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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