HomeMy WebLinkAboutRes 2022-10-1288 Agreement with Grace Place Community GardenRESOLUTION NO. o{,QJJ -1 0 - a g'S
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT FOR THE PROVISON OF AN UTILITY BILL STIPEND AND CREATION OF
COMMUNITY EDUCATION PROGRAMMING BETWEEN GRACE PLACE COMMUNITY GARDEN AND THE
CITY OF ANNA, TEXAS
WHEREAS, the City of Anna, Texas (the "City") and Grace Place Community Garden (the "Community
Garden") desire to enter into an Agreement for the provision of a utility bill stipend and creation of
community education programming (the "Agreement"); 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 benefit the residents of the City of Anna, Texas and serve a
public purpose that the City could otherwise provide;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2.
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,
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ATTEST:
Carrie L. Land, City Secretary
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Texas, on this nth day of -LLL.
Agreement
between
City of Anna
and
Grace Place of Anna
This Agreement (this "Agreement") sets for 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 $1000 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.
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 nonappropriation of funding by the City, the initial
term of this Agreement is 1 year. Following each term, this agreement shall be brought before the
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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,
it's 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 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.
This Agreement leas been executed by the Parties on the respective dates set forth below:
GRACE PLACE OF ANNA
Laf Angell, 105
authorized Director
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