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HomeMy WebLinkAboutResolution - 6317 - Contract For Grant-The Junior League Of Lubbock Inc.-Senior Citizen Activities - 05/27/1999 (2)Resolution No.6317 May 27, 1999 Item No. 1s 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 enhanced Senior Citizen activities, 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. 'WINDY SI ON, MAYOR A EST: Ka i Darnell Cityretary APPROVED AS TO CONTENT: J- 1W — Tommy onzale Director of Civic Services APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney rkb/ccdocs/ 1999j uniorleaguelres May 14, 1999 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 programs 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. BACKGROUND / DISCUSSION The City of Lubbock, Parks and Recreation Department has been approved for a $26,600 grant from the Junior League of Lubbock to support enhanced Senior Citizen activities. The grant will fund three programs: Still Kicking and Ticking, Computer Tutor and Travel Companions. Still Kicking and Ticking will be an exercise program designed to promote health and confidence in the participants at the 19`s Street Senior Center and the Senior Sports Classic. The Computer Tutor Program will add to the existing programs of the 19t' Street Computer Lab and will also aid in the development of a senior computer program at the Maggie Trejo Super -center. There is currently a two-year waiting list for the class. The Travel Companions program will aid in the development and implementation of monthly Senior Citizen outings to such places as the Garza Theatre, South Plains Fair and Ranching Heritage Center. Junior League Funding will add to the current Indoor Recreation programs over a three- year period and will facilitate the acquisition of exercise equipment and computer upgrades for the senior program. A grant of $26,600 will be allocated annually based on the following schedule. Fiscal Year Amount 1999-00 $25,400 equipment aquisition 2000-01 $ 600 supplies 2001-02 $ 600 supplies SUMMARY RECOMMENDATION Staff recommends approval of the Junior League contract to enhance the Senior Program. Resolution No.6317 May 27, 1999 Item No. 18 THE STATE OF TEXAS § COUNTY OF LUBBOCK § COLLABORATIVE CONTRACT (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 Still Kicking and Ticking Program and the Computer Tutor Program, programs designed to promote the social interaction of seniors and to encourage computer literacy in seniors to foster independence and confidence. 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 $25,400.00 for the year 1999-2000, not more than $600.00 for the year 2000-2001, and not more than $600.00 for the year 2001-2002, for a grand total not to exceed $26,600.00 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 STILL KICKING AND TICKING COMPUTER TUTOR Exercise Equipment & Delivery $14,170.00 Travel Companion Expenses 100.00 Supplies and Miscellaneous 130.00 Total $14,400.00 Computer Hardware & Software $10,900.00 Senior Volunteer Gifts 100.00 Computer Resources & Supplies -0- Total $11,000.00 TOTAL FOR YEAR 2000 $25,400.00 Year Ending Description Amount May 31, 2001 STILL KICKING AND TICKING Exercise Equipment & Delivery $ -0- Travel Companion Expenses 50.00 Supplies and Miscellaneous -0 - Total $50.00 COLLABORATIVE CONTRACT (THREE YEARS) PAGE I OF 5 THE JUNIOR LEAGUE OF LUBBOCK, INC. AND CITY OF LUBBOCK-STILL KICKING AND TICKING COMPUTER TUTOR Computer Hardware & Software $ -0- Senior Volunteer Gifts 100.00 Computer Resources & Supplies 450.00 Total $550.00 TOTAL FOR YEAR 2001 $600.00 Year Endine Description Amount May 31, 2002 STILL KICKING AND TICKING COMPUTER TUTOR Exercise Equipment & Delivery $ -0- Travel Companion Expenses 50.00 Supplies and Miscellaneous -0 - Total $50.00 Computer Hardware & Software $ -0- Senior Volunteer Gifts 100.00 Computer Resources & Supplies 450.00 Total $550.00 TOTAL FOR YEAR 2002 $600.00 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. In May, 1999, 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 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 Still Kicking and Ticking Program and the COLLABORATIVE CONTRACT (THREE YEARS) PAGE 2 OF 5 THE JUNIOR LEAGUE OF LUBBOCK, INC. AND CITY OF LUBBOCK-STILL KICKING AND TICKING Computer Tutor 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 Still Kicking and Ticking Program and the Computer Tutor 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 Still Kicking and Ticking Program and the Computer Tutor 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 Still Kicking and Ticking Program and the Computer Tutor 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 Still Kicking and Ticking Program and the Computer Tutor 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 Community Advisory Board of the Lubbock Senior Center located at 2001 19th Street, Lubbock, Texas. 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 Still Kicking and Ticking Program and the Computer Tutor Program . Upon a favorable annual appraisal review of the status of the Still Kicking and Ticking Program and the Computer Tutor 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 Still Kicking and Ticking Program and the Computer Tutor Program during these subsequent periods. 4. Assignment. This contract shall not be assignable, either in whole or in 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 COLLABORATIVE CONTRACT (THREE YEARS) PAGE 3 OF 5 THE JUNIOR LEAGUE OF LUBBOCK, INC. AND CITY OF LUBBOCK-STILL KICKING AND TICKING liability of any nature whatsoever stemming from their own activities undertaken pursuant to this agreement. 6. Operations and Maintenance of the Still Kicking and Ticking Program and the Computer Tutor Program . THE RECIPIENT shall be solely in control of the operation of the Still Kicking and Ticking Program and the Computer Tutor Program and the Still Kicking and Ticking Program and the Computer Tutor Program shall be owned by and belong to THE RECIPIENT. THE LEAGUE shall have no ownership interest in or responsibility for any of the Still Kicking and Ticking Program and the Computer Tutor Program's operations or maintenance. 7. Operations. THE LEAGUE shall have no right to control the details of the operation of the Still Kicking and Ticking Program and the Computer Tutor Program . The right to control such details of the operations of the Still Kicking and Ticking Program and the Computer Tutor 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. ATTEST: �Y► DEBBIE ALLEN, Financial Vice - President THE LEAGUE THE JUNIOR LEAGUE OF LUBBOCK, INC. By &ILX.(/I^ CINDY McCUISTION, President THE RECIPIENT COLLABORATIVE CONTRACT (THREE YEARS) PAGE 4 OF 5 THE JUNIOR LEAGUE OF LUBBOCK, INC. AND CITY OF LUBBOCK-STILL KICKING AND TICKING THE CITY OF LUBBOCK alj�- '/' j :; � n 6' � 1AWY'Tt1j0N,?'Mayor ATTEST: Ka arnell i Secretary az'Y APPROVED AS TO CONTENT: S&i e ^�A I Tommy Ggnzale Dir for of Civic Services APPROVED AS TO FORM: A4-:- '�& I�V" William de Haas, Competition and Contracts Manager IM. jA0JX1CKrNG.9W.y 4 1999 COLLA RATNE CONTRACT (THREE YEARS) PAGE 5 OF 5 THE JUNIOR LEAGUE OF LUBBOCK, INC. AND CITY OF LUBBOCK-STILL KICKING AND TICKING