HomeMy WebLinkAboutRes 2017-09-354 CDC Employee Servicess` r.
CITY OF ANNA, TEXAS
RESOLUTION NO.;
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AGREEMENT
WITH THE ANNA COMMUNITY DEVELOPMENT CORPORATION RELATED TO CITY
EMPLOYEE SERVICES FOR THE POSITION OF CHIEF ADMINISTRATIVE OFFICER.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") desires to approve
an agreement with the Anna Community Development Corporation related to city
employee services for the position of Chief Administrative Officer;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Agreement
The City Council hereby approves an agreement with the Anna Community Development
Corporation related to city employee services for the position of Chief Administrative
Officer, attached hereto as Exhibit 1, and ratifies and approves the City Manager's
execution of the same. The City Manager is hereby authorized to execute all documents
and to take all other actions necessary to finalize and enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12th
day of September 2017.
ATTEST:Frrrni�,,, APPROVED:
AIV
7 1, � � • •r• /
City Secretary Carrie L. Smith'• - Mayor Mike Crist
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NOJ611-,*q'IJ�fjC)
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR EMPLOYEE SERVICES
FOR THE POSITION OF CHIEF ADMINISTRATIVE OFFICER
WHEREAS, the Anna Community Development Corporation (the "CDC"), has a need
for employee services; and
WHEREAS, the CDC desires to approve the attached agreement to formalize the
recruitment and hiring process for the needed employee services;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authorization to Execute Agreement for Employee Services
The Board of Directors of the Anna Community Development Corporation approves the
Agreement for Employee Services (Exhibit A) considered this day and authorizes the
CDC President to execute, on its behalf, the agreement with the City of Anna.
PASSED AND APPROVED bv the Anna Community Development Corporation this
day of �J-C �, 2017.
APPROVED.
Nate Pike
CDC President
ATTEST:
*Lurefta
lacket r
CDC Secretary
CDC OF ANNA, TEXAS RESOLUTION NOJOI J -07-1..3 PAGE 1 OF 1
Exhibit A
AGREEMENT FOR CITY EMPLOYEE SERVICES
THIS AGREEMENT FOR CITY EMPLOYEE SERVICES ("Agreement") is made by and
between the Anna Community Development Corporation ("CDC"), and the City of Anna,
Texas ("City").
Section 1. Purpose
In accordance with the Bylaws of the Anna Community Development Corporation, Art. III,
Sec. 7(b), and in exchange for services of City staff to be provided to the CDC, the CDC
will pay the City compensation for the services of a City employee, who shall dedicate
reasonable and necessary time and effort to accomplish the duties and responsibilities of
the CDC's Chief Administrative Officer ("CAO") as described in the job description
approved by the CDC, including but not limited to the provision of professional support
services to the City's Type A and Type B development corporations.
Section 2. CDC's Obligations
In accordance with the terms of this Agreement, CDC shall pay the annual salary,
benefits, and proportional overhead charges incurred by the City to fill the CAO position
with responsibilities that include the administration of the CDC's economic development
activities.
Section 3. City's Obligations
In accordance with the terms of this Agreement, the City agrees to fill the CAO position
with a person who has the requisite skills and background to adequately perform the
duties of the CAO position. The City shall be responsible for administration of all
benefits and human resource matters related to the CAO position. The CAO shall be
employed solely by the City and the supervision and authority over the CAO is vested
solely in the City Manager.
Section 4. Hiring Procedure and Employment
The hiring committee shall consist of two CDC board members, the City Manager, and
other City employees designated by the City Manager. Upon vacancy of the CAO job
position, the position will be posted and applications processed in general conformance
with the City's hiring policies and practices. The City Manager may appoint an interim to
the CAO position during the vacancy.
The hiring committee will participate in the interviews of qualified applicants identified by
the City Manager. Once the interviews are completed, the hiring committee will review
any finalists with the CDC board of directors. After receiving input from the CDC board,
the hiring committee will make a formal nomination of a candidate. The City Manager
shall have final hiring authority. All aspects of the employment of the CAO—including
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 1 OF 3
Exhibit A
without limitation the termination of the CAO—shall be governed under the terms of the
City of Anna Home -Rule Charter and the City of Anna Personnel Policy Manual. If a
CAO is terminated for any reason, the hiring procedure in this Agreement will be used to
fill the vacancy.
Section 5. Term and Termination
The initial term of this Agreement is from the date of execution of the parties until
September 30, 2018. This Agreement shall automatically renew on October 1 of each
subsequent year, unless one of the parties provides written notice to the other party on
or before June 30 of such year. Any such termination shall not take effect until 90 days
after said written notice has been provided in accordance with this Agreement.
Section 6. Amendment
This Agreement may not be amended except pursuant to a written instrument signed by
both parties.
Section 7. No Waiver of Immunity
Nothing in this Agreement waives any governmental immunity available to either party
or either party's officials, officers, agents or employees under Texas law. The provisions
of this paragraph are solely for the benefit of the parties hereto and are not intended to
create or grant any rights, contractual or otherwise, to any other person or entity,
including but not limited to the person designated as Chief Administrative Officer.
Section 8. Notice
To be effective, notice as required by this Agreement shall be in writing and delivered
via U.S. certified mail, return receipt requested, at the addresses listed below:
CDC
CDC President
Anna Community Development Corp
111 N. Powell Parkway
Anna, Texas 75409
City
City Manager
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the mailing -
address information listed in this section.
Section 9. 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
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 2 OF 3
Exhibit A
contrary to the law, or contrary to any rule or regulation having the force and effect of
the law, such decisions shall not affect the remaining portions of this Agreement.
Section 10. No Third -Party Beneficiaries
There shall be no third -party beneficiaries to this Agreement and this Agreement shall
not be interpreted to be a contract of employment with the CAO, whose position shall
always be a position of at -will employment.
Section 11. Entire Agreement
This Agreement represents the entire and integrated Agreement between CDC and the
City regarding the subject matter of this Agreement 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.
IN WITNESS WHEREOF, CDC and the City have executed this Agreement.
i
By: ea By: //,owl—
Philip ers Nate Pik
City Ma'h4er CDC President
Date: C / l c;�4 /a D I 'i Date: 9 //� /12
Attest: Attes �yj
Carrie L Smith, City Secretary Lau etta Blackter, COC Secretary
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 3 OF 3