22-1421ORDINANCE NO. 22- 1241
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE SPECIALINSTRUCTOR AGREEMENT TO BE USED BETWEEN THE CITY OF DENTON PARKSAND RECREATION DEPARTMENT AND SPECLAL INSTRUCTORS TO PROVIDE
RECREATIONAL CLASSES AND ACTIVITIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the “City”) wishes to provide additional specialty
recreational opportunities to the community beyond the expertise and skill of paid City staff; and
WHEREAS, the City wishes to enter into agreements with persons skilled to offer these
services and instruction to the community; and
WHEREAS, the Special Instructor Agreement outlines the process, policies, and
procedures by which Instructors may provide these programs, special instruction, classes, and
services to the community; and
WHEREAS, the City of Denton City Council finds it is in the public best interest to approvethe Special Instructor Agreement; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City of Denton City Council finds that the recitations contained in the
preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in
the body of this ordinance.
SECTION 2. The City Manager, or designee, is further authorized to execute on behalf of
the City the Special Instructor Agreement, a copy of which is attached hereto as Exhibit “A“ and
made a part hereof for all purposes.
SECTION 3. The City Manager, or designee, is further authorized to carry out all duties
and obligations to be performed by the City under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by
seconded by FM&h ChaD> K4f(:rz/
by the following vote [ G - L]:
!i>f 1~an euR and
; the ordinance was passed and approved
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
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ATTEST:
ROSA RIOS, CITY SECRETARY A\\IP 1lllffZa
APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY/--\J’-BY:
Page 2 of 2
SPECIAL INSTRUCTOR 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
(Instructor Name) (hereinafter referred to as “Instructor”), to provide recreational classes and activities
(hereinafter referred to as the “program” or “programs”) for the City of Denton Parks and RecreationDepartment (the “Department”).
The Instructor and City hereby agree to the following terms and conditions for any programs
conducted by Instructor:
1. Term of Agreement: The term of this Agreement shall commence on the “Effective Date” (as
hereinafter defined) and shall end on September 30, 20
2. Programs. Subject to final City approval and the terms and conditions of this Agreement, Instructor
shall provide the programs as detailed in Exhibit A, attached hereto and made a part of this
agreement.
3. Compensation. Instructor shall not accept compensation from any source except the Parks and
Recreation Department for conducting the agreed-upon programs.
4. Registration. Registration for all programs including the collection of fees shall be conducted by
the Parks and Recreation Staff. Upon authorization and request by the Department, the Instructor
may be asked to assist if necessary. All program participants must be registered and have a currentmembership before participating in any programs.
5. Schedule. Days, hours, locations and fees for the programs will be mutually agreed upon by theParks and Recreation Department and the Instructor. Instructor will not deviate from established
criteria unless otherwise directed by Department staff.
6. Participant Minimum. To ensure the sustainability of programs, minimum participation numbers
will be established for each activity. Minimum participant numbers must be met for each of the
programs to be held. Minimum numbers are established based on program cost, Instructor
compensation rate, and program fees.
7. Marketing. The Instructor is responsible for assisting in the marketing efforts of the programs by
helping with the distribution of flyers and other marketing materials including social media posts
and campaigns.
8. Equipment and Facilities. The Instructor shall assume responsibility for proper use and care of
Parks and Recreation equipment, the facilities and/or the grounds to which assigned. Broken,
damaged, or unsafe equipment should be immediately reported to department staff and not used
until repaired to a safe working condition.
9. Reporting Incidents. All accidents, injuries, or incidents must be immediately reported to a Parks
and Recreation Staff member so that proper action may be taken.
City of Denton Special Instructor Agreement Page 1 of 6
It shall be the responsibility of the primary Instructor to pay additional instructors. Instructor shall
ensure additional instructors fully comply with this Agreement. Instructor hereby agrees to beliable for the acts and omissions of such additional instructors.
17. INDEMNIFICATION:INSTRUCTOR 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 WHICHRECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS.THAT MAY ARISE OUT OF OR BE OCCASIONED BY INSTRUCTOR'S BREACH OFANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, OR BY ANYNEGLIGENT OR STRICTLY LIABLE ACT OR OMISSION OF INSTRUCTOR, ITSOFFICERS, AGENTS, ASSOCIATES. EMPLOYEES OR CONTRACTORS. IN THEPERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITYPROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITYRESULTING FROM THE SOLE NEGLIGENCE OF CITY, ITS OFFICERS, AGENTS,EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT ANDCONCURRENT NEGLIGENCE OF BOTH THE INSTRUCTOR AND CITY.RESPONSIBILITY AND INDEMNITY, IF ANY. SHALL BE APPORTIONEDCOMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLETO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OFTHE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS PARAGRAPH ARESOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDEDTO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANYOTHER PERSON OR ENTITY.
18. 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. In the event there is any dispute arising out of the terms and
conditions of, or in connection with, this Agreement, the party seeking relief shall submit such
dispute to the appropriate court in Denton County, or if federal diversity or subject matterjurisdiction exists, to the United States District Court for the Northern District of Texas.
19. 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 dulyexecuted
20. 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.
21. 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
City of Denton Special Instructor Agreement Page 3 of 6
PRINTED NAME
TITLE
DEPARTMENT
EXHIBIT A: PROPOSED PROGRAMSEXHIBIT B: PARD CODE OF CONDUCT AND ANTIBULLYING POLICYEXHIBIT C: INDEPENDENT CONTRACTOR GUIDE
City of Denton Special Instructor AgreemeM Page 5 of 6