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J. Economic Development San Marcos Board (“EDSM”). The President/CEO, or <br />designee, shall attend all meetings of the EDSM Board at which an incentive presented to the City <br />by the Partnership is discussed or at which the President/CEO’s presence is requested by the City <br />Manager. <br />1. If the City’s Economic and Business Development Manager is unavailable, <br />the Partnership shall perform the following services: <br /> <br />i. Provide facilities and staffing for meetings of the EDSM Board. The <br />Partnership will ensure that facilities for EDSM Board meetings allow <br />for attendance by members of the public during open public session. <br /> <br />ii. Keep minutes of the public portion of meetings of the EDSM Board and <br />provide a copy of each set of minutes to the City Council and City <br />Manager. <br /> <br />iii. Prepare agendas for meetings of the EDSM Board and provide them to <br />the City Clerk in a timely manner so that notice of meetings of the board <br />can be given in accordance with the Texas Open Meetings Act. <br />iv. Ensure that an appropriate record is made of any closed meetings of the <br />EDSMBoard, and promptly deliver such records to the City. <br /> <br />2. For any project presented to the EDSM Board for consideration by the <br />Partnership, the Partnership shall: <br /> <br />i. Ensure that all members of EDSM complete the City’s Standard Non- <br />Disclosure Agreement prior to evaluating potential project information. <br />Any modifications to the City’s Standard Non-Disclosure Agreement or <br />any alternative form of non-disclosure agreement provided to members <br />of EDSM shall be subject to approval of the City Attorney. <br /> <br />ii. Ensure that all members of EDSM complete a statement acknowledging <br />the receipt of confidential information for economic development <br />purposes and evaluating potential incentives relating to the attraction of <br />applicants and prospects to the City of San Marcos. <br /> <br />iii. Make meeting materials available for advance review by EDSM Board <br />members no less than seventy-two (72) hours prior to the EDSM Board <br />meeting or the required posting date. The Partnership shall endeavor to <br />have said materials available no less than one hundred (120) hours prior <br />to the EDSM Board meeting butis frequently constrained by timelines <br />outside its control. <br /> <br />iv. The City and Partnership agree that any meeting materials related to any <br />non-public portion (also known as closed or executive session) of an <br />EDSM Board meeting or those materials that are subject to a Non- <br />Page 7 of 22 <br /> <br />