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HomeMy WebLinkAboutRes 2013-12-08 Agreement with GACC for Centennial Celebration.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2013-12-08 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN AGREEMENT WITH THE GREATER ANNA CHAMBER OF COMMERCE FOR THE ANNA CENTINNIAL CELEBRATION. WHEREAS, on November 12, 2013 the City Council of the City of Anna, Texas (the "City Council") authorized approval of a Special Event Permit and Agreement with the Greater Anna Chamber of Commerce ("GACC") for the Anna Centennial Celebration; and, WHEREAS, the GACC has requested funding assistance from the City of Anna (the "City") for the Anna Centennial Celebration; and, WHEREAS, the funds provided by the City would be used to pay for portable restrooms, basic supplies such as trash can liners, signage, DJ, marketing, photography, golf cart rental, and two-way radio rental; and, WHEREAS, funds are available in the City's General Fund contingency account subject to approval of the City Council; and, WHEREAS, the City Council finds that it is in the best interests of the citizens of Anna to provide funding assistance to the GACC for the Anna Centennial Celebration; 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 Funding Agreement. The City Council hereby approves the Agreement with the Greater Anna Chamber of Commerce attached hereto as Exhibit 1 to provide funding assistance for the Anna Centennial Celebration, and authorizes, ratifies and approves the City Manager's execution of same. Section 3. Contingency Appropriation Consistent with Section 7.08 of the Anna City Charter, the City Council hereby authorizes the City Manager to transfer $2,500 from the FY 2014 General Fund Contingency Appropriation to the Administration Misc. Services account No. 10-400-6799. RES. 2013-12-08Agreement w/GACC for Anna Centennial Celebration PAGE 1 OF 2 12-10-13 PASSED by the City Council of the City of Anna, Texas, on this 10th day of December 2013. ATTEST: -Alt- IJIAI'd6l� Nat a Wilkison, City Secretary APPROVED- Mayor, PP OVED-Mayor, Mike Crist RES. 2013-12-08Agreement w/GACC for Anna Centennial Celebration PAGE 2 OF 2 12-10-13 This Agreement (this "Agreement") is made by and between the City of Anna, Texas ("City"), and the Greater Anna Chamber of Commerce ("GACC") and is entered into on this 10th day of December, 2013. Section 1. Summary For and in consideration of the mutual promises and obligations set forth herein, this Agreement governs the payment by the City to the GACC in the amount of $2,500 (the "Payment") in exchange for the GACC's promise to use the full amount of the Payment to pay for portable restroom rental, basic supplies such as trash can liners, signage, DJ service, marketing, photography, golf cart rental, and two-way radio, to be used solely for the Anna Centennial Celebration as described in the attached Special Event Permit and Agreement approved by the City Council on November 12, 2013 (Exhibit A). Section 2. General Requirements (1) The City will make the Payment to the GACC on or before the 31 st day of December, 2013. (2) The GACC will plan and conduct the Anna Centennial Celebration as described in Exhibit A. If weather or other unforeseen conditions prevent the Anna Centennial Celebration from taking place on date described in Exhibit A, the Anna Centennial Celebration may take place on an alternate date if specifically permitted in writing by the City Manager. (3) In addition to any other remedies allowed by law, which shall be cumulative, the breach of the GACC of any of its obligations under this Agreement shall require the GACC to refund the amount of the Payment to the City upon demand. Section 3. Amendment This Agreement may not be amended except pursuant to a written instrument signed by both parties. Section 4. Notice Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna City Manager 111 N. Powell Parkway P.O. Box 776 Anna, Texas 75409 GACC Sarah Cox 807 South Interurban Street Anna, Texas 75409 Section 5. No Waiver of Immunity; No Third -Party Beneficiaries Nothing in this Agreement waives any governmental immunity available to the City under Texas law. The provisions of this Agreement 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 6. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral with respect to the Fireworks Display. Section 7. 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. Section 8. 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 9. 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 10. 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. AGREEMENT PAGE40F5 Section 11. 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 City. Section 12. 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, or as specified herein. SIGNATURES: Greater Anna Chamber of Commerce, City of Anna, Texas Incorporated Al Sarah Cox, its President Date City of Anna, Texas Philip Sanders, City Manager Date