CM-2014-402City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement and Waiver between The City of Round
Rock and Lightsey Farms in regard to a cooperative relationship in support
of the Farm to Work Program.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/25/2014
Dept Director: Valerie Francois, Human Resources Director
Cost: $0.00
Indexes:
Attachments: Lightsey_Farms_CMF.pdf, Lightsey_Farms_Agreement_&_Waiver.pdf
Department: Human Resources Department
Text of Legislative File CM -2014-402
City of Round Rock
Page 1 Printed on 4/24/2014
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: Administration
Project Mgr/Resource: Saridon Chambless
City Manager Approval
CMA Wording
Project Name: Agreement and Waiver
Contractor/Vendor: Lightsey Farms
Consider executing an Agreement and Waiver between The City of Round Rock and Lightsey Farms in regard to a cooperative
relationship in support of the Farm to Work Program.
Approval
XDEmployee EE Bowden
Notes/Comments
Date April 21, 2014
CITY OF ROUND ROCK
Agreement and Waiver
This Agreement and Waiver (A&W) is entered into by and between CITY OF ROUND
ROCK and Lightsey Farms (Provider), collectively referred to as the Parties.
1. Purpose of the A&W. This agreement sets out the terms, conditions, responsibilities
and liabilities of the parties.
2. Funding Obligation. There is no funding obligation by the Parties under this
agreement.
3. Term of the A&W. This A&W shall be effective as of the date executed by the last
party, and shall remain in effect until terminated by either party upon ten (10) days'
advance notice, in writing.
a) Provider is allowed access to CITY OF ROUND ROCK property as specified by
CITY OF ROUND ROCK for the purpose of delivering fresh produce to CITY
OF ROUND ROCK employees who have previously ordered and paid for such
produce. CITY OF ROUND ROCK makes no representations or claims as to the
condition or safety of the land, structures, or surroundings, whether or not owned,
leased, operated, or maintained by CITY OF ROUND ROCK, which constitute
the CITY OF ROUND ROCK property.
b) Provider agrees not to sell, offer for sale, or deliver, any processed or packaged
food on the designated CITY OF ROUND ROCK property. Provider further
agrees to restrict deliveries on CITY OF ROUND ROCK property to raw fruits,
vegetables, mushrooms, nuts and honey.
c) CITY OF ROUND ROCK agrees to allow the Provider access to specified CITY
OF ROUND ROCK property for the purpose described herein. CITY OF
ROUND ROCK shall not be liable for the collection or payment of any amounts
owed by any CITY OF ROUND ROCK employee.
d) Provider agrees to hold CITY OF ROUND ROCK harmless for any and all
activities Provider engages in on the CITY OF ROUND ROCK property.
Provider waives all liability claims against CITY OF ROUND ROCK for any
intentional or unintentional acts or negligence by CITY OF ROUND ROCK,
CITY OF ROUND ROCK employees, or CITY OF ROUND ROCK volunteers
that may occur on the CITY OF ROUND ROCK property.
e) Provider understands that CITY OF ROUND ROCK is not providing any
insurance coverage that is applicable to Provider and Provider agrees to reimburse
CITY OF ROUND ROCK for any damages to CITY OF ROUND ROCK
property that may be caused by Provider's acts or omissions while on CITY OF
ROUND ROCK property.
CM -2014-402
1) In exchange for allowing Provider to participate in this program on CITY OF
ROUND ROCK property, Provider agrees to release from liability and agrees to
indemnify CITY OF ROUND ROCK, and any CITY OF ROUND ROCK agent,
officer, or CITY OF ROUND ROCK employee or volunteer acting within the
scope of their duties, for any injury or damage to Provider or Provider's
employees, equipment, or property.
g)
Provider agrees to accept and assume all risks, responsibility for losses, costs, and
damages Provider may incur as a result of participating in this program.
4. Binding. This A&W is binding upon the Provider, successors in interest, and/or any
person providing services on Provider's behalf
5. Changes. Any changes made to the A&W, whether by edit or attachment, do not form
part of the A&W unless expressly agreed to in writing by CITY OF ROUND ROCK and
Provider and incorporated herein.
6. Entire Agreement. The Parties acknowledge that this A&W is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between
them with respect to the subject matter of this A&W, other than as set forth in this A&W.
By signing below, the Parties acknowledge that they have read the A&W, fully
understand and agree to its terms, accept the conditions set out in the agreement, and that
the persons whose signatures appear below have the requisite authority to execute this
A&W on behalf of the named party.
Name
Title
Address
City State Zip
Provider
B
Name: Mary Lightsey
Title: Farmer/Owner
Farm Name: Lightsey Farms
Address, City, State, Zip:_2033 FM 1365, Mexia, TX 76667_