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HomeMy WebLinkAboutResolution - 2000-R0283 - Interlocal Agreement - LISD - Use Of Municipal Coliseum For Ice Skating Lessons - 08/24/2000Resolution No. 2000-80283 August 24, 2000 Item No. 35 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 on behalf of the City of Lubbock an Interlocal Agreement, and any associated documents, with Lubbock Independent School District to provide LISD use of the Lubbock Municipal Coliseum for student ice skating lessons, which Agreement shall be spread upon the minutes of the Council, and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of August , 2000. .r� 111 l * _•��✓ ATTEST: Kaythie amell, City Secretary es. APPROVED AS TO CONTENT: APPROVED AS TO FORM: D6nald G. Vandiver, First Assistant City Attorney DDres/Skateses July 20, 2000 Resolution No. 2000-RO283 August 24, 2000 Item No. 35 STATE OF TEXAS § INTERLOCAL AGREEMENT COUNTY OF LUBBOCK § This Interlocal Agreement ("Agreement"), made and entered into pursuant to the Interlocal Cooperation Act (Chapter 791, Government Code) by and between LUBBOCK INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as "LISD", and the CITY OF LUBBOCK, hereinafter referred to as "CITY." WHEREAS, LISD desires that magnet students have the use the CITY'S Municipal Coliseum Arena for ice skating lessons. WHEREAS, CITY will provide LISD students access to the Municipal Coliseum and its ice rink. NOW THEREFORE, the parties desire to enter into this Interlocal Agreement and agree to the following: WITNESSETH: I. TERM 1.1 Term. The term of this Agreement is from September 11, 2000, or once the ice floor is installed to March 25, 2001, or until the playoffs conclude, which period shall be the "season." 1.2 Option to Renew. The parties have the option to renew this agreement for successive one-year terms for ice skating during the season, if thirty (30) days prior to the end of the term, the parties agree in writing to renew the agreement. II. CONSIDERATION 2.1 LISD will pay the CITY $10,000.00 (TEN THOUSAND DOLLARS) for use of the facilities per season. 2.2 CITY will provide the use of Municipal Coliseum's ice skating rink during specific hours as mutually agreed for each season. 2.3 As subdivisions of the State of Texas, LISD and CITY are exempt under the Internal Revenue Code § 170(b)(1)(A)(iii). 2.4 Payment will be made by LISD to the City of Lubbock in 6 (six) monthly installments of $1,666.67 (ONE THOUSAND, SIX HUNDRED AND SIXTY SIX DOLLARS AND SIXTY SEVEN CENTS) per month during each season, with the first payment to be made within 30 days after the start of the season. RESPONSIBILITIES OF LISD 3.1 LISD will be responsible for transportation of the students to and from their respective schools to the Municipal Coliseum. 3.2 LISD employees will be responsible for supervision of students while in the Municipal Coliseum. The method of determination of types of supervision falls within the discretion and judgement of the individual LISD employees. 3.3 LISD assumes all responsibility for the students while using the Municipal Coliseum for skating activities. LISD will encourage all participants in the program to wear kneepads, elbow pads, gloves, bicycle helmets and a light jacket. IV. PROGRAM 4.1 This program will be available to students who have demonstrated good citizenship, good attendance and are passing all classes. 4.2 Skating activities will generally be conducted once a week, preferably on a Monday or Tuesday, from approximately 3:30 p.m. -4:45 p.m. LISD agrees that the day of the week can be flexible due to major events scheduled in the Coliseum. The dates of March 5-14, 2001 will not be available due to the ice floor being taken out for the ABC Rodeo event. 4.3 The City has agreed to provide all instructors required for the skating activities at no cost to LISD. 4.4 The City will make skates available for rental to the students at a rate of $5.00 per month for each skating activity in which they participate in this program. 4.5 CITY will provide one (1) ticket to a specific Cotton King hockey game to each student who qualifies to participate in the program. The City will also provide up to 2 tickets for the student's parents to attend the same game. Y RESPONSIBILITIES OF THE CITY N 4.1 The CITY will provide the use of the Municipal Coliseum for the purpose of ice skating activities for their students and will conduct and coordinate such activities. Dates and times of such activities will be mutually agreed to, based on building availability. 4.2 The CITY will be responsible for the operation of the Municipal Coliseum, including but not limited to its normal utilities and maintenance. INDEMNITY 5.1 Insofar as the parties hereto are permitted by the Constitution and laws of the State of Texas, each agrees to be responsible for its own negligence for all claims, demands, causes of action, and suits of law, and any and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries caused or arising from the activities of itself, its agents or employees in connection with activities conducted pursuant to this agreement. Each party shall give the other prompt and reasonable notice of any claims or actions arising from activities conducted pursuant to this agreement. VII. TERMINATION 5.1 This Agreement may be terminated by mutual agreement of LISD and CITY any time while giving thirty (30) days written notice of intention to terminate. Mutual agreement is defined as all parties consenting in writing to the unconditional dissolving of this Interlocal Agreement. All notices shall be in writing and sent by registered or certified mail addressed as follows: TO LISD: LISD Superintendent 162819 Street Lubbock, TX 79401 TO CITY: Assistant City Manager for Community Services PO Box 2000 Lubbock, TX 79457 5.2 If this Agreement is terminated, any monies later obtained as a result of services rendered pursuant to this Agreement will be paid on a prorated basis and the overage will be returned to LISD. 5.3 Any payments required to be made by any party to this agreement shall be made from current revenues available to the paying party. VIII. VENUE 6.1 Venue will be in Lubbock, Lubbock County, Texas. EXECUTED this 10 day of August , 2000. LUBBOCK INDEPENDENT SCHOOL DISTRICT: By: • Dr. Jack Clemmons Superintendent DDCWLISDcontract August 1, 2000 4 CITY OF LUBBOCK: .. 0 KIN) "I � �- 4 RA# �. Wd o I M ATTEST: �k���o City Seretary t� APPROVED AS TO CONTENT: Tommy nzalez, ssi, t Manager for Community Services APPROVED AS TO FORM: d G. Van Iver, First Assistant City Attorney