2000-122O O N CE NO
AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF CERTIFIED SOFTBALL OFFICIATING SERVICES AVAILABLE
FROM ONLY ONE SOURCE 1N ACCORDANCE WITH THE PROVISIONS OF
STATE LAW EXEMPTING SUCH pURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (AWARDED TO
NORTH TEXAS UMPIRES ASSOCIATION IN THE AMOUNT OF $36 50 PER
GAME FOR AN ESTIMATED ANNUAL EXPENDITURE OF $45,990 )
WHEREAS, Section 252 022 of the Local Government Code promdes that procurement
of items that are only available from one source, including, items that are only avmlable from one
source because of patents, copyrights, secret processes or natural
monopolies, films, manuscripts or books, electnmty, gas, water and other utility purchases,
captive replacement parts or components for equipment, and hbmry materials for a public library
that are available only from the persons holding exclusive distribution rights to the materials,
need not be submatted 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
SEC_~ That the following purchase of matenals, equipment or supphes, as
described in the "Purchase Orders" hsted hereon, and the agreement attached hereto and on file in
the office of the Purchasing Agent, are hereby approved
PURCHASE
AMOUNT
03370 North Texas Umpire Association $38,500
TBD* North Texas Umpire Association $7,490
*Subject to Council approval of funding m the 2000/2001 budget
SEC~ That 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
~ That the C~ty Manager is hereby authorized to execute any contracts
relating to the items specified in Section I and the expenditure of funds pursuant to said contracts
is h~eby authorized
SECTION IV That th~s ordinance shall become effective lmme&ately upon its passage
and appr°val PASSED AND APPROVED this the /¢ ~'~-~ day of~ ,2000
JAC~LER, MAYOR
ATIIEST
JENNIFER W ALTERS, ~ITY SECRETARY
AP~[~)VED/~S TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
03370-sole source
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 Umprre Association (hereinafter "NTUA") enter into the following
Agreement
l CONTEST
A The NTUA agrees to officiate the 2000 Adult Slow-Pitch Season for Men, Coed, and
Women ASA softball games that are scheduled by PARD at North Lakes Softball
Complex, Denton, Texas Smd season shall be completed November 30, 2000 The
umpires prowded here~n are not employees of PARD or the City of Denton but are
independent contractors providing contractual services under the terms of tlus
agreement
B PARD wtll provtde NTUA wtth a schedule of games depicting leagues and their field
asslguments for the season NTUA will receive tlus mformatton at least two (2) weeks
before the season begins PARD wall also provide NTUA with the league's current
rules and regulatmns that are modified from the current Amateur Softball Assocmtlon
(ASA) rules
C
NTUA will schedule officials so that the ability level of the official will match or
e~ceed the level of league play on each field NTUA will provide up to two (2) umpires
and one (1) scorekeeper for each game
1 OpUmally, each field will have two (2) umpires, but when that is not possible,
NTUA will insure that the offimal working alone will be a qualified umpire
2
The Umpire-In-Charge (UIC) scheduled for each mght will ensure that the
officials assigned to each field are capable of working that particular level of
play
2 PAYMENT
A In conmderaUon of such services, the PARD will pay NTUA a total of $36 50 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 $36 50 per game
Page I of 3
3
C Schedule of Payment
D
Initial Payment
PARD will make an lmtial 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
If NTUA provides only one official for a game, then PARD will be credited $6 50 for
each game that has one official working alone Tl~s credit can be used dunng the
current season or dunng the next season
OFFICIALS
NTUA represents officials that are, or will be by the date of the contest, a duly registered
umpire who m a member In good stan&ng of the ASA
4 INTERPRETATION
ASA Rules and City Softball Rules shall govern play and settle role disputes
A If PARD offers a "coaches meeting", NTUA recommends that the executive committee
be notified of the date, t~me, and place of the coaches meeting We would like to
explmn new rules, game procedures to the new coaches, and discuss how on-field
disagreements will be handled
5 VOIDING OF AGREEMENT
6
This agreement shall become null and void upon the demise of either orgamzatlon 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
NOTIFICATION/SCHEDULE CHANGES
All notifications concerning the provisions of the document or of schedule changes shall be
in venting 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 ad&tional
administration fee of $3 00 per game will be charged to PARD
A If Imtlal notification IS by phone, then a written confirmation shall thereafter be sent
within seven (7) days
Page 2 of 3
7 INDEMNITY
NTUA agrees to mdenmify, defend and hold harmless, PARD, the City of Denton, and their
employees and officers from and against any and all clmms or actions for m3unes or
damages, including death, arising out of NTUA's performance under this agreement,
lnclu~tmg the negligent acts or omissions of the umpires provided for under tins agreement
and any elmms 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 10, 2000
City of Denton
Parks and Recreation Department
Tlt e
Date
Name
Title
North Texas Umpire Association
Date
City of Denton Parks and Recreation Department
Knstle Weaver
349-8523
349-8384 fax
North Texas Umpire Association
524 N Locust, Suite A
Denton, TX 76201
898-1561
380-9235 fax
Page 3 of 3