23-462ORDINANCE NO. 23-462
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE AN [NTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON ANDDENTON INDEPENDENT SCHOOL DISTRICT FOR JOINT FACILITY USE ANDTRANSPORTATION SERVICES FOR DENTON PARKS AND RECREATION CAMPS
PROGRAMS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO PERFORM ALLOBLIGATIONS OF THE CITY UNDER THE AGREEMENT, iNCLUDrNG THE
EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE.
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; 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.
SECTION 2. The City Manager or designee is hereby authorized to execute on behalf of
the City the Agreement for facility use and transportation services between the Denton
Independent School District and City of Denton, a copy of which is attached as Exhibit A and
incorporated herein.
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, including, but not limited to, the
expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by
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passed
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the ordinance was and approved by the
Aye Nay Abstain Absent
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Mayor Gerard Hudspeth:
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:
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PASSED AND APPROVED this the qi day of npr :\, 2023.4g%;a”
ATTEST:
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HPWatyswewyAPPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
Page 2 of 2
iVrERLOCAL AGREEMENT BETWEEN THE CITY OF DENtON, TEXAS, ANDDENrON iNDEPENDENr SCHOOL DISTRICT FOR THE JOINT USE OF SELECTFACILITIES AND TRANSPORTATION SERVICES.
THIS AGREEMEIVF 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 “DISD”), a duly organized political subdivision of the State of Texas engaged in
providing services to the citizens of Denton, Texas, each acting by, though, and under the authority
of their respective governing bodies and oaicials. DISD and the City are referred to individually
as “Party” and are collectively referred to herein as “Parties.” This Agreement is for the purposeof
1.Providing for the Joint use of
a. McMath Middle School Gold Gymnasium (DISD)
b. South Lakes Park Football, TracK Tennis Courts, and Softball Fields (COD)
c. Calhoun Gymnasium and Track (DISD)
d. Evers Elementary School (DISD)
e. Borman Elementary School (DISD)
f Strickland Middle School Large and Small Gymnasiums (DISD)
2. DISD Transportation services for City Summer Camp programs
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 andbe 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
NOW THEREFORE, 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.
In consideration for the joint use of facilities, DISD and City agree as follows:
Access
1. For each Denton ISD facility, Denton ISD will provide a set of keys to the City for
access to the agreed upon areas. And where able, Denton ISD will provide an office
and storage room for use by the City.
2. During the school year, City will have access to Denton ISD facilities outside of regular
school time hours except during scheduled school events and programs:
a.
b.
C.
d.
e.
Every evening between the hours of 6:00 p.m. and 10:15 p.m.,
Beginning thirty (30) minutes after the regular school day is over when there are no
regularly scheduled activities
Saturdays between the hours of 7:00 a.m. and 10:00 p.m.
Sundays between the hours of 12:00 p.m. and 10:00 p.m.
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 Denton ISD facilities
u Between the hours of 6:00 &m. and 10:00 p.m. weekdays.
b. Saturdays between the hours of 7:00 a.m. and 10:00 p.m.
c. Sundays between the hours of 12:00 p.m. and 10:00 p.m.
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 secure the facility upon departure with
the keys provided.
3.City agrees to provide adequate staR that must have completed a criminal background
check, in accordance with City and DISD policy, and picture identification badges to
supervise the conduct of program patrons at all times during City activities, and to make
reasonable eeorts to stop or prevent disruptive, ill-mannered or destructive behavior
by patrons in Denton ISD facilities. 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 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 request, 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 reoccurdng.
4.DISD will provide the City with a list of primary contacts for the supervisor for eachfacility. The City will provide each Denton ISD facility contact a list and criminal
background checks of all employees scheduled to work in the facility. City employees
will sign in and out at the aont desk, or other appropriate 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.
Scheduling
5.DISD will provide on an annual basis, a schedule of school-sponsored activities and
maintenance occurring in each facility which would conflict with the City hours of
operation in the facility. In the event that a regularly programmed space is unavailablefor scheduled City activities, DISD, within reason, will make a comparable and
equivalent substitute facility available.
6. The City will provide on a quarteriy basis to each facility contact, a schedule of City
programs and activities occurring in each facility.
7. 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
8.For use of Calhoun Gymnasium, Evers Elementary School, Boreman Elementary
School, and Stdckland Middle School Large and Small Gymnasiums, DISD will make
available a school district employee to attend to any issues, open and close, and oversee
use of the DISD facility during PARD program usage. PARD will be invoiced at a rateof $20 per hour.
9. All oosts for utilities and regular custodial services for each facility will be absorbed
by the facility owner, except as specifically provided otherwise herein. Additional
custodial services requested by either party will be invoiced at the rate of $25 per hour
on a quarterly basis.
Equipment
10. 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 caused by the City to DISD equipment provided to the City.
Signage
11. With permission from the DISD supervisor of the facility, the City shall be allowed to
use brochure racks or bulletin boards 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.
Maintenance
12. DISD will provide adequate clean-up of school sponsored activities in DISD facilities
and restrooms, which includes removing trash, sweeping and mopping floors and
restocking paper supplies in the restrooms prior to City use. 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 facility and restrooms, sweep the facility, and shall mop the floors each
week at the end of the day Saturday.
13. City staff shall report any broken items and equipment or maintenance concerns to the
facility supervisor immediately.
Access to Outdoor Facilities
14. 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 destructive behavior by students.
However, this supervision shall @ constitute an indemni6cation of damages caused
by third parties, nor shall it be construed as a contractual obligation to assume
responsibility for claims arising out of an alleged failure of the DISD to reasonablysupervise. City will have access to these outdoor facilities when there are no regularlyscheduled school activities. The tennis 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
15. 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 useof 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 ordinary wear.
In consideration of transportation services, DISD and City agree as follows:
1. The City of Denton agrees to pay Denton ISD $4.00 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 $23.00 per hour for each bus driverutilized in providing transportation services.
3 . 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 servlces.
Consideration
1. 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 each. By
execution of this agreement, the parties stipulate to the to the adequacy of considerationtherefor.
Liability and Immunity
2.This Agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither City 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 fairlycompensate the other party for the services and fbnctions 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 perforrning as independentcontractors of each other. No Party will have the authority to act for or 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. TheCity 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 of DISD.
DISD shall be responsible 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
1 The initial terms of this Agreement is aom the date of execution until December 31,
2023. 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 eaective upon actual receipt (orupon posting of certified mail), if directed to the attention of the following individuals:
City ManagerCity of Denton215 E. McKinney
76201
SuperintendentDenton ISD1307 N. Locust
76201
With Copies to:
Director
City of DentonParks and Recreation
601 E Hickory St
Denton, Texas 76205
Executive Director
Dmton ISD
Operations
230 North Mayhill Road
Denton, Texas 76208
Supersede
2. This Agreement supersedes the letter agreement dated Septembu 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
3.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 to be
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
4.This 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 and Federal 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 and execution.
EXECUTED in duplicate originals and dated below.
CITY OF DENTON, TEXAS
Sara Hensl
DATE:
DENTON niDEPENDENT SCHOOL DISTRICT
5- /4 -23
Mia Price, Board President
By: M L A. PMA,,-,
DATE, 6-/4 -J 3
ATEST:
'=- /r. )d>DATE
'_2lbWFAPPROVED AS TO LEGAL FORMMACK REINWAND. CITY ATrORNEY/–n\E#-BY:
DATE:
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