21-1568ORDINANCE NO. 21-15 68
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE AN AGREEMENT FOR TRANSPORTATION WITH DENTON
INDEPENDENT SCHOOL DISTRICT FOR USE OF BUSES FOR TRANSPORATION FOR
DENTON PARKS AND RECREATION CAMP PROGRAMS; AUTHORIZING THE INTERIM
CITY MANAGER, OR HER DESIGNEE, TO PERFORM ALL OBLIGATIONS OF THE CITY
UNDER THE AGREEMENT, INCLUDING THE EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") summer camp programs travel on field trips to
various destinations; and
WHEREAS, Denton Independent School District (DISD) has school buses that are
underutilized during the summer: and
WHEREAS, DISD can provide bus transportation for camps and seeks to serve the children
and families of Denton; and
WHEREAS, DISD has presented the City of Denton ("City") with a proposed Agreement
for Transportation ("Agreement") regarding the City's use of buses for transportation of campers
that would be effective from execution through the Summer of 2021 unless terminated earlier in
accordance with the terms of the Agreement; and
WHEREAS, City staff has reviewed the Agreement required by DISD and is of the opinion
that it should be approved; and
WHEREAS, the City Council finds it is in the public interest to approve the Agreement;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
SECTION 2. The Interim City Manager, or her designee, is hereby authorized to execute
on behalf of the City the Agreement for Transportation between the Denton Independent School
District and City of Denton for the use of bus transportation, a copy of which is attached as Exhibit
A and incorporated herein.
SECTION 3. The Interim City Manager, or her designee, is further authorized to carry out
all duties and obligations to be performed by the City under the Agreement, including, but not
limited to, the expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
Page 1 of 2
The motion to approve this ordinance was made by Oe—'o c m ; and seconded
by j(, c–fS je-c_ V-- the ordinance was passed and approved by the
following vote 1 - C)1:
Abstain Absent
Z
PASSED and APPROVED this the s•� day of RQ qOS-�- , 2021
r
GERARD H S ETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY BY:
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: —L
-;W t PT-
Page 2 of 2
Aye Nay
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
Brian Beck District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Abstain Absent
Z
PASSED and APPROVED this the s•� day of RQ qOS-�- , 2021
r
GERARD H S ETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY BY:
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: —L
-;W t PT-
Page 2 of 2
DocuSign Envelope ID: B118048F-CDE3-4348-B4DB-7E3D45E3A668
EXHIBIT A
Agreement for Transportation
This Agreement for Transportation is between the City of Denton and the Denton
Independent School District (referred to as Denton ISD).
The City of Denton seeks to engage Denton ISD for transportation service for City Summer
Camps during the summer of 2021. The Summer Camps are typically scheduled between June
1st and August 15th each year. As both the City of Denton, through their Summer Camp
program, and the Denton ISD seek to serve the children and families of Denton, this Agreement
will assist both Parties in achieving their goals. Denton ISD agrees to provide transportation for
the following Summer Camps:
1. Camp Exploration from the Denton Civic Center
Thursdays only 9:30am -- 3:30 pm
Transportation for 50 campers and 6 staff
2. Camp Conquest from North Lakes Rec Center
Days TBD (Approximately 3-4 days per week)
Transportation for 20 campers and 4 staff
3. Super Kids Camp from Calhoun Middle School
Tuesdays - 9am — 4pm
Transportation for 50 campers and 6 staff
4. Camp Discovery from MLK Jr. Rec Center
Days TBD (Approximately 3-4 days per week)
Transportation for 30 kids and 5 staff
5. Camp Voyage from Denia Rec Center
Days TBD (Approximately 3-4 days per week)
Transportation for 20 kids and 4 staff
6. Clear Creek Camp from Clear Creek Natural Heritage Center
Tuesday & Thursday 11:30 a.m. — 3:30 p.m.
Wednesdays 9:30 a.m. — 3:30 p.m.
Transportation for 34 kids and 5 staff
In consideration for these transportation services, the City of Denton agrees as follows:
Agreement for Transportation
Page 1 of 3
DocuSign Envelope ID: 13118048F-CDE3-4348-B4D8-7E3D45E3A668
1. The City of Denton agrees to pay Denton ISD $3.57 per mile. Denton ISD will bill the
City of Denton for mileage once per month, with payment to be made within 30 days of
invoice.
2. The City of Denton agrees to pay Denton ISD $20.00 per hour for each bus driver
utilized in providing transportation services.
The City will name Denton ISD as an additional insured and, to the extent allowed by
law, hold harmless Denton ISD regarding transportation services.
4. Reimburse Denton ISD for any unanticipated costs associated with the transportation
services.
MISCELLANEOUS:
Independent Contractor: Denton ISD is and at all times shall be deemed to be an independent
contractor. Nothing contained herein shall constitute a Joint Venture.
Mutual Responsibility and Preservation of Defenses: The City of Denton agrees to and
accepts full responsibility for acts, negligence and/or omissions of all the City of Denton
employees and agents, subcontractors and/or contract laborers in performing services under this
Agreement. Denton ISD agrees to and accepts full responsibility for acts, negligence and/or
omissions of all Denton ISD employees and agents, subcontractors and/or contract laborers in
performing services under this Agreement. This paragraph shall not be construed as a waiver by
either parry of any defenses available to it under the laws of the State of Texas including, without
Iimitation, the defense of governmental immunity, the limitations of liability -imposed Title 5 of
the Texas Civil Practice and Remedies Code, and the limitations of liability during times of
disaster and emergency imposed by Chapter 418 of the Texas Government Code, and other
applicable laws and statutes.
PROGRAM FUNDING: All funds necessary for the operation of this program, whether by the
Denton ISD or the City of Denton are allocated from the school district's annual fiscal budget,
and from current available revenues.
TERM OF AGREEMENT: Term of this agreement is during the summer of 2021.
DISPUTES: Any dispute arising from the failure of either Denton ISD or the City of Denton to
perform shall be submitted to mediation and may be appealed to the court of jurisdiction in
Denton County. It is further agreed and understood that the scope of matters to be submitted to
dispute mediation as referenced above is limited to disputes concerning sufficiency of
performance and duty to pay. Any other disputes or conflicts involving damages or claimed
Agreement for Transportation
Page 2 of 4
[}ocuSlgn Envelope 10: E3118048F-COE3.4348-84Q8-7E 3D45E3MOO
remedies outside the scope of sufficiency of performance and compensation adjustment shall be
referred to a court of competent jurisdiction in Denton County, Texas.
ASSIGNMENT: Neither party shall assign, transfer, or sub -contract any of its rights, burdens,
duties, or obligations under this Agreement without the prior written permission of the other
party to this Agreement.
NOTICES: All notices, demands or other writings may be delivered by either party by U.S.
First Class Mail or by other reliable courier at the following addresses:
DENTON ISD:
,Tames K. Wilson, III, Ed.D.
Denton ISD Superintendent
1307 North Locust Street
Denton, Texas 761201
Telephone (940) 369-0002
CIT h Dt} ENION
Sara Hensley
Interim City Manager
215 E McKinney Street
Denton, TQC 76201
Telephone (940) 349-8200
AND Paul Andress
Denton ISD Exec. Dir. of Operations
230 North Mayhiil Road
Denton, Texas 76201
Telephone (940) 359-0230
AND Gary Packan
Director of Parks and Recreation
901 Texas Street
Denton, TX 76209
Telephone (940) 349-7460
AUTHORIZED EXECUTION: The undersigned administrator or Trustee of the parties hereto
are the properly authorized officials and have the necessary authority to execute this Agreement
on behalf of the parties hereto, and each party certifies to the other that any necessary resolutions
or ordinances extending said authority have been duly passed and are now in full force and
effect.
EXECUTED in duplicate originals as described below.
DENTON INDEPENDENT SCHOOL
DISTRICT
Paul Andress,
CITY OF DENTON
rin6o'd Name]
Agreement for Transportation
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DocuSign Ernefope ID: ell 8N8F=1=-3-4348-B4D8,7E3D46E3M68
Executive Director of Operations
Denton Independent School District
EXECUTED on this
Date:-p-iob
in tee'lm 0:121 MT2a1Titlel
w City of Denton
EXECUTED on this
Date: G ug c_.iy
ATTEST:
Rosa Rios, City Secretary
By:,. �...
APPROVED AS TO LEGAL FORM:
Catherine Clifton, lnterimyjV Attorney
By:
TIES AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
C�,� Gary Packan
SIGNATURE PRINTED NAME
Director of Parks & Recreation
TITLE
Parks & Recreation
DEPARTMENT _
Agreement for Transportation
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