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2012-036ORDINANCE NO. 2� 12-�36 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN TH� CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES WHICH ARE AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 4904-AGREEMENT WITH NORTH TEXAS UMPIRE ASSOCIATION IN THE AMOUNT PER GAME AS SPECIFIED IN THE AGREEMENT FOR AN ESTIMATED AWARD OF $70,000). WHEREAS, Section 252A22 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 following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4904 North Texas Umpire Association $70,000 SECTION 2. The City Council hereby finds that this bid, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or boolcs; 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. SECTION 3. 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 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 4904 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. ;-.i f " , � r PASSED AND APPROVED this the �� `=��- day of ;�� ;�_.�� ,�;-�2012. ,3 <>� MARK A. UG S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � � �� BYy __ : � � �_ .,,.� � p� � ��.� F ; `� ..�� i APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY SY: ;'f; � ' ��:. 4-ORD,-�ile 4904 ��" . , � i ,;� � � � . � . 1 � � . �, � ,,. � � �. .. ...� . � The Ciiy Of Denton Parks and Recreation Department (hereinafter "PARD") of Denton, Texas and fhe North Texas Umpire Association (hereinafter "NiUA") enter into the following Agreement: 1. CONTESi A. The NTUA agrees fo officiate and provide scorekeepers for the 2012 Rdult Slow� Pitch Seasons for Men, Women and Coed ASA softball games and Girls Softball Seasons for 14U, 12U, and 10U Fast-Pitch, 8U Coach Pitch, and 6lJ T-ball games that are scheduled by PARD at North Lake� and Denia Softball Complex, Denton, Texas. B. The star� date is March 2012 and runs 4hrough November 2012. C. PARD will provide NTUA with a schedule of games depicting leagues and their field assignments for the season. NiUA will receive fhis information at least one (1) week before the season begins. PARD will also provide �ITUA with the league's current rules and regulafions that are madified from the current Amateur Softball Association (ASA) rules. D. NTUA will schedule offiicials 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 the Adult and Girls Softball �eagues for each game. 1) Optimally, each field will have two (2) umpires, but when that is not possible or not required, NiUA 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. .� A. In considerafion of such �ervices, PARD v�rill pay NTUA the following rates: 1) $46.00 per game for Adult Saftball Men's, Women's and Coed Division� fo pravide two (2) umpires and one (1) scorekeeper. 2) $39.00 per game for the Adult Coed For Fun Division to provide one (1) umpire and one (1) scorekeeper. 3) $72.00 per game for the Girls Fasi Pitch Divisions to provide two (2) umpires and (1 } scorekeeper. 4) $48.00 per game for the Girls Coach Pitch Division fo provide one (1) umpire and one (1) scorekeeper. 5) $15.00 per game for the Girls T-Ball Division to provide one (1) scorekeeper only. If only one (1) game, $20. • ; .' ' ;, � � � � , . , ' � . . � ,, i' '':: 1/ ► :Li �, . �� . . � . � �. Payment Determination Both parties will determine the payment fo be the calculated number of games scheduled for each particular league times the specified rate of $72.00, $46.00, �48.00, or $39.00. In instances when umpires or scorekeepers only receive (1) game in a night, the rate will be mulfiiplied by 1.5. C. Schedule of Payment PARD will make the full paymenf for the total expected amount for estimated services net 30 days receipt of invoice from NTUA. D. If NiUA provides only one (1) official for a game that requires two (2), then PARD will be credited $8.00 for each game that has one (1) official working alone. This credit can be used during the current season or during the next season. E. If PARD gives notice of forfeits in advance and this reduces fhe amount of time an umpire is required to be at the fields, then NTUA will provide a full credit for that particular game. For example, if the first game of the day or the last game of the day is canceled for a particular umpire, then PARD will be entitled fio a credit. If a middle game is canceled, which results in the umpire still needing to stay on the fields the entire time, PARD will not be entitled fio a credit. PARD will give notice of forfeits by 3:00 pm for the same day for evening games. 3. OFFICIALS NTUA represents o�Ficials that are, or will be by the date of the contest, a duly registered umpire who is a member in good standing of fihe ASA. . --- � • _. � s The Consfitufiion, By-laws and rules and regulations of ASA and of N1"UA are considered a part of this agreement and shall govern, except as modified by this Agreement, anydisputes arising out of this Agreement. Both parties to the Agreement agree to be so bound. A. When PARD offers a"coaches meeting", PARD will notify NTUA of the date, time, and place of fihe coaches meeting. A representative from Nl"UA will be required to attend the meeting to explain new rules, game procedures to the coaches, and discuss how on-field disagreemenfs will be handled. ;. •!► • � i- ll T'his agreement shall become null and void upon the demise of either organization. This agreement may be canceled at any fiime by the mutual written consent of both parties upon 30 days written notice. This agreement is void if either par�y cannot comply with its terms. . � '. • !' � , ' ' ' � ', ' ' ,, �; '' ' . / �' . . r . . . •, � � .. 6. NOTIFICATION/SCHEDULE CHANGES All notifications concerning fhe provisions of the document or of schedule changes shall be in writing to the below address. All game changes will be given to NiUA Assignor 24 hours prior to the change. If notification is nof given in fhis 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. 7. INDEMNIFICATION NTUA agrees to indemnify, defend and hold harmless, PARD, the Cli'Y, and their employees and officers from and against any and all claims or actions for injuries or damages, including death, arising out of NiUA's performance under this agreement, including ihe negligent acts or omissions of the umpires provided for under this agreement and any claims or actions made or brought by an umpire. This agreement is executed to be effecfive as of February 1, 2012 by authorized representatives of the parties hereto as set forth below. City of Denton, Texas , � � ,�, k P .'� d ,� fx ° .i Date � � �w � � �°, �� , 3,� s�� n � � � � � �� • eor�e C. Cam bell, �tty anager � City of Denton Parlcs and Recreation Department Jason Barrow Adult Sports/Tennis Supervisor (940) 349-8525 (940) 349-8384 fax North Texas Umpire Association Date 1 � �'� � � �`° � :� �. ; ��i� � � %>�1� r .� � N ' e Title �� ,� � r� � �� Date b. ` '. �_�..� z. ��. .�� ; 4 _, t y � ��"�C',. �.t " \ � ��. �t yF,,._. � � y .,4.� �. 1. t tit . t. � ��'- _°J ''� �, Nam`°� Title North Texas Umpire Association 524 N Locust, Suite A Denton, TX 76201 (940) 898-1561 (940) 380-9235 fax