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HomeMy WebLinkAbout1992-098ALL00254 ORDINANCE NO / ' e / V AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION FOR OFFICIATING SOFTBALL GAMES FOR CITY LEAGUES, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council of the City of Denton hereby authorizes the Mayor to sign an agreement between the City and the North Texas Umpire Association, a copy of which is attached hereto and incorporated by reference herein SECTION II That the City Council authorizes the expenditure of funds in the manner and amount as specified in the agreement, not to exceed $20,000 SSECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 1992 ATTESTS JENNIFER WALTERS, CITY SECRETARY BY 77 APPROVED As TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City," acting herein by and through its City Manager, and the North Texas Umpire Association, hereinafter called "Contractor," hereby mutually agree as follows 1 SERVICES TO BE PERFORMED City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services A Schedule officials to officiate softball games for City leagues, Contractor agrees to limit officials to two (2) per game unless agreed otherwise prior to game B Contractor shall ensure that each official scheduled to officiate softball games for city leagues is a member in good standing of the Amateur Softball Association of America These officials must have also made a passing score on the current umpire test used by the Amateur Softball Association of America to certify officials In addition, should the City be dissatisfied with an official, City shall issue a warning to Contractor Should the Contractor not promptly resolve the problem to the City's satisfaction, the City reserves the right to remove from the work schedule the official(s) with whom the City is dissatisfied 2 COMPENSATION TO BE PAID CONTRACTOR City agrees to pay Contractor for the services performed hereunder as follows A Amount of Payment for Services Twelve Dollars ($12 00) per official per game at slow pitch leagues Fifteen Dollars ($15 00) per official per game at fast pitch leagues Six Dollars ($6 00) per scorekeeper per game B Dates of Payment Payment will be made within two (2) weeks after an invoice is received from Contractor for services rendered during the term of the contract, which shall be from March 1, 1992 through November 30, 1992 Page 1 3 SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this Agreement 4 SOURCE OF FUNDS All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton 5 INSURANCE Contractor shall provide at his own cost and expense workman's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business 6 CANCELLATION City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement 7 TERM OF CONTRACT This Agreement shall commence on the 1st day of March, 1992, and end on the 30th day of November, 1992 8 INDEMNIFICATION Contractor hereby agrees to hold harmless and indemnify the City from and against any and all loss, expenses and damages for injury to or death of persons and injury to or destruction of property arising as a result of any act or omission of Contractor in the course of performing the services provided for in this agreement Wday EXECUTED the this 4 of 1992 ATT m CITY OF DENTON, TEXAS cage APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCHA CITY ATTORNEY BY NORTH TEXAS UMPIRE ASSOCIATION That Pam Livingston is hereby designated as the person to administer the provision of this agreement 6-3-�a- DATE n 1 I A