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1990-0142428L NO . 7----~~f- AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRES 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 here- by authorizes the Mayor to sign an agreement between the City and the North Texas Umpires 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 t e manner and amount as specified in the agreement, not to exceed $20,000. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the Lr day of 1990. RAY ST PHENS, h AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ,4~AA IV I A,14 Iv. PPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 2428L THE STATE OF TEXAS § COUNTY OF DENTON § AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRES 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 Umpires Association, hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the ereina ter esignated 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 sched- uled to officiate softball games for city leagues is a member in good standing of the Amateur Soft- ball Association of America. These officials must have also made a passing score on the current umpire test used by the Amateur Softball Associa- tion of America to certify officials. In addition, the City reserves the right to re- move from the schedule any officials with whom the City is dissatisfied. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor or 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: Within two (2) weeks after services are rendered for each game, during the term of the contract, which shall be from March 1, 1990 through November 30, 1990. 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 con- sidered 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 em- ployee of Contractor, but it is expressly understood that Con- tractor 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 wo- rs 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, 1999, and end on the 30th day of November, 1990. 9. 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. EXECUTED the this ~&*Jday of , 1990. CITY OF DENTON, TEXAS BY : IZsv RAY S E ENS MAYOR PAGE 2 ATTEST: r 1)az*Z46 J FE A TERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY:CC (J NORTH TEXAS UMPIRES ASSOCIATION BY: That Paul Leslie is hereby designated as the person to administer the provision of this agreement. CL~~J~~c~yL2~ 90 iQ DATE RAY ST PHE S, AYOR PAGE 3