HomeMy WebLinkAboutEDCRes2018.01.01ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. )O /'?-/-D/ Ce-Dd
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR CITY OF ANNA EMPLOYEE
MOWING AND LANDSCAPE SERVICES
WHEREAS, the Anna Economic Development Corporation (the "EDC") has a need for
mowing and landscape services; and
WHEREAS, the EDC believes that the Parks Department of the City of Anna, Texas is
qualified to discharge these duties; and
WHEREAS, the EDC desires to authorize their Chief Administrative Officer to procure
the services of the City's Parks Department to undertake the duties and responsibilities
related to mowing and landscaping;
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC 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 City Employee Services
The Board of Directors of the Anna Economic Development Corporation approves the
Agreement for City Employee Services, as further described in Exhibit A, considered
this day and authorizes the EDC President to execute, on its behalf, a contract with the
City of Anna for mowing and landscape services at the rate not to exceed $2,500.00 per
fiscal year without further EDC approval.
PASSE ND APPROVED by the Anna Economic Development Corporation this / it4-
day of , 2018.
APPROVE (Aa
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ns ance DC Pr si ent Laure a Blacketer,�DC Secretary
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ANNA EDC RESOLUTION NO.541 1?--I -D l C ebl) PAGE 1 OF 1
AGREEMENT FOR CITY EMPLOYEE SERVICES
THIS AGREEMENT FOR CITY EMPLOYEE SERVICES ("Agreement") is made by and
between the Anna Economic Development Corporation ("EDC"), and the City of Anna, Texas
("City")
Section 1. Purpose
In exchange for services of City staff to be provided to the EDC, the EDC will pay the City
compensation for the services of a City employee(s), who shall dedicate reasonable and
necessary time and effort to accomplish the duties and responsibilities of the assigned task to
said employee(s).
Section 2. EDC's Obligations
The EDC shall annually pay for services rendered by the City's Parks Staff related to mowing
and landscape maintenance of EDC owned property.
Section 3. City's Obligations
The City agrees to utilize one or more City employees who have the requisite skills and
background to serve the City's and EDC's needs with respect to its mowing and landscape
requirements. The City shall allocate a portion of the time and effort of said employee(s) to
adequately perform the duties associated with the mowing and landscaping of the EDC's
property(ies). The City's designated employee(s) shall mow and landscape the EDC's
property(ies) on a regular schedule, being defined as a minimum of 16 mowings annually,
annual mulch replacement, annual tree trimming, bi-annual bush pruning, quarterly use of
herbicide and pesticide, and weed removal from landscaped areas as often as necessaryto
continuously keep a groomed appearance and free of unsightly conditions (the "Services"). The
City will also notify the EDC's Chief Administrative Officer via email on a monthly basis a report
of activities/work performed to maintain the property (ies.) The management of and authority
over said City employee is vested solely in the City Manager.
Section 4. Payment Procedure
Within 30 days of the execution of this Agreement by the parties, the EDC shall make a
payment to the City in the amount of $625 for the Services for the months of January,
February, and March of 2018. Thereafter, the EDC shall, upon receipt of an invoice from the
City, pay $625 for the Services for each subsequent 3-month period for the duration of this
Agreement. The total annual payments will not exceed $2500. Payment by the EDC is not
refundable unless the City terminates this Agreement before the end of the annual term in
accordance with Section 5, in which case the City shall refund to the EDC a proportional
amount of the paid invoice for any paid time period during which the Services will not be
provided.
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 1 OF 3
Section 5. Term and Termination
The initial term of this Agreement is from the date of execution of the parties until September
301 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. 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:
EDC
EDC Secretary
Anna Economic 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 8. 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 9. Entire Agreement
This Agreement represents the entire and integrated Agreement between EDC and the City
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 10. 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
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 2 OF 3
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 11. 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.
Section 12. 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.
Section 13. Force Majeure
If a party is prevented or delayed from performing any of its obligation 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.
IN WITNESS WHEREOF, EDC and the City have executed this Agreement.
By: By:
Bill ipp s nce Stump
Interim City Manager EDC President
City of Anna
Date: Date: -3 _ �C)
Attest: Attes .:::
Carrie L. Smith, City Secretary EDC Secretary
AGREEMENT FOR CITY EMPLOYEE SERVICES PAGE 3 OF 3