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
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Na a Title
North Teas Umpire Association
524 N Locus[, Suite A
Denton, TX 76201
898-1561
380-9235 fay