2009-041ORDINANCE NO. dl
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION;
DETERMINING A SOLE SOURCE AND APPROVING THE EXPENDITURE OF FUNDS
FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS
OF THE STATE LAW EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS
OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 4259-
AGREEMENT WITH NORTH TEXAS UMPIRE ASSOCIATION IN THE AMOUNT PER
GAME AS SPECIFIED IN THE AGREEMENT FOR AN ESTIMATED AWARD OF
$65,000).
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 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
4259 North Texas Umpire Association $65,000
SECTION 2. 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 3. 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 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of '2009.
MARK A. BURROlJGHS.. MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY-
AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
3 OORD
AGREEMENT BETWEEN CITY OF DENTON PARKS AND RECREATION
DEPARTMENT AND NORTH TEXAS UMPIRE ASSOCIATION
The City Of Denton Parks and Recreation Department (hereinafter "PARD") of Denton,
Texas and the North Texas Umpire Association (hereinafter "NTUA") enter into the
following Agreement:
1. CONTEST
A. The NTUA agrees to officiate and provide scorekeepers for the 2009 Adult 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 6U T-ball
games that are scheduled by PARD at North Lakes and Denia Softball Complex,
Denton, Texas.
B. The start date is March 2009 and runs through November 2009.
C. 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 one
(1) week 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.
D. 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 for and one (1) scorekeeper for the Adult and Girls Softball Leagues for
each game.
1) Optimally, each field will have two (2) umpires, but when that is not possible
or not required, 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, PARD will pay NTUA the following rates:
1) $46.00 per game for Adult Softball Men's, Women's and Coed Divisions
to provide 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) $68.00 per game for the Girls Fast Pitch Divisions to provide two (2)
umpires and (1) scorekeeper.
4) $43.00 per game for the Girls Coach Pitch Division to provide one (1)
umpire and one (1) scorekeeper.
5) $10.00 per game for the Girls T-Ball Division to provide one (1)
scorekeeper only.
AGREEMENT BETWEEN CITY OF DENTON PARKS AND RECREATION
DEPARTMENT AND NORTH TEXAS UMPIRE ASSOCIATION
B. Payment Determination
Both parties will determine the payment to be the calculated number of games
scheduled for each particular league times the specified rate of $68.00, $46.00,
$43.00, $39.00 or $10.00. In instances when umpires or scorekeepers only
receive (1) game in a night, the rate will be multiplied by 1.5.
C. Schedule of Payment
PARD will make the full payment for the total expected amount for estimated
services no later than 14 days after the first game of each season.
D. If NTUA 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 the 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 to 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 to a credit. PARD will give notice of
forfeits by 3:00 pm for the same day for evening games.
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
The Constitution, By-laws and rules and regulations of ASA and of NTUA 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 the coaches meeting. A representative from NTUA will be
required to attend the meeting to explain new rules, game procedures to the
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.
AGREEMENT BETWEEN CITY OF DENTON PARKS AND RECREATION
DEPARTMENT AND NORTH TEXAS UMPIRE ASSOCIATION
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.
7. INDEMNIFICATION
NTUA agrees to indemnify, defend and hold harmless, PARD, the 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.
This agreement is executed to be effective as of 7,4--N, a/ , 2009 by
authorized representatives of the parties hereto as set forth below.
City of Denton, Texas
Date 2
Geor e C. Campbell, City Manager
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
City of Denton Parks and Recreation Department
Heather Gray
Athletics Manager
(940) 349-7218
(940) 349-8384 fax
North Texas Umpire Association
524 N Locust, Suite A
Denton, TX 76201
(940) 898-1561
(940) 380-9235 fax