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1992-098ALL00254 ORDINANCE NO ~ 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 ~ 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 ~ That the City Council authorizes the expenditure of funds in the manner and amount as specified in the agreement, not to exceed $20,000 ~ That this ordinance shall become effective immediately upon its passage and appro al PASSED AND APPROVED this the~ y of~, 1992 BO~ CASTLEBERRY, MAY~ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A DRAYOVITCH, CITY ATTORNEY AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION The City of Denton, Texas, a Municipal Home Rule C1ty s~tuated In Denton County, Texas, hereinafter called "City," acting herein by and through 1ts City Manager, and the North Texas Umpire Association, hereinafter called "Contractor," hereby mutually agree as follows 1 SERVICES TO BE PERFORMED C~ty hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the followlng services A Schedule officials to officiate softball games for City leagues, Contractor agrees to l~m~t 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 offlc~al, C~ty shall issue a warning to Contractor Should the Contractor not promptly resolve the problem to the C~ty's satisfaction, the City reserves the right to remove from the work schedule the official(s) with whom the C~ty ~s 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 Slx 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, whlch shall be from March 1, 1992 through November 30, 1992 Page i 3 SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed by and between City and Contractor that Contractor is an lndepen4ent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax w~thholdlng, social security taxes, vacation or s~ck leave benefits, or any other City employee benefit The C~ty shall not have superv~slon and control of Contractor or any employee of Contractor, but ~t is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfactlon of the C~ty Manager of the C~ty of Denton or his designee under th~s Agreement 4 R O FUND All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the C~ty Council for such purposes in the Budget of the City of Denton 5 _~ 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 ~ City reserves the right to cancel this Agreement at any t~me by giving Contractor thirty {30) days written notice of 1ts intention to cancel this Agreement 7 ~ This Agreement shall commence on the 1st day of March, 1992, and end on the 30th day of November, 1992 8 ~ Contractor hereby agrees to hold harmless and ~ndemnlfy the City from and against any and all loss, expenses and damages for ln3ury 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 · n th~s agreement ~ ~ EXECUTED the this day of , 1992 CITY OF DENTON, TEXAS BY BOB~EB~~ Page 2 APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH~ CITY ATTORNEY NORTH TEXAS UMPIRE ASSOCIATION That Pam Llv~ngston ~s hereby designated as the person to administer the provision of this agreement DATE BO ~'~