HomeMy WebLinkAbout2000-122ORDINANCE NO bO o — as
AN ORDINANCE 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 (AWARDED TO
NORTH TEXAS UMPIRES ASSOCIATION IN THE AMOUNT OF $36 50 PER
GAME FOR AN ESTIMATED ANNUAL EXPENDITURE OF $45,990 )
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,
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 I That the following purchase of materials, equipment or supplies, as
described in the "Purchase Orders" listed hereon, and the agreement attached hereto and on file in
the office of the Purchasing Agent, are hereby approved
PURCHASE AMOUNT
ORDER VENDOR
03370 North Texas Umpire Association $38,500
TBD* North Texas Umpire Association $7,490
*Subject to Council approval of funding in the 2000/2001 budget
SECTION II That the acceptance and approval of the above items shall not constitute
a contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department
SECTION III That the City Manager is hereby authorized to execute any contracts
relating to the items specified in Section I and the expenditure of funds pursuant to said contracts
is hereby authorized
SECTION IV That this ordinance shall become effective immediately upon its passage
and approval / / `�Z � /
PASSED AND APPROVED this the �i day of 2000
JA LER, MAYOR
ATTEST
JE IFER WALTERS, ITY SECRETARY
BY
AP O 'D AS TO LEGAL FORM
HERB RT L PROUTY, CITY ATTORNEY
BY /./ %% Q
03370-sole source
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AGREEMENT BETWEEN CITY OF DENTON PARKS AND
RECREATION DEPARTMENT AND
NORTH TEXAS UMPIRE ASSOCIATION
The City Of Denton Parks and Recreation Department (hereinafter "PARR") of Denton, Texas
and the North Texas Umpire Association (hereinafter "NTUA") enter into the following
Agreement
CONTEST
A The NTUA agrees to officiate the 2000 Adult Slow -Pitch Season for Men, Coed, and
Women ASA softball games that are scheduled by PARD at North Lakes Softball
Complex, Denton, Texas Said season shall be completed November 30, 2000 The
umpires provided herein are not employees of PARD or the City of Denton but are
independent contractors providing contractual services under the terms of this
agreement
B PARD 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 PARD 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
6ceed 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
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 Inconsideration of such services, the PARD will pay NTUA a total of $36 50 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 $36 50 per game
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C Schedule of Payment
Initial Payment
pARD 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
pARD 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 PARD will be credited $6 50 for
each game that has one official working alone This credit can be used during the
current season or during the next season
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
A If PARD 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 In the event of early termination as provided herein, PARD shall be
refunded that portion of the payment associated with the games not yet officiated
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 of $3 00 per game will be charged to PARD
A If initial notification is by phone, then a written confirmation shall thereafter be sent
within seven (7) days
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7 INDEMNITY
NTUA agrees to indemnify, defend and hold harmless, PARR, the City of Denton, and their
employees and officers from and against any and all claims or actions for injuries or
damages, including death, ansing 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
ACCEPTANCE
This agreement is void if not signed by Athletic Coordinator and another representative from
PARD and two (2) board members from NTUA on or before April 10, 2000
City of Denton
Parks and Recreation Department
Date
Name
Title
16 , r�r II
IM I 12M- MV���M
City of Denton Parks and Recreation Department
Knstie Weaver
349-8523
349-8394 fax
North Texas Umpire Association
Date
Name alnY l��l
Title
Date 416�10o
Name
//. Ilu t9la�v
Title
North Texas Umpire Association
524 N Locust, Suite A
Denton, TX 76201
898-1561
380-9235 fax
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