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HomeMy WebLinkAbout1987-0600322L NOO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BE- TWEEN THE CITY OF DENTON AND DENTON BOYS BASEBALL, INC FOR RECREATIONAL PROGRAMS SPONSORED BY THE PARKS AND RECREATION DEPARTMENT, APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor and City Secretary are hereby authorize_c ancr directed to execute and attest, respectively, the contract between the City of Denton and Denton Boys Baseball Inc , under the terms and conditions contained in said contract which is attached hereto and made a part hereof SECTION II That the City Council authorizes the expenditure of funks Tin t e amount of Eleven Thousand Five Hundred and No/100 Dollars ($11,500 00) as specified in the attached contract SECTION III That this ordinance shall become effective imme late y upon its passage and apprgval PASSED AND APPROVED this the 9�7day of 1987 RAY SUPHENS, PAYOR CITY DENTON, TEXAS ATTEST J IFE ALT RS A NG C fY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY 0322L THE STATE OF TEXAS S CONTRACT BETWEEN THE CITY OF COUNTY OF DENTON S DENTON & DENTON BOYS BASEBALL, INC This Agreement made this the � day of , 1987, by and between Denton Boys Baseball, Inc , here na ter referred to as the "Organization," and the City of Denton, Texas, herein- after referred to as "City," each acting by and through its authorized officials, pursuant to the following terms and conditions I DEPOSIT OF FUNDS BY CITY Organization shall submit a proposed budget for approval to the Parks and Recreation Department of the City of Denton, itemizing its anticipated expenditures and income for the period from April 1, 1987 through August 30, 1987 After approval of the Organization's proposed budget, the City agrees to deposit with the Organization on Appril 1, 1987, the sum of Eleven Thousand Five Hundred and NO/100 ($11,500 00) Dollars to be used solely for officiating expenses by the Organization The City shall make such payment solely from current revenues in the budget of the Parks and Recreation Department II OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from the City, Organization agrees to the following terms and conditions A It will establish a separate bank account for deposit of the Eleven Thousand Five Hundred and No/100 ($11,500 00) Dollars paid to the Organization by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for officiating expenses Organization shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose B It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program C It will permit authorized officials for the City of Denton to review its books at any time D It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever adopted E It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement F It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the 1st day of September, 1987 G It will refund the balance of the special account to the City of Denton prior to October 1, 1987 H It will promptly pay all bills when submitted unless there is a discrepancy in a bill, any errors or discrepancies in bills shall be promptly reported to the Director of Parks and Recreation or his authorized representative for further direction I It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested J It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Asso- ciation, its employees, and/or contractors K It will provide qualified persons to officiate at all games sponsored by the Organization Such officials shall be hired as independent contractors and not as employees of the Organization L It will obtain releases from those officiating at games which will release, indemnify and hold the City and the Organization harmless from any and all claims for injuries or damages sustained by such officials or sustained by third parties due to the acts or omissions of such officials III ORGANIZATION AS INDEPENDENT CONTRACTOR In conducting its business hereunder, Organization acts as an independent contractor and not as an agent or department of the City The selection, retention, assignment and control of Organization's employees shall be the sole responsibility of Organization DENTON BOYS BASEBALL, INC -PAGE 2 IV CONFLICT OF INTEREST Any officer, employee or member of Organization who may also be an officer or employee of the City shall be prohibited from exercising any control or authority, direct or indirect, over the administration of the provisions of this Agreement either on behalf of Organization or the City V DEFAULT In the event Organization fails to comply with any of the terms and conditions hereof, the City shall notify Organization of such failure in writing Upon receipt of such notice, Organization shall make no further disbursement of funds from the account required to be established in Paragraph II(A) herein If such default is not corrected within ten (10) days from receipt of notice from the City, the City may declare this Agreement terminated by written notice to Organization and all funds remaining in the above -referenced account shall be immediately returned to the City VI MISCELLANEOUS PROVISIONS A Entire A Agreement This agreement constitutes the entire understate etb ween the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof Any change or modification hereof shall be in writing signed by both parties B Assignment This agreement shall not be assigned except by the written consent of both parties hereto C Governing Law This Agreement is to be construed in accordance witT the laws of the State of Texas D Notice Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, with postage prepaid Notice to City Notice to Organization Steve Brinkman Ronnie Roberts Parks $ Recreation Director 1207 Bellemead 321 East McKinney Denton, Texas 76201 Denton, Texas 76201 DENTON BOYS BASEBALL, INC -PAGE 3 IN W SS WHEREOF the pa ties have executed this Agree- ment this day of 1987 CITY OF DENTON, TEXAS BY RAY STTHENS, MAYOR ATThST JE FE W TERS AC G CIT SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY DENTON BOYS BASEBALL, INC I: � I•11: 1. A �xU44NIL ROBhRTS I hereby designate Steve Brinkman as the City's representative to administer the provisions of ;this A eement/23-87DATE OY V HARR LL, CITY MANAGER DENTON BOYS BASEBALL, INC -PAGE 4