refund of any amounts paid by the CDC 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 FOR 2010-2011 PAGE 7 OF 10 Section 11. 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 CDC President Anna Community Development Corporation 101 N. Powell Parkway Anna, Texas 75409 GACC GACC Director Greater Anna Chamber of Commerce P.O. Box 1256 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 12. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the CDC 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 13. Entire Agreement This Agreement represents the entire and integrated Agreement between CDC 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 14. 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 15. 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 FOR 2010-2011 PAGE 8 OF 10 Section 16. 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 17. 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 18. 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 19. 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 CDC. Section 20. 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, CDC and GACC have executed this Agreement. A Sara Cox Greater Anna Chamber of Commerce CDC President AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2010-2011 PAGE 9 OF 10 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2010-2011 PAGE 10 OF 10 COMMUNITY DEVELOPMENT CORPORATION Meeting: August 4, 2011 Budgeted Amount: n/a Item No. 7 Anna Community Development Corporation Agenda Staff Report AGENDA SUBJECT: CLOSED SESSION (exceptions): Staff Contact: Jessica Perkins Exhibits: Yes X No a. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); 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); 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) SUMMARY: n/a STAFF RECOMMENDATION: n/a DEVELOPMENT CORPORATION Meeting: August 4, 2011 Budgeted Amount: n/a Item No. 8 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: _X—Yes No AGENDA SUBJECT: Review of bills and fiscal year 2010-11 budget. SUMMARY: n/a STAFF RECOMMENDATION: n/a CDC Meeting August 4, 2011 Bills for review: Wolfe, Tidwell, McCoy: twetegal fees: $307.66 Terrall and Associates: May Consulting fees: $1623.23 City of Anna: Park Maintenance Personnel: $19,500 CORPORATION Meeting: August 4, 2011 Budgeted Amount: n/a Item No. 9 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: _X—Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding approving the regular meeting minutes from June 2, 2011 and the Special meeting of June 30, 2011.. SUMMARY: n/a STAFF RECOMMENDATION: Staff recommends you approve the minutes. Meeting: August 4, 2011 Budgeted Amount: n/a AGENDA SUBJECT: Adjourn. SUMMARY: n/a Item No. 10 Anna Community Development Corporation Agenda Staff Report STAFF RECOMMENDATION: n/a Staff Contact: Jessica Perkins Exhibits: Yes X No