23-009 INCOMPLETEDocuSign Envelope ID: F4EOC04A42A040CB-8B78.DED86E59B535
ORDiNANCE NO. 23-009
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENTBETWEEN THE CITY OF DENTON AND DENTON BENEFIT LEAGUE FOR THE
EXPENDITURE OF COUNCIL CONTINGENCY FUNDS IN THE AMOUNT OF $250; ANDPROVIDING AN EFFECTIVE DATE.
WHEREAS, Denton Benefit League is a nonprofit organization that raises funds for local
philanthropic purposes and promotes volunteerism in the community; and
WHEREAS, Vicki Byrd, District 1, requested support from available contingency funds to
sponsor a fundraising event befitting the nonprofit’s mission; and
WHEREAS, the City Council of the City of Denton hereby finds the agreement between
the City and Denton Benefit League, attached hereto and made a part hereof by reference (the
“Agreement”), furthers a charitable cause, economic or community growth, or public interest;NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporatedby reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager is hereby authorized to execute the Agreement and to
carry out the duties and responsibilities of the City under the Agreement, including the expenditure
of funds in an amount not to exceed $250 in accordance with the terms of the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
and sec:l;eTrTf:thin:A(?#de by. This =£:=cehtssed and
approved by the following vote [3_ - (E] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:\/
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1//
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Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 :\/
Chris Watts, At Large Place 6:La
DocuSign Envelope ID: F4EOC04A-42AO-40CB-8B78-DED86E59B535
PASSED AND APPROVED thi, th, \Oh day of 2023
G:hL„"
ATTEST :
ROSA RiOS, CITY SECRETARY ben
BY:_ pak?‘
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
UteulH'r
BY:
DocuSign Envelope ID: 2B001C3E-F3534995-8689-D4987672CF93
COUNCIL CONTINGENCY FUND AGREEMENTBETWEEN THE CITY OF DENTON ANDDENTON BENEFIT LEAGUE
This Agreement is hereby entered into by and between the City of Denton, a Texas home
rule municipal corporation, hereinafter referred to as “City”, and Denton Benefit League, a Texas
non-profit corporation.
WHEREAS, City has determined the services provided by Denton Benefit League to the
citizens of the City merit assistance through the Council Contingency Fund and the City has
provided funds in its budget for such Council Contingency Fund; and
WHEREAS, this Agreement serves a valid municipal and public purpose and is in the
public interest;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1:OBLIGATIONS OF DENTON BENEFIT LEAGUE
In consideration of the receipt of funds from City, Denton Benefit League agrees to the
following terms and conditions:
A. Two Hundred Fifty Dollars and no/100 ($250.00) shall be paid to Denton Benefit
League by City to be utilized for sponsoring the Tabloid publication.
B. Denton Benefit League will maintain adequate records to establish that the City
funds are used for the purposes authorized by this Agreement. Funds shall be used on expenses not
prohibited or deemed criminal pursuant to Texas law.
C. Upon request, Denton Benefit League will permit authorized officials of City to
review its books, financial statements, and records and provide copies of its By Laws, rules and
regulations, and meeting minutes at any time. Such copies shall be made available within ten (10)business days of such request. All records pertaining to the funds granted hereby shall be
maintained for at least five (5) years.
D. Denton Benefit League will not enter into any contracts that would encumber City
funds for a period that would extend beyond the term of this Agreement.
E. Denton Benefit League will appoint a representative who will be available to meet
with City officials when requested.
F. Denton Benefit League will comply with all applicable federal, State, and local
laws and policies including all applicable equal employment opportunity and affirmative action
laws or regulations. In the event of Denton Benefit League’s non-compliance with the non-
discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole
or in part, and Denton Benefit League may be barred from further contracts with City.
DocuSign Envelope ID: 2B001C3E-F3534995-8689-D4987672CF93
G. Denton Benefit League will comply with all applicable federal, state, and local
laws and policies regarding conflicts of interest and will not participate in any transactions or
decisions where such a conflict might exist.
11:TIME OF PERFORMANCE
The term of this Agreement shall commence on the date of the last signature affixed to thisAgreement (the “effective date”) and terminate Denton Benefit League, unless the contract issooner terminated under Section V “Termination”.
III. PAYMENTS
A. PAYMENTS TO AMERICAN LEGION mALL. City shall pay to Denton Benefit League the
sum specified in Article II after the effective date of this Agreement.
B. ExcEss PAYMENT. Denton Benefit League shall refund to City within ten (10)
working days of City’s request, any sum of money which has been paid by City and which City at
any time thereafter determines: has resulted in overpayment to Denton Benefit League; or has not
been spent strictly in accordance with the terms of this Agreement; or is not supported by adequate
documentation to fully justify the expenditure.
IV. EVALUATION
Denton Benefit League agrees to participate in an implementation and maintenance system
whereby the services can be continuously monitored. Denton Benefit League shall maintain
records that provide complete and accurate statements as to the status and use of City funds. In
addition, upon request, Denton Benefit League agrees to provide City the following data and
reports, or copies thereof: all external or internal audits. Denton Benefit League shall submit a
copy of the annual independent audit to City within ten (10) days of receipt; all external or internalevaluation reports; and an explanation of any major changes in program services.
V. TERMINATION
The City may terminate this Agreement for cause if Denton Benefit League violates anycovenants, agreements, or guarantees of this Agreement, Denton Benefit League’s insolvency or
filing of bankruptcy, dissolution, or receivership, or Denton Benefit League’s violation of any law
or regulation to which it is bound under the terms of this Agreement. The City may terminate thisAgreement for other reasons not specifically enumerated in this paragraph, including forconvenIence.
VI. WARRANTIES
Denton Benefit League represents and warrants that:
DocuSign Envelope ID: 2B001C3E-F3534995-8689-D4987672CF93
A. All financial reports, information, reports, records, and data heretofore or hereafter
requested by City and furnished to City, are complete and accurate and fairly reflect the financial
conditions of Denton Benefit League, if applicable, as of the date shown on the financial report,
information, data, record, or report, and, since that date, have not undergone any significant change,
adverse or otherwise, without written notice to City.
B. No litigation or legal proceedings are presently pending or threatened against
Denton Benefit League.
C. None of the provisions herein contravenes or is in conflict with the authority under
which Denton Benefit League is doing business or with the provisions of any existing indenture
or agreement of Denton Benefit League.
D. Denton Benefit League has the power to enter into this Agreement and accept
payments hereunder and has taken all necessary action to authorize such acceptance under the
terms and conditions of this Agreement.
E
transactIon.Denton Benefit League does not have any conflicts of interest with respect to this
Each of these representations and warranties shall be continuing and shall be deemed to
have been repeated by the submission of each request for payment.
VII. CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall be by
written amendment executed by both parties, except when the terms of this Agreement expressly
provide that another method shall be used.
B. It is understood and agreed by the parties hereto that changes in the State, Federal
or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any
such modifications are to be automatically incorporated into this Agreement without written
amendment hereto and shall become a part of the Agreement on the effective date specified by the
law or regulation.
C. Denton Benefit League shall notify City of any changes in personnel or governing
board composition.
VIII. INDEMNIFICATION
TO THE EXTENT AUTHORIZED BY LAW, DENTON BENEFIT LEAGUEAGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITSOFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALLCLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVERKIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE
DocuSign Envelope ID: 2B001C3E-F35&4995-8689-D4987672CF93
PERFORMANCE BY DENTON BENEFIT LEAGUE OR THOSE SERVICESCONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS ORCAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORYLAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENTOR INTENTIONAL ACTS OFDENTON BENEFIT LEAGUE, ITS OFFICERS,EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES.
IX. NOTICE
Any notice or other written instrument required or permitted to be delivered under the terms
of this Agreement shall be deemed to have been delivered, whether actually received or not, whendeposited in the United States mail, postage prepaid, registered or certified, return receipt
requested, or via hand-delivery, e-mail, or facsimile, addressed to Denton Benefit League or City,
as the case may be, at the following addresses:
CITY Denton Benefit League
City of Denton, Texas Carolyn Ferguson
AHn: City Manager President
215 E. McKinney PO Box 725Denton, TX 76201 Denton, TX 76202
E-Mail: sara,hensley@cityofdenton.com E-Mail: dentonbenefitleague.org
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
X. MISCELLANEOUS
A. Denton Benefit League shall not transfer, pledge or otherwise assign this
Agreement or any interest therein, or any claim arising thereunder to any party without the prior
written approval of City.
B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable,
the remaining provisions shall remain in full force and effect and continue to conform to the
original intent of both parties hereto.
C. In no event shall any payment to Denton Benefit League hereunder, or any other
act or failure of City to insist in any one or more instances upon the terms and conditions of this
Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant
or default which may then or subsequently be committed by Denton Benefit League. Neither shall
such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or
remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or
remedies are always specifically preserved. No representative or agent of City may waive the
effect of this provision.
D. This Agreement, together with referenced exhibits and attachments, constitutes the
entire agreement between the parties hereto, and any prior agreement, assertion, statement,
understanding, or other commitment occurring during the term of this Agreement or subsequent
thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if
DocuSign Envelope ID: 2B001C3E-F353-4995-8689-D4987672CF93
appropriate, recorded as an amendment of this Agreement.
E. This Agreement shall be interpreted in accordance with the laws of the State of
Texas and venue of any litigation concerning this Agreement shall be in a court of competentjurisdiction sitting in Denton County, Texas.
IN WITNESS WHEREOF, the parties do hereby afTix their signatures and enter into thisAgreement as of the 10th day of 3anuarY , 2023.
CITY OF DENTON
SARA HENSLEY, CITY MANAGER
SMA Hu.,It?
ATTEST :
ROSA RIOS, CITY SECRETARY
BY:
DENTON BENEFIT LEAGUE
CAROLYN FERGUSON, PRESIDENT
Do€uSlgned by:
Cf?£qh FwVwbAPPROVED AS TO LEGAL FORMMACK REINWAND. CITY ATTORNEY
--
BY:
THIS AGREEMENT HAS BEEN BOTHREVIEWED AND APPROVED
As to financial and operational obligationsAnd business terms.
lbcuSlgned by:U..Ar„/SIGNATURE Nick Vincent
PRINT NAME
Interim Director of FinanceTITLE
FinanceDEPARTMENT