2001-141 O CENO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROV1NI
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, mclu&ng items that are only available from one
source because of patents, copyrights, secret processes or natural monopolies, films, manuscripts
or books, eleetnmty, gas, water, and other utility purchases, captive replacement parts or
components for equipment, and hbrary materials for a pubh¢ library that are available only from
the persons holthng exclusive distribution rights to the materials and need not be submitted to
competitive bids, and
WHEREAS, the C~ty Council w~shes to procure one or more of the ~tems mentioned in
the above paragraph, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The City Manager or has designee is hereby authorized to execute an
agreement for certified softball officiating services between the City of Denton and the North
Texas Umpire Association m substantially the form of the agreement whmh ~s attached to and
made a part of this ordinance for all purposes
SECTION 2 This ordinance shall become effective ~mmedlately upon ats passage and
approval
PASSED AND APPROVED this the ,_~ff~ day of ~ ,2001
EUL1NE BROCK, MAYOR
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROU~~TTORNEY
AGREEMENT BETWEEN CITY OF DENTON AND
NORTH TEXAS UMPIRE ASSOCIATION
The C~ty Of Denton, Texas (hereinafter "CITY") of Denton, Texas and the North Texas Umpire
Association (hereinafter "NTUA") enter ~nto the following Agreement
1 CONTEST
^) The NTUA agrees to officiate the 2001 Adult Slow-P~tch Seasons for Men, Coed, and
Women ASA softball games that are scheduled by CITY at North Lakes Softball
Complex, Denton, Texas
B) CITY will prowde NTUA w~th a schedule of games dep~cbng leagues and their field
assignments for the season NTU^ will receive th~s ~nformat~on at least two (2) weeks
before the season begins CITY w~ll also prowde NTU^ w~th the league's current rules
and regulations that are modified from the current Amateur Softball Association (ASA)
rules
C) NTUA w~ll schedule officials so that the ab~hty level of the official will match or exceed
the level of league play on each field NTUA w~ll provide up to two (2) umpires and one
(1) scorekeeper for each game
(1) Optimally, each field w~ll have two (2) umpires, but when that ~s not possible,
NTUA w~ll ~nsure that the official working alone w~ll be a quahfied umpire
2) The Umpire-In-Charge (UIC) scheduled for each night w~ll 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 CITY w~ll pay NTUA a total of $40 00 per game
B Payment Determination
Both part~es w~ll determine the payment to be the calculated number of games
scheduled for each particular league t~mes the rate of $40 00 per game
C Schedule of Payment
1) Initial Payment
CITY w~ll make an m~t~al payment ~n 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) F~nal Payment
CITY w~ll make the final estimated amount owed to the NTU^ on or before 14 days
after the f~rst scheduled game
D If NTUA provides only one official for a game, then CITY will be credited $ for
each game that has one official working alone Th~s 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 ~s a member ~n good standing of the ASA
4 INTERPRETATION
ASA Rules and CITY Softball Rules shall govern play and settle rule d~sputes
AGREEMENT BETWEEN CITY OF DENTON AND
NORTH TEXAS UMPIRE ASSOCIATION
Ao
If CITY 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 AGREEI~IENT
This agreement shall become null arid 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 will be charged to CITY.
, A. If initial notification is by phone, then a wdtten confirmation shall thereafter be sent
within seven (7) days.
7. INDEMNITY
NTUA agrees to indemnify, defend and hold harmless, CITY and their empteyees and
officers from and against any and all claims or actions for injude~ or damages, including
death, arising out of NTUA's performance under thisagreement, 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 CITY and two (2) board members from NTUA on or before May I , 2001 ..
.City of Denton
. April 3, 0~,1
Nfi~- '~ ~ \ Tit~
Date April 3, 2001/~/Eool<,~.
Narl~ ; Title
City of Denton Parks and Recreation Deparm~ent
349-8523
349-8384 fax
North Texas Umpire Association
Date ~t~ - ~ ~,-1~ ~
North Texas Umpire Association
524 N Locust, Suite A
Denton, TX 76201
898-1561
380-9235 fax