2002-086S:\Our Documents\Ordinances\02hNorth Texas Umpire Assoc Ordinance.doc
OP INANCENO.
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 ~(P¢ day of ~]~/~ ~J[ ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _ .~J
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
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 2002 Adult Slow-Pitch Seasons for Men, Coed, and Women
ASA softball games that are scheduled by 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.
AOREEMENT BETWEEN CITY OF DENTON PARKS ANI~RECREATION
DEPARTMENT AND NORTH TEXAS UMPIRE ASSOCIATION
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 associatecl with the games not yet officiated.
6. NOTIFICATION/SCHEDULE CHANGES
All notifications concerning the provisions of We document or of schedule changes shall be In
writing to the below address. All game changes wilt 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.
INDEMNITY
NTUA agrees to indemnify, defend and hold harmless, PARD, the City of Denton, 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.
8. ACCEPTANCE
This agreement is void if not signed by Athletic Coordinator and another representative
from PARD and two (2) board members from NTUA on or before April 1, 2002,
City of Denton Parks and Recreation Dept
North Texas Umpire Association
NaM
Name]. Title
Title
City of Denton Parks an~ Rec~at/on Depatlmeat
Cathy A. Ave~
349-8520
349-8384 fax
North Texas Umpire Association
524 N Locust, Suim A
Dcmon, TX 7~201
g98-1561
380-9235 f~x
APPROVED AS TO FORM~,
CITY A'rr0R~JEY, ~/