2003-078S:\Our Documents\0rdinances\03\North Texas Umpire Assoc Ordinance.doc
I
ORDINANCE NO. DO~3 _ 7~
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
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
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
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO I AL F
HERBERT L. P , C ATTORNEY
BY:
AGREEMENT BETWEEN CITY OF DENTON
PARKS AND RECREATION DEPARTMENT
AND THE
NORTH TEXAS UMPIRE ASSOCIATION
The City Of Denton, Texas (hereinafter "CITY") and the North Texas Umpire
Association (hereinafter "NTUA") enter into the following Agreement:
1. CONTEST
A) The NTUA agrees to officiate the 2003 Adult Slow-Pitch Seasons for Men,
Coed, and Women ASA softball games that are scheduled by the CITY's Parks
and Recreation Department ("PARD") at North Lakes Softball Complex, Denton,
Texas. The umpires provided herein are not employees of PARD or the City of
Denton but are independent contractors providing contractual services under
the terms of this agreement.
B) 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.
C) 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: $29
umpire fee, $7 scorekeeper, $4.00 administrative fee.
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.
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
ASA Rules and CITY Softball Rules shall govern play and settle rule disputes.
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. In the event of early termination as provided
herein, PARD shall be refunded that portion of the payment associated with the
games not yet officiated.
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. INDEMNITY
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,
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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 March 28, 2003 by authorized
representatives of the parties hereto as set forth below.
City of Denton
BY: (11~ IYQCit~ncT~%
Name Title
Date 3 Ls
L3
City of Denton Parks and Recreation Department
Ken Washington, Athletics Manager
349-8523
349-8384 fax
North Texas Umpire Association
BY: h/ NU/7 f-
11,199-
Name Name Title
APPROVED AS TO FO M:
CITY ATTORNEY S
CITY OF ON,
BY:
Date 4 ~,ro ~
BY: 3r4,,1e giCO)e
Name Title
Date M(Ireh 3 1 x003
North Texas Umpire Association
524 N Locust, Suite A
Denton, TX 76201
898-1561
380-9235 fax
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