HomeMy WebLinkAboutResolution - 3659 - Agreement - The Junior League Of Lubbock Inc - Safety City Program - 07_11_1991Resolution No. 3659
July 11, 1991
Item #32
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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 with
the Junior League of Lubbock, Inc. for Safety City, attached herewith, which
shall be spread upon the minutes of the 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 11th day of July , 1991.
"13. C. McMINN, MAYOR
e Boyd, U ty 5eCr�tary
APPROVED AS TO CONTENT:
Rita Harmon, Assistant City Manager
APPROVED AS Tma O FORM:
aecj
HAL d, Astista- ti;ity
Attorney
Resolution No. 3659
July 11, 1991
Item #32
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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, 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, it has been estimated that approximately 8,000
youths nationwide are seriously injured or killed in accidents
each year, often during routine activities such as walking across
streets or bicycling to and from schools, public parks and
playgrounds; and
WHEREAS, many of these recurring tragedies might be
preventable if children were better educated to recognize
potentially dangerous situations and to be more vigilant at such
times; and
WHEREAS, concerned citizens of some communities in Texas and
other states have responded to this need for accident prevention
education in their locales by establishing child -sized "mini
cities" complete with buildings, paved streets and sidewalks,
traffic signals and even battery -powered "mini -cars," all of
which provide an ideal environment for teaching youngsters
important safety habits through upbeat and informal classroom
instruction and fun -filled practical experiences; and
WHEREAS, both the RECIPIENT and THE LEAGUE deem it to be in
the best interest of the citizens of the City of Lubbock to
establish and operate a comparable facility and program known as
"Safety City" to educate local school children in pedestrian,
bicycle and automobile safety, subject to the provisions of this
contract; and
WHEREAS, THE LEAGUE proposes to provide volunteer and
financial assistance for the endeavor in the amounts and upon the
terms and conditions hereinafter set forth;
NOW, THEREFORE, 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
$60,000.00 to THE RECIPIENT to fund the start-up costs associated
with Safety City. 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 and paying expenses attributable solely to the
construction, operation and maintenance of Safety City. This sum
represents a portion of the estimated start-up costs of Safety
City, being a portion of the costs of construction of Safety City
and materials and equipment in connection with the operation,
maintenance and educational aspects of Safety City. The payment
of such sum, however, is contingent upon and subject to the
remaining conditions contained in this agreement. Neither THE
LEAGUE nor THE RECIPIENT shall have any responsibility or
obligation for the remaining costs of construction of Safety
City. The City shall in no way be obligated for any of such
construction costs and 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 Safety City and
regardless of whether or not Safety City is actually constructed
or not. Both THE LEAGUE and THE RECIPIENT herein agree to use
their respective best efforts to raise sufficient funds through
donations and contributions in kind to pay for the construction
and maintenance costs of Safety City that exceed THE LEAGUE's
contribution, but neither party shall have any obligations other
than as set forth herein. For purposes of this contract, both
THE LEAGUE and THE RECIPIENT shall be deemed to have used their
"best efforts" by allowing either their members or their
employees to serve on a steering committee which solicits
donations and contributions in kind for the construction and
maintenance of Safety City.
The funds to be paid by THE LEAGUE shall be paid to THE
RECIPIENT upon presentation of an invoice or statement by THE
RECIPIENT requesting a distribution of funds. After the first
such payment, subsequent requests shall include an accounting by
THE RECIPIENT of the expenditure of the previously requested
funds and an estimate, if possible, of the projected expenditure
of the newly requested funds. The parties contemplate that such
requests for funds will probably be made in three (3) equal
installments between the period of June 1, 1991, through May 31,
1992. If all such funds are not requested during that time, THE
LEAGUE shall have no obligation to pay any portion of the $60,000
contribution after May 31, 1992, even if all such funds were not
requested prior to that time. If for any reason any portion of
the $60,000 contribution paid by THE LEAGUE to THE RECIPIENT is
not used or needed for start-up construction or initial
maintenance of Safety City, such unused or excess funds will be
repaid to 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 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, 1991, and ending May 31, 1994, 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 Safety City.
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 Safety City must be approved in advance by
that party's responsible official, who shall be the
President for THE LEAGUE and the Director of Parks and
Recreation 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 Safety City, 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
Safety City.
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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 Safety City 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
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 and at least
one (1) representative of THE RECIPIENT shall be members of
the steering committee referred to in numbered paragraph 1
of this contract.
3. Volunteer Personnel. For the time period beginning
June 1, 1991, through May 31, 1992, at least two (2) members of
THE LEAGUE shall serve as volunteer personnel at Safety City.
Upon a favorable annual appraisal review of the status of Safety
City by THE LEAGUE, THE LEAGUE may provide at least two (2)
volunteer personnel for each of the one (1) year periods
beginning June 1, 1992, through May 31, 1993, and June 1, 1993,
through May 31, 1994. 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 Safety City during
these subsequent periods.
4. Sponsors for Staff Positions. THE LEAGUE herein agrees
to use its best efforts, as defined herein, (but shall not
otherwise be obligated) to procure a sponsor or sponsors to fund
one or more staff positions at Safety City on an ongoing basis
once construction of the facility has been completed. If the
above funding is obtained, then in such event, the City shall
employ one or more full-time or part-time individuals to perform
the duties necessary for the operation of Safety City.
5. 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.
6. 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.
7. Operations and Maintenance of Safety City. THE
RECIPIENT shall be solely in control of the operation and
maintenance of Safety City and Safety City shall be owned by and
belong to THE RECIPIENT. THE LEAGUE shall have no ownership
interest in or responsibility for any of Safety City's operations
or maintenance.
8. operations. THE LEAGUE shall have no right to control
the details of the construction, operation and maintenance of
Safety City. The right to control such details of the operations
of Safety City shall at all times remain with THE RECIPIENT.
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9. 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,
1994.
10. 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.
11. 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 11th day of July , 1991.
THE JUNIOR LEAGUE OF /rLUBBOCK, INC.
By C YA4l,I� (� u%rL-
Dana Craig, President
EXECUTED IN MULTIPLE COUNTERPARTS, each of which is an
original, this 11th day of July , 1991.
THE CITY OF LUBBOCK
Q
By C1i`N-
6. C. M&Mfnn, Mayor
EST:
Ra ette �3oyd, City Secretary
APPROVED AS TO CONTENT:
Rita Harmon, Assistant City Manager
APPROVED AS TO FORM:
/j�/�
Harol� Willard, Assistant City
Attorney
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