2010-028ORDINANCE NO. 1 ~~~2$
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION;
DETERMINING A SALE SOURCE AND APPROVING THE EXPENDITURE OF FUNDS
FUR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES
AVAILABLE FRAM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS
OF THE STATE LAW EXEMPTING SUCH PURCHASES FRAM THE REQUIREMENTS
OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE FILE 4472-
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 f~4om one source, including; items that are only available from
ane source because of patents, copyrights, secret processes or natural monopolies; films,
manuscripts or bool~s; 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 l , 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
4 472 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 Depa~~tment.
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 , 2010.
i
MARK .B DUB , AYR
ATTEST:
JENNIFER SALTERS, CITY SECRETARY
BY:
APPRnVED AS TO LEGAL FARM:
ANITA BURGESS, CITY ATTORNEY
-r ~
BY.
~-ORD-
A~REEIVIENT BETWEEN CITY ~F DENTaN PARIS AND RECREATION
DEPARTIVIENT AND N~RTI~ TEAS tJ1VIPIRE ASS~CIATI~N
The City 0f Denton Parks and Recreation Department thereinafter "PARD"} of Denton,
Texas and the North Texas Umpire Association thereinafter "NTUA"} enter into the
following Agreement:
1. CGNT~ST
A. The NTUA agrees to officiate and provide scorekeepers for the 2010 Adult Slow-
Pitch Seasons for Men, vVomen and Coed ASA softball games and Girls Softball
Seasons for 14U, 1 ~U, and 10U Fast-Pitch, SU 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 X010 and runs through November X010.
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 regulatior~s that are modified from the current
Amateur Softball Association NASA} 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 ane ~1 }scorekeeper for the Adult and Girls Softball Leagues for
each game,
1} optimally, each field will have two ~~}umpires, but when that is not possible
or not required, NTUA will inE~ure 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 parkicular level of
play.
2. PAYMENT
A. In consideration of such services, ~~'ARJ will pay NTUA the following rates.
1} $46.00 per game forAdult Softball Men's, vllomen's and Coed Divisions
to provide two ~~}umpires and one ~1}scorekeeper.
2} $39.00 pergame forthe Adult Caed 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
umpires and ~1 }scorekeeper.
4} $43.00 per game for the Girls ~~oach Pitch Division to provide one ~1 }
umpire and one ~1} scorek~eper~.
5} $10.00 per game for the Girls ~i~~Ball Division to provide ane ~1 }
scorekeeper only.
AGREEMENT BFT~wEEN CITY ~I, DENTIN PARKS AND RECREATION
DEPARTMENT AND NaRTI~ TEAS UMPIRE ASSUCIATI~N
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 insta~~ce~ 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 orthe last game of the
day is canceled for a particular umpire, then PARD will be entitled to a credit. Ifa
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 forthe same dayfc~4~~evti~~~~ing games.
3.OFFICIALS
NTUA represents officials that are, orwill be by the date of the contest, a duly
registered umpire who is a member in goad 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. ~111hen 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 3o days written notice. This agreement is void if either party cannot
comply with its terms.
AGREEMENT BETV~EEN CITY ~P DENTIN PARKS AND RECREATION
DEPARTMENT AND NORTH TEAS UMPIRE ASSC~CIATI(~N
6. NUTIFICATIGNISCH~DULE CHANGE
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 Z4 hours prior to the change. if notification is not given in this timely
manner, an additional administration fee of $3.0o pergame 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. IND~MNIFICATIGN
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 a~~ts or omissions of the umpires provided for
underthis agreement and any claims c~ractions made or brought by an umpire.
This agreement is executed to be effectiv~~ as of 20~ 0 b y
authorized representatives ofthe parties hereto as set forth below,
Gity of Denton, Texas North Texas Umpire Association
Date Date ~
George C. Campbell, City Manager e Title
~ Date
~~~'R~1lCD AS TD FoRMe ' ~
CITY ATTORNEY .
CITYDF DENTIN, TEXAS Name Tale r
DY~ -
City of Denton Parks and Recreation Department North Texas Umpire Association
Heather Gray 524 N Locust, Suite A
Athletics Manager Denton, TX 76201
X940} 3497218 X940} 8981561
X940} 34983 84 fax X940} 3 80-923 5 fax