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Tracy Reed CIQ 11.22.2024Special Instructor Agreement Checklist Steps to be completed by Recreation Coordinator/Specialist: Contract Proposal (IC Guide provided and completed annually and in full) Strategic Program Plan (New Programs, approved by Supervisor & PAM) Or Program Determinant Evaluation Form (Returning ProgramsRQVPDUWVKHHWapproved by Supervisor & PAM) Conflict of Interest Questionnaire Individual Contractor Form via NEOGOV Forms (download after HR Director Approval) Liability Insurance Determination (Complete intake form and attach program proposal, Risk will make the official determination.) COD General Release (Activity is low risk, does not require insurance, required for all vendors & instructors) Liability Insurance required (Activity does not require workers comp or automobile coverage) Liability, Automobile, and Workers Comp Coverage Required Liability Insurance Certificate Review if required from step above. (Smartsheet Intake Form) Policy must cover a minimum of $1,000,000 per occurrence. City of Denton must be listed as certificate holder & additional insured. Address must be listed as: City of Denton, 321 E. McKinney St. Denton, TX 76201 Signed Agreement (only the vendor/user signs this, it will receive all other signatures via Docusign) Special Instructor Agreement w/ Exhibits A, B, C as listed in the agreement. CivicRec Contract; Acknowledged on __________________ Vendor Request-Substitute W-9 (RQO\new contracts or updated info, Robin to complete the Smartsheet intake) Send link for Background Check- Agreement, Disclosure and Authorization after all items have been received. (Required for all instructors/subs. Check approval Smartsheet first, may have completed with another department/division. Attach background check clearance email.) P.O. Request Form (Excel, only needed if we will be collecting registration fees and paying contractor) Upload all documents, including this checklist, as a PDF to the corresponding row in the LS Contract Submission Smartsheet. Documents should be uploaded as separate files and clearly labeled to match this checklist. PO Request should be uploaded as an Excel file, not a PDF. Complete the form through “Ready for Review” all approvals will be complete through an automated workflow. Steps to be completed by Recreation Supervisor then PAM via Smartsheet Workflow: Strategic Program Plan review & approval Contract Packet review & Approval PAM will send current vendors’ updated Conflict forms (Cheyenne.DeFee@cityofdenton.com, Mary.McFall@cityofdenton.com) PAM will combine all required documents into one PDF upon final approval. PO stays in Excel format. Steps to be completed by Leisure Services Admin: Submit new vendor Conflict of Interest, W9, and vendor forms. Upload Agreement with all exhibits and contract packet to DocuSign Signature path: Manager Initials, Department Director, City Manager (or designee), City Secretary Enter OR number and approved PO number when received Vendor: _____________________________________________ Y N/A Tracy Reed 12.11.24 n n n Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Independent Contractor Analysis By submitting this form, I certify that I have sufficient knowledge to prepare or review the questionnaire with complete and thoughtful accuracy. Further, I understand this form is designed to determine whether an individual can be engaged as an independent contractor (IC) without violating Department of Labor or IRS guidelines, and that should the Internal Revenue Service ("IRS") disagree with this classification, the City may be responsible for any additional compensation, taxes, interest, or penalties that the IRS or other regulatory bodies might assess. Failure to comply with IC requirements may be grounds for disciplinary action. If you have any questions about this form, please contact the Human Resources Compliance Specialist at ext. 7810. If the contractor is a corporation, partnership or LLC, or similar legal entity taxed as a corporation, or a partnership with an EIN, this form does not need to be completed. In order to move forward with a corporation or other legal entity, they must be authorized to transact business in Texas according the Texas Secretary of State and Texas Comptroller of Public Account records. Please note option descriptions before you make your selection. Name Individual Does Business Under Tracy Reed Name of Individual being considered for IC services: Tracy Reed Division Name P&R-LS-SENIOR CENTER Full Name Nicole Brasher Date Is the individual performing substantially similar services under similar direction and control as other City employees? * No If you replied yes, please provide details here: 11/26/2024 Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Is the individual a current employee or a previous employee performing services in a substantially similar capacity or under similar control and direction as when they were a previous employee? ** No If you replied yes, please provide details here: What services will the individual being considered for IC status be providing for the City? Tracy Reed is a licensed massage therapist and esthetician. She would like to offer 15 & 30 minute chairside massages to patrons at the senior center. She brings in all of her own supplies and a portable chair. This program promotes relaxation, self-care, and stress/pain management many older adults deal with. CONTROL FACTORS Will the IC set their own hours of work? Yes (IC) Are the services provided by the individual self-assigned? Yes (IC) Is the Individual providing services responsible for addressing problems and/or complaints as they arise? Yes (IC) Is the work completed by the Individual done under a written agreement between the City and the Individual? Yes (IC) Is the Individual exempt from attending regular meetings and/or completing reporting similar to employees? Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Yes (IC) Will the individual perform the work without supervision, including supervision by means of a device or technologically? For example, does the individual clock in, or are they responsible for keeping up with their own time? Yes (IC) Is the individual responsible for their own training and/or instruction and continuing education? Yes (IC) Is the control of the services directed by the individual without direction or instruction by City? (Examples of control include instructing the individual as to when and where to do the work; what tools or equipment to use; where to purchase supplies and services; what work must be performed by a specific individual; or what order or sequence to follow when performing the work.) Yes (IC) Is the individual permitted to hire their own employees or subcontractors to assist with the services/project? Yes (IC) Does this individual offer the same or similar services to the public (other individuals or entities) while performing services for the City of Denton? (Clarification: Check no if this individual does not currently perform these services for any other individuals or entities.) Yes (IC) INVESTMENT IN EQUIPMENT/MATERIALS Are services performed off-site? If no, where? Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA *** Yes (IC) If no, where? Will the individual provide the supplies, materials, and/or equipment to perform the services requested? Yes (IC) RELATIONSHIP/PERMANENCE Will the individual be engaged for a specific project or perform a service with a defined end date? Yes (IC) SKILL/INITIATIVE REQ’D Does the individual bring specialized skills to the work relationship? Yes (IC) MANAGERIAL SKILL/ECONOMIC PROFIT-LOSS FACTORS Is the individual in control of business decisions for profit/loss? Yes (IC) Is individual responsible for the expenses incurred in performing the services? Yes (IC) Will the individual invoice the City for lump sum or according to a scope for the services provided/project? Yes (IC) Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Does the individual advertise their services or actively recruit new clients? Or market their services or labor to multiple entities? Yes (IC) INTEGRAL PART OF CITY BUSINESS Is the function/service they perform an accessory or secondary (not an integral) part of Dept’s business functions? Yes (IC) This section below is for the Compliance Team only Compliance Decision Approved- IC Multiline Text Your responses indicated that Tracy Reed, will be providing chairside massages for patrons of the Senior center. These services are not currently provided by the Parks and Recreation Team. Furthermore, I have confirmed that Tracy has her professional massage therapist license as of October 2024. The totality of all other circumstances presented points to independent contractor status – you can continue with your normal process for Independent Contractors. Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 1 Brasher, Nicole T. From:Harris, Tiffany Sent:Thursday, December 5, 2024 11:42 AM To:Brasher, Nicole T. Cc:Bowery, Tracey Subject:Chair Massage - Insurance Project: Chair Massage Insured: Tracy Reed Risk Management has reviewed the certificate(s) of insurance and/or bonds for the project and contractor shown above and has found them to be in compliance with the insurance requirements. If you have any questions or need further assistance, please reach out. We’re here to help! Kindly, Tiffany Harris, MPA | Risk Manager Risk Management 601 E. Hickory Street, Ste. A Denton, TX 76205 Phone: 940‐349‐7822 Email: tiffany.harris@cityofdenton.com Our goal is to serve YOU! Click here to tell us how we are doing. Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA AMTA Member ID#: 2066208 Tracy Reed 7704 Swan Park DR Denton, TX 76210-7144 AMTA Member Classification: Enrolled Member Effective Date: 8/1/2024 to 7/31/2025 PROF Coverage for enrolled member's business is limited to claims arising from enrolled member's professional services. Business Name: Administered By: Healthcare Providers Service Organization Affinity Insurance Services, Inc. 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034 Insurance Company: Columbia Casualty Company A CNA Company $2,000,000 each clalm/$6,000,000 aggregate Subject to the Master Policy Aggregate Coverage is afforded to AMTA Members for a period of 12 monrhs concurrent with the Enrolled Member Effective D.3te or until membership is terminated or expires. Student Enrolled membership expires on the last day of the month ln which the Student Enrolled Member graduates No coverage is afforded to Student Enrolled Members for providing massage therapy services outside of school sanctioned and directed activities. If the AMTA Master Policy Is non-renewed or cancelled, the AMTA Member's coverage under chis policy will terminate upon the explratjon of the Enrolled Member Effective Date and will not be renewed. The Master Policy Aggregate may be reduced by claims paid on behalf of other insureds. .ADDITIONAL COVERAGES (included in Professional Uability Limits specified obove) •General Liability •Good Samaritan Liability •Products Liability •Malplacement Liability•Host Liquor Liability •Fire & Water Legal Liability (subject to S 100,000 sub Um,t) •Personal Injury Liability COVERAGE EXTENSIONS COVERAGE EXTENSION LIMITS •License Protection•Defense Expense Benefit•Deposition Representation •Assault (excluding Texas) •Medical Payments •Rrst Aid•Information Privacy Coverage (HIPAA) $10,000 per proceeding/ $25,000 aggregate $10,000 aggregate $2,500 per deposition / $5,000 aggregate S 10,000 per incident/ $25,000 aggregate $2,000 per person/ S 100,000 aggregate $2,500 aggregate $25,000 aggregate This material 1s intended to provide a general overview of the products and services offered. Coverage for enrolled member's business is If mired co claims arising from enrolled member's professional services. Only the policy can provide the actual terms, coverage amounts, cond,uons and exclusions. Please contact HPSO at 1 ·888-253-1474 directly for a free copy of the complete policy. Rcv.2/2022 Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA SPECIAL PROGRAM AGREEMENT This Agreement is hereby made and entered into by and between the City of Denton, Texas, a home-rule municipal corporation, hereinafter referred to as "City", and ______________________ (hereinafter referred to as “Contractor”) (collectively referred to as “Parties”), to provide recreational related classes and activities (hereinafter referred to as the “Program” or “Programs”) for the City of Denton Parks and Recreation Department (the “Department”). RECITALS • The City desires to offer varied and specialized activities of interest to its citizens and program participants; and • The City’s parks and recreation ad valorem tax supported budget and operations are thoughtfully organized to function in a manner to serve the interests of as many citizens and participants as is reasonably feasible, but cannot provide all programs that may be of interest to participants, particularly those programs that require specialized experience, knowledge, or skill; and • Contractor desires to offer _________________________, which is a specialized activity or service, in exchange for remuneration derived from such activity or service; and • The City believes there may be community interest in __________________ and desires to engage Contractor as an independent contractor to provide __________________ and related services including lessons, clinics. classes and demonstrations; and • Contractor, or their officers, agents, instructors, employees, associates, contractors, or subcontractors (Employees), have the necessary qualifications, knowledge, skill, experience and capability that specially equip Contractor to fully perform the Program(s) described in this Agreement; and • Contractor is in control of, and is responsible for, designing and executing Program content; and • City and Contractor desire to enter into a written agreement whereby the duties and obligations of each to the other are set forth; and Therefore, in consideration of the mutual terms and conditions set forth herein and other good and valuable consideration, the Parties hereto agree as follows: 1. Recital Incorporation. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement in their entirety. 2. Term of Agreement. The term of this Agreement shall commence on the “Effective Date” (as hereinafter defined) and shall end on September 30, 20 . In no event, shall the term of this Agreement be longer than one fiscal year. 3. Programs. Subject to final City approval and the terms and conditions of this Agreement, City of Denton Special Program Agreement Page 1 of 8 Chair Massage Chair Massage Chair Massage 25 Tracy Reed Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Contractor shall provide the Programs as detailed in Exhibit A, attached hereto, and made a part of this Agreement. 4. Compensation. Contractor shall not accept compensation, payment, fees, or any other remuneration from any source except the City for performing the contracted Programs provided for in this Agreement. 5. Registration. Registration for all Programs, including the collection of fees, shall be conducted by Department Staff unless the City and Contractor agree in writing to an alternative registration process. All Program participants must be registered and have a current membership before participating in any programs. 6. Schedule. Days, hours, locations, and fees for the Programs will be proposed by Contractor and mutually agreed upon by the Department and the Contractor. Contractor agrees to perform according to the schedule established herein or unless a change is mutually agreed upon in writing by Department and Contractor. 7. Participant Minimum. To ensure the viability of Programs for the contracted period, minimum participation numbers are established for each activity. Minimum participation numbers must be met for each of the Programs to be held. Minimum numbers are established based on program cost, agreed compensation rate, and Program fees. Failure to meet minimum participation numbers shall be deemed a default of this Agreement by Contractor, and the City shall have the right to terminate this Agreement and will have no further obligation under the terms of this Agreement. 8. Marketing. The Contractor is responsible for participating in the marketing efforts for the Programs in a manner agreed upon by the Parties, including helping with the distribution of flyers and other marketing materials including social media posts and campaigns. The Contractor is prohibited from using the City’s logo without express written permission from the City. 9. Equipment and Facilities. The Contractor shall assume responsibility for proper use and care of Department equipment, the facilities, and the grounds to which the City and Contractor have agreed the Programs will take place or be in use. Contractor agrees to immediately report all broken, damaged, or unsafe equipment or conditions to the Department in writing and agrees Contractor and its Employees or Program participants will not use or be allowed to use such equipment until written confirmation by the City is received by the Contractor that such equipment has been replaced or repaired to a safe condition. 10. Reporting Incidents. All accidents, injuries, or other similar incidents must be immediately reported to the Department so that proper action may be taken. Contractor agrees it will provide a written report regarding such incidents upon request by the City. 11. Invoicing and Attendance Records. Contractors are required to keep attendance records for each Program and ensure all participants check in with recreation staff prior to each Program session. Contractor shall submit attendance reports to the Department at the end of each Program period and upon request by the Department. Invoices will not be deemed complete without attendance records attached. Contractor agrees to submit a complete invoice(s) within 30 days of the end of the Program period. If a Program period ends on or before September City of Denton Special Program Agreement Page 2 of 8 Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 10, Contractor agrees to submit a complete invoice on or before September 20 of the Contract Term. If September 20 ends on a Saturday, Sunday, or City Holiday, Contractor agrees to submit the complete invoice on the next business day after September 20. 12. Absences or Tardiness. The Contractor agrees to conduct themself in a professional manner in the performance of this Agreement and the administration of the Program(s). Contractor agrees to notify the Department in advance if Contractor is unable to conduct a Program session or when a Program session will have a late start. The Contractor agrees Contractor is responsible for contacting and informing all Program participants in a timely manner regarding the circumstances described in this paragraph. Contractor agrees that if Contractor fails to conduct a scheduled Program session, Contractor will be required to schedule a make-up program at a mutually agreed upon time between the Recreation supervisor of the Department and the Contractor. Contractor’s compensation will be prorated so that Program sessions that are not conducted are not compensated. Repeated delayed starts to Program sessions constitute a breach of this Agreement. 13. Compliance with Laws and Policies; Conduct. A. Contractor agrees to abide by all Parks and Recreation Department (PARD) policies and procedures regarding City facilities, activities, and programs, all applicable laws, and agrees to take all reasonable action to ensure compliance by Contractor’s Employees and Program participants with such rules and regulations including the PARD Code of Conduct and Antibullying Policy, the PARD Computer, Internet, and WiFi Policy, as those policies may be amended. (Current provisions are attached as Exhibit B). Any policies that are amended during the Agreement Term will be made available to Contractor. B. The Contractor understands and acknowledges Program participants, and the public may attribute or impute the Contractor’s actions and conduct to the City of Denton and therefore Contractor agrees to conduct themselves, and requiring their Employees to conduct themselves, in a positive and professional manner at all times. Contractor further agrees to refrain from and prohibit their Employees from conducting themselves in a manner that could reflect negatively on the City. C. Contractor acknowledges receival of and to abide by the Independent Contractor’s Guide as attached as Exhibit C. D. Contractor acknowledges Contractor has sole responsibility for reporting and paying all state and federal taxes for Contractor and its Employees. E. Contractor understands and agrees it is not an agent or representative of the City and will not represent themselves as such or allow their Employees to do so. 14. Independent Contractor. In performing services under this Agreement, the relationship between City and Contractor is that of an independent contractor. No term or provision of this Agreement shall be construed as making Contractor or any employee or instructor of Contractor (Employees) the agent, servant, or employee of City, or making Contractor or any of its Employees eligible for any benefits, such as leave, retirement, insurance or worker's compensation, which City provides its employees. City of Denton Special Program Agreement Page 3 of 8 Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 15. Background Check. The City has a desire to protect the safety and welfare of its citizens during their participation in Programs, events and activities occurring on City property. To ensure a safe environment, Contractor and Contractor’s Employees are required to consent to a criminal background investigation. 16. GROUNDS FOR DISQUALIFICATION AND TERMINATION. A. The City reserves its rights to disqualify any person from conducting Programs for good cause as determined by the City and Director of Parks and Recreation. B. Good cause shall include, but is not limited to: Contractor’s arrest or conviction of any criminal offense; being charged with any felony or Class A or Class B misdemeanor, or with any level of crime of moral turpitude, or any offense involving violent behavior, assault or family violence; failure or refusal to comply with Section 13 of this Agreement; or abusive, harassing, or other serious misconduct toward Program participants, Department staff, or other individuals using, or present on, City property. C. If Contractor or an Employee is determined eligible but is later arrested or convicted of any of the listed above, Contractor is required to notify the City immediately. The City may prohibit any individual from conducting any further Programs until the case has been fully adjudicated. The City may terminate this Agreement effective immediately for any failure to notify the City of any arrests or convictions from the list above, and solely within the discretion of the Department Director or City Manager or designee, such failure may render the Contractor ineligible to enter into a new agreement for a minimum of twelve (12) months beginning on the date the failure to notify was discovered or the case has been finally adjudicated, whichever is later. D. Termination. The City reserves the right to immediately terminate this Agreement at any time and for any reason, including but not limited to Contractor’s failure to strictly comply with any term or condition of this Agreement. Contractor is entitled to payment for services rendered up to the date of termination. 17. Additional Employees: Should Contractor require additional Employees to assist Contractor with administering their program(s), all additional Employees must complete the above referenced criminal background check prior to conducting any Program provided for in this Agreement. It shall be the responsibility of the Contractor to pay the wages of the Contractor’s additional Employees and to comply with all state and federal laws, including tax laws, applicable to Contractor with respect to the Contractor’s Employees. Contractor agrees it is Contractor’s responsibility to ensure additional Employees comply with this Agreement. CONTRACTOR HEREBY AGREES TO BE LIABLE FOR THE ACTS AND OMISSIONS OF SUCH ADDITIONAL EMPLOYEES. 18. INDEMNIFICATION: CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY City of Denton Special Program Agreement Page 4 of 8 Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA CONTRACTOR’S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, OR BY ANY NEGLIGENT OR STRICTLY LIABLE ACT OR OMISSION OF CONTRACTOR, ITS INSTRUCTORS, OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS, IN THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH THE CONTRACTOR AND CITY, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. CONTRACTOR ACKNOWLEDGES AND AGREES CONTRACTOR IS SOLELY RESPONSIBLE AND LIABLE FOR INFRINGEMENT OF COPYRIGHTED INFORMATION OR UNAUTHORIZED USE OF OTHER INTELLECTUAL PROPERTY BY CONTRACTOR, ITS INSTRUCTORS, OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, OR CONTRACTORS AND SUBCONTRACTORS, AND CONTRACTOR FURTHER ACKNOWLEDGES AND AGREES THE ABOVE PARAGRAPH APPLIES TO ALL SUCH INFRINGEMENT OR VIOLATIONS. 19. Jurisdiction and Venue. This Agreement shall be governed by, construed, and enforced in accordance with, and subject to the laws of the State of Texas, without regard to the conflict of laws principles of any jurisdiction. Venue shall be and remain in Denton County, or if federal diversity or subject matter jurisdiction exists, in the United States District Court for the Northern District of Texas. 20. Modification. No waiver or modification of this Agreement, or of any covenant, condition, or limitation shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed. 21. Governmental Immunity. This Agreement is expressly made subject to City’s governmental immunity, including but not limited to the Texas Civil Remedies Code and all applicable state and federal law. The Parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability that the City has by operation of law. Nothing herein is intended to benefit any third-party beneficiaries to this Agreement. 22. Incorporation of Exhibits. All Exhibits referenced in this Agreement are incorporated herein in their entirety. City of Denton Special Program Agreement Page 5 of 8 Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Exhibit A: Contractor’s Programs Exhibit B: PARD Code of Conduct, Antibullying, and Computer, Internet & Wifi Policies Exhibit C: Independent Contractor Guide 23. Severability. In the event any provision or item of this Agreement is held invalid or unenforceable by any court, such invalidity shall not affect other provisions or items of the Agreement which can be given effect without the invalid provisions or items, and to this end, the provisions of this Agreement are hereby declared severable. 24. Effective Date. The City of Denton and Contractor agree that this Agreement shall become effective upon the signature of both parties on the later of the dates set forth below (the “Effective Date”) and shall be binding on both parties, their successors, and assignors. 25. Authority to Enter into Agreement. The undersigned individuals, officers or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day indicated below. CITY OF DENTON, TEXAS BY: SARA HENSLEY, CITY MANAGER Date: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: CONTRACTOR BY: AUTHORIZED SIGNATURE Printed Name: Title: Date: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. SIGNATURE Phone Number Email Address City of Denton Special Program Agreement Page 6 of 8 Tracy Reed Licensed Massage Therapist 940-594-9158 1tracy.reed@gmail.com Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 1/13/2025 1/22/2025 EXHIBIT A–PROGRAM DETAILS Contractor agrees to provide the following listed program(s) for the rates, dates, times and locations listed: Activity Name (as it should appear in printed materials): Location/Facility: Session Days/Times: Activity Fee Per Participant: Minimum # of Participants Instructors rate of compensation for the class shall be: a. b. % of the class fee collected Activity Name (as it should appear in printed materials): Location/Facility: Session Days/Times: Activity Fee Per Participant: Minimum # of Participants Instructors rate of compensation for the class shall be: a. b. % of the class fee collected Activity Name (as it should appear in printed materials): Location/Facility: Session Days/Times: Activity Fee Per Participant: Minimum # of Participants Instructors rate of compensation for the class shall be: a. b. % of the class fee collected City of Denton Special Program Agreement Page 7 of 8 per class participant, or; per class participant, or; per class participant, or; Chair Massage - 15 minute Denton Senior Center 2nd & 4th Tuesday, January - September 2025 $25 3 $15 Chairside Massage - 30 minute Denton Senior Center 2nd & 4th Tuesday, January - September 2025 $40 3 $30 4 4 Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Activity Name (as it should appear in printed materials): Location/Facility: Session Days/Times: Activity Fee Per Participant: Minimum # of Participants Instructors rate of compensation for the class shall be: a. b. % of the class fee collected Activity Name (as it should appear in printed materials): Location/Facility: Session Days/Times: Activity Fee Per Participant: Minimum # of Participants Instructors rate of compensation for the class shall be: a. b. % of the class fee collected Activity Name (as it should appear in printed materials): Location/Facility: Session Days/Times: Activity Fee Per Participant: Minimum # of Participants Instructors rate of compensation for the class shall be: a. b. % of the class fee collected City of Denton Special Program Agreement Page 8 of 8 per class participant, or; per class participant, or; per class participant, or; Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA EXHIBIT B: PARD CODE OF CONDUCT, CITY OF DENTON ANTIBULLYING, AND PARD COMPUTER, INTERNET, AND WIRELESS INTERNET (WI-FI) POLICIES   CITY OF DENTON PARKS AND RECREATION   Department Policy Title:  LS.3.1 PARD Rules of Conduct Policy Section and Chapter:  LS.3 Program Participation Policy Type:  Department Policy Last Revision Date:  12/28/2023 POLICY STATEMENT: The Parks and Recreation Department (PARD) mission of Unite, Grow, and Play strives to ensure all people have access to the benefits of parks and recreation, leads in improving health and wellness, and focuses on environmental conservation of open space. Those using park facilities and its resources have the right to expect a reasonably clean, safe, and comfortable environment that supports appropriate park services and activities. In order to protect these rights, the users of park facilities and property are expected to comply with the Rules of Conduct listed in this directive. The Rules of Conduct apply to all park premises, including buildings, interior and exterior, and all grounds controlled and operated by PARD. The Rules of Conduct applies to all individuals entering recreational facilities or who are on park property. This does not preclude individual recreation facilities, park property, or programs from implementing area specific rules such as gymnasium rules, camp behavior, athletic field and program rules. These rules will be made available to provide park users with notification and are subject to the same enforcement procedures outlined in this policy. Any person who violates Rules 1-3 listed below while in or on park property will be immediately reported to the appropriate law enforcement agency and will be ejected and issued a criminal trespass notice in accordance with Policy 500.08 Trespass Warning on City Property from the Denton Police for all PARD premises from the Denton Police for all PARD premises. Any person issued a trespass order who then re-enters any PARD location is subject to arrest. The prohibition from entering any PARD facility shall be effective from the issuance of the notice. Any adult person issued a trespass notice from either PARD staff or Denton Police is excluded from PARD property and shall lose all PARD privileges for a period of one year. Minor offenders (individuals aged 11- 17) may be excluded from use of PARD property by trespass. With approval by the PARD Director, persons who commit especially egregious offenses or exhibit an ongoing threat to the community may have a trespass notice extended for an additional year for a total of a two-year enforcement period. The following are violations of PARD’s Rules of Conduct: Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 1. Commits or attempts to commit any activity that would constitute a violation of any federal, state, or local criminal statute or ordinance. 2. Is under the influence of any controlled substance or intoxicating liquor. 3. Possesses, sells, distributes or consumes any alcoholic beverage, except as allowed at a parks-approved event where the person is legally authorized to sell, distribute, or consume alcoholic beverages. Any person who violates the following rules listed below while in or on PARD premises will be given one warning at the discretion of PARD staff. If the person fails to adhere to the warning, then the person will be asked to leave the premises for the day. Subsequent offenses by that person may result in a suspension from PARD programming for up to a year or an issuance of a trespass notice and immediate ejection and exclusion from all PARD premises. 4. Engages in conduct that disrupts or interferes with the normal operation of the facility/program or that disturbs park staff or individuals. Such conduct includes, but is not limited to, disregard of staff directives, abusive or threatening language or gestures, unreasonably loud or boisterous physical behavior, talking or noise; 5. Engages in bullying or harassing behavior or conduct that disrupts both a person’s ability to engage in development opportunities and the City’s ability to deliver services in a safe environment in violation of City Policy 510.01, supported by Resolution 18-2146. 6. Intentionally destroys, damages, or defaces any park or other individual’s property. Certain violations of the policy may also be a violation of Rule of Conduct #1; 7. Takes, appropriates, or secures property or any item of value other than their own and without the consent of the owner. Certain violations of the policy may also be a violation of Rule of Conduct #1; 8. Solicits, petitions, distributes written materials or canvass for political, charitable or religious purposes inside a park building, including the doorway or vestibule of any such park building or in a manner that unreasonably interferes with or impedes access to the premise. Activities related to or in conjunction with a polling site must adhere to all applicable voting and election laws. 9. Brings in articles that create a hazard for other park customers by their size, condition or substance; 10. Fails to maintain control of personal items or by leaving items unattended, allowing items to block access to walkways, materials or equipment, or by allowing items to interfere with a staff member or individual’s use of the park facility; 11. Personal possessions (except for bicycles) may not be left unattended outside the park building. If sitting outside, a customer must keep their possessions with them in a neat, orderly or Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA contained manner. Personal possessions such as grocery bags, trash bags, backpacks, bedrolls, shopping bags and carts, and luggage left outside park facilities are subject to removal. 12. Use of bicycles, skates, roller blades, skateboards, and motorized or non- motorized scooters (except for motorized ADA assistive devices, wheelchairs, walkers, and strollers) on playgrounds or park amenities such as benches and tables; 13. Operates motorized or non-motorized scooters, roller skates, skateboards or other similar devices inside buildings, including, but not limited to, vestibules or covered doorways; 14. Interferes with the free passage of park staff or customers in or on park premises; 15. Smokes, uses tobacco products or electronic smoking devices inside a park building or within 30 feet of a park structure, including but not limited to, buildings, playgrounds, restrooms, and dugouts; 16. Brings animals inside park buildings / facilities, other than those assisting customers with disabilities or for the purpose of park approved events or programs. Animals must be restrained and attended at all times in accordance with Chapter 6 of the Code of Ordinances. 17. Violates PARD’s Computer, Internet, and Wireless Internet (Wi-Fi) Policy. Certain violations of the policy may also be a violation of Rule of Conduct #1; 18. Lying down and sleeping inside park buildings / facilities; having feet on furniture or blocking aisles, exits or entrances; 19. Improperly uses restrooms, including but not limited to, washing or drying clothes and bathing in areas that are not shower facilities; 20. Uses equipment at a volume that disturbs others; 21. Leaves one or more children under the age of eight (8), who reasonably appear to be unsupervised or unattended, anywhere in or on park premises; 22. Fails to wear shoes or shirts at all times inside park buildings / facilities. Exceptions will be made for programming as appropriate such as swimming, yoga, karate classes; 23. Solicits money or donations in or on park premises without prior permission from PARD; 24. Sells merchandise or services in or on park premises without prior permission or a permit from PARD; 25. Uses photography, film, or television equipment inside park buildings/facilities without prior permission from PARD. Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 26. Any individual whose bodily hygiene is offensive so as to constitute a significant nuisance to other persons will be required to leave the building until such time as the condition is corrected. 27. Does not adhere to the operational hours for park buildings, facilities, parks, and open spaces. 28. Does not adhere to the posted rules at park buildings, facilities, parks, and open spaces. Procedures for Enforcement Any user in violation of the Rules of Conduct is subject to enforcement actions by PARD staff. Egregious violations may result in the issuance of a criminal trespass notice. Individuals receiving a suspension or trespass notice are not eligible for program refunds. PARD staff is dedicated to working with park users in addressing potential violations prior to becoming an issue requiring enforcement. Actions taken will be dependent on the nature of the behavior and / or activity and the severity of disturbance or threat it creates. Levels of action are as follows and include but are not limited to the measures described: Level 1 – Warning • Verbal warning • Redirection or time-out from activity • Meeting / conference with parent or guardian Level 2 – Staff Issued Suspension • Removal from the building / facility for the day • Removal from the program for the day Level 3 – Supervisor Issued Suspension • Removal from the program for the remainder of the enrollment period • Suspension from programs at 30-day intervals up to a year Level 4 – Criminal Trespass Notice • Up to six (6) months from stated park property if not related to a violation of law or city ordinance. • Up to one (1) year prohibition from stated park property from the date the warning was issued for violation of law or city ordinance. • The severity of the incident causing the criminal trespass warning to be issued shall be taken into consideration when determining the duration of the trespass. The duration of the criminal trespass warning shall be subject to the Administrative Review process if one is requested by the person receiving the Trespass Warning. Staff may begin with or move to any level of action depending on the nature and circumstance of the incident. Incident reports shall be completed for all meetings or conferences under Level 1 and for all actions Levels 2-4. Immediate supervisors, up to the Director, must be notified for all Level 3 and Level 4 actions. Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Procedure for Appeals Persons may request a review by the PARD Director of a staff issued suspension. An appeal must be submitted in writing to the PARD Director as visits in person to any PARD location are prohibited. The written appeal must be received at the following address within 14 days of the date the suspension notice is issued. Denton Parks and Recreation Department Director 901 Texas Street Suite A, Denton, TX 76209 The appeal must include an address or contact information at which PARD may correspond with the individual making an appeal. The Director of Parks will respond in writing within 14 days of the receipt of the appeal. This appeal process shall only apply to any suspension issued by a park employee and shall not apply to a criminal trespass notice issued by a police officer. Appeals to notices issued by law enforcement may be processed as determined by Municipal Court according to Policy 500.08 Trespass Warning on City Property Revision History Revision Date Policy Owner Summary 02/04/2019 Gary Packan, Director Parks & Recreation Policy approved by Parks Recreation and Beautification Board. 10/01/2022 Gary Packan, Director Parks & Recreation Policy revised per City Policy 500.08 Trespass Warning on City Property 12/28/2023 Gary Packan, Director Parks & Recreation Formatting, Update PARD Address 09/11/2024 Gary Packan, Director Parks & Recreation Updated discipline and appeal process Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA CITY OF DENTON PAGE 1 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: GENERAL POLICIES/PROCEDURES/DIRECTIVES REFERENCE NUMBER: 510.01 SUBJECT: BULLYING PREVENTION IN CITY FACILITIES AND PROGRAMMING INITIAL EFFECTIVE DATE: 12/4/18 TITLE: ANTI-BULLYING AND ANTI-HARASSMENT POLICY LAST REVISION DATE: POLICY STATEMENT The City of Denton acknowledges that all individuals have the right to participate fully in City programming, activities, and use of City facilities free from bullying and harassment. Bullying and harassment, like other harmful or violent behaviors, are forms of conduct that disrupt both a person’s ability to engage in development opportunities and the City’s ability to deliver services in a safe environment. The City of Denton prohibits bullying as defined in this policy against any individual on the basis of race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, genetics, or any protected classification under Federal or state law. This policy is applicable to all individuals participating in City programs and activities and covers conduct that takes place in City facilities and on City property. This policy also pertains to usage of electronic technology and electronic communication that is used for bullying or harassment (i.e. cyber-bullying). DEFINITIONS “Bullying,” as described by the American Psychological Association, is a type of aggressive behavior where someone causes injury or discomfort intentionally and repeatedly to another person. We further define bullying as written, verbal, or physical conduct that adversely affects the ability of one or more person(s) to participate in or benefit from the City’s programs or activities by placing the individual in reasonable fear of physical or emotional harm. This includes conduct that is based on an individual’s actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, religion, or any other distinguishing characteristics that may be defined by the City of Denton. This also includes association with a person or group with one or more of the above-mentioned characteristics, whether actual or perceived. Any use of electronic communication technology to bully or harass as defined in this policy is also prohibited under this policy. “Harassment” means unwelcome conduct that is based on race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, genetics, or any protected classification under Federal or state law and the conduct is severe or pervasive enough to create an environment that a reasonable person would consider intimidating, hostile, or abusive. HR/POLICY/(#) APPROVED BY: (CITY MANAGER/NAME OR RESOLUTION/INCLUDE #) Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA PAGE 2 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) ANTI-BULLYING AND ANTI-HARASSMENT POLICY REFERENCE NUMBER: 510.01 ADMINISTRATIVE DIRECTIVES 1.0 REPORTING PROCEDURES A. All allegations of bullying, harassment, or cyber-bullying can be reported to the designated City staff in writing or by email. Any individual may file such a report. B. Upon receipt of a complaint, City staff shall take such action(s) as they deem reasonable and appropriate based off of this policy and the specific department’s procedures. Reasonable and appropriate actions may include but are not limited to: a. Contacting individuals involved to determine whether an investigation should be pursued; b. Investigating the alleged incident of bullying, harassment, or cyber-bullying; c. Taking immediate steps, at the Department head’s discretion, to protect any involved individual pending completion of an investigation; and d. Taking action such as banning individuals from City programs or facilities if said individual is found to be in violation of this policy immediately following the conclusion of the investigation. C. Concerns of bullying, harassment, and cyber-bullying may be filed anonymously. However, exclusion from program participation generally cannot be taken based on an anonymous report alone. Anonymous reports will be investigated with the same procedure, timeliness, and vigor as other reports. D. City staff may also use this procedure to investigate complaints of retaliation or threats of retaliation which intimidate the victim of bullying or harassment. E. Any act or event involving potential criminal activity may be reported to the Denton Police Department or other law enforcement agencies as applicable. 2.0 GENERAL PROVISIONS A. To the extent reasonably possible and when applicable, City departments shall notify participants of this policy and potential adverse actions which may include, but are not limited to: warnings; loss of opportunity to participate in City activities; being banned from specific programs or facilities; and loss of other privileges. B. Any City department taking adverse actions against an individual found in violation of this policy should evaluate whether it may be appropriate to notify any other City departments depending on the factual circumstances. Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA PAGE 3 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) ANTI-BULLYING AND ANTI-HARASSMENT POLICY REFERENCE NUMBER: 510.01 C. City Department heads may take reasonable steps to implement ongoing professional development of staff members to prevent, identify, and respond to bullying, harassment, and cyber-bullying. D. City Departments heads may take reasonable steps to present the City and Department’s policy on bullying, harassment, and cyber-bullying to individuals participating in City programming or using City facilities. This may include instruction on how to prevent bullying, harassment, and cyber-bullying; the process for filing complaints; and the process/consequences that will result from the complaint. This policy may be included in registration forms, posted in City facilities, and on City department websites. Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA   CITY OF DENTON PARKS AND RECREATION   Department Policy Title:  LS.3.2 Computer, Internet, And Wireless Internet (Wi-Fi) Policy Policy Section and Chapter:  LS.3 Program Participation Policy Type:  Department Policy Last Revision Date:  01/04/24 POLICY STATEMENT The Parks and Recreation Department (PARD) provides the use of computers for park pass holders and free (Wi-Fi) access which all park users can use to connect to the Internet. To use these services, customers must agree to abide by relevant PARD policies. Computer and Wi-Fi users are bound by the Texas Penal Code, sections 43.21, 43.22, and 43.24, which make display of obscene materials a criminal offense. PARD COMPUTER USE 1. Computer users are responsible for complying with Copyright legislation. 2. To use a computer, one must have a valid pass issued by PARD. 3. Computers are available on a first-come first-served basis. 4. Customers may not use a pass other than their own to access PARD computers. 5. For their personal security, customers should end their session by logging off all applications when they are done using the computer. 6. PARD is not liable for information received or sent from public access computer workstations or laptops. 7. Work not saved before the end of a session is lost and is not retrievable INTERNET Information Access PARD computers for the transmission, dissemination and/or duplication of information is regulated by state and federal laws. PARD users are bound by the Texas Penal Code, sections 43.21, 43.22 and 43.24, which make display of obscene materials a criminal offense. All PARD users must comply with these laws. PARD policy forbids the access of illegal material on its terminals. To this end, PARD uses electronic filtering to restrict access to pornographic sites. Internet Use • PARD does not control information found on the Internet and, therefore, cannot be held responsible for its content. • Individuals who use the Internet are responsible for evaluating the validity and appropriateness of the information they access. • PARD staff is available to offer assistance as needed. PARD does not provide e-mail accounts; however, customers may be able to access their free web-based e-mail accounts through public computers. Internet Use by Minors Supervision of a child's use of the Internet is the responsibility of a parent or legal guardian. Responsibilities of Internet and Other Computer Users The following actions may result in the loss of computer access and/or PARD privileges: • Damaging computer equipment or software. • Use of any PARD pass but their own. Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA • Behavior in violation of Resolution 18-2146 Anti-bullying and Anti-harassment Policy which includes engaging in harassing or defamatory activity on-line. • Use computers for illegal activity. • Relocating computer monitors or PC towers. WIRELESS INTERNET (WI-FI) PARD’s Wi-Fi network is not secure. PARD assumes no responsibility for the safety of equipment, device configurations, security, or data files when connecting to the Wi-Fi network. PARD is not responsible for any loss of data, or for theft or damage to personal equipment or software. Anti-virus and security protection are the responsibility of the customer. Due to the diversity of devices used by customers, PARD staff is not able to provide technical assistance and is not permitted to configure or troubleshoot a customer’s device. Though the network is designed to cover the entire facility, no guarantee is made for signal strength or availability. There is no time limit on using the Wi-Fi network with personal equipment. Revision History Revision Date Policy Owner Summary 02/01/2019 Gary Packan, Director Parks & Recreation Implementation and approval by Legal 1/4/2024 Gary Packan, Director Parks & Recreation Formatting Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA EXHIBIT C: INDEPENDENT CONTRACTOR GUIDE DENTON PARKS AND REC Independent Contractor Guide Revised 9-11-2024 Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 1 WELCOME The City of Denton Parks and Recreation Department is committed to improving the lives of our residents by providing quality parks and recreation experiences for our community. As such we are always on the lookout for exciting new recreation programs to offer to our community. As our mission indicates, to unite and grow lives by preserving parks and encouraging play, we look forward to the possibility of working with others to reach our common goals and serve the community. This guide was created in order to allow potential program providers to acquaint themselves with the City of Denton and the process of becoming an Independent Contractor for the Parks and Rec Department. It is also designed to serve as a resource for current Independent Contractors. WHAT CAN THE PARKS AND RECREATION DEPARTMENT OFFER CONTRACTORS? Providing a program at the City of Denton has many benefits: • The City has access to great parks and facilities including gymnasiums, classrooms, meeting rooms, aquatic facilities, as well as many athletic fields and courts. • The City advertises classes in the City’s program guide which is mailed out three times per year to all households in the City of Denton. • All class information is also available 24 hours a day on the City’s website. Often classes are also featured in other marketing avenues such as email blasts, social media and electronic flyers sent to Denton ISD students. • The City uses an advanced registration system that maintains facility bookings for all programs and allows for efficient processing of all registrations. Up-to-date rosters, attendance worksheets, and waitlist information can be viewed by providers at any time. • Participants can register for programs in the way that is most convenient for them including online for classes at any time of day or night, in person, or by phone. The City accepts cash, checks, Discover, Visa and MasterCard payments. • The City accepts registrations from both residents and non-residents, giving everyone the opportunity to participate in the classes and offering Contractors the opportunity to attract participants outside of Denton as well. QUESTIONS ABOUT THIS GUIDE If you have any questions about the information included in this guide, feel free to contact the Parks and Recreation Department at: Denton Civic Center 321 E McKinney Street Denton, TX 76201 parksnrec@cityofdenton.com (940)349-7275 www.dentonparks.com Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 2 HOW TO BECOME AN INDEPENDENT CONTRACTOR In order to become an Independent Contractor for the Parks and Recreation Department (Department), a potential contractor must first submit a program proposal for each proposed course. Proposals should be returned to any recreation center and are accepted year-round. Incomplete or illegible proposals will not be considered. Once a proposal has been submitted, a Program Coordinator will review the document and notify the potential Independent Contractor. If the City is interested in the program proposed, a staff member will contact the Contractor to further discuss the program proposal. The Program Coordinator can assist with general information as well as information regarding facility availability, dates, and times, and answer questions regarding the contract process. Not all programs—even quality ones—will be accepted. For example, the department will not accept proposals that are not in line with the department’s mission stated above, or are similar to programs that the department is currently offering. Also, programs that are similar to those that have been offered in the past that have been cancelled due to low enrollment may not be accepted unless the program provider can demonstrate they have the necessary number of participants interested. There is no exclusivity to Independent Contractors or the classes they teach. City of Denton employees may not lead programs related to their job description on a contract basis, regardless of department. Contractors who may become employed by the City of Denton at a later date must immediately disclose this to Human Resources and the Parks and Recreation Department. Items Required for Approval as an Independent Contractor If the City and Contractor agree a proposed program is mutually beneficial, Independent Contractors are required to provide the following items in order to be approved as an Independent Contractor for the department. • Program Proposal • IRS W-9 Form • Depending on the program, a Certificate of Liability Insurance. Generally, a policy with combined single limits of not less than $1,000,000 per occurrence that lists the City of Denton as an additional insured will be required. However, the types and amounts of insurance required will be determined by the City’s Risk Department. • General Release of Liability • Conflict of Interest Form • Disclosure and Authorization Form • Complete and pass electronic background check • Acknowledge and execute Agreement in CivicRec • Completion of the agreement process with all required City approvals. Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 3 REGISTRATION Contractor’s participants must register through the Department’s process. Under no circumstances is a contractor to accept payments from participants, except supply fees expressly provided for in the Contract. All participants must be registered with the Department before being allowed into any class. It is the Contractor’s responsibility to ensure that all participants are registered, fully paid, and have completed the liability waiver prior to attending the class. PROGRAM SCHEDULING Independent Contractors are responsible for submitting class proposals and schedules through the Program Proposal. Independent Contractor Agreements are for a period of no more than one year. The Department will attempt to accommodate Contractor’s proposed schedule, and Contractor may indicate in the Program Proposal whether the dates and times proposed are non-negotiable understanding that may mean the Program may not be selected for that period due to schedule constraints. Programs are normally scheduled to coincide with the printing and mailing of our biannual program guide. In order to maximize the effectiveness of this important marketing tool, Contractors should make sure that their programs adhere to the following general schedules: Program Season Information Due Date: Programs Take Place: Winter/Spring Guide September 1 December - March Summer Guide December 1 April - July Fall/Winter Guide May 1 August - December Please note that Independent Contractor Agreements must be approved, and all necessary paperwork must be completed before a program will be placed in the program guide. Contractors should allow ample time for this entire process. The City of Denton observes the following holidays: New Year’s Day, MLK Jr. Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day and the following Friday, Christmas Eve and Christmas Day. The City aligns programing with Denton ISD school calendar. These holidays and the Denton ISD school schedule may affect class schedules. For City observed Holidays that do not fall on the actual holiday, recreation centers may remain open. Contractors are responsible for verifying with recreation center staff when planning their program schedules around the holidays. CHANGES TO CLASSES The Department may cancel classes or upon reasonable notice to the Contractor, change the time, date, or location of classes; and to make other changes only when necessary to ensure a quality experience for the participants or to protect public safety. Classes not meeting the minimum enrollment may be cancelled or, with agreement of the Contractor(s), be combined. If the class is cancelled by the Department, the Department will inform the Contractor and participants of the cancellation, and will issue a full refund to the participants. Contractors are not reimbursed for any expenses that they may have incurred for a cancelled program unless expressly provided for in the Agreement. Changes to a program or class by the Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 4 Independent Contractor related to terms of the Agreement must be by amendment to the Agreement. Other changes must be approved by the Program Coordinator of the Department. PROFESSIONAL CONDUCT Though not employees of the City of Denton, Independent Contractors do represent the City. For some participants, the Independent Contractor is the only department representative with whom they will encounter. Independent Contractors must conduct themselves in a professional manner including dress and speech and should support the information outlined in this guide. The department also expects that all contractors will uphold the mission and values of the Parks and Rec Department. CLASS SCHEDULES Contractors are responsible for providing instruction for the specified number of hours agreed upon and advertised. If a class is cancelled for any reason, the Program Coordinator will work with the contractor to schedule a make-up class. If a make-up class cannot be arranged, or if a participant cannot attend the make-up class, the participant(s) will be issued a pro-rated refund for the missed class, which will be factored into the determination of the final payment owed to the instructor. COURSE ENROLLMENT Once registration has begun for a class, contractors can view registration updates through their CivicRec account. It is the Independent Contractors responsibility to notify the Program Coordinator if the class has not met the minimum registration requirements by the registration deadline to cancel the class or extend the deadline. Independent Contractors will be responsible for notifying enrolled participants if the class is canceled. The Program Coordinator will be responsible to issuing refunds or credits. CONTACT WITH CLASS PARTICIPANTS Participant contact information is provided to contractors in order to allow the contractor to provide good customer service and for safety reasons. This information is personal and should not be shared with anyone, including other participants, parents, other businesses, etc., rented, sold, or used for purposes not specific to the contracted class. For example, using the information to create a mailing list to advertise the contractor’s other services is not allowed. TRACKING ATTENDANCE It is the contractor’s responsibility to take attendance at each class. This is especially important for large classes where participants may have shown up to class without paying. Please inform individuals who have not paid to visit the front desk or website to register. Participants must either be on the roster with completed waiver or have a receipt before being admitted to class. If a participant does not show up for the first class, please give the participant a call to remind them of the next class (assuming you have multiple classes). It is the participant’s responsibility to remember the classes they have signed up for, but it is good customer service to contact these participants and could lead to more loyalty and higher participation in the future. Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 5 Completed attendance sheets must be turned in with the final invoice at the conclusion of the class in order to process a timely payment. Invoices will not be processed without completed sign-in sheets. FACILITY & EQUIPMENT USAGE Classes are held in various locations throughout Denton. In most circumstances, contractors will be allowed to set up their activity areas 15 minutes prior to the beginning of class activities. The contractor must always leave the activity area in the condition in which it was found. It is the contractors’ responsibility to provide the necessary equipment to run a safe and quality program. This means cleaning up any materials and replacing any furniture and/ or equipment back in its original location after the class ends. Contractors may not use any City owned property including copy machines, fax machines, computers, materials, and/or equipment without prior approval of the Program Coordinator. Contractors should plan to provide all equipment, materials, and copies at their own expense. INSTRUCTOR ABSENCES, SUBSTITUTES, OR CANCELLATIONS If a contractor is ill or unable to meet with their class, the contractor must notify their assigned Program Coordinator as soon as possible but no later than one hour prior to the start of the class. Contractors may arrange for a substitute, which cannot be a City employee. Substitutes must be covered under the contractor’s insurance policy, if required, and have satisfactorily completed a background check before being allowed to instruct the class. If the substitute has their own insurance coverage, it must meet the same requirements of that of the contractor’s insurance and must be provided to and approved by the City in advance of the substitution. Contractors may want to submit the substitute’s insurance information in advance in order to eliminate any problems due to an unforeseen need for a substitute. As the contract is made with the Independent Contractor, the City cannot issue any form of payment to the substitute—it is the contractor’s responsibility to work out any payment due to the substitute. PARTICIPANT & INSTRUCTOR SAFETY Regardless of the activity, one of an instructor’s primary responsibilities is to ensure the safety of participants involved. Instructors should visually inspect the facilities they are working in and equipment they are working with before the start of each activity. Instructors should make themselves familiar with the location and operation of emergency exits, restrooms, first aid kits, and AED. If any aspect appears unsafe, the contractor should notify their Program Coordinator and take actions that will ensure participant safety. Once the activity has ended, the instructor should stay on site until all participants have left unless the facility has a staff member present serving as a facility attendant that is able to accept the responsibility. Special care should be taken with minors who should only be released to parents, guardians, or other responsible parties designated by a guardian. Contact numbers are given to all contractors. If there is ever a question as to whether or not a child should be allowed to leave on their own or if someone unfamiliar arrives to pick up a child, the instructor should contact the parent to confirm. Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 6 All accidents and incidents (physical or verbal), no matter how minor they appear, should be addressed and reported. If an accident occurs in a class, please act calmly, promptly, and efficiently to take care of the situation. If a City staff member is on duty at the facility, instructors should request their assistance in providing First Aid (if needed) and completing an Accident/Incident Report. If no employees are present, instructors should do the best within their abilities and training to respond, calling for help from employees, ambulance, or police if necessary. After the incident is addressed, the instructor is responsible for reporting it to the Program Coordinator on an Accident/Incident Report and submitting it within 24 hours. Depending on the activity, some instructors may be required to hold special certifications such as CPR/First Aid or to show that they have been trained in teaching an activity such as fitness or a sport. This is done to make sure that the instructors can safely lead the activity they are being contracted to provide. The City of Denton has a policy against any form or type of discrimination and harassment by, among, or to its representatives. Discrimination and harassment can be defined as any behavior that is disrespectful and causes discomfort to another person, be it physical, verbal, visual, or sexual. Contractors are responsible for their (and their employees’, volunteers’, and sub-contractors’) own actions/conduct, and must never engage in discrimination and harassment. PROMOTING YOUR CLASSES Independent Contractors are essentially business owners contracting services to the City. As such, contractors should strive to provide high-quality programs and always conduct themselves in a professional manner. It’s important to keep in mind that the best advertisement a contractor can receive for their programs is through “word of mouth” or referrals of past participants. The City will place program descriptions in our Program Guide. Programs will also be listed in the online registration portal which can be accessed through the City’s website. Occasionally the City will also select programs to feature in monthly e-newsletters, social media, flyers, etc. The Independent Contractor agrees to actively promote their program via business websites, social media, flyers, etc. A contractor’s assigned Program Coordinator can offer suggestions for other ways to market a contractor’s programs in the community if needed. CLASS FEES Independent Contractors ultimately set their own prices. Program Coordinators will advise on current market conditions and can negotiate a final rate based on the specific facilities, equipment, supplies, and support that the department must provide the contractor for the class to run properly. This final rate will be indicated in the contract. The City imposes a non-resident fee on individuals who do not reside in the City of Denton. These fees Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 7 are not considered part of the base class fee and contractors will not receive any portion of this non- resident fee in their payment. SUPPLY FEES Any supplies needed for a program are the responsibility of the contractor. If supplies are to be obtained by the participants, it will be the responsibility of the contractor to ensure that this is noted in the contract and program description and that a supply list is provided to the Program Coordinator. If the supplies are to be purchased directly from the instructor, this transaction should take place at the first class meeting. The department is not responsible for reimbursing an instructor for any supply fees not paid by a participant. Supply fees not listed in the program description and contract cannot be collected. PARTICIPANT REFUNDS AND TRANSFERS The department’s refund policies apply to all programs offered through the City, including those offered by a contractor. Unless otherwise noted, a refund or credit equal to the registration fee will be given if the participant withdraws by the registration deadline. If a participant is unsatisfied with a program, the City attempts to work with the participant to find a suitable alternative. However, in certain cases, when an alternative is not available or if the participant is not able to attend the program at no fault of their own (such as a medical issue), a refund may be granted. The ultimate decision on whether to refund a participant is up to the discretion of the Program Coordinator or higher-level management at the City. Contractors are not paid for participants who are granted refunds (but may be paid a prorated amount for those given a partial refund), who transfer to a different program not offered by the contractor, or who do not attend the program. Attendance should be tracked for each class to ensure proof of participation in the event of a discrepancy regarding a refund or user credit request. PAYMENT FOR SERVICES Independent Contractors are paid at the conclusion of the session after all services have been rendered or on a regular calendar set by the Program Coordinator for those contractors who are scheduled on a week-to-week basis. Completed attendance sheets must be turned in with the final invoice at the conclusion of the class in order to process a timely payment. Invoices will not be processed without completed sign-in sheets. Payments are directly deposited within 30 days of receipt of an invoice and attendance sheets. If a contractor should discover that a participant owes money, the contractor should notify their Program Coordinator so that the issue can be addressed. Any outstanding balances will hold up payment for services as the City cannot pay contractors for monies that we did not collect. Participants who are refunded or are transferred out of the program according to the policies listed above will not be included in the final payment. Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA 8 STATUS WITH THE CITY OF DENTON Contractors must not present themselves as employees of the City. As contractors are not employees of the City, it is important that they understand that they are not entitled to any benefits or protections afforded to employees including, but not limited to unemployment insurance and worker’s compensation. However, because they are not employees, they are also not bound by any obligations of employees. For example, they have sole control over the manner, means, and methods of performing the services listed in the contract according to their own judgment. They can engage in other business activities outside of the City and can also provide similar contracted services to other organizations, provided that those services do not directly compete with the City. They are also solely responsible for the direction of their own employees and agents. Because of this distinction, it should be understood that contractors are not protected as an employee under the provisions of the general liability insurance of the City and therefore will be solely responsible for their own actions. Any injury or property damage on the job will be the contractor’s sole responsibility and not the City’s. The City will in no way defend contractors in matters of liability. TAXES & DEDUCTIONS Because a contractor is not an employee, the City does not withhold state or federal income tax, Social Security, or other deductions. Under the United States Internal Revenue Code, the City is required to report the payments made to Independent Contractors each year to the IRS for certain threshold amounts. Because contractors are business owners, they may have the ability to claim tax deductions for ordinary necessary business expenses which are directly connected with providing the contracted service. It is the contractor’s responsibility to satisfy any taxes, withholdings, or contributions due on behalf of the contractor (and the contractor’s employees, if any) in an appropriate matter. Contractors are encouraged to contact a professional tax advisor with any questions about any information in this guide and how it would apply to each contractor’s individual circumstances. 4857-0126-2776, v. 1 Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Instructor Contract Page 1 Instructor Initials: ________________ Denton Parks and Rec 321 E. McKinney St. Denton, TX 76201 940-349-7275 parksnrec@cityofdenton.com www.dentonparks.com Contract #2370 Created On: 12/04/2024 12:19 PM Instructor Information Tracy Reed 7704 Swan Park Dr Denton, TX 76210 Phone 1: 940-594-9158 1tracy.reed@gmail.com INSTRUCTOR SESSIONS Activity/Session Terms 1. Chair Massage April 22, 2025 Denton Senior Center, 04/22/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 2. Chair Massage April 8, 2025 Denton Senior Center, 04/08/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 3. Chair Massage August 12, 2025 Denton Senior Center, 08/12/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 4. Chair Massage August 26, 2025 Denton Senior Center, 08/26/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 5. Chair Massage February 11, 2025 Denton Senior Center, 02/11/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 6. Chair Massage February 25, 2025 Denton Senior Center, 02/25/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 7. Chair Massage January 14, 2025 Denton Senior Center, 01/14/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 8. Chair Massage January 28, 2025 Denton Senior Center, 01/28/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 9. Chair Massage July 22, 2025 Denton Senior Center, 07/22/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Instructor Contract Page 2 Instructor Initials: ________________ Activity/Session Terms 10. Chair Massage July 8, 2025 Denton Senior Center, 07/08/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 11. Chair Massage June 10, 2025 Denton Senior Center, 06/10/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 12. Chair Massage June 24, 2025 Denton Senior Center, 06/24/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 13. Chair Massage March 11, 2025 Denton Senior Center, 03/11/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 14. Chair Massage March 25, 2025 Denton Senior Center, 03/25/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 15. Chair Massage May 13, 2025 Denton Senior Center, 05/13/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 16. Chair Massage May 27, 2025 Denton Senior Center, 05/27/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 17. Chair Massage September 23, 2025 Denton Senior Center, 09/23/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person 18. Chair Massage September 9, 2025 Denton Senior Center, 09/09/25, 10am-3pm, Min/Max Participants: 5/12, $0.00 $30.00/Person NOTES Tracy Reed for Chairside massage. Participants will choose a 15 or 30-minute massage. Option 1 - $15 for 15-minute massage (avg. 6 per day) x 18 sessions $15x6x18= $1,620 Option 2 - $30 for 30-minute massage (avg. 5 per day) x 18 sessions $30x5x18= $2,700 Total PO = $4,320 By acknowledging this contract, I agree that I have received a copy of the Denton Parks and Rec Independent Contractor Guide and agree to the terms and conditions within. Thank you for choosing Denton Parks and Rec! Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Vendor Information Not Required for W-9 Form Remit Address (if different from above) Company Name: ____________ _ Contact Name: ____________ _ Address: ____________ _ Email: ____________ _ Phone Number: ____________ _ Fax Number: ____________ _ List Products and/or Services Interested in Bidding: For Internal Use Only x NewVendor D VendorChange D Refund ACH Information-Voluntary ABA Routing#: ( / / tJ()fJ (.p_ ( L/ Contact Name: � �� • Bank Account# i's if ee_f 3 o/� 5=: Bank Name: _..;;Cffej;Si::;;w--""-�-------- �-ACH Email : !1-k½; .,�:a-ACH Email: --v Phone Number: _ _,f._1/b�---=5'::......;.'f__,_:/_-_<?,-->--=l>"f�- Vendor Number Fax Number: -------------- I (we) authorize the City of Denton to deposit payments into the checking account listed. The authority remains in effect until the City of Denton has received written notification from me of termination in time to allow reasonable opportunity to act on it, or until the City of Denton has sent me written notice of terminatio f the agreement. Date: Department Representative (Printed Name) ________________________ _ Purchasing Signature: Date: COD Page2 9/23/2011 111111 Parks and Recreation- Denton Senior CenterRequesting Department: ____________ _ 01/12/2025 Nicole Brasher Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA Docusign Envelope ID: 78EAC3DB-0028-4D94-99A1-A54C527C6ABA