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HomeMy WebLinkAboutResolution - 6318 - Contract For Grant-The Junior League Of Lubbock Inc-Senior Sports Classic - 05_27_1999Resolution No. 6318 May 27, 1999 Item No. 19 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for a grant for support of the Senior Sports Classic, by and between the City of Lubbock and The Junior League of Lubbock, Inc., and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 27th day of May '1999. Y, T YOR A EST: "�L— Ka'yqe Pamell City Secfetary APPROVED AS TO CONTENT: 111-4 &7RA& Tommy Gkizalez Director of Civic Services APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney rkb/ccdocs/l 999juniorle ague 1.res May 14, 1999 J! Resolution No. 6318 May 27. 1999 Item No. 19 THE STATE OF TEXAS § COLLABORATIVE CONTRACT COUNTY OF LUBBOCK § (THREE YEARS) THIS AGREEMENT and CONTRACT is made and entered into by and between THE JUNIOR LEAGUE OF LUBBOCK, INC., a Texas Non -Profit Corporation, hereinafter referred to as "THE LEAGUE", and THE CITY OF LUBBOCK, TEXAS, a home rule municipality, hereinafter referred to as "THE RECIPIENT", each of whom is herein acting by and through its duly authorized officers and officials, with terms and conditions as follows: WHEREAS, RECIPIENT has sought volunteer personnel and financial assistance from THE LEAGUE for the Senior Sports Classic Program, a program designed to create opportunities for seniors to participate in a multi -sport event, promote fitness and social interaction among senior citizens. WHEREAS, THE LEAGUE proposes to provide such volunteer and financial assistance in the amounts and upon the terms and conditions hereinafter set forth; NOW, the parties hereby mutually agree that such volunteer and financial assistance shall be provided and accepted upon the following terms and conditions, to -wit: WITNESSETH: 1. Contribution: THE LEAGUE, subject to the contingencies contained herein, shall contribute a total sum of not more than $3,000.00 for the year 1999-2000, not more than $3,000.00 for the year 2000-2001, and not more than $3,000.00 for the year 2001-2002, for a grand total not to exceed $9,000.00 for a period of three (3) years to RECIPIENT for use in paying for the following described items: Year Ending Description Amount May 31, 2000 Scholarships $2,000.00 Facility Rental 1,000.00 TOTAL $3,000.00 Year Ending Description Amount May 31, 2001 Scholarships $2,000.00 Facility Rental 1,000.00 TOTAL $3,000.00 Year Ending Description Amount May 31, 2002 Scholarships $2,000.00 Facility Rental 1,000.00 TOTAL $3,000.00 The above sums shall be paid upon presentation of invoices during the period from June 1, 1999, to May 31, 2002. Should the total invoices for the year June 1, 1999, to May 31, 2000, from June 1, 2000, to May 31, 2001, and for the year June 1, 2001, to May 31, 2002, not amount to the yearly totals indicated above for each year, THE LEAGUE shall only be obligated to pay actual invoices and not the total commitment stated. COLLABORATIVE CONTRACT (THREE YEARS) PAGE t OF 4 THE JUNIOR LEAGUE OF LUBBOCK, INC. AND CITY OF LUBBOCK, SENIOR SPORTS CLASSIC PROGRAM In May, 1999, representatives from THE LEAGUE and representatives frym THE RECIPIENT shall mutually determine the timetable and the procedure THE RECIPIENT is to follow to request funds and the procedure THE LEAGUE is to follow to contribute such funds, and if no such agreement is made, then contributions shall be made at the discretion of THE LEAGUE. All invoices for 1999 contributions shall be submitted to and must be received by THE LEAGUE by not later than May 31, 2000. All invoices for 2000 contributions shall be submitted to and must be received by THE LEAGUE by not later than May 31, 2001. All invoices for 2001 contributions shall be submitted to and must be received by THE LEAGUE by not later than May 31, 2002. Any invoices not submitted to THE LEAGUE by that date will not be considered a part of this agreement and THE LEAGUE shall have no obligation to pay any invoices submitted after that date. 2. Conditions for Contribution. It is specifically agreed and understood by and between the parties that THE LEAGUE has agreed to make such contribution of funds and provide volunteer personnel, as herein contemplated, strictly upon the following terms and conditions: A. That during the entire three (3) year period, beginning June 1, 1999, and ending May 31, 2002, both THE LEAGUE and THE RECIPIENT use their best efforts (as defined above) to raise sufficient funds or materials from sources other than THE RECIPIENT'S General Fund to pay all bills incurred by them including, but not limited to, payment of any excess expense not covered by THE LEAGUE'S monetary contribution, in order to construct, operate and maintain the Senior Sports Classic Program. Neither party shall be obligated for these complementary funds or materials other than as set forth herein. B. That books of record be maintained by THE RECIPIENT under generally acceptable accounting procedures (GAAP), and THE LEAGUE shall have the right to inspect the same at any and all reasonable times, within normal business hours, during the term of this agreement. C. That any use of either party s name for publicity in connection with the Senior Sports Classic Program must be approved in advance by that party's responsible official, who shall be the President for THE LEAGUE and the Director of Civic Services for THE RECIPIENT. But it is understood that either party may make known its own contributions to the project in whatever public manner it deems appropriate. D. That the activity or activities of THE RECIPIENT and THE LEAGUE and their employees and members, in connection with and limited to the construction, operation and maintenance of the Senior Sports Classic Program, be performed and conducted in a professional and business -like manner and shall be in keeping with Federal and State laws and regulations and any ordinances of the City of Lubbock, and/or any other governmental entities which may have jurisdiction over THE RECIPIENT'S construction, operation and maintenance of the Senior Sports Classic Program. E. That the Community Vice President of THE LEAGUE will be permitted to serve as the liaison between THE LEAGUE and THE RECIPIENT. F. That the Project Appraisal Committee of THE LEAGUE be permitted to appraise the Senior Sports Classic Program according to fiscal accountability, volunteer accountability and program accountability. If, in the opinion of the Appraisal Committee, the project does not comply with any of these methods of accountability, THE LEAGUE may terminate this contract and discontinue any further contributions and volunteer personnel called for herein upon thirty (30) days written notice to THE RECIPIENT and an opportunity to correct the defect. In the event that this agreement should terminate before completion, THE RECIPIENT agrees to return all unexpended funds contributed by THE LEAGUE to THE LEAGUE. G. That at least one (1) member of THE LEAGUE shall be a member of the Senior Sports Classic planning committee. COLLABORATIVE CONTRACT (THREE YEARS) PAGE 2 OF 4 THE JUNIOR LEAGUE OF LUBBOCK, INC. AND CITY OF LUBBOCK, SENIOR SPORTS CLASSIC PROGRAM 3. Volunteer Personnel. For the time period beginning June 1, 1999, through May 31, 2002, at least two (2) members of THE LEAGUE shall serve as volunteer personnel at the Senior Sports Classic Program. Upon a favorable annual appraisal review of the status of the Senior Sports Classic Program by THE LEAGUE, THE LEAGUE may provide at least two (2) volunteer personnel for each of the one (1) year periods beginning June 1, 1999, through May 31, 2002, for at least one (1) year period beginning June 1, 1999, through May 31, 2002. This obligation for volunteer personnel in subsequent years is subject to the favorable annual review described above and the request by at least two (2) members of THE LEAGUE to serve as volunteer personnel at the Senior Sports Classic Program during these subsequent periods. 4. Assignment. This contract shall not be assignable, either in whole or ip part, by THE RECIPIENT without the express written consent of THE LEAGUE. In the event of an assignment of this contract by THE RECIPIENT, THE LEAGUE shall have the option of either terminating or affirming this contract. THE LEAGUE shall give THE RECIPIENT thirty (30) days written notice of the choice made by THE LEAGUE under this provision and if THE LEAGUE decides to terminate this contract, it shall be terminated thirty (30) days after such written notice. 5. Indemnification. Both parties agree to be responsible for the actions of their own members, agents and employees and to hold the other party harmless from any damages, claims or liability of any nature whatsoever stemming from their own activities undertaken pursuant to this agreement. 6. Operations and Maintenance of the Senior Sports Classic Program. THE RECIPIENT shall be solely in control of the operation of the Senior Sports Classic Program and the Senior Sports Classic Program shall be owned by and belong to THE RECIPIENT. THE LEAGUE shall have no ownership interest in or responsibility for any of the Senior Sports Classic Program's operations or maintenance. 7. Operations. THE LEAGUE shall have no right to control the details of the operation of the Senior Sports Classic Program. The right to control such details of the operations of the Senior Sports Classic Program shall at all times remain with THE RECIPIENT. 8. Termination. This agreement shall terminate, at the option of either party hereto, or if any of the conditions set out herein shall not be met, upon thirty (30) days written notice to the other party. Unless this agreement is sooner terminated as authorized herein, this agreement shall terminate on May 31, 2002. 9. No Privity of Endeavor. It is specifically agreed that there shall be no privity of endeavor whatsoever between THE LEAGUE and THE RECIPIENT and that the sole connection between them is the contribution of money and volunteer personnel by THE LEAGUE to THE RECIPIENT under the restricted conditions herein set forth and that such contribution and volunteer personnel are to be utilized for the sole purposes as set forth herein, and shall in no way be construed as a continuing basis of financial or volunteer support by THE LEAGUE to THE RECIPIENT beyond that which is specifically stated in this agreement. 10. Entire Agreement. This instrument constitutes the entire agreement between the parties hereto, and this agreement cannot be altered, changed, or amended in any respect except by an instrument in writing duly executed by both parties. EXECUTED IN MULTIPLE COUNTERPARTS, each of which is an original, this 27th day of May , 1999. THE LEAGUE THE JUNIOR LEAGUE OF LUBBOCK, INC. By 1 ►lL CINDY McCLRSTION, President ATTEST: COLLABORP.TIVE CONTRACT (THREE YEARS) PAGE 3 OF 4 'THE JUNIOR LEAGUE OF LUBBOCK, INC, AND CITY OF LUBBOCK, SENIOR SPORTS CLASSIC PROGRAM DEBBIE ALLEN, Financial Vice - President TIIE RECIPIENT 1 tip / i ATTEST: Kayth' T arnell ,"City ecretary APPROVED AS TO CONTENT: W6Wbirej Tommy G izalez, ire r of Civic Services APPROVED AS TO FORM: William de Haas, Competition and Contracts Manager JMSJMAPSPORTSWKUy 4, 1999 COLLABORATIVE CONTRACT (THREE YEARS) PAGE 4 OF 4 THE JUNIOR LEAGUE OF LUBBOCK. INC. AND CITY OF LUBBOCK, SENIOR SPORTS CLASSIC PROGRAM City of Lubbock Agenda Item Summary To: Bob Case, City Manager From: Tommy Gonzalez, Director of Civic Services Date: 5/12/99 Subject: Junior League support for Senior Sports Classic ITEM#/SUBJECT #Consider a resolution authorizing the City Council to approve a contract between the City of Lubbock Parks and Recreation Department and the Junior League of Lubbock for support of the Senior Sports Classic. BACKGROUND / DISCUSSION The City of Lubbock, Parks and Recreation Department has been approved for a $9,000 grant from the Junior League of Lubbock to enhance the Senior Sports Classic. The grant will fund scholarships for eligible seniors to participate and will also fund Sport Classic facility rental fees. Scholarship recipients cannot be determined due to the range of events and varying fees for each event. The Senior Sports Classic has been in existence for 14 years and is partially funded by the University Medical Center. The Sports Classic is for persons 50 years of age or older and provides competition in events such as track and field, cycling, bowling, basketball, bridge and swimming. Medals are given for 1" through 3'd place and all medallists are eligible for the state games. Junior League Funding will add to the current Indoor Recreation programs over a three- year period. The grant of $9,000 will be allocated annually based on the following schedule. Fiscal Year Amount 1999-00 $3,000 2000-01 $3,000 2001-02 $3,000 SUMMARY RECOMMENDATION Staff recommends approval of the Junior League contract to enhance the Senior Sports Classic.