22-2042ORDINANCE NO. 22-2042
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER. OR THEIR DESIGNEE, TOEXECUTE AN INTERLOCAL AGREEMENT WITH THE UNIVERSITY OF NORTHTEXAS TO CONDUCT “COURT ON CAMPUS” EVENTS, ALLOWING UNIVERSITYSTUDENTS TO INTERACT WITH COURT PERSONNEL, LEARN ABOUT COURTPROCESSES, AND RESOLVE ANY OUTSTANDING OFFENSES BEFORE THE
COURT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") and the Denton Municipal Court wishes to
conduct “Court on Campus” events where certain court services will be provided on the UNT
campus; and
WHEREAS, the University of North Texas (“UNT”) wishes to host before mentionedevents; NOW THEREFORE
TIIE COUNCIL OF TIIE 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 thisOrdinance.
SECTION 2. The City Manager, or their designee, is hereby authorized to execute on
behalf of the City an Interlocal Agreement with UNT substantially in the form attached hereto
as Exhibit A (the "Agreement").
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by B @L@
and seconded by Broan Chase KCb , the ordinarie \
approved by the following vote [5_ - b] :
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:IZ
Vicki Byrd, District 1 :1/
1/Brian Beck. District 2 :
Jesse Davis. District 3 :
Allison Maguire, District 4 :
Brandon Chase McGee, At Large Place 5 :1/
V/Chris Watts, At Large Place 6:
PASSED AND APPROVED thi, th, ad,y ,f MM--_J 2022.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY 1\\\IIII III/a _ aZ%
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
THE STATE OF TEXAS g
§COUNTY OF DENTON §
INTERLOCAL AGREEMENT
This Interlocal Agreement (this “Agreement”) is entered into by and between the following parties:
the City of Denton, a Home Rule City located in Denton County, Texas, hereinafter referred to as
“City,” and the University of North Texas, a public higher educational institution of the State of
Texas, hereinafter referred to as “University,” with the City and the University individually beinga “party” and collectively “parties.”
Whereas, the City of Denton Municipal Court (“Court”) wishes to host “Court on Campus”
events with the University (the “Events”) wherein certain Court services will be provided at the
University. The Events will allow University students to interact with Court personnel to learn
about Court processes and also resolve any outstanding offenses pending before the Court; and
Whereas, the University wishes to host the Events on University property and provide
support for the Events; and
Whereas, Chapter 791 of the Texas Government Code allows local governments to contract
with one or more units of local government to perform governmental functions and services;
NOW THEREFORE, in consideration of the mutual covenants set forth herein, the City
and the University agree as follows:
1.Effective Date, Term and Termination
This Agreement shall have an effective date of October 1, 2022 (the “Effective Date”).
The Term of this Agreement shall commence on October 1, 2022 and shall continue through May
1, 2023, unless earlier terminated by either party in accordance with this Agreement or applicablelaw
2. Facilities Use; Costs of Event
Subject to availability, the City will have reasonab ie access and use of a location designated by
the University for each Event. The University and City will determine reasonable access to the
facility for the Events. The City will maintain operational control of the Events and a City
employee will be present at all times while each Event is being conducted. City’s use of University
space shall be in accordance with applicable University rules, requirements and policies.
There are no fees or costs being paid by a party to the other party in connection to the Events. Both
parties will respectively cover their own personnel costs. The City will provide technology to its
employees to access court records from the University. The University will cover their own cost
incurred including for their own advertising for the Events, for providing a facility for the Events,
and providing internet access for City employees for use during the Events.
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3. Responsibility for Losses
City and University each acknowledge that the other is self-insured for some losses at the execution
of this Agreement.
City shall not be liable for any claims, damages and attorney fees arising from the negligent or
illegal acts of University employees in relation to the Events that result from the University’s
facilities, policies, practices or operations. University shall not be liable for any claims, damages
and attorney fees arising from the negligent or illegal acts of City employees in relation to the
Event that result from City facilities, policies, practices or operations.
Except as otherwise provided herein, if both University and City are liable for any claims, damages
or attorney fees arising from the negligent or illegal acts of City and University employees under
this Agreement, City and University shall be liable for only their portion of the claims, damages
and attorney fees that arise from the negligent or illegal acts of that party as determined by the
court adjudicating the matter or as agreed in any settlement.
If any City employee suffers any loss while on duty at the Events, City shall be at risk for the
liability for the loss under its workers compensation self-insurance fund. If any University
employee suffers any loss while on duty at the Events, University shall be at risk for the liability
for the loss under its workers compensation self-insurance fund.
4. Certifications
Each signer of this Agreement possesses the right, power, legal capacity and full legal authority to
execute this Agreement on behalf of the contracting party and to bind the contracting party to theterms and conditions set forth in this Agreement. Furthermore, the signer of this Agreement
certifies that the contracting party has the legal authority to perform or receive the services required
by this Agreement, that the contracting party has received all necessary approvals to execute and
deliver this Agreement, and that such services further a governmental function of the City and the
University .
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If a dispute arises between the parties under this Agreement, which the parties are unable to resolve
through negotiation, the parties agree that the dispute will be submitted for mediation before anysuit is filed. If the mediation does not successfully resolve the dispute, each party is free to pursue
other remedies available to them.
This Agreement is made under and shall be governed by the laws of the State of Texas, without
regard to conflicts of laws principles which would apply the law of any other jurisdiction. The
courts of Texas shall have jurisdiction of any dispute arising out of or concerning this Agreement,
either administrative or judicial, and venue shall be proper and lie exclusively in Denton County,Texas
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5. No Assignment
A party to this Agreement shall not assign or transfer its interests under this Agreement.
6. Waiver of Immunity
It is expressly understood and agreed that neither party waives, nor shall be deemed to waive, any
immunity or defense that would otherwise be available to it against claims arising in the exercise
of governmental powers and functions.
7. No partnership
This Agreement does not create any partnership, employee, fiduciary, insurance, or agency
relationship between the parties or any of their agents or employees. No party to this Agreement
will be responsible for the acts of the other party or any other employee of the other party by virtue
of this Agreement, except as may be decreed against that party by a judgment of a court of
competent jurisdiction. It is expressly undwstood and agreed that in the execution of this
Agreement, no party waives, nor shall be considued to waive, any immunity or defense otherwise
available to it against any claims by third parties. This Agreement may be executed in any number
of counterparts, each of which shall be deemed an original and constitutes one and the sameInstrument.
8. Notices
All notices required or permitted by this Agreement shall be in writing and be deemed received
when deposited in the Unites States mail, postage prepaid, addressed to the following person or
such other person or address as the parties may designate in writing or by hand delivery to theaddress set forth tnlow:
If intended for Denton:City Manager
City of Denton, Texas
215 E. McKinneyDenton, TX 76201
If intended for the University:
Executed effective as of the Effective Date by the following duly authorized representatives:
City of Demon
By
Name'
Title:A
Date: V)
Name:
Title:
Clayton GibsonUce President for Finance &
Administration, CFOAagMG-ru-