1986-0380322L
NO Z _28
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND DENTON BOY'S BASEBALL, INC FOR RECREATIONAL
PROGRAMS SPONSORED BY THE PARKS AND RECREATION DEPARTMENT, APPROV-
ING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Council has determined that it is in the
best interest of the citizens of the City to enter into a Contract
with Denton Boy's Baseball, Inc for a recreational program, and
WHEREAS, Section 2 36 (f) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$10,000, and
WHEREAS, Section 2 09 of the Charter of the City of Denton,
Texas requires that every act of the Council providing for the
expenditure of funds or for the contracting for indebtedness shall
be by ordinance, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the Mayor and City Secretary are hereby authorized and
directed to execute and attest, respectively, the contract between
the City of Denton and Denton Boy's 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 funds in
the 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 immediately upon
its passage and approval 7k
PASSED AND APPROVED this the ~ day of , 1986
C~vI
RICHARD 0 S ART, MAYOR
CITY OF DENTON, TEXAS
ATTEST
C L TT ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY :R 4~ &
THE STATE OF TEXAS §
CONTRACT BETWEEN THE CITY OF
COUNTY OF DENTON § DENTON & DENTON BOY'S BASEBALL, INC
>A--
This Agreement made this the Aday of , 198J7,
by and between the Denton Boy's Baseball, Inc , h reinafter
referred to as the "Organization," and the City of Denton, Texas,
hereinafter 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, 1986 through August 31, 1986 After approval of the
Organization's proposed budget, the City agrees to deposit with
the Organization on April 1, 1986, the sum of Eleven Thousand Five
Hundred and No/100 ($11,500 00) Dollars to meet the anticipated
expenditures of 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 N01100 ($11,500 00) Dollars
paid to the Organization by the City and all expenditures for
services provided shall be made from this account Organization
shall not commingle funds received from other sources in this
account
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 August, 1986
G It will refund the balance of the special account to the
City of Denton on or before August 31, 1986
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
DENTON BOY'S BASEBALL, INC -PAGE 2
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
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 Agreement This agreement constitutes the entire
understanding between 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
DENTON BOY'S BASEBALL, INC -PAGE 3
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 with 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
Steve Brinkman
Parks & Recreation Director
321 East McKinney
Denton, Texas 76201
Notice to Organization
Ronnie Roberts
1207 Bellemead
Denton, Texas 76201
IN WITNESS WHEREOF, the parties have executed this Agreement
-r
this day of , 1986
CITY OF DENTON, TEXAS
BY A a 4 &
RICK SVEHLA, ACTING CITY MANAGER
ATTEST
CH RLOTTE LEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY Q4,4z & Q
DENTON BOY'S BASEBALL, INC
BY
RONNIE ROBERTS
DENTON BOY'S BASEBALL, INC -PAGE 4
I hereby designate Steve Brinkman as the City's representative
to administer the provisions of this Agreement
DATE RIC SVEHLA, A TIN CITY MANAGER
DENTON BOY'S BASEBALL, INC -PAGE 5