22-1821ORDINANCE NO. 22-1821
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOEXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON,TEXAS AND DENTON INDEPENDENT SCHOOL DISTRICT FOR THE JOINT USE OF
THE MCMATH MiDDLE SCHOOL GOLD GYM AND FOR USE OF THE SOUTHLAKES PARK FOOTBALL, TRACK, TENNIS, AND SOFTBALL FIELDS
WHEREAS, Denton ISD and the City mutually desire to be subject to the provisions of
Texas Government Code Chapter 791, the Interlocal Cooperation Act, which provides
authorization for a local government to contract with one or more local governments or other state
agencies to perform governmental functions and services under the terms of the Act; and
WHEREAS, Denton ISD and the City are mutually interested in an adequate program ofeducational and leisure related activities which can best serve the citizens of Denton; and
WHEREAS, the agreement between the City of Denton and Denton Independent School
District is regarding the joint use of the NlcMath Middle School Gold Gym, South Lakes Park
football, track, tennis, softball fields; and
WHEREAS, the Parties have agreed this Agreement would serve a public benefit and be
beneficial to carry out the performance of governmental functions for the promotion and protection
of the health and welfare of citizens within the Denton community, and full cooperation between
the City and Denton ISD is necessary to achieve the best service with the least possible expenditure
of public funds; and
WHEREAS, the City's Parks and Recreation Department desires access to the McMath
Middle School Gold Gym after school hours for activities and Denton ISD desires use of the
building site and adjacent football, track and softball fields at South Lakes Park; and
WHEREAS, City staff has reviewed the Interlocal Agreement between the City and Denton
ISD and is of the opinion it should be approved; and
WHEREAS, the City of Denton City Council finds it is in the public interest to approvethe Interlocal Agreement; NOW THEREFORE,
THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS:
SECTION 1. The City of Denton City Council finds that the recitations contained in the
preamble of this ordinance are incorporated herein.
SECTION 2. The City Manager, or designee, is further authorized to execute on behalf of
the City the Interlocal Agreement with Denton ISD, a copy of which is attached hereto as Exhibit
“A“ and made a part hereof for all purposes.
SECTION 3. The City Manager, or designee, is further authorized to carry out all duties
and obligations to be performed by the City under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
IT,:'L9bnyb app"aIFiTdUB:as 'made by ;theoMi£tPRrSEed and #rovedby the following vote [3 - n :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the al+- day
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY ntllllltIJ
J;£# ._a4)hz.
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
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BY:
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS ANDDENTON INDEPENDENT SCHOOL DISTRICT FOR THE JOINT USE OF THEMCMATH MIDDLE SCHOOL GOLD GYM AND FOR USE OF THE SOUTHLAKES PARK FOOTBALL, TRACK, TENNIS AND SOFTBALL FIELDS
THIS AGREEMENT is made and entered into by and between the City of Denton,
a Texas home rule municipal corporation (hereinafter “City”) and Denton Independent
School District (hereinafter “D ISD“), a duly organized political subdivision of the State of
Texas engaged in providing services to the citinns of Denton, Texas, each acting by,
through, and under the authority of their respective governing bodies and officials. DISD and
the City are referred to individually as “Party“ and are collectively referred to herein as
“Parties.” This Agreement is for the purpose of providing for joint use of the McMath Middle
School Gold Gym and for joint use of the South Lakes Park football, track, tennis, softballfields
WHEREAS, DISD and the City mutually desire to be subject to the provisions of
Texas Government Code Chapter 791, the Interlocal Cooperation Act, which provides
authorization for a local government to contract with one or more local governments or other
state agencies to perform governmental functions and services under the terms of the Act;
and
WHEREAS, DISD and the City are mutually interested in an adequate program of
educational and leisure related activities which can best serve the citizens of Denton; and
WHEREAS, the Parties have agreed that this Agreement would serve a public
benefit and be beneficial to carry out the performance of governmental functions for the
promotion and protection of the health and welfare of citizens within the Denton community,
and full cooperation between the City and DISD is necessary to achieve the best service with
the least possible expenditure of public funds; and
WHEREAS, the City’s Parks and Recreation Department desires access to the
McMath Middle School Gold Gym after school hours for activities and DISD desires use of
the building site and adjacent football, track and softball fields at South Lakes Park.
NOW THEREFOREI, the Parties, for the mutual consideration stated herein, agree
and understand, as follows:
All matters and recitations stated in the preamble to this Agreement are true and
correct and are hereby incorporated by reference into the provisions of this Agreement for
all purposes.
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Access
1.Denton ISD will provide an office and storage room for use by the City and will
provide a set of keys for this area, as well as for a facility known to the parties at
the time of formation as the “Gold gym“ and the janitorial closet to perform
required cleaning / maintenance. DISD will also retain a set of keys. City
employees will also have access to the Gold gym office and storage room during
all regular school operating hours. City employees must have identification
badges to have access to the building.
2 City wIll have access to the Gold gym every evening between the hours of 6:00
p.m. and 10:15 p.m., except during scheduled school events and programs.
Additionally, City will have access to the gym beginning thirty (30) minutes after
the regular school day is over when there are no regularly scheduled activities,
and on Saturdays between the hours of 7:00 a.m. and 10:00 p.m., and on Sundays
between the hours of 12:00 p.m. and 10:00 p.m. and all other non-school days,
unless a school activity has been previously scheduled. During the summer
months, after school recesses concluding the spring semester, the City will have
access to the gym between the hours of 7:00 a.m. and 10:00 p.m. weekdays.
Weekend hours will remain the same. All activities will be concluded by 10:15
p.m., and the building will be cleaned and vacated by 10:45 p.m., whereupon the
City will lock the gym upon departure with the keys provided.
City agrees to provide adequate staff that must have completed a criminal
background check, in accordance with City and DISD policy, and picture
identification badges to supervise the conduct of gymnasium patrons at all times
during these activities, and to make reasonable efforts to stop or prevent
disruptive, ill-mannered or destructive behavior by patrons in the gymnasium.
However, this supervision shall not constitute an indemnification of damages
caused by third party patrons, nor shall it be construed as a contractual obligation
to assume responsibility for claims by DISD or third parties arising out of an
alleged failure of the City to reasonably supervise.
The Parties shall cooperate with one another to prevent ill-mannered or
destructive behavior from occurring on either Party’s property by providing, upon
request9 to the other party any known names and addresses of those who
participated in destructive behavior and taking reasonable action at the time of the
occurrence of the incident to prevent the activity from occurring or reoccuning.
3. The City will provide the McMath Middle School Principal a list and criminal
background checks of all employees scheduled to work in the facility once a
month. City employees will sign in and out at the front desk, or other appropriate
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locale, noting the City employee’s name, time of entry and time of exit during
school hours. City will ensure all employees maintain picture identification
badges that work in the facility, and will be required to wear the identification
badges in a manner that the badges are visible to all at all times the employee is
on DISD property. Might it be wise management for City Employees to aD outeven when it is after regular school hours?
Scheduling
4.DISD will provide on an annual basis, a schedule of school-sponsored activities
and maintenance occurring in the Gold gym which would conflict with the city
hours of operation in the facility. In the event that the Gold gym is unavailable
for scheduled City activities, DISD, within reason, will make comparable and
equivalent substitute facilities available.
5. The Parties will provide a 30 days’ notice of any substantial changes to their
schedule. The Parties will make every efFort not to disrupt scheduled activities
of either party.
Costs
6. All costs for utilities and regular custodial services will be absorbed by DISD,
except as specifically provided otherwise herein. Should the City request
custodial services, DISD will invoice $25 per hour on a quarterly basis.
Equipment
7.The City will provide its own sports equipment, which will be stored in the
designated storage room. School-owned equipment will be provided upon prior
request, including, but not limited to, volleyball standards, scoreboard controls,
basketball raising and lowering mechanism and bleacher control devices. City
shall be responsible for any damage to DISD property provided to the City.
Signage
8. The City shall be allowed to use the brochure rack in the Gold gym to display
information on Parks and Recreation’s activities. The City will be allowed to
display additional informational signage, as long as the City uses materials
approved by DISD prior to placement of the signage.
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Maintenance
9.DISD will provide adequate clean-up of school sponsored activities in the Gold
gym and restrooms, which includes removing trash, sweeping and mopping floors
and restocking paper supplies in the restrooms. The City, at its sole cost, will on
each day in which the City has used the facilities provide trash bags and remove
trash from the Gold gym and restrooms, and sweep the gym, and shall mop the
floors of the Gold gym each week at the end of the day Saturday.
Access to Outdoor Facilities
10. DISD is authorized to utilize the football field, softball diamond, tennis courts
and track in South Lakes Park, adjacent to the McMath building. DISD agrees to
provide stafF to supervise the conduct of students during school activities, and to
make reasonable efforts to stop or prevent disruptive, ill-mannered or destructivebehavior by students. However, this supervision shall not constitute an
indemnification of damages caused by third parties, nor shall it be construed as a
contractual obligation to assume responsibility for claims arising out of an allegedfailure of the DISD to reasonably supervise. City will have access to these
outdoor facilities when there are no regularly scheduled school activities. Thetennis courts will be available for unstructured use after school hours. The school
district will maintain the athletic fields and the area on the east side of the campus
down to the vegetation line of the creek.
Warranties
11. The facilities, including all portions thereof and all equipment provided by either
Party for use, are provided “As is.“ Neither Party makes any representations,
warranties, or guarantees, express or implied, including. without limitation, the
warranty of merchantability and the warranty of fitness for a particular purpose,
relating to the facilities or to either Party’s use thereof.
Each party agrees to be responsible for any damages caused by the party’s direct
use of the other’s Party’s facilities or equipment, less depreciation. However, this
responsibility shall not extend to damages caused in whole or in part by ordinarywear
Consideration
12. DISD and City enter into this agreement on consideration of the mutual promises
and duties set forth herein, and upon the right to jointly use facilities owned by
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each. By execution of this agreement, the parties stipulate to the to the adequacyof consideration therefor.
Liability and Immunity
13. This Agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither Denton nor DISD waives, nor shall be deemed hereby
to waive, any immunity or defense that would otherwise be available to it against
claims arising by third parties. The parties to this Agreement agree that the
exchanges and permitted uses described in this Agreement constitute payments in
amounts that fairly compensate the other party for the services and functions
performed under this Agreement.
In the performance of their respective duties hereunder, the Parties hereto and
their respective employees and agents, are at all times acting and performing as
independent contractors of each other. No Party will have the authority to act foror bind another Party in any respect or to incur or assume any obligation or
liability, or responsibility on behalf of or in the name of another Party hereto.
DISD agrees and understands that DISD, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants,
agents, and/or representatives of the City. The City agrees and understands that
the City, its employees, servants, agents, and representatives shall at no time
represent themselves to be employees, servants, agents, or representatives ofDISD
DISD shall be responsibie for the acts, negligence, and/or omissions of all DISD,
its employees, agents, subcontractors, and/or contract laborers and for all other
persons doing work under a contract or agreement with the DISD.
The City shall be responsible for the acts, negligence, and/or omissions of all City
employees, agents, subcontractors, and/or contract laborers and for all other
persons doing work under a contract or agreement with the City.
Term and Termination
14. The initial terms of this Agreement is from the date of execution until the first
day of the 2022-2023 school year. Thereafter, the agreement shall automatically
renew for successive one-year periods, unless terminated by delivering written
notice of non-renewal at least sixty (60) days prior to the end of that term. Notice
shall be effective upon actual receipt (or upon posting of certified mail), if
directed to the attention of the following individuals:
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City ManagerCity of Denton215 E. McKinney
76201
SuperintendentDenton ISD1307 N. Locust
76201
With Copies to:
Director
City of DentonParks and Recreation
601 E Hickory StDenton, Texas 76205
Executive Director
Denton ISD
Operations
230 North Mayhill Road
Denton, Texas 76208
Supersede
15. Tlris Agreement supersedes the letter agreement dated September 10, 1998,
relating to joint use of the McMath facilities, but is not intended to supersede any
other written agreement between the parties, except to the extent of a conflict.
Severability
16. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants, conditions or any other part of this Contract are for any reason held tobe invalid, void or unenforceable, the remainder of the terms, sections,
subsections, sentences, clauses, phrases, provisions, covenants, conditions or any
other part of this Contract shall remain in full force and effect and shall in no way
be afFected, impaired or invalidated, unless doing so would undermine the
purposes of the Agreement.
Governing Law
17. Tlris Agreement is entered into subject to the City Charter and Ordinances of the
City of Denton as they may be amended from time to time and is subject to and
is to be construed, governed, and enforced under all applicable State of Texas andFederal law. DISD enters into this Agreement subject to its policy and applicable
laws of the State of Texas and the United States. Situs of this Agreement is agreed
to be Denton County, Texas, for all purposes including performance andexecution.
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EXECUTED in duplicate originals this the_@ day of 2022.
:2-26 - J_
Date
7- aa -2/
Mia Price, Board President Date
Date
Attest: Rosa Rios, City Secretary,Z,,L .
Date
Approved As To Legal Form:
Mack Reinwand, City Attorney
By: dntaz£h Bb&bun ?- / G-zz
Date
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