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HomeMy WebLinkAboutRes 2023-10-1561 Extension to the Agreement with Grace Place Community GardenRESOLUTION NO. 26 Z 3 - 10 -15i0) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN EXTENSION TO THE AGREEMENT WITH GRACE PLACE OF ANNA FOR THE PROVISION OF AN UTILITY BILL STIPEND AND CREATION OF COMMUNITY EDUCATION PROGRAMMING WHEREAS, the City of Anna, Texas (the "City") and Grace Place of Anna entered into an agreement for the provision of a utility bill stipend and creation of community education programming (the "Agreement') on October 25, 2022; and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") has determined that the Agreement with Grace Place of Anna will continue to benefit the neighbors of the City of Anna, Texas and serve a public purpose that the City could not otherwise provide; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, 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 and Authorization of the Agreement. The City Council hereby approves the Agreement, attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes the City Manager to execute same on its behalf. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 24th day of October 2023. ATTEST: APPROVED: Carrie L. Land, City 8ecretary * n+earroF * nil Nate Pike, Mayor * 1913 EXHIBIT 1 Agreement between City of Anna and Grace Place of Anna This Agreement (this "Agreement") sets the terms and understanding between the City of Anna, Texas (the "City") and Grace Place of Anna, a Texas nonprofit corporation ("GPA") for the provision of a utility bill stipend and creation of community education programming. Section 1. Background 1.01 GPA established a community garden (the "Garden") in 2022 to provide access to fresh vegetables to the community and to supplement the fresh vegetable supply at Grace Place Food Pantry. 1.02 The City and GPA desire to reach a mutually beneficial agreement to enhance community involvement and educational opportunities and to provide for a public purpose that the City could otherwise undertake as further described in this Agreement. Section 2. General Terms 2.01 For and in consideration of the promises and agreements set forth in this Agreement, GPA will, at its sole expense, carry out the daily maintenance and management of the Garden and allow public use. GPA will also allow use and access of and to its facilities to host public educational classes pertaining to gardening and health. 2.02 For and in consideration of the promises and agreements set forth in this Agreement, the City will provide a one year credit of $1,000 to the account at 501 N. Powell Pkwy Anna, TX 75409. The City will provide assistance with planning, marketing, and volunteer management for the purposes of public educational classes hosted at the Garden. 2.03 Notwithstanding any other term of this Agreement, the provision of a monthly stipend and educational class assistance shall automatically terminate, without any action or notice provided by the City if the Garden shall no longer be accessible to the public or if a minimum of 6 classes per year have not been conducted. 1 2.04 The City and GPA acknowledge and agree that the exchange of consideration outlined in the Agreement fairly compensates GPA and the City for their respective contributions. 2.05 All costs associated with this Agreement shall be paid from the current revenues available to the paying party. Section 3. Term and Effective Date. 3.01 Subject to this Agreement terminating due to non -appropriation of funding by the City, the initial term of this Agreement is 1 year. Following each term, this agreement shall be brought before the Anna City Council for renewal for a period of one year if neither party gives notice of its intent to terminate this Agreement within 60 days before the expiration of the current term. 3.02 The effective date of this Agreement is the date that this Agreement has been duly authorized by the governing bodies of the Parties and signed and dated by the duly authorized representatives. Section 4. Liability Release and Indemnification. 4.01 GPA shall defend, hold harmless, and fully indemnify the City, its officials, officers, agents, employees, and servants while a acting in the scope of their duties as such, from and against all claims, demands, liabilities, and causes of action of any kind or character (collectively "claims"), including the costs of defense thereof, brought by any employee, agent, official, student, partner, guest GPA, or servants of GPA or any third party (including but not limited to assigns, heirs, bystanders, or survivors) for any injury, death, loss, or damage to persons and/or to property that is any manager related to the City's use or enjoyment of the Garden, including but not limited to claims relating to the use or nonuse of any equipment located at or used for the Garden or any condition of the premises. 4.02 The City and GPA agree and acknowledge that each entity is not an agent of the of the other entity and that each entity is responsible for its own act's forbearance, negligence, and deeds, and for those of its agents or employees. This Agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege, or other amenities of employment applicable to other party. The City understands and agrees that the City, its employees, servants, agents, and representatives shall not represent themselves to be employees, servants, agents, and/or representatives of GPA. GPA understand and agrees that the City, it's employees, servants, agents, and representatives shall not present themselves 2 to be employees, servants, agents, and/or representatives of the City. At no time shall the City have any control or supervision over GPA's means, methods, techniques, sequences, decisions or undertakings of any nature whatsoever. Section 5. Other Provisions. 5.01 This Agreement has been duly approved by the authorized body of each party to this Agreement in accordance with applicable law. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary consents, orders or resolutions or other instruments extending said authority have been duly passed and are now in full force and effect. 5.02 This Agreement may be amended at any time by a duly authorized written agreement of the Parties. 5.03 The Parties do not intend that this Agreement shall inure to the benefit of any third party. The Parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. This Agreement represents the entire and integrated Agreement between the Parties relating to its subject matter and supersedes all prior negotiations, representations and/or Agreements, either written or oral to the extent related to the subject matter of this Agreement. 5.04 The validity of this Agreement, and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performable and all compensation payable in Collin County, Texas and any disputes arising hereunder or growing out of or related to the performance of this Agreement shall be brought solely in a court of competent jurisdiction in Collin County, Texas. 5.05 In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 3 This Agreement has been executed by the Parties on the respective dates set forth below: GRACE PLACE OF ANNA Lafe Angell, its authorized Director CITY OF ANNA A Ryafi Henderson, City Manager Date: Date: /o%t)i