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2006-075L:\Our Documents\Ordinances\06Wonh Texas Umpire Assoc Ordinance.doc ORDINANCE NO.2~0~j~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRE ASSOCIATION; APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. 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 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 City Manager or his designee is hereby authorized to execute an agreement for certified softball officiating services between the City of Denton and the North Texas Umpire Association in substantially the form of the agreement which is attached to and made a part of this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the irc day of~~{ ~ _ , 2006. EULINE BROOK, MAYOR ATTEST: JENNnIF^ER WALTERS, CIT SECRETARY BY: ~/lG)1 ha ~ D„J //1 ~~~ ~~ APf'RO~ED~AS"TO LEGAL FORM'~~~ EDWIN M. SNYDER, CITY ATTORNEY 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 the 2006 Adult Slow-Pitch Seasons for Men, Women and Coed ASA softball games that are scheduled by PARD at North Lakes Softball Complex, Denton, Texas. B. The start date is March 2006 and runs through December 2006. 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 two (2) weeks 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 and one (1) scorekeeper for each game. 1) Optimally, each field will have two (2) umpires, but when that is not possible, 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, the PARD will pay NTUA a total of $40.00 per game. B. Payment Determination Both parties will determine the payment to be the calculated number of games scheduled for each particular league times the rate of $40.00 per game. C. Schedule of Payment 1) Initial Payment PARD will make an initial payment in the amount of one-half (1/2) of the total expected amount for estimated services no later than 7 days before the first game of each season. 2) Final Payment PARD will make the final estimated amount owed to the NTUA on or before 14 days after the first scheduled game. AGREEMENT BETWEEN CITY OF DENTON PARKS AND RECREATION DEPARTMENT AND NORTH TEXAS UMPIRE ASSOCIATION D. If NTUA provides only one official for a game, then PARD will be credited $7.00 for each game that has one official working alone. This credit can be used during the current season or during the next season. 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. If PARD offers a "coaches meeting", NTUA recommends that the executive committee be notified of the date, time, and place of the coaches meeting. We would like to explain new rules, game procedures to the new 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. 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 2006 by authorized representatives of the parties hereto as set forth below. AGREEMENT BETWEEN CITY OF DENTON PARKS AND RECREATION DEPARTMENT AND NORTH TEXAS UMPIRE ASSOCIATION City of Denton, Texas Date 3 D Howar Martin, Interi City Manager City of Den[on Parks and Recreation Department Heather Gray 349-7218 349-8384 fay North Texas Umpire Association Date 1 / ~ 06 N e Title D to ~ I ~ ~'O (o k ~,~ i2~as~`~2 Na a Title North Teas Umpire Association 524 N Locus[, Suite A Denton, TX 76201 898-1561 380-9235 fay