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HomeMy WebLinkAboutCDCpkt2013-08-01August 1, 2013 Meeting Packet AGENDA REGULAR MEETING OF ANNA COMMUNITY DEVELOPMENT CORPORATION �L+ r Awust.1, 2093 at 5:00 p.m.' COMNIIINITY ANNA CITY HALL ADMINISTRATION BUILDING DEVELOPMEN1 , CORPOWAr1OP1 111 N. POWELL PKWY., ANNA, TEXAS The Anna Community Development Corporation will conduct a meeting at 5:00 p.m.' on A20I 1. 2013 at the Anna City Hall Administration Building, 111 N. Powell Parkway, to consider the following items: 1. Call to Order. 5:08prn. 2. Roll Call and Establishment of Quorum. ✓3. Invocation and Pledge. �'4. Recognize new board members. ShCAA,r, Gv+ i K Presentation and recognition of Duane Hayes' service to the board. 1--6. Consider/Discuss/Action regarding approving a resolution for a fiscal year sponso ship agreement�u� ith th rea er Anna C ommerce. �D�1n/e� A -LL- - 7. Consider/Discuss/Action regarding accepting John Houcek's resignation from the position o;Js�cu�ssl) L,9: Considei�on regardin ppointing a Vice Preside—' � Sf-(.r � hal. /R�l a E"i'•�i �t� W9. Consider/Discuss/Action regardin OP a ointing Trea[s�u er � l.r tla(',I 10. Consider/Discuss/Action regarding renewing our -contract with WebQA the Shop Local program I 11. Consider/Discuss/Action regarding approving resolu ion o purchase of a new office ch1�a-fft fold the Chief Admllti�st-rative Officer. ,� tL 12. Considt3lM cuss/Action r�garrding approving esolution or a budget amendment for fiscal year ?0 2-20 3. 16} m/ rat? �. A.L 13. Consider! Is uss ction regarding a proving resolution ora budget amendment fiscal year2 13-2014. bm t 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 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. 14. Consider/Discuss/Action regarding approving the minutes from May 16, 2013 and June 7, 2013' t'4'3' eaSd I S4 jJ�l� This is to certify that I, Jessica Perkins, Chief Administrative �Offi da �� 15. Adjourn r dyr cer, posted this agenda at a place readily accessible to the public at the Anna City Hail and on the City Hall bulletin board at or before 5:00 p.m., July 29, 2013. r J s ca Perkins, Ofilef Administrative Officer IMPORTANT LEGAL NOTICE: The Corporation may vote and/or ed 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 972-924-3323 two working days prior to the meeting so that appropriate arrangements can be made. Item No. 4 Anna Community Development Corporation Agenda Staff Report Meeting: August 1, 2013 Staff Contact: Jessica Perkins Budgeted Amount: n/a Exhibits: Yes _X—No AGENDA SUBJECT: Recognize new board members. SUMMARY: There are three new members. I will make introductions and ask them to speak briefly. STAFF RECOMMENDATION: n/a DEVELOPMENT CORPORATION Meeting: August 1, 2013 Budgeted Amount: n/a Item No. 5 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: Yes X No AGENDA SUBJECT: Presentation and recognition of Duane Hayes' service to the board. SUMMARY: Duane has served on one or both boards for over 10 years. His service to the communit}%appreciated and valued. Let's all thank him for his commitment and contribution. STAFF RECOMMENDATION: n/a K077:A]1.7.14 J Meeting: August 1. 2013 Budgeted Amount: n/a Item No. 6 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: _X—Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding approving a fiscal year sponsorship agreement with the Greater Anna Chamber of Commerce. SUMMARY: The EDC and CDC have historically supported the annual events of the GACC. For the past three years the Corporations have entered into a fiscal year agreement for sponsorship. The annual agreement has allowed for better planning and budgeting. The GACC hosts 5 annual events a year: An Awards Banquet, Golf Tournament, July 4"' Celebration, Fall Glow Fest, and the Christmas Parade. The corporations have previously funded the GACC at $15,000 per year and last year it was $20,500 to cover additional costs due to higher attendance. This year the total amount of sponsorship being requested is $20,500 the same as last year. STAFF RECOMMENDATION: Staff recommends you approve the agreement. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION AUTHORZING THE CHIEF ADMINISTRATIVE OFFICER TO SIGN AN AGREEMENT WITH THE GREATER ANNA CHAMBER OF COMMERCE WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to expend funds in support the efforts of the Chamber; and WHEREAS, the CDC believes that funding the Chamber is a necessary promotional expense for the CDC and the Anna community; and WHEREAS, the CDC intends that said funds be used solely for the events outlined in Exhibit A, insurance coverage, and permits necessary for the events; and 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 Agreement The CDC hereby authorizes the Chief Administrative Officer to sign an agreement with Greater Anna Chamber of Commerce attached hereto as EXHIBIT A. Section 3. Approval of Funding The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's promotional account in accordance with the procedures outline in EXHIBIT A. PASSED AND APPROVED by the Anna Community Development Corporation this day of 2013. APPROVED: John Houcek, CDC President ATTEST: Sherilyn Godfrey, CDC Secretary CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 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 20-4---3. Section 1. Summary During the CDC's 2013-2014 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 2013-2014 PAGE 1 OF 9 (1) the CDC shall be named as a Sponsor of the GACC event, that the CDC 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 prior to the CDC's payment to GACC of any 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 2013 Name/Purpose: Glowfest 2013, Community Fall Festival AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 2 OF 9 Date, Time, Location of Event: All Day on Saturday, October 26, 2013 at Slater Creek Park (and surrounding private property) Deadline for GACC to provide letter of intent to CDC: Monday, September 23, 2013 Estimated Compensation amount: $7,500.00 Due Date of Payment: Monday, October 14, 2013 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' and geographic locations where attendees reside. 4.02 2013 Christmas Parade and Winter Wondenfest Name/Purpose: 2013 Christmas Parade and Winter Wonderfest - Community Festival and Parade Date, Time, Location of Event: All Day on Saturday, December 14, 2013, parade route Deadline for GACC to provide letter of intent to CDC: Monday, November 11, 2013 Estimated Compensation amount: $2,500.00 Due Date of Payment: Monday, November 25, 2013 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 provide a count or list of float participation. 4.03 2014 Annual Banquet Name/Purpose: 2014 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, March 1, 2014, Collin County Adventure Camp in Anna, TX Deadline for GACC to provide letter of intent to CDC: Monday, January 27, 2014 Estimated Compensation amount: $500.00 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 3 OF 9 Due Date of Payment: Monday, February 17, 2014 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 2014 Golf Tournament Name/Purpose: 2014 Golf 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 21, 2014, Hurricane Creek Country Club Deadline for GACC to provide letter of intent to CDC: Monday, March 17, 2014 Estimated Compensation amount: $3,000.00 Due Date of Payment: Monday, March 31, 2014 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: 2014 Anna Fireworks Event, Community Festival Date, Time, Location of Event: 5:00pm — Conclusion of Fireworks, Friday, July 4, 2014 at Slater Creek Park and Anna ISD Football Stadium Deadline for GACC to provide letter of intent to CDC: Monday, June 2, 2014 Estimated Compensation amount: $7,000.00 Due Date of Payment: Monday, June 16, 2014 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 AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 4 OF 9 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 ($20,500) during the CDC's fiscal year 2013-2014, 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 ($20,500) amount of compensation shall be made in five 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 $20,500 during the CDC's 2013-2014 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 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 local 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 its employees, agents, contractors, or its subcontractors, nor does the CDC have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to complete any of the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 6 OF 9 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 this Agreement 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; (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; AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 6 OF 9 (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, CDC 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 within 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 4 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 by both parties. This Agreement shall terminate once both parties completed performance of their respective obligations hereunder. instrument signed shall have AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 7 OF 9 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: CDC 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 2013-2014 PAGE 8 OF 9 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. Sara Cox Greater Anna Chamber of Commerce CDC President AGREEMENT FOR SPONSORSHIP COMMITMENT FOR 2013-2014 PAGE 9 OF 9 z DEVELOPMENT CORPORATION Meeting: August 1, 2013 Budgeted Amount: n/a Item No. 7 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: X Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding accepting John Houcek's resignation from the position of Vice President. SUMMARY: John Houcek was appointed the president of the CDC and cannot serve in both positions, therefore he is resigning from the VP position. STAFF RECOMMENDATION: Staff recommends you approve the resignation. Jessica Perkins From: John Houcek <johnhoucek@yahoo.com> Sent: Monday, June 24, 2013 11:13 AM To: Jessica Perkins Subject: Resignation as Vice President from Both CDC and EDC Hello Jessica, Since I was elected to the position of President of the Community Development Corp at the last meeting, I feel that it is in the best interest of both Boards that I submit my resignation as Vice President of both the Economic Development Corp and the Community Development Corp. This action would allow another member of both Boards to become the newly elected Vice President of both Boards. Respectfully submitted, John Houcek DEVELOPMENT CORPORATION Meeting: August 1, 2013 Budgeted Amount: n/a Item No. 8 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: _Yes _X—No AGENDA SUBJECT: Consider/Discuss/Action regarding appointing a vice-president for the CDC board. SUMMARY: n/a STAFF RECOMMENDATION: Staff recommends you appoint a vice president. Meeting: August 1. 2013 Item No. 9 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Budgeted Amount: n/a Exhibits: X Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding appointing a Treasurer. SUMMARY: The bylaws allow the board to appoint someone other than a board member. Due to the increasing complexity of the boards finances staff recommends the board appoint the Chief Administrative Officer as acting Treasurer. STAFF RECOMMENDATION: Staff recommends you appoint the CAO as the treasurer. Section 4. Secretary. The Secretary shall keep, or cause to be kept, at the registered office, a record of the minutes of all meetings of the Board and of any committees of the Board. The Secretary shall also file a copy of said minutes with the City, and same is to be given in accordance with the provisions of these Bylaws, the Texas Open Meetings Act, the Texas Public Information Act, or other applicable law. The Secretary shall sign, along with the President of the Board, any deed, mortgage, bonds, contracts or other instruments which the Board has approved. Section S. Treasurer. The Treasurer, or other person or entity designated by the Board, shall have charge and custody of and be responsible for all funds and securities of the Corporation; shall receive and give receipt for money due and payable to the Corporation from any source whatsoever, and shall deposit all such monies in the name of the Corporation in such bank, trust corporation, and or other depositories as shall be specified in accordance with Article V, Section 3 of these Bylaws. The Treasurer or other person or entity designated by the Board, shall, in general, perform all duties incident to that office, and such other duties as from time to time may be assigned by the President of the Board. Section S.A. Chief Administrative Officer The Chief Administrative Officer shall be nominated by the City Manager and appointed by the Board to fill those duties and responsibilities as the Board may set forth by Resolution. Section S. Employees. The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation. These employees shall perform those duties as are assigned to them by the Board. The Board shall hire, direct and control the work of all Corporation employees. Section 7. Contract for Service. (a) The Corporation may, with approval of the City Council, contract with any qualified and appropriate person, association, corporation, or governmental entity to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. However, no such contract shall ever be approved or entered into which seeks or attempts to divest the Board of its discretion and policy-making functions in discharging the duties hereinabove set forth in this Section. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 7 of 14 Item No. 10 Anna Community Development Corporation Agenda Staff Report Meeting: August 1, 2013 Staff Contact: Jessica Perkins Budgeted Amount: n/a Exhibits: X_Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding renewing our contract with WebQA the Shop Local 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 program call Shop QA. Shop QA is an online shop local marketing program. We have offered the Shop Local program online for the past two years. Although usage has increased, staff recommends not renewing the program and wait to see if it is missed. STAFF RECOMMENDATION: Staff recommends you wait to renew. Go-:gle-Analytics t ANNA,TX- htlp:IM1wnv.myaovhelpJnfolannatX Anna TX [DEFAULT] Audience Overview C % of visus: 100.00% Overview • Visits M Jan 22 79 people visited this site IvvAw!• Visits: 84 4vtrA Unique Visitors: 79 J iV Pageviews: 251 �... Pages / Visit: 2.99 J,A,V Avg. Visit Duration: 00:01:54 kklN l/- Bounce Rate: 59.52% % New Visits: 80.95% 1. en -us 2. en 3. es -us Jan 29 © 2013 Google Jan 18, 2013 -Feb 17, 2013 Feb 5 ■ 80.95% New Visitor se Visits A119.05% Returning Visitor isusils Feb 12 VIsRs %Visits 7e_ 92.95% 6 5.95% 1 1.19% view full report 248 people visited this site Visits Unique Visitors 322 -\ 248 Pageviews Pages / Visit 1,130 3.51 Avg. Visit Duration Bounce Rate 00:01:51 53.42% % New Visits 68.32% 1. en -us 2. an 3. es -es © 2013 Google lwar,�,h - Jr,p,�, x012 ■ New Viaitor ■ Returning Visitor Visits % Visits 315 97.83% 6 1.86% 1 0.31% view full report 85 people visited this site Visits Pageviews �A,A� _ 385 Avg. Visit Duration -A _ 00:02:36 % New Visits V 1/W `V \ 78.35% 1. en -us 2. an Unique Visitors 85 Pages Malt _k__A, _ 3.97 Bounce Rate NAA,%%N\ 51.55% m 2013 Google July I -jtc J S/sL 0�0i3 ■ New Visitor ■ Returning Visitor Visits %Visits 96 97.94% 2 1 2.06% --- view full report COMMUNITY DEVELOPMENT CORPORATION Meeting: August 1, 2013 Budgeted Amount: n/a Item No. I 1 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: X Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding approving a resolution to purchase of a new office chair for the Chief Administrative Officer. SUMMARY: The CAO's chair is broken and needs replaced. There are funds available in the office supply line and will not exceed $800. STAFF RECOMMENDATION: Staff recommends you approve the request. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION APPROVING AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR A NEW OFFICE CHAIR FOR THE CHIEF ADMINISTRATIVE OFFICER WHEREAS, the Anna Community Development Corporation (the "CDC") wishes to expend funds for a new office chair for the Chief Administrative Officer; WHEREAS, the CDC intends that said funds be used solely for the office chair; and 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 y"a-�5 o The CDC hereby authorizes the Chief Administrative Officer to charge the CDC's office supply account in the amount of no more than $_810_ for a new office chair for the Chief Administrative Officer. PASSED AND APPROVED by the Anna Community Development Corporation this day of 2013. APPROVED: John Houcek, CDC President ATTEST: Sherilyn Godfrey, CDC Secretary CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 COMMUNITY DEVELOPMENT CORPORATION Meeting: August 1, 2013 Budgeted Amount: n/a Item No. 12 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: _X—Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding approving a resolution for a budget amendment for fiscal year 2012-2013. SUMMARY: Staff requests to move funds from the Legal Line item into the contract line item and debt service line items. The debt service was a miscalculation and there were additional contract services needed related to our audit and filing of the 990 form. This is just a transfer of funds. It will not increase the total budget for the fiscal year. STAFF RECOMMENDATION: Staff recommends you pass the resolution. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION REGARDING THE APPROVAL OF AND AUTHORITY TO AMEND THE FY 2012-2013 FISCAL YEAR BUDGET WHEREAS, effective October 1, 2012, the Anna Community Development Corporation (the "CDC") with the approval of the City of Anna City Council executed its current fiscal year budget, WHEREAS, the CDC seeks to amend its budget due to additional funds needed in the debt service and contract service line items. 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. Authority to Amend the Current Fiscal Year Budget The CDC Board of Directors hereby approves amending the Anna Community Development Corporation current fiscal year budget as set forth in Exhibit A, attached hereto and incorporated herein for all purposes as if set forth in full, subject to approval by the City of Anna City Council. PASSED AND APPROVED by the Anna Community Development Corporation this day of 2013. APPROVED: ATTEST: John Houcek, CDC President Sherilyn Godfrey, CDC Secretary CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 W W m O oo O o00d' O O� W 88 O �n C (Uyy ON:f www W 8 '�� s v� O w H g O N o d p� C O CN VN1� iq oo g E g scss NGNO QbN�H xwww 8 �oSo88 OOO O M e- pp$ N O E � O vI NNNNO 8O O O4 O N O N d `O ,O G) tO b,O (pN — Hm n NN M N b o> CN .�000ONP W o a o a y ECL UmcNC, u�W a�E EE c c a E a�N d mmm -5'4 ti W W� .. % % e tR,s a 0 y 0 0 C \ c N y �s O� co j p¢p0ODU�U Om N E N o O p goo oo O p O p O o 0 000 p o 0 oo 0 000000 0 0 000000 O m coo is o o m m my 0 in u u a g mmro� u a pO Q 8AK V j N 0' O O N N NhN O O OO pOpO O p w p p� of .00. «m N Nem C lU 0 NHH IlO NN IlO O N N NNN ONN`NN Ol (hNNO1 lV N �WH m^ b M N H HUIHHH pOp80 Oe 000 o O Owi Ss O nNbJ �p Ql On008 m HNO O 01 N W pO O OOOO N p N Oh00 0M0. N th ,GO j��// lV CMO Opi H N th O N W C .0 ^ S ^ N O UUM1 � N �j j � L« oppJ p p� YHj UU Io4p Cb 0V ° 0 °Q S �3� �3�3�3v0�3pW� oo c9 3ti3 % N O) V to^NNNrr VI ,O r W n r f0 h N m^m (7 N b ro mmaroa ro E aD l` '� O NNN.a1 ^ ^ N N NN N N NN q Yi N NN �N n NNN 10 ee N b U U 'Y Yu[' uY YoYYYY 10 Y'S Vy ip y yV Oy E o O p O mmm m m N °s u N fY N N uHi uoi cmi 4 y m E m n m 0 0 0 W a o E E E u N.N M o EEE i n W 4 w4y v dv E E 3 +� 0 c v v mg O 4 EE M Item No. 13 Anna Community Development Corporation Agenda Staff Report Meeting: August 1, 2013 Staff Contact: Jessica Perkins Budgeted Amount: n/a Exhibits: _X—Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding approving a resolution for a budget amendment for fiscal year 2013-2014. SUMMARY: At the June meeting, the Board and Staff discussed and approved the budget for fiscal year 2013-2014. At that meeting the budget was set to not exceed $250,000. After review with the City Manager and Finance Director, Staff is requesting to increase the budget to $251,000 and to move the $20,000 in the Other Capital Expenditures line item into Other Services to cover 2 part-time parks staff during the summer months. STAFF RECOMMENDATION: Staff recommends you approve the resolution. ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION REGARDING THE APPROVAL OF AND AUTHORITY TO AMEND THE FY 2013-2014 FISCAL YEAR BUDGET WHEREAS, the Anna Community Development Corporation (the "CDC') approved a budget for fiscal year 2014 on June 7, 2013; WHEREAS, the CDC seeks to amend that budget to allow for additional revenue in the other contract services line item and removing the funds from the capital improvements line item. 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. Authority to Amend the Current Fiscal Year Budget The CDC Board of Directors hereby approves amending the Anna Community Development Corporation current fiscal year budget as set forth in Exhibit A, attached hereto and incorporated herein for all purposes as if set forth in full, subject to approval by the City of Anna City Council. PASSED AND APPROVED by the Anna Community Development Corporation this day of 2013. F-IT-20TOM90 John Houcek, CDC President ATTEST: Sherilyn Godfrey, CDC Secretary CDC OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 CITY OF ANNA FUND DEPARTMENT DIVISION 89 COMMUNITY DEVELOPMENT CORPORATION CDC 89-825E 825 DETAILS LINE ITEMS ACTUAL BUDGET ESTIMATE PROPOSED I PLANNING 6209 OTHER SUPPLIES -MISC. 2011-2012 2012-2013 2012-2013 2013-2014 2014-2015 bZU6 UrtlUt NUFFULN 5824 $1,250 $0 $750 $800 6209 OTHER SUPPLIES -MISC. $0 $200 $0 $200 $200 6212 POSTAGE $40 $50 $0 $SO $50 SUPPLIES $864 $1,500 $0 $1,000 $1,050 6700 ECONOMIC DEVELOPMENT GRANT EXPENSE $0 $0 $0 $0 $0 6703 CONTRACT' SERVICES $74,479 $15,000 $0 $15,000 $15,000 6711 TRAVEL EXPENSE $0 $250 $0 $250 $250 6721 EDUCATION & TRAINING $0 $250 $0 $250 $250 6735 PROMOTION EXPENSE $16,317 $25,000 $0 $22,000 $0 6753 LEGAL EXPENSE $6,153 $13,500 $0 $10,000 $15,000 6761 DUES, PUBLICATIONS, PERMITS & LICENSES $415 $525 $0 $550 $0 6783 TELEPHONES - PAGERS $0 $0 $0 $0 $0 6789 DEBT -SERVICE PRINCIPAL $60,968 $71,000 $0 $79,000 $0 6790 INTEREST EXPENSE $12,234 $60,350 $0 $59,975 $0 6799 OTHER SERVICES -MISC. $40,000 $42,500 $42,500 $42,500 �� $42,500 SERVICES $210,566 $228,375 $42,500 $229,525 $73,000 6921 BUILDINGS & IMPROVEMENTS $20,000 $0 $0 $0 $0 6941 OTHER CAPITAL EXPENDITURES ($6,700) $20,000 $0 $20,000- $0 CAPITAL EXPENDITURES $13,300 $20,000 $0 $20,000 $0 TOTAL825 $224,730 $249,875 $42,500 $250,525 $74,050 a ./ COMMUNITY DEVELOPMENT CORPORATION Meeting: August 1. 2013 Budgeted Amount: n/a Item No. 14 Anna Community Development Corporation Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: _X—Yes No AGENDA SUBJECT: Consider/Discuss/Action regarding approving the minutes from May 16, 2013 and June 7, 2013. SUMMARY: n/a STAFF RECOMMENDATION: Staff recommends you approve the minutes. MINUTES OF SPECIAL MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION Thursday, May 16, 2013 Anna Community Development Corporation ("CDC') of the City of Anna met at 5:00 p.m., on May 16, 2013, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Jason Focht, President, called the meeting to order at 5:31 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Connie Stump, Duane Hayes, Alonzo Tutson, and Jason Focht. Directors absence were: Sarah Jones, John Houcek, and Sherilyn Godfrey. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Esq., attorney for CDC. 3. Invocation and Pledge. 4. Discussion and update on canopies at Slayter Creek Park. The installation of the canopies was attempted about 2 weeks ago. When installed the largest canopy was rubbing the top of the playground equipment. The company thinks one of the poles is too short. They are looking over their plans and will propose a solution soon. 5. Consider/Discuss/Action regarding approving the minutes from March 7, 2013. After pointing out a typo in the opening paragraph, 441-3 to "2013," Duane Hayes made a motion to accept the minutes. Alonzo Tutson seconded the motion. Motion passed. 6. Discussion regarding the fiscal year budget. An amended budget dated 3/13/2013, was included in the meeting packet. Jessica Perkins reviewed the changes made by staff. I. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. 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 Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 05-16-2013 Special CDC Minutes.doc 1 Adjourn. Duane Hayes made a motion to adjourn the meeting. Alonzo Tutson seconded the motion. Motion carried and the meeting adjourned at 5:38 p.m. APPROVED: John Houcek Vice -President of CDC ATTESTED: Sherilyn Godfrey Secretary of CDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. 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 Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 05-16-2013 Special CDC Minules.doc MINUTES OF SPECIAL MEETING OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION Thursday, June 7, 2013 Anna Community Development Corporation ("CDC") of the City of Anna met at 5:00 p.m., on June 7, 2013, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order John Houcek, Vice -President, called the meeting to order at 5:08 p.m., and after roll call and the establishment of a quorum, the following items were presented to the Directors for their consideration. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Connie Stump, Alonzo Tutson, John Houcek and Sherilyn Godfrey. Directors absence were: Sarah Jones and Duane Hayes. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Esq., attorney for CDC. 3. Invocations and Pledge. John Houcek gave the invocation and led the Board members in the Pledge of Allegiance. 4. Consider/Discuss/Action regarding accepting Sarah Jones and Jason Focht's resignations from the Board. Jessica Perkins presented the resignations of Sarah Jones and Jason Focht. Sherilyn Godfrey made a motion to accept the resignation of the above - referenced individuals. Alonzo Tutson seconded the motion. Motion passed. 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. 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 Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-07-2013 Special CDC Minutes.doc 1 5. a 7 8. 4 Consider/Discuss/Action regarding appointing a president for the CDC Board. In light of Jason Focht's resignation, a new president for the CDC needs to be elected. The floor was opened for nominations. John Houcek nominated himself for the position. And since there were no other nominations, the floor was closed. Connie Stump made a motion to elect John Houcek for this position. Alonzo Tutson seconded the motion. Motion passed. Discussion and update on phase II Slayter Creek Park. The splash pad will not be open for the July 4t" celebration because the concrete has just been poured and it needs to cure. A fence will be installed around the splash pad and playground as a safety measure. Other improvements will be made within the coming months as the Phase II project unfolds. Consider/Discuss/Action regarding approving the minutes from May 16, 2013. Tabled. Consider/Discuss/Action regarding fiscal year 2013-2014 budget. A proposed budget was provided in the estimates that the CDC will receive approx. Sherilyn Godfrey made a motion to accept Tutson seconded the motion. Motion passed Adjourn. meeting packet. Jessica Perkins $250,000 from sales tax proceeds. the budget as presented. Alonzo Connie Stump made a motion to adjourn the meeting. Alonzo Tutson seconded the motion. Motion carried and the meeting adjourned at 5:30 p.m. APPROVED: John Houcek President of CDC ATTESTED: Sherilyn Godfrey Secretary of CDC 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. 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 Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-07-2013 Special CDC Minutes.doc