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Home My WebLink About2001-141$ you, 0xumm�IWOMTUU Umyim Moo ONmnmu dM '/ �h I ORDINANCE NO O _ /'f � v AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVINi BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION, APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items that are only available from one source, including items that are only available from one source because of patents, copyrights, secret processes or natural monopolies, films, manuscripts or books, electricity, gas, water, and other utility purchases, captive replacement parts or components for equipment, and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials and need not be submitted to competitive bids, and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The City Manager or his designee is hereby authorized to execute an agreement for certified softball officiating services between the City of Denton and the North Texas Umpire Association in substantially the form of the agreement which is attached to and made a part of this ordinance for all purposes SECTION 2 This ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the "day of 2001 &de,� A6�— EULINE BROCK, MAYOR ATTEST` JENNIFER WALTERS, CITY SECRETARY B " jh4.4ej APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY.ATT BY AGREEMENT BETWEEN CITY OF DENTON AND NORTH TEXAS UMPIRE ASSOCIATION The City Of Denton, Texas (hereinafter "CITY") of Denton, Texas and the North Texas Umpire Association (hereinafter "NTUA") enter into the following Agreement CONTEST A) The NTUA agrees to officiate the 2001 Adult Slow -Pitch Seasons for Men, Coed, and Women ASA softball games that are scheduled by CITY at North Lakes Softball Complex, Denton, Texas B) CITY will provide NTUA with a schedule of games depicting leagues and their field assignments for the season NTUA will receive this information at least two (2) weeks before the season begins CITY will also provide NTUA with the league's current rules and regulations that are modified from the current Amateur Softball Association (ASA) rules C) NTUA will schedule officials so that the ability level of the official will match or exceed the level of league play on each field NTUA will provide up to two (2) umpires and one (1) scorekeeper for each game (1) Optimally, each field will have two (2) umpires, but when that is not possible, NTUA will insure that the official working alone will be a qualified umpire 2) The Umpire -In -Charge (UIC) scheduled for each night will ensure that the officials assigned to each field are capable of working that particular level of play 2 PAYMENT A In consideration of such services, the CITY will pay NTUA a total of $40 00 per game B Payment Determination Both parties will determine the payment to be the calculated number of games scheduled for each particular league times the rate of $40 00 per game C Schedule of Payment 1) Initial Payment CITY will make an initial payment in the amount of one-half (1/2) of the total expected amount for estimated services no later than 7 days before the first game of each season 2) Final Payment CITY will make the final estimated amount owed to the NTUA on or before 14 days after the first scheduled game D If NTUA provides only one official for a game, then CITY will be credited $ for each game that has one official working alone This credit can be used during the current season or during the next season 3 OFFICIALS NTUA represents officials that are, or will be by the date of the contest, a duly registered umpire who is a member in good standing of the ASA 4 INTERPRETATION ASA Rules and CITY Softball Rules shall govern play and settle rule disputes AGREEMENT BETWEEN CITY OF DENTON AND NORTH TEXAS UMPIRE ASSOCIATION A. If CITY offers a "coaches meeting", NTUA recommends that the executive committee be notified of the date, time, and place of the coaches meeting. We would like to explain new rules, game procedures to the new coaches, and discuss how on -field disagreements will be handled. 5. VOIDING OF AGREEMENT This agreement shall become null and void upon the demise of either organization. This agreement may be canceled at any. time by the mutual written consent of both parties upon 30 days written notice. This agreement is void if either party cannot comply with its terms. 6. NOTIFICATION/SCHEDULE CHANGES All notifications concerning the provisions of the document or of schedule changes shall be in writing to the below address. All game changes will be given to NTUA Assignor 24 hours prior to the change. If notification is not given in this timely manner, an additional administration fee will be charged to CITY. A. If initial notification is by phone, then a written confirmation shall thereafter be sent within seven (7) days. 7. INDEMNITY NTUA agrees to indemnify, defend and hold harmless, CITY and their employees and officers from and against any and all claims or actions for injuries or damages, including death, arising out of NTUA's performance under this agreement, including the negligent acts or omissions of the umpires provided for under this agreement and any claims or actions made or brought by an umpire. 8.ACCEPTANCE This agreement is void if not signed by Athletic Coordinator and another representative from CITY and two (2) board members from NTUA on or before May 1 , 2001. City of Denton I- : E i Al lm E �.l. JI North Texas Umpire Association Date ` �- Ta�� s Name Title Date April 3, 2001Date l<s U/17► i ,►ate -) L //A i� AtL .4 tt / Title City of Denton Parks and Recreation Department 349-8523 349-8384 fax APPROVED AS TO FORM CITY WOINE��?CITY i3Y: _ .. North Texas Umpire Association 524 N Locust, Suite A Denton, TX 76201 898-1561 380-9235 fax