CONTRACT 7482 Instructor’s AgreementAgreement No. 7482
Rev 2/27/25
CITY OF EL SEGUNDO
RECREATION, PARKS AND LIBRARY
401 Sheldon Street
El Segundo CA 90245
(310) 524-2700
INI I' IQUAljLSTRUCT ".4R AGR -t-" EN"r
THIS AGREEMENT, is made and entered into as of the 12th day of November, 2025 between the CITY of El
Segundo (CITY) and Penelope Finders DBA Denny Finders ("CONTRACTOR").
The parties agree as follows:
1. QUA L.IFICATIONS. CONTRACTOR certifies that he or she is a person trained and qualified to perform the
services outlined in Section 2 — Scope of Services for the CITY and though these services are performed
for hire, such services are not necessarily CONTRACTOR's only occupation.
2. SCOPE Of SER" ICEI TANDARI S, CON TRAC`f"'OR agreesAo-perform the services as set -forth -in -Exhibit
"A" (attached) which are incorporated by reference. Such services w-e to be performed at a CITY of Ei
Segundo owned, leased, or contro0edfacility location approximately between the hours of 7:00 a.m. and
10:00 p.m. during January 1, 2026, through December 31, 2028 as needed. Actual dates and times will be
based upon session dates (Fall, Winter, Spring, Summer), facility availability, etc. as solely determined by
the CITY'S Recreation, Parks and Library Department (hereinafter, the "Department").
3. COURSE MATERIALS, CONTRACTOR must provide a course syllabus and course proposal form
(including CONTRACTOR's) to CITY's Department's Director, or designee, (hereinafter, the "Director") at
the beginning of each calendar quarter or upon any change to the syllabus or course proposal.
4. POLICIES AND PROCEDURES. CONTRACTOR agrees to comply with all Department policies and
procedures for contract instructors as outlined in Exhibit "B" (attached) which are incorporated by reference.
5. COMPENSATION; CONSIDERATION. As consideration for CONTRACTOR's services, CITY agrees to
pay CONTRACTOR for the performance of such instructor services as follows:
A. The amount of seventy percent (70%) of course registration fees (as listed on file with the Department),
at the "Recreation ID" holder rate; and
B. Otherwise, services will be compensated at an hourly basis pursuant to the rate set forth in Exhibit "A."
Notwithstanding the foregoing, CITY's compensation payable to CONTRACTOR will not exceed the sum
of $50,000 per fiscal year.
6. CITY 08L.IGATIONS, The CITY agrees to provide a facility, utilities, advertising via the website, and
participant registration services. The CITY will have no obligation to provide any equipment or materials
needed for any particular class. CITY facilities may be utilized for your class only at the designated class
date and time, at the designated class location, unless otherwise authorized by the CITY.
7. FEE SCOPE. CONTRACTOR's fee rate includes, without limitation, the costs for the following:
CONTRACTOR's instruction, instructional supplies and materials, assistants, publicity and transportation.
8. NO SCHEDULE COMMITMENT. CONTRACTOR understands that this Agreement in no way commits the
CITY to provide any number of instruction classes for CONTRACTOR, and the cancellation of any class
will not result in the scheduling of a make-up class, unless solely authorized by the CITY.
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9. TERMINATION, CITY may terminate this Agreement at any time for any reason, with or without cause, arid'
that the CITY will pray CONTRACTOR only for eligible time through the date of termination. "CONTRACTOR
may terminate this agreement at any time with 30 days written notice and will receive payment only for
eligible time through the date of termination.
10. EQUIPMENT. CONTRACTOR will acquire, provide, repair and maintain at CONTRACTOR's sole cost and
expense such equipment as CONTRACTOR needs for performing this Agreement,
11. COMPLIANCE, CONTRACTOR, in the conduct of the services contemplated will abide by all applicable
federal,state, and local laws and regulations including, without hinitatron„ tlae El Segundo Municipal Code
and regulations promulgated thereunder, and including obtaining and maintaining throughout the term of
this agreement a City business license, as applicable.
12. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR is an independent
contractor and has control of all work and the manner in which it is performed. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance (including
Workers Compensation), bonus or similar benefits CITY provides for its employees, Any provision in this
agreement that may appear to give CITY the right to direct -CONTRACTOR as to -the details of doing ,the
work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction
of the CITY as to end results of the work only.
13. MEETING WITH DIRECTOR. CONTRACTOR will meet with Director upon two business days' written
request by Director to discuss the parties' per'fornaance of this Agreement. CONTRACTOR agrees to meet
with Director before completion of current session of classes to review and present for approval the course
syllabus for the next session. CONTRACTOR may opt to provide a full year's syllabus at the beginning of
each contract period.
14. INDEMNIFICATION.
A. To the fullest extent of the law, CONTRACTOR indemnifies, releases and holds CITY harmless from
and against any claim, action„ danrages, costs (including, without limitation, attorney's fees), 'injuries,
or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or
should any claim be brotrgtrt against it by suit or, otherwise, whether the same be groundless or not,
arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's
request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered
against it or any sums paid out irr settlement or otherwise.
B, For purposes of this section "CITY" includes CITY's officers, officials, employees, agents,
representatives, and certified volunteers.
15. INSURANCE.
A, Before commencing performance under this Agreement, and at all other times this Agreement is
effective, CONTRACTOR will procure and maintain the following types of insurance with coverage
limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $1,000,000 per occurrence
Business autornobile liability Proof of Insurance (only if auto used in
performance of work)
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Workers Compensation Statutory Requirement (only if instructor has
employees)
B. Commercial general liability ("CGL") insurance must meet or exceed the requirements of ISO-CGL
Form No. Form CG 00 01 04 13, or equivalent, covering CGL on an "occurrence" basis, including
property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000
per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
C. For automobiles, the insurance must meet or exceed the requirements of Insurance Services Office
Form Number CA 0001 covering Code 1 (any auto), or, if CONTRACTOR provides proof of a
personal automobile policy, such personal policy must include and indicate business venture
coverage with limits no less than $1,000,000 per accident for bodily injury and property damage. If
CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than
$1.000,000 per accident for bodily injury and property damage must be included in coverage. If
CONTRACTOR does not use an auto for any component of this Agreement's performance, then
CONTRACTOR must sign and -submit the form attached as Exhibit-,! G" to CITY before carrying out
work under this Agreement.
D. The amount of insurance set forth above will be a combined single limit per occurrence for bodily
injury, personal injury, and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance
coverage and to state that such insurance will be deemed "primary" such that any other insurance
that may be carried by CITY will be excess thereto. CITY's additional insured status will apply with
respect to liability and defense of suits arising out of CONTRACTOR's acts or omissions. Such
insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject
to reduction except upon thirty (30) days prior written notice to CITY, and the notice must include
any necessary endorsement to facilitate such notice to CITY. See Exhibit "D" for required
endorsement language pertinent to the insurance requirements in this Section 15.
E. CONTRACTOR will furnish to CITY valid Certificates of Insurance evidencing maintenance of the
insurance required under this Agreement, a copy of an Additional Insured endorsement confirming
CITY has been given Additional Insured status under the CONTRACTOR's General Liability policy,
and such other evidence of insurance or copies of policies as may be reasonably required by CITY
from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII."
16. BACKGROUND CHECK; FINGERPRINTING; ASSOCIATED TRAINING. If CONTRACTOR's work
involves contact with minors" before conducting any performance of this Agreement, CONTRACTOR must.
subrnit to and pass a backgroundifingerprint investigation conducted or approved by the CITY.
CONTRACTOR must also complete training in child abuse and neglect identification and training in child
abuse and neglect reporting, which may be met by completing the online mandated reporter training
provided by the Office of Child Abuse Prevention in the State Department of Social Services.
CONTRACTOR affirms and agrees that any such reporting training will be completed before beginning
performance under this Agreement. Upon CITY regUeSt, CONTRACTOR will promptly furnish proof of
completion of such mandated reporter training to CITY, but in no event later, than two business drays
following CITY's request.
17. [RESERVED]
18. REFUNDS. If CONTRACTOR is unavailable to instruct more than twenty-five percent (25%) of the
scheduled classes, students will be allowed to withdraw from the class and receive a pro-rata refund for
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the remaining classes. Any amounts refunded under this section will be subtracted from any remaining
amounts owed to CONTRACTOR by CITY.
19. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts
of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other
similar causes beyond the parties' reasonable control, then no party will be responsible or liable for any
failure or delay in the performance of its obligations under this Agreement.
20. SIGNATURES; COUNTERPARTS. This Agreement may be executed by the parties on any number of
separate counterparts„ and all such counterparts so executed constitute one agreement binding on all the
parties notwithstanding that all the parties are not signatories to the same counterpart. In accordance with
Government Code § 16.5, the parties agree that this Agreement, agreements ancillary to this agreement,
and related documents to be entered into in connection with this Agreement will be considered signed when
the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in
all respects as having the same effect as an original signature. CONTRACTOR warrants that its
signatory (or signatories, as applicable) to this Agreement has the legal authority to enter this
Agreement and bind CONTRACTOR accordingly.
21. INTEGRATION. This Agreement, and its Attachments, sets forth the Parties' entire understanding.
There are no other understandings, terms or other agreements expressed or implied, oral or
,written. Except as otherwise provided, this Agreement will bind and inure to the benefit of the
Parties to this Agreement and any subsequent successors and assigns.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed.
CIT F -L SEGU' Penelope Finders DBA Penny Finders
TyM/ Name:
20
By:
ATT -ST.
City Clerk
APPROVED AS TO FORM:
M ,RK D. HE.NE)tl 4.Y, CITY ATTORNEY
David King,
Assistant City Attorney
INSURANCE APPROVED:
Au ...
Sharon 8 —nnan,
Risk Manager
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EXHIBIT "A„
CITY OF EL SEGUNDO RECREATION, PARKS AND LIBRARY
SCOPE OF SERVICES / STANDARDS
AND HOURLY RATE FOR SPECIAL ACTIVITIES
CONTRACTOR agrees to perform the following services:
CITY maintains certain performance standards that CONTRACTOR must meet each class session. The criteria
required must meet the minimums outlined below.
CONTRACTOR's hourly rate for special activities is $ N/A per hour.
Contractor agrees to perform the following services:
1. Instruct pickleball programs to all aged, registered participants,
2. Instruct activities, lead camps, and put on special prograr-ras during the Winter, Spring, Summer and Fall
sessions.
3. Ensure each class participant is registered and signs the Release of Liability form.
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EXHIBIT "C"
ATTESTATION OF NON -AUTO USE FOR BUSINESS ENGAGEMENT
",hereby declare and attest under penalty of perjury under the laws of the State of California as
follows;
1. 1 seek to be a contracted recreation instructor with the City of El Segundo (the "City").
2. In my capacity as an instructor, I will not utilize any personal or business automobile for the purpose of
performing any work, duties, or services on behalf of the City, including without limitation, travel to or from
City facilities for such performance.
3, All services I will provide for the City are conducted in a manner that does not require the use of any
automobile for transporting equipment, individuals, or for any work -related purposes.
As, a, reWlt, i do not regUire,bus4iess automobile, irlslurance as typicafly mc1ndI ted for otiier_e>ontra tors who
use automobiles in their service to the City.
5. 1 understand and acknowledge that this attestation is provided to comply with the City's contractual
requirements and insurance obligations. Should my circumstances change and I begin utilizing an
automobile in connection with my services to the City, I agree to notify the City immediately and obtain the
necessary business automobile insurance coverage.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
DATE:
NAME AND TITLE (print):__.______
By;
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EXHIBIT "D"
CITY OF EL SEGUNDO INSURANCE ENDORSEMENT LANGUAGE
1. Additional Insured Endorsement with this language: "The City of El Segundo, its elected and appointed
officials, employees, and volunteers as additional insureds."
2. Cancellation Endorsement with this language: `The City of El Segundo will receive thirty (30) days written
notice in the event of cancellation, nonrenewed or reduction."
3. Primary and Non -Contributory Endorsement with this language: "Coverage is primary and non-contributory
such that any other insurance that may be carried by the City will be excess thereto."
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