2007-055
ORDINANCE NO. ,;{ 00'7- OfT!)
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 3744-
AGREEMENT WITH NORTH TEXAS UMPIRE ASSOCIATION IN THE AMOUNT PER
GAME AS SPECIFIED IN THE AGREEMENT FOR AN ESTIMATED AWARD OF
$57,000).
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 I. 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
3744
North Texas Umpire Association
$57,000
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 the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: //~~
3-0R/44
,
6if
day of 17!tzrelL, 2007.
~~N~~~
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 ASA Softball games for the 2007 Adult Slow-Pitch
Seasons of Men, Women and Coed Divisions and the 2007 Girls Fast-Pitch
Seasons of 14U, 12U, 10U and au Coach Pitch Divisions that are scheduled by
PARD at the North Lakes and the Denia Softball Complexes in Denton, Texas.
B) The start date is March 2007 and runs through December 2007.
C) PARD will provide NTUA with a schedule 'of games depicting leag'ues 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 :t\ssociation (ASA) rules.
:i
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, for each game,
up to two (2) umpires for the Adult Slow-Pitch League and the Girls Fast-Pitch
League and one (1) scorekeeper for Adult Slow-Pitch League.
,
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-Chief (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 cif such services,
1) PARD will pay NTUA a total of $40.00 per game for the Adult Slow-Pitch
Divisions of Men's, Women's and Coed to provide two (2) umpires and one
(1) scorekeeper.
2) PARD will pay NTUA a total of $33.00 per game for the Adult Slow-Pitch
Division of Coed-For-Fun to provide one (1) umpire and one (1)
scorekeeper.'
3) PARD will pay NTUA a total of $27.00 per game for the Girls Fast-Pitch
Divisions of au Coach Pitch to provide one (1) umpire.
4) PARD will pay NTUA a total of $52.00 per game for the Girls Fast-Pitch
Divisions of 1Au, 12U and 10U to provide two (2) umpires.
I
j:
,
2007 NTUA Contract
lof3
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 $52.00, $40.00,
$33.00 or $27.00.
C) Schedule of Payment
PARD will make the full payment for the total expected amount for estimated
services no later than 7 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 $7.00 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:
2007 NTUA Contract
20f3
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 IiltJ/,(l// ftl ,2007 by
authorized representatives of the parties hereto as set forth below.
City of Denton, Texas
Date ~m001
&- c-
Georg C. Campbell, City Manager
North Texas Umpire Association
Date ;!.-//1 / of
;M ,M
Name~1 '
~~te ,'~I~ I(,~
\k,~ t.QJt
Name
(k,lawr
Title
APPROVEO AS TO FORM:
CITY ATTORNEY
CITY OF DENTON. TEXAS .
BY: ~7#Y~
/' .
City of Denton Parks and Recreation Department
Heather Gray
Athletics Manager
(940) 349-7218
(940) 349-8384 fax
h,1i\illo[JQ]!.l'@9!Y9JJ!!<!lLQl!&!Ll!! :
lfir; !lSC.;{L(,,"C
Title
North Texas Umpire Association
524 North Locust, Suite A
Denton, TX 76201
(940) 898-1561
(940) 380-9235 fax
.sQ!!ID1?\!:,Q.Q@h.Qt!lli!il&Qill
2007 NTUA Contract
30f3