Loading...
HomeMy WebLinkAboutResolution - 3396 - Contract - Junior League, & WTHBA - Fire Safety House - 06/14/1990DGV:da RESOLUTION Resolution #-3396 June 14, 1990 Item #29 WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to enter into an agreement with the Junior League of Lubbock and West Texas Home Builders to construct and operate a "Fire Safety House" for use in instructing school children in home fire safety procedures; NOW THEREFORE: 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 by and between the City of Lubbock, the Junior League of Lubbock and the West Texas Home Builders Association for the construction and operation of a "Fire Safety House," attached herewith, which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of ATTEST: Ranette Boyd, City -Secretary APPROVED AS TO CONTENT: 9, Rita Harmon, Assistant City Manager APPROVED AS TO FORM: ald Vandiver, First Assistant City Attorney June , 1990. B.C. McMIN , MAYOR �33qP DGV:da THE STATE OF TEXAS § COUNTY OF LUBBOCK § COLLABORATIVE CONTRACT 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, hereinafter referred to as "THE FIRE DEPARTMENT" and the WEST TEXAS HOME BUILDERS ASSOCIATION, a Texas Non -Profit Corporation, hereinafter referred to as "WEST TEXAS HOME BUILDERS", herein THE FIRE DEPARTMENT sometimes will be referred to as "THE RECIPIENT", all acting herein by and through their duly authorized officers and officials with terms and conditions as follows: WHEREAS, it is in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to establish, create and operate a "Fire Safety House" for the education of school children in fire safety procedures; and WHEREAS, a resolution concerning the "Fire Safety House" and authorizing the entering into of this Agreement and Contract was passed by the WEST TEXAS HOME BUILDERS on the 9th day of May, 1990; and WHEREAS, THE LEAGUE proposes to provide volunteer and financial assistance in the amounts and upon the terms and conditions hereinafter set forth; and 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 $20,000.00 to THE RECIPIENT to fund the start-up costs associated with the Fire Safety House. This sum will be paid to the City of Lubbock for deposit into a specific account set up for the sole purpose of receiving funds andopaying expenses attributable solely to the construction, operation, maintenance and storage of the Fire Safety House. This sum represents the estimated start- up costs of the Fire Safety House, being a portion of the costs of construction of the Fire Safety House and materials and equipment in connection with the operation, maintenance and educational aspects of the Fire Safety House. Such construction, however, is contingent upon and subject to the remaining conditions contained in this agreement. The remaining costs of construction of the Fire Safety House will be provided by the FIRE SAFETY HOUSE STEERING COMMITTEE, which shall be composed of representatives of the parties to this agreement and other interested citizens, by either contributions or donations. THE LEAGUE shall only be obligated to pay the amount indicated herein, regardless of the actual amount of the start-up costs or construction costs of the Fire Safety House. In June, 1990, representatives from THE LEAGUE and representatives from 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 sole discretion of THE LEAGUE. 2. Conditions for Contribution. It is specifically agreed and understood by and between the parties that THE LEAGUE has agreed to make such contributions of funds and provide such volunteer personnel as herein contemplated strictly upon the following terms and conditions: A. That during the entire one (1) year period, beginning June 1, 1990, and ending May 31, 1991, the FIRE SAFETY HOUSE STEERING COMMITTEE raise the necessary complementary funds or materials from other sources to pay all bills incurred by them, including, but not limited to, payment of any excess expense not covered by THE LEAGUE'S commitment in order to construct, operate, maintain, and store the Fire Safety House. 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 any party's name for publicity in connection with the Fire Safety House must be approved in advance by that Party's responsible official, which shall be the President for THE LEAGUE and the City Fire Marshal for THE RECIPIENT. But it is understood that all parties 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 its employees, in connection with and limited to the construction, operation and maintenance of the Fire Safety House, 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 Fire Safety House. E. That the Community Vice President of THE LEAGUE will serve as the liaison between THE LEAGUE, THE FIRE DEPARTMENT, the WEST TEXAS HOME BUILDERS and the Fire Safety House Steering Committee and the City Fire Marshal shall perform the same duty for THE RECIPIENT. F. That the Project Appraisal Committee of THE LEAGUE appraise this project 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 matters, THE LEAGUE may terminate this contract and discontinue all contributions and volunteer personnel called for herein upon thirty (30) days written notice and opportunity to correct the defect to the other parties hereto. In the event that this agreement should terminate before completion, all parties hereto agree to return all unexpended funds contributed by THE LEAGUE to THE LEAGUE. G. That one (1) member of THE LEAGUE, a representative of THE RECIPIENT and a representative of WEST TEXAS HOME BUILDERS shall be members of the Steering Committee of the Fire Safety House, which Committee shall be the decision making body for the construction, operation, maintenance and storage of the Fire Safety House. 3. Volunteer Personnel. THE LEAGUE agrees to provide volunteer placement service and volunteer personnel to THE RECIPIENT during the year that contributions and voluntary - 2 - personnel are contemplated herein by providing the 1990 Provisional League Members for assistance and volunteer placement in the operation of the Fire Safety House. THE LEAGUE shall provide THE RECIPIENT with such volunteer personnel as may be agreed upon between THE LEAGUE and THE RECIPIENT. 4. Indemnification. All parties hereto agree to be responsible for the actions of their own members, agents or employees and to hold the other parties harmless from any damages, claims or liability of any nature whatsoever stemming from their own activities undertaken pursuant to this agreement. 5. Construction of Fire Safety House. WEST TEXAS HOME BUILDERS, subject to the contingencies contained herein, shall construct the Fire Safety House according to plans and specifications approved by the Fire Department and WEST TEXAS HOME BUILDERS. This obligation to build is subject to all of the contingencies contained in this Agreement and Contract, specifically, but not limited to, the securing by the FIRE SAFETY HOUSE STEERING COMMITTEE of all necessary funds and donations in order to complete the construction of the Fire Safety House. Upon the completion of the construction of the Fire Safety House, all obligations of WEST TEXAS HOME BUILDERS under this Agreement and Contract shall cease and terminate and WEST TEXAS HOME BUILDERS shall have no further obligations under this Agreement and Contract. 6. Operation, Maintenance, and Storage of the Fire Safety House. THE RECIPIENT shall be solely in control of the operation, maintenance and storage of the Fire Safety House and the Fire Safety House shall be owned by and belong to THE RECIPIENT. THE LEAGUE shall have no responsibility after the construction of the Fire Safety House for any of its operations, maintenance, or storage. THE LEAGUE shall have no ownership of the Fire Safety House, once it has been constructed. THE RECIPIENT shall be responsible for maintaining the Fire Safety House in good operating condition during the term of this agreement and any extensions thereto for the reasonable life span of the Fire Safety House, which in any event shall be not less than ten (10) years. 7. Operations. THE LEAGUE maintains no right to control the details of the construction, operation and maintenance of the Fire Safety House. The right to control the details of the operations of the Fire Safety House remains with THE RECIPIENT. 8. Termination. This agreement shall terminate, at the option of any party hereto, if any of the conditions set out herein shall not be met upon thirty (30) days written notice and opportunity to correct is given to all other parties. Unless this agreement is sooner terminated as authorized herein, this agreement shall terminate at such time as all monies contemplated hereby have been contributed by THE LEAGUE to THE RECIPIENT as herein provided, and THE LEAGUE placement year has been completed, but this agreement may be extended on a year to year basis by mutual agreement of the parties hereto during the month of May each year hereafter. 9. No Privity of Endeavor. It is specifically agreed that there shall be no privity of endeavor whatsoever between THE LEAGUE and THE FIRE DEPARTMENT and WEST TEXAS HOME BUILDERS and that the sole connection between them is the contribution of money and volunteer placement by THE LEAGUE to THE RECIPIENT under the restricted conditions herein set forth and that such contribution and volunteer placement as stated herein is for the sole purposes as set forth herein, and it shall in no way be construed as a continuing basis of financial support by THE LEAGUE to THE FIRE DEPARTMENT or to WEST TEXAS HOME BUILDERS. - 3 - 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 14th day of June , 1990. THE JUN R LEAGUE OF LUBBOCK, INC. BY: Z-4 Ai Cherr ridn't ATTEST: J ie Biggers, TreaC46kr EXECUTED IN MULTIPLE COUNTERPARTS, each of which is an original, this 14th day of June , 1990. THE CITY OF LUBBOCK B.C. McMinn, Mayor ATTEST: Ranette Boyd, Cit6j Secretary APPROVED AS TO CONTENT: Rita Harmon, Assistant City Manager APPROVED AS TO FORM: �Dn�aldG. Vandiver, First Assistant City Attorney ATTE /7 ecretary WEST TEXAS HOME BUILDERS ASSOCIATION BY : f('—''�L--GL.r Randy Neugkbauer, President - 4 -