Loading...
HomeMy WebLinkAboutResolution - 2007-R0134 - Grant Agreement - Lubbock Centennial Committee - 04/12/2007Resolution No. 2007-80134 April 12, 2007 Item No. 5.15 RESOLUTION 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 Grant Agreement between the City of Lubbock and Lubbock Centennial Corporation and related documents upon incorporation of the Lubbock Centennial Committee. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th day of April , 2007. DAVID A. MILLER, MAYOR ATTEST: ke—be&a Garza, City Secretary APPROVED AS TO CONTENT: Le Dumbauld, City Manager APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section LLCAk/.RES-Centennial Grant Agreement March 30, 2007 STATE OF TEXAS § COUNTY OF LUBBOCK AGREEMENT Resolution No. 2007-80134 This agreement ("Agreement") effective as of April 27, 2007("Effective Date") is made by and between the City of Lubbock, a Texas home rule municipal corporation ("City"), and the Lubbock Centennial Corporation, a non-profit Texas corporation ("Corporation"), for the purposes and considerations hereinafter expressed. WITNESSETH WHEREAS, the City Council of the City of Lubbock in Resolution 2006-RO371 established a Centennial Committee to coordinate and plan activities with Lubbock citizens and organizations surrounding the City's 100th anniversary, which is officially March 24, 2009; and WHEREAS, the City Council in Budget Amendment Ordinance 2007-00017 budgeted one -hundred thousand dollars ($100,000) to be granted to the Lubbock Centennial Committee; NOW THEREFORE, City and Corporation for and in consideration of the terms and conditions set forth in the Agreement hereby agree as follows: 1. The term of this Agreement commences on the Effective Date and continues without interruption until July 1, 2009. 2. In the event that Corporation breaches any term and/or provision of this Agreement, City shall be entitled to terminate this Agreement immediately. 3. Corporation shall submit to City, for advance approval, any portion of its annual budget utilizing grant tax funds. Grant Management Agreement- Centennial Corporation 4. The City hereby agrees to pay to Corporation the sum of ONE HUNDRED THOUSAND, AND NO CENTS ($100,000.00) for the purposes stated in this Agreement. 5. Funds received by the Corporation under the terms of this Agreement are for the purpose of planning, preparing, and implementing the recommendations of the Corporation and may be spent for day-to-day operations of the Corporation, supplies, salaries, office expenses, expenses related to preparation for the Centennial Celebration, and other items incurred pursuant to the terms of the budget presented to the City Council in the request for grant funds. 6. Corporation shall maintain the Funds provided by the City in a separate account established for that purpose and may not commingle those Funds with any other money or maintain it in any other account. Corporation shall maintain records that are necessary to substantiate the grant Funds awarded. Corporation shall, upon request and during normal business hours, provide access to its corporate books and records to the City. The cost of all audits deemed necessary by City shall be the responsibility of Corporation (which may be paid from the Funds). i. Nothing contained in this Agreement shall prohibit Corporation from obtaining funding for its programs and activities from other sources, including charitable contributions and grants from businesses, private foundations and governmental organizations. All funds received by Corporation pursuant to the terms of this Agreement shall be maintained in a segregated account and shall not be commingled with any other funds belonging to Corporation. Grant Management Agreement- Centennial Corporation Page 2 8. Corporation shall make quarterly reports to the City Manager with regard to such expenditures made by Corporation during said quarter related to funds under this Agreement. 9. Corporation shall indemnify and save harmless the City and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including, without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by the acts of Corporation, its agents or employees, in the execution or performance, or omissions of performance, of or under the Agreement. 10. Any notice, report, request or demand required, permitted or desired to be given under this Agreement (hereinafter collectively referred to as "Notices") shall be in writing and shall be deemed to have been properly given or served when mailed by registered or certified mail, return receipt requested or personally delivered to the respective party at the following addresses: If to Corporation: Executive Director Lubbock Centennial Corporation Lubbock, Texas If to City: City Manager City of Lubbock P. O. Box 2000 Lubbock, Texas 79457-0001 Grant Management Agreement- Centennial Corporation Page 3 Any addressee or name specified above may be changed by a Notice given by the addressee to the other party as above. All Notices shall be deemed effective as of the date of mailing or on the date of personal delivery, as appropriate. Any Notice to be given by and party hereto may be given by counsel for such party. 11. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modification or amendment of this Agreement shall be in writing and executed by both parties. EXECUTED this 27th day of April 2007. CITY OF LUBBOCK LUBBOCK CENTENNIAL CORPORATION DDAVIDA. MILLER, MAYOR Li a Gaither, President ATTEST: ATTEST: Re ecca Garza, City Secretary Secretary APPROVED AS TO CONTENT: "Wzae_� __� Lee Ann Dumbauld, City Manager APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section &KClkclCentcnnial Committee grant March 27, 2007 Grant Management Agreement- Centennial Corporation Page 4