• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps
• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Contracts awarded to the lowest responsive/responsible bidder (not applicable in Santa Monica)
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget
2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.
Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.
3. What must be disclosed?
A party must disclose campaign contributions over $250 made in the prior twelve months.
A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or
5.O.e
Packet Pg. 488 Attachment: Levine Act - Peter Fox FY 24-25 (6758 : Modifications to Recreational Services Agreements)
other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.
4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.
5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.
Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.
Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
5.O.e
Packet Pg. 489 Attachment: Levine Act - Peter Fox FY 24-25 (6758 : Modifications to Recreational Services Agreements)
5.O.f
Packet Pg. 490 Attachment: Oaks - Peter Fox FY 24-25 (6758 : Modifications to 1 FIRST MODIFICATION OF INSTRUCTOR AGREEMENT NO. 4929
This First Modification of Instructor Agreement Number 4929 (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Peter Fox, an individual (“Contractor”), is made with reference to the following:
RECITALS
A. On or about June 27, 2022, the City and Contractor entered into Agreement Number 4929 to provide instruction in specified recreational activities as part of the recreational programs sponsored by the City of Santa Monica through its Community Services Department (“Original Agreement”).
B. The City and Contractor desire to modify the Original Agreement to extend the contract term, permit City to audit Contractor’s services to ensure compliance with Abuse Prevention Standards and Requirements, Live Scan, and other agreement requirements as specified below, and remove reference to COVID-19 vaccination requirements to no longer apply to the Agreement.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on June 30, 2024, unless terminated earlier as set forth in the Original Agreement. Should the parties mutually agree to renew this Agreement for up to one additional one-year period, the parties agree that Contractor will provide Services under the same conditions contained herein.
2. Section 3 of the Original Agreement entitled “Child Protection” shall be modified by adding the following paragraphs:
3.4 Contractor agrees that City may conduct scheduled or random audits of the Services to ensure compliance with Section 3, and other requirements, that are specified and incorporated in this Agreement to protect children.
3.5 City, in its sole and complete discretion, may suspend or terminate this Agreement immediately if Contractor fails to comply with Section 3, the Live Scan requirement pursuant to Section 12, or the Abuse Prevention Standards and Requirements as outlined in Exhibit D. City will provide Contractor with written notice of any suspension or termination under this section, which will be effective immediately.
DocuSign Envelope ID: DEBA3B84-15E3-4AA4-8E10-3FE0B67E49DF 6/13/2023
5.O.g
Packet Pg. 491 Attachment: 02 First Modification FY23.24 Fox, Peter (6758 : Modifications to Recreational Services Agreements) 2 3. Section 14 of the Original Agreement entitled “COVID-19 Vaccinations” shall be deleted in its entirety.
4. Section 30 of the Original Agreement entitled “Exhibits” shall be modified by deleting reference to Exhibit E COVID Vaccination Policy.
5. Execution in Counterparts. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
6. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: DEBA3B84-15E3-4AA4-8E10-3FE0B67E49DF City Attorney
DOUGLAS SLOAN
6/6/2023
6/6/2023
PeteFoxTennis
Peter Fox
Independent Contractor
6/13/2023
David White
City Manager
Denise Anderson-Warren
6/14/2023
City Clerk
5.O.g
Packet Pg. 492 Attachment: 02 First Modification FY23.24 Fox, Peter (6758 : Modifications to Recreational Services Agreements) 1 October 2021
Agreement No. 4929
COMMUNITY SERVICES DEPARTMENT
RECREATIONAL INSTRUCTOR AGREEMENT
This Instructor Agreement (“Agreement”), entered into as of _________________ (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and Peter Fox, and individual (“Contractor”), is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Santa Monica.
B. Contractor seeks to provide instruction in specified recreational activities as part of the recreational programs sponsored by the City of Santa Monica through its Community Services Department. Contractor is qualified and possesses the experience and skills to provide instruction in the specified recreational activities.
C. City and Contractor desire to enter into this Agreement for Contractor to provide instructional services upon the terms and conditions set forth below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. The term of this Agreement shall commence on the Execution Date and continue through June 30, 2023, unless sooner terminated in accordance with Section 18. Should the parties mutually agree to renew this Agreement for up to two additional one-year period(s), the parties agree that Contractor will provide Services under the same terms and conditions contained herein.
2. Services To Be Performed By The Contractor.
2.1 Class Commitment. Contractor shall provide instructional services (“Services”) in accordance with the Schedule of Services and Payments mutually agreed upon by the parties attached hereto as Exhibit A and incorporated herein by reference. Contractor agrees to conduct classes in accordance with the dates, times, and locations outlined on the Class Schedule Commitment Forms attached hereto as Exhibit B and incorporated herein by reference. A Class Schedule Commitment Form will DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785 6/27/2022
5.O.h
Packet Pg. 493 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 2 October 2021
be completed for each season or session where Services are requested by the City, and Contractor’s agreement to adhere to the class schedule will be reflected by Contractor’s execution of the Class Schedule Commitment Form. Each Class Schedule Commitment Form that is approved by the parties shall become part of Exhibit B and incorporated herein by reference.
2.2 Materials and Supplies. Contractor shall provide its own tools, equipment, materials, supplies, and vehicles necessary to perform the Services and shall be responsible for all expenses incurred in association with the performance of the Services. Contractor may charge a reasonable materials and supplies fee to participants enrolled in a class (“participants”) for materials and supplies Contractor provides to participants provided that: (a) the fee does not exceed the amount set forth in Exhibit A as mutually agreed by the parties; and (b) Contractor collects the fee directly from participants.
2.3 Registration of and Payments by Participants. Registration of, and the collection of payments from, participants shall be handled through City offices. Contractor agrees not register participants or accept any payments for any class from any participants, with the sole exception of any reasonable material and supplies fee in accordance with Section 2.2 above.
2.4 Minimum Class Size. With respect to any particular class, Contractor shall provide Services if the number of participants registered for the class by the time of the first-class meeting is greater than or equal to the minimum set forth in attached Exhibit A. If the minimum number of participants is not registered by the time of the first class meeting, or if the number of registered participants falls beneath the minimum number after commencement of the first class meeting, the parties may mutually agree to cancel or continue the class. If the parties mutually agree to continue a class without having the minimum number of participants registered, Contractor will be paid only for the number of participants registered for that class.
2.5 Cancellation of Classes. If a class is canceled prior to the first-class meeting, Contractor will not be compensated. If a class is cancelled after the first-class meeting, Contractor will be compensated for the class meetings instructed as provided in Exhibit A.
2.5.1 Cancellation by Contractor. Contractor agrees not to cancel any class without providing prior written notice to the City. To cancel a class, Contractor must submit a written notification of cancellation to the City at least sixty (60) days prior to the scheduled first meeting of the class.
2.5.2 Cancellation by City. City agrees not to cancel any class without providing prior written notification to Contractor. To cancel a class, City must submit a written notification of cancellation to Contractor:
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 494 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 3 October 2021
(a) at least three (3) days prior to the scheduled first meeting of the class, in which case City shall have no obligation to compensate Contractor in any way for the cancelled class; or (b) at least three (3) days prior to an effective date of cancellation after the scheduled first meeting of the class, in which case compensation for Services shall be pro-rated to provide payment to Contractor for the dates and times Contractor provided Services.
2.5.3 Rescheduling. If Contractor is unable to provide Services when required at any particular class meeting, Contractor agrees to notify City at least twenty-four (24) hours prior to the start of the scheduled class meeting so that City may notify all participants of the cancellation of that particular class meeting. Except as otherwise provided herein, Contractor agrees to give a make-up class meeting on rescheduled dates and times mutually agreed upon by City and Contractor, with Contractor not unreasonably withholding agreement to any proposed date and time for rescheduling.
3. Child Protection. Contractor and any and all of Contractor’s employees, subcontractors, volunteers, agents, and representatives who render Services that involve direct contact with or supervision of children, or who supervise the employees, subcontractors, volunteers, agents, or representatives rendering such Services, are required to do all of the following:
3.1 Child Abuse and Neglect Mandated Reporter Training. Obtain training in the identification and reporting of child abuse and neglect and comply with California Penal Code Section 11166.5. Contractor shall provide a signed copy of the City of Santa Monica Mandated Reporter Acknowledgement and CDSS Certificates of Completion for the California Child Abuse Mandated Reporter Online Training for Contractor and all such employees, subcontractors, volunteers, agents, and representatives before performing any Services that involve direct contact with or supervision of children.
3.2 Code of Conduct and Standards. Read, understand, and agree to comply with all of the following City standards set forth in City of Santa Monica Administrative Instruction III-5-12: (a) Code of Conduct for Providing Services to Youth; (b) City Standards for Youth Programs; and (c) City Standards for Responding to Allegations of Suspicious or Inappropriate Conduct. For all such employees, subcontractors, volunteers, agents, and representatives, Contractor shall provide a signed Acknowledgment of Abuse Prevention Standards and Requirements attached hereto as Exhibit D and incorporated herein by reference.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 495 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 4 October 2021
3.3 Contractor will bear the costs of complying with the Child Protection requirements set forth in this section.
4. Compensation To Contractor. Contractor shall be compensated for Services performed pursuant to this Agreement in the amount and in accordance with the mutually agreed upon Schedule of Services and Payments set forth in Exhibit A.
The total amount of compensation to be paid to Contractor under this Agreement shall not exceed Two Hundred Forty-Nine Thousand Dollars ($249,000). This total amount will include compensation paid to Contractor for the years that the parties mutually agree to renew this Agreement under the same terms and conditions.
5. Relationship Of The Parties/Independent Contractor.
5.1 Contractor enters into this Agreement as, and shall continue to be, an independent contractor for purposes of federal, state, and local laws, including but not limited to, the California Labor Code, California Unemployment Insurance Code, and wage orders of the Industrial Welfare Commission.
Under no circumstances shall Contractor or Contractor’s employees, subcontractors, volunteers, agents, or representatives look to City as his/her/its employer, or as a partner, agent, or principal. Contractor and Contractor’s employees, subcontractors, volunteers, agents, or representatives shall not be entitled to any City paid benefits accorded to City employees including workers’ compensation, disability insurance, vacation or sick pay.
5.2 Contractor shall be responsible for obtaining, at Contractor’s sole expense, any business licenses, business tax registrations, and permits required to perform the Services.
5.3 Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation, including estimated taxes, and shall provide City with proof of payment on demand.
5.4 Contractor agrees to indemnify, defend, and hold harmless City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this Section.
6. Contractor’s Representations.
6.1 Contractor represents that Contractor and all of Contractor’s employees, subcontractors, volunteers, agents, and representatives who will provide the Services, possess the qualifications and ability to perform the Services in a professional manner, without the advice, control, direction, or supervision of City. Performance of the Services in a professional manner includes meeting the requirements of the program under which Contractor is obligated to provide Services, and failure to do so shall constitute a material breach of this Agreement.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 496 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 5 October 2021
6.2 Contractor represents that it has all of the training and special skills necessary to provide Services. Contractor understands that it shall be solely responsible for the professional performance of the Services, and shall receive no assistance, direction, or control from City. Contractor shall have sole discretion and control of Contractor’s Services and the manner in which they are performed.
6.3 Contractor represents that it maintains a business location that is separate from the location(s) where Contractor will provide Services.
6.4 Contractor represents that Contractor is engaged in an independently established business of the same nature as that involved in the Services that Contractor will perform under this Agreement.
6.5 Contractor represents that Contractor advertises and holds itself out to the public as available to perform, does perform for others, and maintains its own clientele for the same or similar services as the Services that Contractor will perform under this Agreement.
7. Contractor’s Compliance With Law. Contractor shall comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City including, but not limited to, the following:
7.1 Non-discrimination Requirements. Contractor will comply with Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d, and with Section 504 of the Rehabilitation Act, 29 USC Section 794. In accordance with these statutes and other federal, state, and local laws, no person in the United States shall, on the grounds of race, creed, color, disability, national origin, sex, age, marital status, sexual orientation, HIV/AIDS status, political affiliation or religious beliefs, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity provided by Contractor. Contractor and any of its subcontractors shall adhere to all regulations set forth by the Americans with Disabilities Act (ADA). Contractor shall make every effort to ensure that all projects funded in whole or in part by City shall provide equal employment and career advancement opportunities for minorities, women, and persons with disabilities.
7.2 Fair Labor Standards Compliance. Contractor agrees to indemnify, defend, and hold harmless the City, its agents, officers, and employees from any and all liability including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys’ fees arising under any wage and hour law including, but not limited to, the Federal Fair Labor Standards Act, for any services performed by Contractor’s employees, subcontractors, volunteers, agents, or representatives.
8. Permits And Licenses. Contractor shall comply with all applicable laws, regulations, ordinances, and statutes, and shall obtain and maintain, at DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 497 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 6 October 2021
Contractor’s sole expense, all required business and professional permits, licenses, and certificates, including a City of Santa Monica business license.
9. Insurance. Prior to commencing work, Contractor must procure, maintain, and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Contractor or Contractor’s employees, subcontractors, volunteers, agents, or representatives, for the duration of this Agreement. Contractor must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements.
10. Defense, Indemnification and Hold Harmless. Contractor shall indemnify, defend and hold harmless City, its City Council, members of its boards and commissions, officers, agents, employees and volunteers (collectively “City Indemnitees”) from and against any and all loss, damages, liability, claims, suits, judgments, taxes, costs and expenses, whatsoever, including reasonable attorney’s fees arising from or in any manner connected to: (i) the condition or use of materials or equipment provided by Contractor in the performance of the Services; (ii) the Services, activities or work conducted pursuant to this Agreement; or (iii) claims by any persons or entities providing services, materials, equipment or supplies in connection with Contractor’s obligations under this Agreement.
11. Safety. Contractor will notify City immediately if Contractor observes that City’s facility or equipment is unsafe and will not utilize the facility or equipment until the unsafe condition is corrected.
12. Live Scan. Contractor agrees that Contractor and all of Contractor’s employees, subcontractors, volunteers, agents, and representatives who perform Services, or who supervise the employees, subcontractors, volunteers, agents, or representatives performing such Services, will be fingerprinted prior to the commencement of their provision of Services and on an annual basis thereafter as long as Contractor is performing Services. Contractor acknowledges and agrees that fingerprints may be used on an ongoing basis to verify arrests and conviction records for all such employees, subcontractors, volunteers, agents, and representatives by comparing them with local, state, and federal records. Contractor agrees to pay whatever fees if any may be involved in this process.
13. Tuberculosis Screening. Contractor agrees to provide City with proof that Contractor and all of Contractor’s employees, sub-contractors, and volunteers who perform Services have undergone a TB risk assessment or test, as required every four (4) years for adults working with school age children. Contractor shall bear the costs of complying with this tuberculosis screening requirement.
14. COVID-19 Vaccinations. Contractor agrees that all personnel assigned to perform the Services who will either visit or work in City facilities or interact with either City employees or City residents in the course of performing said Services shall be fully DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 498 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 7 October 2021
vaccinated, as defined in the City’s COVID-19 Vaccination Policy, a copy of which is attached as Exhibit E and incorporated herein by reference. Contractor shall provide the City with an attestation that Contractor has confirmed the personnel assigned to perform the Services are fully vaccinated and that such personnel have produced to Contractor one of the forms of documentation set forth in the City’s COVID-19 Vaccination Policy. Contractor shall maintain the underlying documentation establishing that the personnel are fully vaccinated and supporting the attestation for the term of this Agreement. Contractor shall make such documentation available to the City for inspection on demand. Contractor’s failure to comply with the City’s COVID-19 Vaccination Policy or to permit the City to inspect the documentation to verify compliance with the City’s COVID-19 Vaccination Policy within 10 days after the City’s written request for such documentation shall constitute a breach of this Agreement.
15. Informational Meetings. Contractor agrees to meet with City staff at a time and date mutually agreed by the parties, at Contractor’s sole expense, to obtain information about the City’s program in connection with which Contractor will be providing the Services, including policies and procedures for obtaining notice of the number of registered participants, for providing notice of any issues that may arise with participants, and relating to City managed programs that provide services to participants. Contractor agrees that its lead administrative staff and all employees, subcontractors, and volunteers who provide Services shall also attend the meetings.
16. Publicity and Privacy. Contractor agrees not to generate any written, audio or visual publicity regarding City-sponsored classes without prior written approval from City. Contractor agrees not to promote non-City classes at City facilities or with City equipment. Contractor also agrees to respect the privacy of class participants by not soliciting participants’ contact information from participants.
17. Photo Release. Contractor consents to the photographing, recording or reproduction in any other manner (including use of videotapes and audiotapes) of the likeness, voice and/or activities of Contractor and any of Contractor’s employees, subcontractors, volunteers, agents, and representatives who provide Services, and further authorizes the City of Santa Monica, its agents or assigns, to make unlimited use of such reproductions, including, but not limited to, broadcasting to the public of the reproductions over radio and television stations.
Contractor understands that neither Contractor nor any of Contractor’s employees, subcontractors, volunteers, agents, or representatives will receive any monetary compensation now or in the future as the result of the creation or use of any such reproductions. Contractor releases the City Indemnitees from any claims based on the creation or use of any such reproductions, and Contractor agrees to indemnify, defend, and hold harmless the City Indemnitees for any claims, losses, costs, fees, liabilities, damages or injuries that arise out of any claim based on the creation or use of any such reproductions that may be brought by any of Contractor’s employees, subcontractors, volunteers, agents, or representatives.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 499 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 8 October 2021
18. Default and Termination. In the event that Contractor fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five (5) days after receipt by Contractor of City’s written notice of default specifying the nature of the default and the steps necessary to cure the default, City may immediately terminate this Agreement by written notice.
19. Notices. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when personally delivered, or on the fifth business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
All notices, demands, requests or approvals from Contractor to City shall be addressed to City at:
City of Santa Monica
Director, Community & Cultural Services
1685 Main Street, Room 210
Santa Monica, California 90401
with copies to:
Community Classes and Camps Program
Attn: Program Supervisor
1401 Olympic Boulevard
Santa Monica, CA 90404
and:
City Attorney
1685 Main Street, Third Floor
Santa Monica, CA 90401
All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:
Peter Fox
7837 Mason Avenue
Winnetka, CA 91306
Any party hereto may, from time to time by notice in writing served upon the other party, designate a different mailing address or a different person to whom all notices, demands, requests or approvals are thereafter to be addressed.
20. Subcontractors.
20.1 If Contractor proposes to have any subcontractor perform any part of the Services, Contractor must submit a request for approval in writing, describing the scope of work to be performed by the subcontractor, the name of the proposed subcontractor, and the total price or hourly rates used in DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 500 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 9 October 2021
preparing an estimated cost for the subcontractor services. The City, in its sole discretion, may grant or deny the request.
20.2 Contractor will be responsible for the quality of any subcontractor’s work.
Every subcontract or agreement of any kind entered into between Contractor and any subcontractor (or between any subcontractor and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 4929 entered into between the City of Santa Monica and Contractor on^^____________________.
21. Records. Contractor shall maintain complete and accurate records of Services provided and the costs of providing those Services in sufficient detail to permit an evaluation of the Services.
21.1 Such records shall include complete and accurate records with respect to costs, expenses, receipts and other such information required by City for any Services provided where compensation is on the basis of hourly rates, subcontractor costs, or other direct costs.
21.2 All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
All such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment.
21.3 Representatives of City or its designees shall be allowed free access to Contractor’s books and records, and shall have the right to examine, audit and make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. If City’s audit discloses an error of five percent (5%) or more in information reported by Contractor and City’s audit is correct, Contractor shall pay the cost of City’s audit computed on the basis of four (4) times the direct payroll of the audit staff completing the audit and audit report.
22. Governing Law. This Agreement has been made and shall be construed and interpreted in accordance with the laws of the State of California.
23. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements are merged herein. No other verbal agreement, oral or written, or implied covenant shall be held to vary the provisions of this Agreement. With the exception of the Class Schedule Commitment Forms that will be completed for each season or session as provided in Section 2.1 of this Agreement, any modification of this Agreement, including the scope of services and payment amount for services, will be effective only by written execution signed by both City and Contractor.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785 6/27/2022
5.O.h
Packet Pg. 501 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 10 October 2021
24. Venue and Jurisdiction. The City and Contractor agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
26. Prohibition Against Transfers.
26.1 Contractor shall not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without City’s consent shall be null and void, and any assignee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
26.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venture or syndicate member of Contractor if a partnership or joint venture or syndicate exists, which results in changing the control of Contractor, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
27. Waiver. A waiver by either party to this Agreement of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein.
28. Parking. City shall provide parking to Contractor’s employees, subcontractors, volunteers, agents, or representatives on site when conducting official City programming for Community Classes and Camps only. Parking will be restricted to specific City park locations and for the duration of official City programming.
29. Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single agreement. Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 502 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 11 October 2021
agreed that such electronic signature shall have the same force and effect as an original signature).
30. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Schedule of Services and Payments
Exhibit B Class Schedule Commitment Forms
Exhibit C Insurance Requirements
Exhibit D Acknowledgment of Abuse Prevention Standards and Requirements
Exhibit E COVID Vaccination Policy
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
Interim City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785 6/25/2022
City Attorney
DOUGLAS SLOAN
6/26/2022
PeteFoxTennis
Independent Contractor
Peter Fox
David White
6/27/2022
City Manager
Denise Anderson-Warren
6/28/2022
City Clerk
5.O.h
Packet Pg. 503 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 12 Exhibit A
Exhibit A
Schedule of Services and Payments
Contractor: Peter Fox
Classes will be conducted in accordance with the following schedule of services and payments.
Class Name
Base Fee
per Class
Meeting
% of Base Fee
Paid to
Contractor
Minimum
Enrollment
Maximum
Enrollment
Materials
Fee*
Peter Fox
Tennis Class
$21.50 60% 5 8 n/a
Peter Fox
Tennis Camp
$50 60% 6 16 n/a
*Materials Fee Description: n/a
Contractor must complete and sign a Billing Sheet for payments to be issued.
Contractors will be paid a percentage of the base class fee (resident rate, not including administration fees).
The total amount of compensation for Services rendered pursuant to this Agreement shall not exceed $249,000. This total amount will include compensation paid to Contractor for the years that the parties mutually agree to renew this Agreement under the same terms and conditions.
Payments for Contractors teaching classes covering six (6) weeks or longer will be divided as follows: Half the payment will be issued midway through the session/season and the balance will be issued at the end of the session/season. Payment will be issued approximately two (2) weeks after each half is completed.
Payments for Contractors teaching classes covering less than a six (6) week period will be issued at the conclusion of the session/season.
Camp payments will be processed at the conclusion of every two (2) weeks of camp or after one (1) week if two (2) weeks do not occur consecutively. Allow approximately fourteen (14) days for processing.
Class locations, dates and times may vary by session and are confirmed in a Class Schedule Commitment Form each session/season.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 504 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 13 Exhibit B
EXHIBIT B
CLASS SCHEDULE COMMITMENT FORM
(To Be Completed Each Session)
Session/Season: Summer 2022
Contractor: Peter Fox
Classes will be conducted in accordance with the following schedule of dates, times and locations.
Class Day Dates
No
Class
Dates Time Location
Kids/Junior Tennis Classes Mon 6/13-8/8 4-Jul 3:30-4:30 pm Clover 1 Kids/Junior Tennis Classes Mon 6/13-8/8 4-Jul 4:30-5:30 pm Clover 1 Players Clinic Mon 6/13-8/8 4-Jul 6-7:15 pm Marine 1
Strokes/Singles Strategy Mon 6/13-8/8 4-Jul 7:15-8:30 pm Marine 1 Strokes/Singles Strategy Tue 6/14-8/2 845am-10am Marine 1 Kids/Junior Tennis Classes Tue 6/14-8/2 3:30-4:30 pm Clover 1 Kids/Junior Tennis Classes Tue 6/14-8/2 4:30-5:30 pm Clover 1 Players Clinic Tue 6/14-8/2 6-7:15 pm Marine 1
Players Clinic Tue 6/14-8/2 7:15-8:30 pm Marine 1
Players Clinic Wed 6/15-8/3 8:45-10 am Marine 1
Kids/Junior Tennis Classes Wed 6/15-8/3 3:30-4:30 pm Clover 1 Kids/Junior Tennis Classes Wed 6/15-8/3 4:30-5:30 pm Clover 1 Players Clinic Wed 6/15-8/3 6-7:15 pm Marine 1
Players Clinic Wed 6/15-8/3 7:15-8:30 pm Marine 1
Players Clinic Thu 6/16-8/4 845am-10am Marine 1
Kids/Junior Tennis Classes Thu 6/16-8/4 3:30-4:30 pm Clover 1 Kids/Junior Tennis Classes Thu 6/16-8/4 4:30-5:30 pm Clover 1 Live Ball w/Manny Thu 6/16-8/4 6-7:30 pm Marine 1
Live Ball w/Manny Fri 6/17-8/5 6-7:30 pm Marine 1
Strokes/Singles Strategy Sat 6/18-8/6 8:30-9:45 am Clover 1 Players Clinic Sat 6/18-8/6 9:45-11 am Clover 1
Summer Tennis Camp M-F 6/13-6/17 10am-1pm Marine 2 ct
Summer Tennis Camp M-F 6/20-6/24 10am-1pm Marine 2 ct
Summer Tennis Camp M-F 6/27-7/1 10am-1pm Marine 2 ct
Summer Tennis Camp Tu-F 7/5-7/8 10am-1pm Marine 2 ct
Summer Tennis Camp M-F 7/11-7/15 10am-1pm Marine 2 ct
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 505 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 14 Exhibit B
Summer Tennis Camp M-F 7/18-7/22 10am-1pm Marine 2 ct
Summer Tennis Camp M-F 7/25-7/29 10am-1pm Marine 2 ct
Summer Tennis Camp M-F 8/1-8/5 10am-1pm Marine 2 ct
Contractor Signature _____________________________ Date ________________ DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785 6/26/2022
Peter Fox
5.O.h
Packet Pg. 506 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 15 Exhibit C
Exhibit C
Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services hereunder by the Contractor, its employees, subcontractors, agents, representatives and volunteers.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering GCL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence.
2. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
If the Contractor maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as Insurance Services Office Form CG 20 10 11 85. b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 507 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 16 Exhibit C
by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor to purchase coverage with a lower deductible or retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 508 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 17 Exhibit C
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of agreement.
The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach. Alternatively, the City of Santa Monica may purchase such coverage (but has no special obligation to do so), and without further notice to the Contractor, the City may deduct from sums due to the Contractor any premium costs advanced by the City for such insurance.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Contractor does not have employees. The Contractor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 509 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 18 Exhibit D
Exhibit D
Acknowledgment of Abuse Prevention Standards and
Requirements
I have read, understand, and agree to comply with all of the following:
A. Code of Conduct for Providing Services to Youth;
B. Standards for City-Managed Youth Programs; and
C. Standards for Responding to Suspected Abuse or Neglect or Suspicious or Inappropriate Conduct.
In addition, I have completed Child Abuse Mandated Reporter Training using materials designated by the Child Abuse Prevention Committee. I understand that violations of the standards and requirements set forth in these materials may result in termination of my agreement with City.
#VENDOR
By: ___________________________
_____________________________
Name of Contractor
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785 Peter Fox
Independent Contractor
PeteFoxTennis
6/26/2022
5.O.h
Packet Pg. 510 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 19 Exhibit D
A. CODE OF CONDUCT FOR PROVIDING SERVICES TO YOUTH
The Code of Conduct for Providing Services to Youth outlines specific expectations for all staff employees, staff volunteers, and contractors (collectively “Staff”) for any City-managed youth program. Staff are expected to act conscientiously to exemplify the highest ethical standards. While the City encourages the cultivation of positive relationships with youth, Staff must take care that efforts to cultivate such relationships do not place youth or them in vulnerable situations. Accordingly, when working in connection with the City-managed youth program, all Staff must at all times comply with all of the following:
1. Staff understand that the City of Santa Monica has zero tolerance for abuse.
2. Staff will treat youth with dignity and respect.
3. Staff will treat youth fairly regardless of race, color, sex, sexual orientation, gender identity, gender expression, ancestry, national-origin, religion, medical condition, or physical or mental disability.
4. Staff will ensure that youth are adequately supervised in accordance with recommended supervision ratios.
5. Staff will dress appropriately to the occasion, task, and company present.
6. Staff will seek guidance from a program supervisor if they are unsure about anything relating to the conduct of Staff or youth.
7. Staff will not stare at or comment on youth bodies.
8. Staff will not date or engage in physical or romantic relationships with youth.
9. Staff will not use or be under the influence of alcohol or illegal drugs in the presence of youth or at any facility used to provide services to youth.
10. Staff will not have printed or online pornography in the presence of youth or at any facility used to provide services to youth.
11. Staff will not have secrets with youth.
12. Staff will not give to any youth gifts, rewards, or incentives (including food) that are not program related.
13. Unless a program supervisor has agreed that greater confidentiality is absolutely necessary to the service being provided (for example, individual therapy that requires privacy for confidential communications): (a) Staff will not meet individually with youth behind closed doors or in any other setting outside the view of other adults; (b) interactions with youth should occur in view of other adults; (c) if Staff believes there is a need for a private or one-on-one discussion to address something personal or sensitive, Staff should conduct the discussion in a quiet place that can be monitored or seen by another adult Staff; (d) Staff will notify the Staff’s supervisor in advance of the individual meeting and its purpose; and (e) immediately, or as soon as practically possible, after the meeting, Staff will report the meeting to the Staff’s supervisor, identify to the Staff supervisor the other Staff who witnessed the meeting, and provide the Staff supervisor with a full description of what occurred during the meeting. Where a program supervisor has agreed that greater confidentiality is absolutely necessary to the service being provided, Staff will still notify the Staff’s supervisor of the time, place, and duration of the meeting, and, to the extent possible without breaching required confidentiality, the general nature of what occurred during the meeting, including any unusual occurrences.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 511 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 20 Exhibit D
14. Staff will not abuse youth in anyway. In addition, Staff have an obligation to do all they can to prevent abuse of youth by anyone, including other Staff, other adults, or other youth. Abuse includes, but is not limited to, any of the following:
a. Physical abuse: striking, kicking, hitting, spanking, shaking, slapping, biting, hair pulling, choking, throwing, whipping, unnecessary restraints, or other action that injures a child;
b. Verbal abuse: degrading, threatening, cursing;
c. Sexual abuse: inappropriate touching, exposing oneself, sex of any kind, obscene phone calls, text messages, or digital interactions, or other sexual conduct that is harmful to a child’s mental, emotional, or physical welfare;
d. Emotional abuse: shaming, humiliating, isolating, terrorizing, cruelty.
15. Staff will not mistreat or bully youth in any way. In addition, Staff have an obligation to do all they can to prevent mistreatment or bullying of youth by anyone, including other Staff, other adults, or other youth. Bullying is aggressive or threatening behavior that is intentional, repeated, and involves an imbalance of power or strength. Bullying may be based on, but not limited to, actual or perceived race, color, ethnicity, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, intellectual ability, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, or any other distinguishing characteristic, or on a person's association with a person or group with any of the actual or perceived foregoing characteristics. Bullying can take on various forms and includes, but is not limited to, any of the following:
a. Physical bullying involves unwanted physical contact and using physical force to hurt a person’s body or possessions. Physical bullying can include: (i) hitting, punching, pushing, shoving, kicking, tripping, pinching, or restraining another; (ii) spitting on another; (iii) taking, hiding, or breaking another’s things. b. Verbal bullying and bullying using non-verbal gestures involves using words, whether spoken (including in telephone calls) or written (including in texts, emails, or graffiti), or nonverbal gestures, to harm another or convey a threat of harm to another. Verbal bullying can include: (i) teasing; (ii) name-calling; (iii) taunting; (iv) mean, rude, threatening, or vulgar gestures.
c. Social bullying (sometimes also referred to as relational bullying) involves hurting or threatening to hurt someone’s reputation or relationships. Social bullying can include:
(i) social exclusion, that is, excluding someone from social interactions; (ii) friendship manipulation, that is, telling others not to be friends with someone, or only to be friends with certain others; (iii) spreading rumors or gossip about someone; (iv) embarrassing someone in public or in front of a group of friends; (v) hazing a person seeking to join or participate in a group by engaging in or encouraging conduct that humiliates, degrades, abuses, or endangers that person, regardless of that person’s willingness to participate in the conduct.
d. Cyberbullying involves verbal or social bullying that is carried out using any form of electronic communication, including but not limited to email, instant messages, text DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 512 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 21 Exhibit D
messages, or postings (whether on social media, a website, a blog, a chatroom, or in any other way), to communicate text, video, audio, digital pictures, or digital images.
Cyberbullying can include: (i) sending or posting mean, rude, threatening, or vulgar messages or images; (ii) sending or posting threats of harm; (iii) sending or posting sensitive, private information about another person; (iv) .sending or posting harassing messages or images; (v) encouraging others to exclude someone from an online group; (vi) breaking into another’s electronic account and assuming that person’s identity in sending or posting information to damage that person’s reputation or harm other individuals.
e. Sexualized bullying involves engaging in any of the other types of bullying using behaviors that are sexual in nature. Sexualized bullying can include: (i) sexting; (ii) , exposing or threatening or demanding the exposure of, private body parts; (iii) inappropriate sexual comments, gestures, or innuendo.
16. Staff will adhere to the City’s standards for youth programs regarding all of the following:
a) appropriate and inappropriate physical interactions with youth; b) appropriate and inappropriate verbal interactions with youth; and, c) appropriate and inappropriate electronic communications with youth.
17. All staff employees whose duties require direct contact with and supervision of children must understand that under California law (Penal Code § 11165.7(a)(8)) they are mandated reporters and, as a result, each must, as soon as is practicably possible, make a report to the Department of Children and Family Services (“DCFS”) or the Santa Monica Police Department (“SMPD”), whenever he or she, within the scope of his or her employment, has knowledge of or observes a child whom he or she knows or reasonably suspects has been the victim of child abuse or neglect. To comply with this obligation, staff employees must
a) be familiar with the symptoms of child abuse and neglect; b) know and follow City policies and procedures intended to protect children against abuse and neglect; and
c) report suspected child abuse or neglect to DCFS or SMPD as required by state mandated reporter laws, including an initial report by telephone as soon as is practically possible, with a follow-up written report within 36 hours.
18. Separate and apart from staff employees’ obligations as mandated reporters under California law, all Staff will immediately report any concerns or complaints about abuse, neglect, bullying, or any conduct in violation of City standards regarding physical interactions, verbal interactions, or electronic communications with youth, by other Staff, other adults, or other youth, to their immediate supervisor (or if the concerns relate to that supervisor, to the program manager, program administrator, division manager, and/or department leadership) and/or the City’s anonymous ethics hotline at [email protected] or 844-4-SMETHIC.
19. The City cooperates fully with law enforcement authorities to investigate all cases of alleged abuse or neglect. All Staff must fully cooperate in any external investigation by outside authorities or internal investigation conducted by the City or persons given investigative authority by the City.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 513 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 22 Exhibit D
Exhibit C
B. STANDARDS FOR CITY-MANAGED YOUTH
PROGRAMS
The following standards apply to all staff employees, volunteers, and contractors (collectively “Staff”) for any City-managed youth program. Staff are expected to act conscientiously to exemplify the highest ethical standards. While the City encourages the cultivation of positive relationships with youth, Staff must take care that efforts to cultivate such relationships do not place youth or them in vulnerable situations.
Accordingly, when working with youth, all Staff must at all times comply with all of the following standards.
I. Interactions with Youth
A. Physical Interactions
The City’s physical interaction standards are intended to promote a positive, nurturing environment while protecting youth and Staff. The City permits the physical interactions listed as appropriate below,but only when appropriate to a situation occurring within the program’s scope. The City prohibits physical interactions of the type set forth as inappropriate below. Any inappropriate physical interactions by Staff with youth will result in disciplinary action, up to and including termination of employment.
The City’s standards for appropriate and inappropriate physical interactions are:
Appropriate Physical Interactions Inappropriate Physical Interactions • Side hugs
• Shoulder-to-shoulder or “temple” hugs
• Brief pats on the shoulder or back
• Handshakes
• High-fives and hand slapping
• Briefly touching hands, shoulders, and
arms
• Briefly placing arms around shoulders
• Holding hands with young children in an
escorting situation
• Physical contact necessary for providing
valid medical assistance or for providing
needed assistance to special needs youth
• Physical intervention necessary to
separate youth involved in a physical
altercation
• Full-frontal hugs
• Kisses
• Lap sitting
• Wrestling
• Piggyback rides
• Tickling
• Touching bottom, chest, or genital areas
• Touching, grooming, or playing with hair
• Any type of massage
• Allowing a youth to cling to a Staff
member’s leg
• Any physical act of affection that is
unwanted by the youth
• Any physical act of affection that occurs
in an isolated area
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 514 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 23 Exhibit D
B. Verbal Interactions
The City’s verbal interaction standards prohibit Staff from all of the following: (a) speaking to youth in a way that is, or could be construed by any observer to be, harsh, coercive, threatening, intimidating,shaming, derogatory, demeaning, or humiliating; (b) speaking to youth in a way that is, or could be construed by any observer, as demonstrating any bias or discriminatory intent based on race, color, sex,sexual orientation, gender identity, gender expression, ancestry, national-origin, religion, medical condition, or physical or mental disability; (c) initiating any sexually oriented conversation with youth;and (d) discussing their own sexual activities with youth.
The City’s standards for appropriate and inappropriate verbal interactions are:
Appropriate Verbal Interactions Inappropriate Verbal Interactions • Instruction and guidance
• Positive reinforcement
• Encouragement
• Praise
• Appropriate critiques where necessary to
the program (e.g., “your hand was in the
wrong position” when giving a swim
lesson), provided in a non-derogatory
fashion
• Appropriate jokes
• Initiating sexually oriented conversations
• Discussing staff or volunteer sexual
encounters
• In any way involving youth in the personal
problems or issues of staff and volunteers
• Off-color or sexual jokes
• Remarks demonstrating any bias or
discriminatory intent based on race, color,
sex, sexual orientation, gender identity,
gender expression, ancestry, nationalorigin, religion, medical condition, or physical or mental disability
• Secrets
• Name calling
• Cursing
• Remarks that are harsh, coercive,
threatening, intimidating, demeaning, or
humiliating
• Belittling
• Derogatory remarks about any youth or
his/her family or friends
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 515 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 24 Exhibit D
C. One-on-One Interactions (including tutoring/private coaching) Most abuse occurs when an adult is alone with a youth in a non-public setting. The City aims to eliminate or reduce these situations and prohibits Staff from engaging in private one-on-one interactions with youth unless approved in advance by the program supervisor. This includes scheduled tutoring and/or private coaching sessions, whether occurring during or outside regular program hours, which must comply with all of the following:
a. Staff must have program supervisor approval for any tutoring or private coaching sessions; b. tutoring and private coaching sessions must be scheduled through the program, not independently, and must occur at a program-approved location; c. program supervisors must keep a schedule of private tutoring and coaching sessions, whichshould include times, youth involved, and location of the sessions.
In those situations where private one-on-one interactions (including tutoring and/or private coaching sessions) are approved in advance, Staff should observe the following additional guidelines when engaging in the approved interactions:
Additional Guidelines for Approved Private One-on-One Interactions • Unless the program supervisor has agreed that greater confidentiality is absolutely necessary to the service being provided (for example, individual therapy that requires privacy for confidential communications):
• Meet in a public place where you are in full view of others (e.g., a visible section of a library or gymnasium) or, if meeting in a room or office, leave the door open and ensure that you can be easily observed by individuals in the adjoining public area. • Before the meeting, inform other adult Staff that you will be alone with a youth and ask them to randomly drop in and, after the meeting, inform the other adult Staff that the meeting has been completed.
• If the program supervisor has agreed that greater confidentiality is absolute necessary to the service being provided (for example, individual therapy that requires privacy for confidential communications), before the meeting, inform other adult Staff that you will be alone with a youth and after the meeting inform the other adult Staff that the meeting has been completed.
• Avoid any physical acts of affection that might be misinterpreted. Limit any physical acts of affection to brief pats on the shoulder, high-fives, and handshakes. • At the conclusion of the meeting, immediately: (a) notify the program supervisor that the meeting has concluded; (b) report to the program supervisor and document any unusual occurrences during the meeting, including, but not limited to: any disclosures by the youth of any instances of abuse or maltreatment; any behavior problems and how they were handled; any injuries and how they were addressed; and any interactions that might be misinterpreted as inappropriate.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 516 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 25 Exhibit D
D. Off-site Contact
Many cases of abuse occur off-site and outside of regularly scheduled activities. To avoid this risk, the City prohibits Staff interactions with youth outside of regularly scheduled program activities unless the interaction is of an appropriate type and is approved in advance by the program supervisor. City standardsfor appropriate off-site contacts (which may occur with advance program supervisor approval and parental approval) and inappropriate off-site contacts (which are absolutely prohibited and cannot be approved by program supervisors, regardless of whether parents approve or not) are as follows:
Appropriate Outside Contact Inappropriate Outside Contact • Taking groups of youth on a programrelated outing (parental approval and a minimum of two Staff or the number of
Staff required to satisfy the program
standard Staff/youth ratio, whichever is
greater, with at least one staff employee,
are required)
• Attending program-related sporting
activities with groups of youth (parental
approval and a minimum of two Staff or
the number of Staff required to satisfy the
program standard Staff/youth ratio,
whichever is greater, with at least one staff
employee, are required)
• Visiting a youth at the youth’s home for
program-related reasons, with the parents
present at all times
• Taking one youth on an outing
• Visiting a youth, whether in the youth’s
home or elsewhere, without a parent or
approved adult guardian present
• Hosting one or more youth in the home of
Staff
• One or more youth spending the night with
Staff
• Transporting youth in a personal vehicle
(except in a true emergency situation with
prior notice to the program supervisor
wherever practical and, if not practical,
notice to the program supervisor as soon as
practical)
E. Electronic Communications and Use of Electronic
CommunicationDevices
Any private electronic communication between Staff and youth, including private communications through social media (e.g., Facebook, Instagram, Snapchat) is prohibited. All electroniccommunication between Staff and youth must be publicly viewable (i.e., accessible to program supervisors and the youth’s parents) and/or copied to a program supervisor and/or the youth’s parents.In addition, all electronic communications between Staff and youth must comply with the guidelines for verbal interactions set forth in section B above.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 517 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 26 Exhibit D
The following are examples of appropriate and inappropriate electronic communication:
Appropriate Electronic Communication Inappropriate Electronic Communication
• Sending and replying to emails and text
messagesfrom youth ONLY whencopying
a program supervisor and/or the youth’s
parents
• Communicating through “organization
group pages” on Facebook or other
approved public forums
• Posting harsh, coercive, threatening,
intimidating, shaming, derogatory,
demeaning or humiliating comments on
social media sites
• Posting sexually oriented comments on
social media sites
• Private emails or text messages
between Staff and youth (whether using
Staff’s personal email or phone or a
City-issued email or phone)
• Posting pictures of program
participants on any non-program social
media sites
• “Friending” or messaging youth on
social media sites, through online
gaming sites, or through other online
mechanisms
• Providing youth with a personal email
address, personal phone number, or
other personal contact information
• Calling youth at home or on their cell
phone, except for program related
purposes
Use of electronic communication devices (whether personal or provided by the City) to engage in any inappropriate electronic communication with a program youth shall be grounds for discipline up to and including termination of employment.
F. Gift Giving
Molesters routinely groom youth by giving gifts, thereby endearing themselves to the youth, and instruct the youth to keep the gifts a secret, thereby teaching the youth to keep secrets from the youth’s parents. For these reasons, Staff are prohibited from giving gifts (including gifts of food) to any youth.
This prohibition applies even if Staff believe the items they are giving to a youth are needed by that youth. Thus, for example, even if Staff believes a youth needs shoes, clothing, or food, Staff may not personally provide the youth with shoes, clothing, or food. Any gifts to youth must be approved by and come from the program, not individual Staff.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 518 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 27 Exhibit D
II. Monitoring and Supervision
When Staff are adequately supervised, potential offenders are less likely to act on their impulses because they face detection. When youth are adequately supervised, they too are less likely to engage in inappropriate interactions with others. Similarly, the physical plant must be monitored, particularly out-of-the-way locations or locations that might permit an offender undue access to or privacy with a youth. Set out below are standards for programs to follow to ensure adequate monitoring and supervision.
A. Facility Monitoring
Building architecture can increase or mitigate the risk of an incident or accident. Because most incidents of abuse occur in private, to the extent privacy is managed, risk is managed. To ensure that all of the locations are properly and consistently monitored, the City’s Child Protection Officer (or designee as approved by the Child Protection Committee) shall conduct regular reviews of all locations used by the program.
B. General Supervision
Programs must put in place general supervision procedures that comport with the following:
Supervisor Visits to Youth Programs: Supervisors will regularly (not less than quarterly) visit all youth programs to ensure that all activities are well- managed and that youth policies are observed by all in attendance.
Check-In/Roll Call Procedures: Each program must put in place procedures (which will be sitespecific) to monitor and document who has access to youth while the program is providing services to youth. For some programs, this may require a facility check-in sheet at or near the facility’s entrance.
For other programs, this may require a program instructor to maintain a roll-call of participants with spaces for volunteers and others assisting with the program to sign in. Each program will need to consider how best to control and limit access to youth during program participation and how best to monitor and document those having such access.
Staff-to-Youth Ratios- Each program will establish and follow requirements for Staff-to-youth ratios that are appropriate to the goals of the program and the design of the program area and that comply with any local licensing requirements and best practice guidelines for the particular type of program.
The Staff-to-youth ratio should be adjusted (in accordance with any local licensing requirements and best practice guidelines) for programs that serve youth with special needs.
Mixed Age Groups- In most incidents involving one youth abusing another youth, the youth are from different age groups. Each program is responsible for establishing specific guidelines for additional monitoring and supervision of activities that involve youth from different age groups. Staff must be made aware that close line of sight supervision is required when monitoring programs that mix age groups.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 519 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 28 Exhibit D
C. Monitoring Youth in Program Facilities
Programs must implement practices for monitoring program youth that comply with all of the following:
1. A parent or legal guardian must complete a participant application which includes identifyinginformation, the youth’s date of birth, and emergency contact information.
2. Programs should establish procedures (e.g., sign-in/sign-out sheets, instructor roll calls) sufficient to ensure that: (a) for all times youth are under direct supervision (see below), the theprogram has a record of the youth who are participating in the activity that is subject to direct supervision; and (b) for all times youth are using authorized areas within a facility under indirect supervision (see below), the program has a record of the youth who are using the authorized areas within the facility.
3. Programs must establish procedures to ensure that, while in the program facility, youth are supervised, either directly or indirectly.
a. Direct supervision: The program may offer structured, scheduled activities like basketballtournaments, swimming classes, arts and crafts activities, etc. These activities should haveone or more Staff assigned to lead and supervise, in accordance with the program’s Staff-to-youth ratio requirements. b. Indirect supervision: The program may designate certain facility areas as authorized areas.For example, authorized areas could include a gymnasium, a game area, a playground area,or a classroom for doing homework. Authorized areas must be easily visible and routinelyand systematically checked by Staff. Youth should know that they will be supervised by Staff at all times, and all Staff should know which areas are authorized for indirect supervision. Programs must implement indirect supervision standards for all authorized areas that include at least the following: (i) how frequently and for how long authorized areas will be monitored by Staff; (ii) specific assignments of Staff to have supervision responsibilities over the authorized areas; and (iii) documentation of the scheduled periodicmonitoring of these areas. c. Programs must ensure that Staff are on notice of the need for close line of sight supervisionof any group that includes youth below the age of 12, or 7th grade.
4. Programs must establish procedures for monitoring high risk areas (e.g., bathrooms, locker rooms, unused rooms, and other high risk areas identified by the periodic program site locationreview) that include at least: (a) designation of specific Staff to supervise these areas; (b) scheduled periodic monitoring of these areas; and (c) requirements for Staff to contemporaneously record when and for how long they monitor these areas.
5. Programs must require all program Staff to wear nametags or other identifying clothing so thatyouth can easily recognize them as Staff. Where possible, nametags or other identifying clothing should enable easy differentiation among staff employees, staff volunteers, and contractors.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 520 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 29 Exhibit D
6. Programs must train all Staff:
a. to greet youth that enter the facility; to direct youth to structured activities or authorized areas; and, to redirect youth who are not in an authorized area or who are not participatingin a structured activity;
b. to be aware of the risks involved with mixing age groups and how to monitor activities involving mixed age groups;
c. to routinely monitor high risk areas even if not specifically designated to do so.
D. Monitoring High Risk Activities
1. Bathrooms
Many incidents of youth-to-youth abuse occur in bathrooms. Programs must establish proceduresfor monitoring bathroom activities that comply with the following:
a. For “Group Bathroom Breaks”:
• Require Staff to take groups of two or more youth to the bathroom. • An adult Staff member should enter and check the bathroom before youth are allowedto enter. • If the bathroom only has one stall, only one youth should enter the restroom while theothers wait outside with Staff.
• If there are multiple stalls, only send in as many youth as there are stalls. • Minimize youth of different ages using the bathroom at the same time. • Require Staff to stand outside the bathroom door but remain within earshot with thedoor ajar.
b. For single use restrooms:
• Require youth to ask permission to use the bathroom.
• Require all Staff to frequently check bathrooms.
c. To the extent practical, prohibit Staff from using the bathroom at the same time as youth. If this cannot be done due to facility limitations, ensure that bathroom doors remain open while Staff use a stall.
If presence in a stall with a youth is required (e.g., to assist a youth with a disability), Staffmust keep the door to the stall open with another Staff in sight.
2. Locker Rooms
Programs must establish locker room procedures that comply with the following:
a. Staff must stand within earshot of the locker room when in use by youth.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 521 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 30 Exhibit D
a. Staff must intermittently and briefly check inside the locker room so youth know the lockerroom is monitored.
b. Discourage the use of locker rooms by youth of different ages at the same time; if youth ofdifferent ages must use the locker room at the same time, increase the frequency of checksinside the locker room.
c. Prohibit the use of locker room horseplay such as towel snapping. d. When possible, arrange lockers to minimize unnecessary privacy. e. When possible, require Staff and youth to use the locker room at different times.
3. Showers
Programs must establish procedures for showers that comply with the following:
a. Staff and youth must shower at different times. Shower schedules should be created to permit supervision of youth while Staff shower.
b. While youth shower, at least one Staff should stand in the bathroom doorway and within earshot of the youth.
c. Ensure that only one youth isin each shower. Where possible, programsshould use showercurtains that do not go all the way to the floor, so that Staff can easily see how many youthare in each shower stall.
4. Transition Times and Free Times
Transition times and free times pose a high risk for incidents because during these times, Staff maynot be assigned a particular group of youth to supervise. To decrease the risk of incidents, programsmust establish procedures for transition times and free times that comply with the following:
a. Require youth to remain in line-of-site of Staff at all times. b. Specify Staff-to-youth ratio for these times.
c. Define authorized areas for use during these times.
d. Ensure that Staff are assigned specific zones within the authorized areas to supervise. e. Ensure that bathroom procedures continue to be followed during these times. f. Require supervisors to conduct periodic check-ins and sweeps of the entire activity area, including both authorized and non-authorized areas.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 522 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 31 Exhibit D
5. Playground Activities
Programs must establish procedures for playground activities that comply with the following:
a. Require youth to remain in line-of-site of Staff at all times. b. Specify Staff-to-youth ratios for these activities.
c. Define specific narrow boundaries around the playground area to define the authorized areafor use.
d. Provide Staff with specific instructions on how to monitor barriers to supervision (such asstorage sheds, playhouses, tunnels, and shrubs). e. Ensure that Staff are assigned specific zones within the authorized area to supervise. f. Ensure that bathroom procedures continue to be followed during playground activities. g. Require supervisors to conduct periodic check-ins and sweeps of the entire playground area, including both authorized and non-authorized areas.
6. Transportation Activities
Programs must establish procedures for transportation activities that comply with the following:
a. Require written parent permission forms and medical releases from all youth on the trip. Staff must take these permission forms and medical releases with them on the trip.
b. Require Staff to have a list of youth on the trip. Require Staff to take roll when boarding the bus/other transport, when leaving the bus/other transport, and periodically throughout the trip.
c. Specify Staff-to-youth ratios. When possible, do not count the driver in the supervision ratio.
d. Require Staff to sit separately and in seats that provide sight lines throughout the bus/othertransport and permit maximum supervision.
e. Prohibit drivers from making unauthorized stops.
f. Require Staff to document the beginning and ending time of the trip and the mileage, namesof youth being transported, and destination.
g. Require written documentation of any unusual occurrences during transportation.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 523 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 32 Exhibit D
When public transportation is used, in addition to the procedures listed above, procedures shouldcomply with the following:
a. Require youth to remain in one area of the bus/other public transport, if possible. b. Require Staff assigned to a group to remain with that group on the bus/other public transport in a position where all youth in the group can be observed. c. Require Staff to take a head count or call roll immediately after entering and leaving the bus/other public transport.
d. Staff should never transport youth in non-organization vehicles except in an emergency situation. If such transport occurs: (a) the youth must be transported directly to the emergency destination without any unauthorized stops; (b) Staff must immediately notify administratorsin writing, identifying the youth transported, the beginning and ending timesof transport, the mileage, the emergency that necessitated the transport, and any unusual events that occurred during the transport.
7. Off-Site Activities
Programs must establish procedures for off-site activities that comply with the following:
a. Staff must obtain written supervisor approval for all off-site activities. b. Staff must obtain written parental approval for all off-site activities. c. Staff-to-youth ratios must be appropriate to off-site activities (these may vary depending on the particular off-site activity).
d. Staff and youth must be easily identifiable to each other while engaged in the offsite activity. e. Include specific bathroom and locker room procedures as applicable to the off-site activity. f. Require strict compliance with transportation activity requirements above while traveling to and from the off-site activity and while engaged in the off-site activity. g. A supervisor must observe the off-site activities at scheduled times and random intervals. h. Require adoption of additional procedures as appropriate to a particular location and type of activity (for example, Amusement parks, Water Parks, Arcades), and ensure that Staff are advised of any additional procedures. Such procedures may include, but are not limitedto, assigned groups, scheduled itineraries, continuous roll calls or head counts, and group bathroom breaks.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 524 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 33 Exhibit D
8. Overnight Activities
Overnight stays present unique risks to youth and Staff because they often involve changing clothes, groups of both genders and different ages in a more intimate atmosphere than usual, moreunstructured activities, and increased supervision demands for Staff.
Programs must establish procedures for overnight activities that comply with the following:Supervision Guidelines:
a. All overnight activities must be documented and approved in writing by the program manager, program administrator, or division manager. b. The program manager, program administrator, or division manager must regularly and randomly observe overnight activities on a scheduled and periodic basis. c. The program manager or program administrator must appoint a “lead” Staff to supervise the overnight.
d. The program manager or program administrator and lead Staff must determine the appropriate Staff-to-youth ratios before the overnight activity and schedule Staff accordingly.
e. The lead Staff must conduct a pre-trip meeting with all Staff assigned to the trip to discussand review the unique risks of overnight trips, unique elements of the specific overnight trip, and specific policies and procedures that govern overnight trips.
f. Provide parents with written information about the overnight activity and the name and contact information for the lead Staff. Require all parents to sign a permission slip for theirchildren to attend the overnight. Lead Staff should consider conducting a pre-trip meetingwith parents as well.
Overnights at the Program Facility:
a. Physical boundaries within the program facility, including authorized and unauthorized areas, must be clearly defined and explained to the youth. b. At least two Staff must be present throughout the overnight stay. Assign each Staff to a specific group of youth to supervise. Each Staff must maintain a roll sheet that lists all ofthe youth in his or her group and must conduct head counts and roll checks routinely throughout the evening.
c. Assign Staff to high risk areas within the program facility, such asthe bathrooms, entrancesand exits, and hallways. If it is not possible to assign specific Staff to these areas, assign specific Staff to conduct periodic facility “walk-throughs” that include DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 525 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 34 Exhibit D
these areas.
d. With regard to sleeping arrangements, separate male and female youth into separate roomsand post Staff at the entrances and exits to these rooms. If this is not feasible, separate male and female youth by as much space as possible. e. Require Staff to perform periodic random room checks. When performing room checks, Staff should always go in pairs.
f. All Staff are to be on duty at night until an hour after lights out and all youth are quiet.
Overnights Away from the Facility:
a. Overnight stays at private homes are prohibited unless approved in advance in writing by the program manager and program administrator. b. Physical boundaries at the off-site location, including authorized and unauthorized areas, must be clearly defined and explained to the youth. c. At least two Staff must be present throughout the overnight stay. Assign each Staff to a specific group of youth to supervise. Each Staff must maintain a roll sheet that lists all ofthe youth in his or her group and must conduct head counts and roll checks routinely throughout the evening.
d. Assign Staff to high risk areas within the off-site location, such as the bathrooms, entrancesand exits, and hallways. If it is not possible to assign specific Staff to these areas, assign specific Staff to conduct periodic facility “walk-throughs” that include these areas.
e. With regard to sleeping arrangements, separate male and female youth into separate roomsand post Staff at the entrances and exits to these rooms. If this is not feasible, separate male and female youth by as much space as possible. o If in a cabin type setting, Staff should be placed in bunks to maximize supervisionaround the cabin, provide sight lines to all exits, and decrease the chances of youthsneaking out.
o In hotels/motels, assign youth to rooms based on sex and age. Staff should have their own rooms. If Staff must share rooms with youth, Staff must have their ownbeds and never change in front of youth.
f. Require Staff to perform periodic random room checks. When performing room checks, Staff should always go in pairs.
g. All Staff are to be on duty at night until an hour after lights out and all youth/rooms are quiet.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 526 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 35 Exhibit D
9. Teen Leadership Program/Counselors in Training Program Staff must understand that older youth who participate in teen leadership programs are still youth and not Staff. Even though they are often given more responsibility, teens in the leadership programs must be provided with guidelines regarding appropriate behavior, and then supervised accordingly.
Programs must establish procedures for teen leadership programs that comply with the following:
a. Create a screening process for teen leaders that includes • A standard application
• An interview
• References (from teachers, counselors, family friends, etc.) b. Train teen leaders in their roles in programs and on program policies about appropriate and inappropriate interactions. This training should include the following information:
• Appropriate and inappropriate physical and verbal interactions. • The importance of maintaining behavioral boundaries between teen leaders andyounger youth and between teen leaders and Staff.
• Prohibiting teen leaders from being one-on-one with youth. • Prohibiting teen leaders from escorting youth to the bathrooms. • Prohibiting teen leaders from assisting youth with changing their clothes. c. Create a system to monitor the teen leaders.
• Designate specific Staff to be in charge of the teen leadership program and itsparticipants. • Require teen leaders to wear clothing or lanyards that identify them as leaders-in- training and differentiate them from both Staff and other program youth. • Require a supervisor to conduct regular periodic check-ins with teen leaders and theirStaff supervisors.
• Require teen leaders to keep a log documenting their program activities and any problems they encounter. The Staff supervisor should review these logs on a regular periodic basis.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 527 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 36 Exhibit D
Exhibit C
C. STANDARDS FOR RESPONDING TO SUSPECTED ABUSE OR NEGLECT OR
SUSPICIOUS OR INAPPROPRIATE CONDUCT
The following standards apply to all staff employees, staff volunteers, and contractors (collectively “Staff”)for any City-managed youth program. All Staff are expected to act conscientiously to exemplify the highestethical standards. Accordingly, all Staff must at all times comply with all of the following standards for responding to suspected abuse or neglect or suspicious or inappropriate conduct.
A. Responding to Suspected Child Abuse or Neglect
1. California’s Mandatory Reporting Requirements for Suspected Abuse or Neglect California law defines mandated reporters to include any “employee of a public or private organization whose duties require direct contact and supervision of children.” California Penal Code 1165.7(a)(8). California law requires such employees to make a report to a county welfare department, here the Department of Children and Family Services (“DCFS”) or a local police department, here the Santa MonicaPolice Department (“SMPD”), whenever the mandated reporter “within the scope of his or her employment,has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has beenthe victim of child abuse or neglect.” California Penal Code 11166(a), 11165.9. The initial report must be made immediately, or assoon as is practicably possible, by telephone, and a written report must be preparedand electronically transmitted to DCFS or SMPD within 36 hours. California Penal Code 11166(a). DCFSand SMPD have obligations to cross-report to each other. California Penal Code 11166(j), (k).
Volunteers of public or private organizations whose duties require direct contact with and supervision of children generally are not mandated reporters, but are “encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known orsuspected instancesof child abuse or neglect” just as employees are required to do by law.
California Penal Code 11165.7(b).
As a matter of policy, the City will provide all Staff with training regarding the mandated reporting dutiesimposed by California law, and will expect all Staff to make reports of suspected child abuse or neglect inaccordance with the requirements imposed by California law on mandated reporters.
For purposes of mandatory reporting requirements, California Penal Code 11165.6 defines “child abuse orneglect” to include “physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 111165.1, neglect as defined in Section 111165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4.”
Section 11165.1 defines sexual abuse as including, but not limited to, all of the following:
penetration, however slight, of the vagina or anal opening of one person by the penis of another person; sexual contactbetween the genitals or anal opening of one person and the mouth or tongue of another person; intrusion byone person into the genitals or anal opening of another person, including the use of an object for this purpose(with an exception for acts performed for a valid medical purpose); 0intentional touching of the genitals orintimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing coveringthem, of a child, or of the DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 528 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 37 Exhibit D
perpetrator by a child, for purposes of sexual arousal or gratification; intentionalmasturbation of the perpetrator’s genitals in the presence of a child; depicting a child in, or accessing through any electronic or digital media, any image in which a child is engaged in an act of obscene sexual conduct; sexual trafficking of a child; and the provision of food, shelter, or payment to a child in exchangefor the performance of any sexual act described above.
Section 111165.2 defines neglect to mean “the negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s health or welfare” including “both acts and omissions on the part of the responsible person.” It includes both the intentional and negligent failure by a person having care or custody of a child to “provideadequate food, clothing, shelter, medical care, or supervision,” whether or not any physical injury to the child has occurred.
Section 11165.3 defines the willful harming or injuring of a child or the endangering of the person or healthof a child to mean “a situation in which any person willfully causes or permits any child to suffer, or inflictsthereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfullycauses or permits the person or health of the child to be placed in a situation in which his or her health is endangered.” Willful harming can occur without actual physical injury.
Section 11165.4 defines unlawful corporal punishment or injury to mean “a situation where any person willfully inflicts upon any child any cruel orinhuman corporal punishment orinjury resulting in a traumaticcondition.”
If Staff have a question whether conduct observed or alleged rises to the level of child abuse or neglect asdefined by these statutes, they should report the conduct to and consult with a supervisor, program manager, program administrator, or division manager. If after this consultation Staff still have a questionwhether conduct observed or alleged rises to the level of child abuse or neglect as defined by these statutes, Staff should report the conduct to DCFS for further guidance. Supervisors are prohibited by lawfrom impeding Staff from reporting to DCFS.
California Penal Code 11166(i). Supervisors also may notdirect Staff to allow the supervisor to report to DCFS instead of Staff. Id.
2. Staff Response to Suspected Abuse or Neglect:
As required by mandated reporting laws and City policy, all Staff must immediately (or as soon as practically possible) report any suspected abuse or neglect of a youth—whether on or off organization property or whether perpetrated by Staff or others—to DCFS or SMPD. If the situation is urgent or there isan immediate safety threat, Staff should call SMPD. A person who mistakenly reports suspected abuse or neglect is immune from civil or criminal liability unless it can be proven that the reporter knew the report was false or that the report was made with reckless disregard for its truth or falsity. California Penal Code11172.
For Los Angeles County, a report to DCFS may be made by phone at 800-540-4000; the required follow- up written report to DCFS should be made online using the Suspected Child Abuse Report (SCAR) Form (Cal DOJ Form BCIA 8572) at https://mandreptla.org/cars.web/. A sample of the form is attached to theseStandards as Attachment 1. Staff may wish to complete the form before making the required phone reportso that all information is available during the call.
In addition to reporting to DCFS or SMPD, Staff are required to report any suspected or known abuse or neglect of youth, whether perpetrated by Staff or others, directly to a program supervisor so that immediateand proper steps may be taken to ensure the safety of alleged victims and others who may be at risk. Reportsof suspected or known abuse or neglect may be made confidentially to DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 529 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 38 Exhibit D
the following:
a. Immediate supervisor
b. Program Manager and/or Program Administrator
c. Division Manager
Additional Guidelines for Staff Response to Suspected Abuse or Neglect
• If you witness abuse or neglect, interrupt the behavior immediately. • If abuse or neglect is disclosed to you, assure the individual disclosing that he or she was correct to tell you.
• Protect the alleged victim from intimidation, retribution, or further abuse. • Immediately, or as soon as practicably possible, report the allegation or incident to DCFS or SMPD by phone and to your program supervisor. Be sure to get a case number and the name and contact information of the DCFS or SMPD representative with whom you speak.
• Be sure to document the incident, disclosure, or any circumstances causing your suspicion of abuse or neglect. State only the facts. • It is not your job to investigate the incident but it IS your job to report the incident to your supervisor, program manager, program administrator, or division manager in a timely manner.
• Check back to make sure appropriate steps were taken. If not, report again to your supervisor, program manager, program administrator, or division manager.
3. Supervisor and Department Response to Suspected Abuse or Neglect:
If a supervisor, program manager, program administrator, or division manager receives a report of abuse orneglect, they must do the following:
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 530 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 39 Exhibit D
Guidelines for Supervisor and Department Response to Suspected Abuse or Neglect
• First, determine if the youth is still in danger and if so, take immediate steps to prevent any further harm.
• Report to the next level of management and determine the appropriate level of management (supervisor, program manager, program administrator, or division manager) to respond to the report. • Gather as much information about the allegation as you can. For example, who made the report, who was allegedly abused, who was the alleged abuser, what was the nature of the alleged abuse, where and when did the alleged abuse occur, etc.
• Accurately record everything you learn in as much detail as you can.
Remember your notes may be read by others. Stick to the facts. • Make sure that a report was made to DCFS or SMPD, and, if not, contact DCFS or SMPD, which are the agencies to which mandatory reports must be directed. Make sure you get a case number and the name and contact information of the SMPD Officer with whom you speak.
• If the alleged abuse or neglect involves Staff, review the file of the Staff who has been reported to determine if similar complaints were reported.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 531 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 40 Exhibit D
4. City Response (Child Protection Officer and Child Protection Committee):
Guidelines for Organizational Response
• Review the need for increased supervision.
• Review the need for revised policies or procedures.
• Review the need for additional training.
• Review the need for discipline up to and including termination in accordance with the City’s progressive disciplinary process. • Advise the Department that reported the issue of any additional actions that should be taken.
B. Responding to Suspicious or Inappropriate Conduct
Because the City is dedicated to maintaining zero tolerance for abuse, it is imperative that all Staff activelyparticipate in the protection of youth. If Staff observe any suspicious or inappropriate conduct or violationsof standards on the part of other Staff, it is their personal responsibility to immediately report their observations.
Examples of Suspicious or Inappropriate Conduct Between Staff and Youth
• Violation of the abuse prevention standards described in the City’s Standards for City-Managed Youth Programs
• Seeking private time or one-on-one time with youth
• Buying gifts for individual youth
• Making suggestive comments to youth
• Picking favorites among youth
• Work with your program administrator, division manager, or department leadership and the City’s Human Resources Department to determine whataction with respect to the accused Staff should be taken while the investigation is completed.
• Advise the person who reported the behavior that the report is being takenseriously.
• Ensure that department leadership is advised of the allegation or incident and the steps taken in response.
• Department leadership shall ensure that a summary of the report and the actions taken in response to the report is provided to the Child Protection Officer for review by the Child Protection Officer and the Child ProtectionCommittee. A form for this purpose is attached to these standards as Attachment 2.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 532 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 41 Exhibit D
All reports of suspicious or inappropriate conduct with youth will be taken seriously. City procedures willbe carefully followed to ensure that the rights of all those involved are protected.
The reporting procedures below apply whether or not the conduct observed risesto the level of child abuseor neglect, as defined by California’s mandatory reporting statutes. What constitutes child abuse or neglectfor purposes of triggering mandatory reporting requirements under California’s mandatory reporting statutes is discussed in Section A above, which lays out the additional mandatory reporting requirements (including an immediate report to DCFS or SMPD) when Staff become aware of conduct they suspect risesto the level of child abuse or neglect (as defined by statute).
Reporting conduct that does not rise to the level of suspected child abuse or neglect:
1. Staff Response:
If Staff observes suspicious or inappropriate conduct or violations of standards by another Staff or by non-Staff, or receives a report of such behavior from either Staff or non-Staff, Staff must do the following:
Guidelines for Staff Response to Suspicious or Inappropriate Conduct or Standards Violations
• Interrupt the behavior immediately.
• Report the behavior to their supervisor, the program manager, program administrator, division manager, or department leadership. • If the report is about a supervisor, make the report to the program manager or higher level of management. If the report is about a program manager, make the report to the program administrator or higher level of management. In general, the report should be made a level of management above that of the individual to whom the report pertains. • Document the report but do not conduct an investigation. • Keep reporting until the appropriate action is taken. • Communicating privately with youth on social media or through email orphone (whether using Staff’s personal email or phone or a City-issued email or phone)
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 533 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 42 Exhibit D
2. Supervisor and Department Response:
If a supervisor, program manager, program administrator, or division manager receives a report ofsuspicious or inappropriate behavior or violations of standards, they must do the following:
Guidelines for Supervisor and Department Response to Suspicious or Inappropriate Conduct or Standards Violations
• Report to the next level of management and determine the appropriate level of management (supervisor, program manager, program administrator, or division manager) to respond to the concern.
• Determine the appropriate response based on the report. • If the report relates to Staff, review the file of the Staff who has been reported to determine if similar complaints were reported. • Document the report on the appropriate form.
• If at any point in gathering information about a report of suspicious or inappropriate behavior, a concern arises about possible child abuse or neglect, contact DCFS or SMPD and file a report.
• If appropriate, notify parents and/or guardians.
• Advise the person who reported the behavior that the report is being taken seriously.
• Ensure that Department leadership is advised of the report and the actions taken in response to the report.
• Department leadership shall ensure that a summary of the report and the actions taken in response to the report is provided to the Child Protection Officer for review by the Child Protection Officer and the Child Protection Committee. A form for this purpose is attached to these standards as Attachment 2.
Based on the information gathered, the following may be required:
a. Increase monitoring or supervision of Staff or the program. b. If standards violations with youth by Staff are confirmed, Staff must be subject to disciplinary action up to and including termination and prosecution. Disciplinary action will follow the City’s progressive disciplinary process in consultation with Human Resources.
c. If more information is needed, interview and/or survey other Staff, youth, and parents.
3. City Response (Child Protection Officer and Committee):
Guidelines for Organizational Response
• Review the need for increased supervision.
• Review the need for revised policies or procedures.
• Review the need for additional training.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 534 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 43 Exhibit D
C. Responding to Youth-to-Youth Sexual Abuse and Sexual Behavior The thought that one youth may sexually abuse another youth does not occur to many people.
Unfortunately,abuse between peers has increased significantly over the past few years.
1. Youth-to-Youth Interactions:
Mostseriousincidents of youth-to-youth abuse are preceded by more subtle incidentssuch as namecalling, taunting, or roughhousing. Interrupting these interactions early and establishing and communicating standards of conduct can keep the program environment safe. Accordingly, the following high-risk youth-to-youth interactions are prohibited during program participation and must be promptly addressed and reported by Staff:
Most serious incidents of youth-to-youth sexual abuse are preceded by inappropriate sexual behaviors. Interrupting these behaviors early and establishing and communicating standards of conduct can keep the program environment safe. Accordingly, the following youth-to-youth sexual behaviors are prohibited during program participation and must be promptly addressed and reported by Staff:
Prohibited Youth-to-Youth Sexual Behaviors
• Inappropriate touching
• Exposing body parts
• Using inappropriate sexual language
• Making threats of sexual activity
• Engaging in sexual activity
• Review the need for discipline up to and including termination in accordance with the City’s progressive disciplinary process. • Advise the Department that reported the issue of any additional actionsthat should be taken.
Hazing
Bullying
Derogatory name-calling
Games of Truth or Dare
Singling out one child for different treatment
Ridicule or humiliation
Prohibited High-Risk Youth-to-Youth Interactions
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 535 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 44 Exhibit D
2. Staff Response:
If Staff observe prohibited youth-to-youth high-risk interactions or prohibited youth-to-youth sexual behaviors, they are instructed to follow these guidelines:
Guidelines for Staff Responding to Youth-to-Youth High-Risk Interactionsor Sexual Behaviors
• If you observe high-risk interactions or sexual behaviors between youth, you should immediately separate them.
• Calmly explain that such interactions/behaviors are not permitted and separate the youth.
• Notify your supervisor and provide a summary of what you observed and how you responded.
• Follow your supervisor's instructions regarding notifying the authorities and informing the parents of the youth involved.
• If you believe the conduct rose to the level of suspected sexual abuse, comply with the reporting requirements for suspected abuse set forth in Section A above.
3. Supervisor and Department Response:
If a supervisor, program manager, program administrator, or division manager receives a report of prohibited you-to-youth high-risk interactions or prohibited youth-to-youth sexual behaviors, they should do the following:
Report to the next level of management and determine the appropriate level of management (supervisor, program manager, program administrator, or division manager) to respond to the concern.
Meet with Staff who reported the high-risk interaction or sexual behaviorto gather information.
Confirm that the youth involved have been separated or placed underincreased supervision.
Review the steps taken by Staff.
Review the incident report to confirm it is accurate and thorough.
Meet with parents of the youth involved.
Determine actions needed to make sure there is no recurrence, including assessing the suitability of the program for the youth involved anddetermining whether removal from the program is appropriate.
Guidelines for Supervisor and Department Response to
Youth-to-Youth High-Risk Interactions or Sexual Behaviors DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 536 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 45 Exhibit D
Based on the information gathered, the following may be required:
a. Review the need for additional supervision
b. Review the need for revised policies or procedures
c. Review the need for additional training
d. Alert others in the organization
4. City Response (Child Protection Officer and Child Protection Committee):
After the internal review of the high-risk youth-to-youth interaction or youth-toyouth sexual behavior, theorganization will determine what can be done to prevent a reoccurrence, such as:
Guidelines for Organizational Response
• Review the need for additional supervision.
• Review the need for revised policies or procedures.
• Review the need for additional training.
• Alert others in the organization.
• Advise the department that reported the behavior of any additional actions that should be taken.
• Advise the Staff that reported the behavior that the report is being taken seriously.
• Ensure that department leadership is advised of the report and the actionstaken in response to the report. A form for this purpose is attached to these standards as Attachment 2.
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 537 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 46 Exhibit E
Exhibit E
COVID Vaccination Policy
THIS COVID-19 ATTESTATION MUST BE EXECUTED & SUBMITTED TO CITY AND MADE PART OF AGREEMENT NO. 4929.
Contractor attests that all of Contractor’s personnel and subcontractors assigned to perform the Services who will either visit or work in City of Santa Monica facilities, or interact with either City of Santa Monica employees or residents, in the course of performing said Services shall be fully vaccinated as defined in the City’s COVID-19 Vaccination Policy (“VP”), a copy of which is attached as Exhibit E to the Agreement under which Contractor, Contractor’s personnel, and/or subcontractors will perform the Services.
Contractor further attests that such personnel and subcontractors have produced to Contractor one of the forms of documentation set forth in the VP. Contractor shall maintain the underlying documentation establishing that such personnel and subcontractors are fully vaccinated and supporting the attestation for the term of the Agreement. Contractor agrees that Contractor will make such documentation available to the City for inspection on demand. Contractor agrees that it will obtain written authorizations from personnel and subcontractors prior to submitting the documentation to City.
Contractor further understands and agrees that failure to comply with the VP, or to permit the City to inspect the documentation to verify compliance with the VP within 10 days after the City’s written request for such documentation, shall constitute a breach of the Agreement and will be grounds for termination.
The undersigned, on behalf of himself or herself individually and on behalf of Contractor, hereby attests that he or she has read and understands the VP and its applicability to the Agreement.
The undersigned further attests that he or she is authorized to execute this attestation on behalf of Contractor.
#
By: ____________________________________
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785 6/26/2022
Peter Fox
5.O.h
Packet Pg. 538 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 47 Exhibit E
COVID-19 VACCINATION POLICY
1. Purpose
The purpose of this policy is to provide City employees with a safe work environment and to protect the health and safety of both City employees and the public we serve, during the ongoing local emergency occasioned by the threat to public health and safety posed by COVID-19. To achieve that purpose, the City is requiring that City employees, volunteers (including interns or externs), members of City Boards, Commissions, and Task Forces, and certain contractors be vaccinated for COVID-19.
2. Preamble
The City Manager first declared a state of local emergency on March 13, 2020. Since then, the City Council has ratified the declaration of a local emergency on multiple occasions, the most recent of which was July 13, 2021.
In addition, the states of emergency declared at the county, state, and national level because of COVID-19 all remain in place.
Over the course of the emergency, the Los Angeles County Department of Public Health has issued a series of health orders imposing risk reduction measures to address the COVID-19 emergency. The most recent, issued August 16, 2021, recognizes, among other things:
• Since June 15, 2021, when many restrictions imposed by the state and County were lifted, “community transmission of COVID-19 in Los Angeles County has rapidly increased from Low to High.”
• COVID-19 daily cases are now increasing; on August 13, 2021 alone, Los Angeles County reported 3,810 new cases. As of August 6, 2021, Los Angeles County is also reporting a 7-day daily average case rate of 29.1 cases per 100,000 people, without a 7-day lag. The test positivity rate and number of hospitalizations have also dramatically increased. This indicates a continued and high risk of COVID-19 infection for the unvaccinated. This also means that community transmission of COVID-19 within Los Angeles County is highly likely to increase during the coming days and weeks.
• Currently, the Delta variant is predominant in Los Angeles County. The Delta variant is two times more contagious than earlier COVID-19 variants and continues to lead to increased infections.
• At this time, the current COVID-19 vaccines (the Moderna two-dose and Johnson & Johnson single-dose vaccines approved under the Food and Drug DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 539 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 48 Exhibit E
Administration’s (“FDA”) Emergency Use Authorization (“EUA”) approval process and the Pfizer BioNTech two-dose vaccine approved under the FDA’s Biologics License Application (i.e., general use) (“BLA”) approval process) are effective at helping to reduce the risk of getting and spreading the infection and also of getting seriously ill, even if a fully vaccinated person gets COVID-19, and even against the current variants of the virus that causes COVID-19. Although no vaccine is 100% effective at preventing illness in vaccinated people, the currently authorized COVID-19 vaccines remain the best form of protection against COVID-19.
On August 12, 2021, the Los Angeles County Department of Public Health issued a health order requiring vaccination of health case workers. This order recognizes, among other things:
• The spread of COVID-19 remains a substantial danger to the public. • The Delta variant has become the dominant strain of COVID-19 virus in the County and is much more contagious that previous strains of COVID-19. • Vaccination against COVID-19 is the most effective means of preventing infection with the COVID-19 virus, with the risk of infection reduced by 70% to 95%. Vaccination also appears to reduce the chance of transmission by an infected vaccinated person by 40% to 60%.
• Unvaccinated persons are more likely to get infected and spread the virus. Over 90% of current hospitalizations and deaths are among unvaccinated persons.
Since July 30, 2021, COVID-19 cases and hospitalizations in Los Angeles County have continued to increase. For a recent reporting period, the weekly case average was 3,455 (a 58.6% increase over the last reporting period) and the number of hospitalizations was 1,503 (a 68.6% increase).
In response to the continuing rapid increase in COVID-19 transmission, including that due to the Delta variant, many public employers have adopted mandatory vaccination policies. Among the local public employers implementing such policies are: Los Angeles County, which requires all County employees to be vaccinated by October 1, 2021; the University of California and the California State University systems, both of which require all employees and students to be fully vaccinated; and the City of Pasadena, which is requiring all city employees to be fully vaccinated by no later than September 17, 2021. Furthermore, on August 12, 2021, the Los Angeles County Department of Public Health issued an order requiring health care workers, including doctors and medical assistants, dentists and dental assistants, pharmacists, EMTS, EMT-paramedics, and home health aides to be fully vaccinated by September 30, 2021.
A continued increase in the vaccination rate is paramount to stem the continuing rapid increase in COVID-19 transmission. Currently authorized vaccines have proven effective at preventing severe outcomes from the virus causing COVID-19, including the Delta variant. COVID-19 vaccines are free, safe, and widely available. Getting vaccinated is one of the most important ways to help stop COVID-19 spread. Currently, approximately 88% of Santa Monicans 12-17 years of age and 81% of Santa Monicans 16 years of age or older are vaccinated. The percentage of City employees who are vaccinated falls well below this, with only approximately 60% of employees having DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 540 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 49 Exhibit E
self-reported vaccination, and only approximately 36% having submitted documentation of vaccination.
3. Vaccination Requirement
To ensure that the City fulfills its primary function of protecting the health and safety of the Santa Monica community, while also meeting its obligation to provide a safe and healthy workplace for employees, all Covered Persons must: (a) receive at least one dose of a COVID-19 vaccine, or request an exemption, no later than September 17, 2021; and (b) in the absence of an exemption, be fully vaccinated for COVID-19 by no later than October 29, 2021.
///
///
4. Reporting Vaccination Status and Documentation
a) All Covered Persons must report their vaccination status no later than 5:00 p.m. on September 17, 2021. Covered persons must use the process and form designated by the City for this purpose, and include supporting documentation proving their vaccination status. Covered Persons will certify that they are:
i. Fully vaccinated for COVID-19 (no request for exemption required) ii. Partially vaccinated for COVID-19 (no request for exemption required) iii. Unvaccinated for COVID-19 (request an exemption due to medical/disability or sincerely held religious belief, practice, or observance)
Covered Persons will certify that the information they provide regarding vaccination status is true and accurate.
b) All Covered Persons who certified that they were partially vaccinated for COVID19 as of September 17, 2021, must certify that they are fully vaccinated for COVID19 by no later than 5:00 pm on October 29, 2021. c) All Covered Persons who requested but were denied an exemption, must certify that they are fully vaccinated for COVID-19 by no later than 5:00 pm on October 29, 2021, or such later date as may be specified in the denial of the exemption. d) Covered Persons are required to provide the City with proof of vaccination status within the relevant time frames set forth above. Proof of vaccination status may include any of the following documents:
i. A screen shot of the digital vaccination record, which is available free and instantly from the state of California,
https://myvaccinerecord.cdph.ca.gov/
ii. A photo of the CDC COVID-19 vaccination record card iii. Documentation by the employee's Health Care provider DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 541 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 50 Exhibit E
5. Requests for Exemptions
The City will review requests for medical/disability and religious exemptions on a case -by-case basis consistent with procedures for reasonable accommodation requests. a) Medical/Disability Exemption: Covered Persons with a medical condition, disability, or other medical restriction that affects their ability to safely receive a COVID-19 vaccine, as verified by their Health Care provider, may request a reasonable accommodation to be exempted from this vaccination requirement.
Requests for medical/disability exemption must be submitted to the Human Resources Department using a process and form designated by the City no later than September 17, 2021 at 5:00 p.m. Covered Persons requesting a medical/disability exemption will be required to obtain a completed Certification from their Health Care Provider on a form to be provided by the City.
b) Requests for Religious Exemption: Covered Persons with a sincerely held religious belief, practice, or observance that prohibits them from receiving a vaccine may request a reasonable accommodation to be exempted from this vaccination requirement.
Requests for religious exemption must be submitted to the Human Resources Department using a process and form designated by the City no later than 5:00 p.m. on September 17, 2021. If the City possesses an objective basis for questioning the nature or sincerity of the religious belief, practice, or observance, the City may request that the Covered Person produce additional information to support their request for exemption.
6. Confidentiality of Vaccination Status and Records
The City will maintain the confidentiality of documentation and information regarding a Covered Person’s vaccination status and any request for exemption. The City will limit access to such documentation and information to those employed or retained by the City, such as the City’s Human Resources staff and individual employees’ immediate supervisors, with a need to know as provided by the American with Disabilities Act, the Confidentiality of Medical Information Act, California Civil Code section 56.20 (c), and other applicable local, state, or federal laws.
///
///
7. Definitions
a) “Covered Persons”: Covered Persons are all City employees and volunteers (including interns or externs); all members of City Boards, Commissions, and Task Forces; and all contractors with whom the City, after the effective date of this policy, enters into contracts that will require them to visit or work in City facilities or interact with City residents or employees,
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 542 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 51 Exhibit E
b) COVID-19 Vaccine: A COVID-19vaccinesatisfiestherequirementofthis policy if the FDA has approved the vaccine’s use under either the EUA or BLA approval processes. Vaccines that currently meet this requirement include Moderna or Pfizer BioNTech (two-dose COVID-19 vaccine series) and Johnson & Johnson/Janssen (a single-dose COVID-19 vaccine).
c) "FullyVaccinated":ACoveredPersonisfullyvaccinatedif14daysormore have passed from the date the Covered Person received the final dose of a two-dose COVID-19 vaccine series (Moderna or Pfizer BioNTech) or a single-doseCOVID19vaccine(Johnson & Johnson/Janssen). This definition may be expanded should booster shots for the COVID-19 vaccines be required in accordance with guidance provided by the U.S. Centers for Disease Control (CDC), FDA, California Department of Public Health, or Los Angeles County Department of Public Health. d) "Partially Vaccinated": A Covered Person is partially vaccinated if they have received at least one dose of a COVID-19 vaccine but do not meet the definition of fully vaccinated.
e) "Unvaccinated": A Covered Person is unvaccinated if they have not received any doses of COVID-19 vaccine or if their vaccination status is unknown. _________________________________________
John Jalili
Interim City Manager
8-23-21
Date
DocuSign Envelope ID: B7D512E6-F06E-49B4-9522-5640D65C5785
5.O.h
Packet Pg. 543 Attachment: 02 Instructor Agreement_FY22.23_Fox, Peter (6758 : Modifications to Recreational Services Agreements) 1 FIRST MODIFICATION OF INSTRUCTOR AGREEMENT NO. 4938
This First Modification of Instructor Agreement Number 4938 (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Damian Mooney, an individual (“Contractor”), is made with reference to the following:
RECITALS
A. On or about June 27, 2022, the City and Contractor entered into Agreement Number 4938 to provide instruction in specified recreational activities as part of the recreational programs sponsored by the City of Santa Monica through its Community Services Department (“Original Agreement”).
B. The City and Contractor desire to modify the Original Agreement to extend the contract term, permit City to audit Contractor’s services to ensure compliance with Abuse Prevention Standards and Requirements, Live Scan, and other agreement requirements as specified below, and remove reference to COVID-19 vaccination requirements to no longer apply to the Agreement.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on June 30, 2024, unless terminated earlier as set forth in the Original Agreement. Should the parties mutually agree to renew this Agreement for up to one additional one-year period, the parties agree that Contractor will provide Services under the same conditions contained herein.
2. Section 3 of the Original Agreement entitled “Child Protection” shall be modified by adding the following paragraphs:
3.4 Contractor agrees that City may conduct scheduled or random audits of the Services to ensure compliance with Section 3 and other requirements that are specified and incorporated in this Agreement to protect children.
3.5 City, in its sole and complete discretion, may suspend or terminate this Agreement immediately if Contractor fails to comply with Section 3, the Live Scan requirement pursuant to Section 12, or the Abuse Prevention Standards and Requirements as outlined in Exhibit D. City will provide Contractor with written notice of any suspension or termination under this section, which will be effective immediately.
DocuSign Envelope ID: F4B7F554-4FD7-469D-BD2B-F308B9C422F8 6/20/2023
5.O.i
Packet Pg. 544 Attachment: 02 First Modification FY23.24 Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 2 3. Section 14 of the Original Agreement entitled “COVID-19 Vaccinations” shall be deleted in its entirety.
4. Section 30 of the Original Agreement entitled “Exhibits” shall be modified by deleting reference to Exhibit E COVID Vaccination Policy.
5. Execution in Counterparts. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
6. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: F4B7F554-4FD7-469D-BD2B-F308B9C422F8 6/15/2023
City Attorney
DOUGLAS SLOAN
Damian Mooney
Tennis instructor
Damian Mooney
6/15/2023
City Manager
6/20/2023
Denise Anderson-Warren David White
6/21/2023
City Clerk
5.O.i
Packet Pg. 545 Attachment: 02 First Modification FY23.24 Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 1 October 2021
Agreement No. 4938
COMMUNITY SERVICES DEPARTMENT
RECREATIONAL INSTRUCTOR AGREEMENT
This Instructor Agreement (“Agreement”), entered into as of _________________ (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and Damian Mooney, an individual (“Contractor”), is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Santa Monica.
B. Contractor seeks to provide instruction in specified recreational activities as part of the recreational programs sponsored by the City of Santa Monica through its Community Services Department. Contractor is qualified and possesses the experience and skills to provide instruction in the specified recreational activities.
C. City and Contractor desire to enter into this Agreement for Contractor to provide instructional services upon the terms and conditions set forth below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. The term of this Agreement shall commence on the Execution Date and continue through June 30, 2023, unless sooner terminated in accordance with Section 18. Should the parties mutually agree to renew this Agreement for up to two additional one-year period(s), the parties agree that Contractor will provide Services under the same terms and conditions contained herein.
2. Services To Be Performed By The Contractor.
2.1 Class Commitment. Contractor shall provide instructional services (“Services”) in accordance with the Schedule of Services and Payments mutually agreed upon by the parties attached hereto as Exhibit A and incorporated herein by reference. Contractor agrees to conduct classes in accordance with the dates, times, and locations outlined on the Class Schedule Commitment Forms attached hereto as Exhibit B and incorporated herein by reference. A Class Schedule Commitment Form will DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554 6/27/2022
5.O.j
Packet Pg. 546 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 2 October 2021
be completed for each season or session where Services are requested by the City, and Contractor’s agreement to adhere to the class schedule will be reflected by Contractor’s execution of the Class Schedule Commitment Form. Each Class Schedule Commitment Form that is approved by the parties shall become part of Exhibit B and incorporated herein by reference.
2.2 Materials and Supplies. Contractor shall provide its own tools, equipment, materials, supplies, and vehicles necessary to perform the Services and shall be responsible for all expenses incurred in association with the performance of the Services. Contractor may charge a reasonable materials and supplies fee to participants enrolled in a class (“participants”) for materials and supplies Contractor provides to participants provided that: (a) the fee does not exceed the amount set forth in Exhibit A as mutually agreed by the parties; and (b) Contractor collects the fee directly from participants.
2.3 Registration of and Payments by Participants. Registration of, and the collection of payments from, participants shall be handled through City offices. Contractor agrees not register participants or accept any payments for any class from any participants, with the sole exception of any reasonable material and supplies fee in accordance with Section 2.2 above.
2.4 Minimum Class Size. With respect to any particular class, Contractor shall provide Services if the number of participants registered for the class by the time of the first-class meeting is greater than or equal to the minimum set forth in attached Exhibit A. If the minimum number of participants is not registered by the time of the first class meeting, or if the number of registered participants falls beneath the minimum number after commencement of the first class meeting, the parties may mutually agree to cancel or continue the class. If the parties mutually agree to continue a class without having the minimum number of participants registered, Contractor will be paid only for the number of participants registered for that class.
2.5 Cancellation of Classes. If a class is canceled prior to the first-class meeting, Contractor will not be compensated. If a class is cancelled after the first-class meeting, Contractor will be compensated for the class meetings instructed as provided in Exhibit A.
2.5.1 Cancellation by Contractor. Contractor agrees not to cancel any class without providing prior written notice to the City. To cancel a class, Contractor must submit a written notification of cancellation to the City at least sixty (60) days prior to the scheduled first meeting of the class.
2.5.2 Cancellation by City. City agrees not to cancel any class without providing prior written notification to Contractor. To cancel a class, City must submit a written notification of cancellation to Contractor:
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 547 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 3 October 2021
(a) at least three (3) days prior to the scheduled first meeting of the class, in which case City shall have no obligation to compensate Contractor in any way for the cancelled class; or (b) at least three (3) days prior to an effective date of cancellation after the scheduled first meeting of the class, in which case compensation for Services shall be pro-rated to provide payment to Contractor for the dates and times Contractor provided Services.
2.5.3 Rescheduling. If Contractor is unable to provide Services when required at any particular class meeting, Contractor agrees to notify City at least twenty-four (24) hours prior to the start of the scheduled class meeting so that City may notify all participants of the cancellation of that particular class meeting. Except as otherwise provided herein, Contractor agrees to give a make-up class meeting on rescheduled dates and times mutually agreed upon by City and Contractor, with Contractor not unreasonably withholding agreement to any proposed date and time for rescheduling.
3. Child Protection. Contractor and any and all of Contractor’s employees, subcontractors, volunteers, agents, and representatives who render Services that involve direct contact with or supervision of children, or who supervise the employees, subcontractors, volunteers, agents, or representatives rendering such Services, are required to do all of the following:
3.1 Child Abuse and Neglect Mandated Reporter Training. Obtain training in the identification and reporting of child abuse and neglect and comply with California Penal Code Section 11166.5. Contractor shall provide a signed copy of the City of Santa Monica Mandated Reporter Acknowledgement and CDSS Certificates of Completion for the California Child Abuse Mandated Reporter Online Training for Contractor and all such employees, subcontractors, volunteers, agents, and representatives before performing any Services that involve direct contact with or supervision of children.
3.2 Code of Conduct and Standards. Read, understand, and agree to comply with all of the following City standards set forth in City of Santa Monica Administrative Instruction III-5-12: (a) Code of Conduct for Providing Services to Youth; (b) City Standards for Youth Programs; and (c) City Standards for Responding to Allegations of Suspicious or Inappropriate Conduct. For all such employees, subcontractors, volunteers, agents, and representatives, Contractor shall provide a signed Acknowledgment of Abuse Prevention Standards and Requirements attached hereto as Exhibit D and incorporated herein by reference.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 548 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 4 October 2021
3.3 Contractor will bear the costs of complying with the Child Protection requirements set forth in this section.
4. Compensation To Contractor. Contractor shall be compensated for Services performed pursuant to this Agreement in the amount and in accordance with the mutually agreed upon Schedule of Services and Payments set forth in Exhibit A.
The total amount of compensation to be paid to Contractor under this Agreement shall not exceed Two Hundred Forty-Nine Thousand Dollars ($249,000). This total amount will include compensation paid to Contractor for the years that the parties mutually agree to renew this Agreement under the same terms and conditions.
5. Relationship Of The Parties/Independent Contractor.
5.1 Contractor enters into this Agreement as, and shall continue to be, an independent contractor for purposes of federal, state, and local laws, including but not limited to, the California Labor Code, California Unemployment Insurance Code, and wage orders of the Industrial Welfare Commission.
Under no circumstances shall Contractor or Contractor’s employees, subcontractors, volunteers, agents, or representatives look to City as his/her/its employer, or as a partner, agent, or principal. Contractor and Contractor’s employees, subcontractors, volunteers, agents, or representatives shall not be entitled to any City paid benefits accorded to City employees including workers’ compensation, disability insurance, vacation or sick pay.
5.2 Contractor shall be responsible for obtaining, at Contractor’s sole expense, any business licenses, business tax registrations, and permits required to perform the Services.
5.3 Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation, including estimated taxes, and shall provide City with proof of payment on demand.
5.4 Contractor agrees to indemnify, defend, and hold harmless City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this Section.
6. Contractor’s Representations.
6.1 Contractor represents that Contractor and all of Contractor’s employees, subcontractors, volunteers, agents, and representatives who will provide the Services, possess the qualifications and ability to perform the Services in a professional manner, without the advice, control, direction, or supervision of City. Performance of the Services in a professional manner includes meeting the requirements of the program under which Contractor is obligated to provide Services, and failure to do so shall constitute a material breach of this Agreement.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 549 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 5 October 2021
6.2 Contractor represents that it has all of the training and special skills necessary to provide Services. Contractor understands that it shall be solely responsible for the professional performance of the Services, and shall receive no assistance, direction, or control from City. Contractor shall have sole discretion and control of Contractor’s Services and the manner in which they are performed.
6.3 Contractor represents that it maintains a business location that is separate from the location(s) where Contractor will provide Services.
6.4 Contractor represents that Contractor is engaged in an independently established business of the same nature as that involved in the Services that Contractor will perform under this Agreement.
6.5 Contractor represents that Contractor advertises and holds itself out to the public as available to perform, does perform for others, and maintains its own clientele for the same or similar services as the Services that Contractor will perform under this Agreement.
7. Contractor’s Compliance With Law. Contractor shall comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City including, but not limited to, the following:
7.1 Non-discrimination Requirements. Contractor will comply with Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d, and with Section 504 of the Rehabilitation Act, 29 USC Section 794. In accordance with these statutes and other federal, state, and local laws, no person in the United States shall, on the grounds of race, creed, color, disability, national origin, sex, age, marital status, sexual orientation, HIV/AIDS status, political affiliation or religious beliefs, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity provided by Contractor. Contractor and any of its subcontractors shall adhere to all regulations set forth by the Americans with Disabilities Act (ADA). Contractor shall make every effort to ensure that all projects funded in whole or in part by City shall provide equal employment and career advancement opportunities for minorities, women, and persons with disabilities.
7.2 Fair Labor Standards Compliance. Contractor agrees to indemnify, defend, and hold harmless the City, its agents, officers, and employees from any and all liability including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys’ fees arising under any wage and hour law including, but not limited to, the Federal Fair Labor Standards Act, for any services performed by Contractor’s employees, subcontractors, volunteers, agents, or representatives.
8. Permits And Licenses. Contractor shall comply with all applicable laws, regulations, ordinances, and statutes, and shall obtain and maintain, at DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 550 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 6 October 2021
Contractor’s sole expense, all required business and professional permits, licenses, and certificates, including a City of Santa Monica business license.
9. Insurance. Prior to commencing work, Contractor must procure, maintain, and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Contractor or Contractor’s employees, subcontractors, volunteers, agents, or representatives, for the duration of this Agreement. Contractor must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements.
10. Defense, Indemnification and Hold Harmless. Contractor shall indemnify, defend and hold harmless City, its City Council, members of its boards and commissions, officers, agents, employees and volunteers (collectively “City Indemnitees”) from and against any and all loss, damages, liability, claims, suits, judgments, taxes, costs and expenses, whatsoever, including reasonable attorney’s fees arising from or in any manner connected to: (i) the condition or use of materials or equipment provided by Contractor in the performance of the Services; (ii) the Services, activities or work conducted pursuant to this Agreement; or (iii) claims by any persons or entities providing services, materials, equipment or supplies in connection with Contractor’s obligations under this Agreement.
11. Safety. Contractor will notify City immediately if Contractor observes that City’s facility or equipment is unsafe and will not utilize the facility or equipment until the unsafe condition is corrected.
12. Live Scan. Contractor agrees that Contractor and all of Contractor’s employees, subcontractors, volunteers, agents, and representatives who perform Services, or who supervise the employees, subcontractors, volunteers, agents, or representatives performing such Services, will be fingerprinted prior to the commencement of their provision of Services and on an annual basis thereafter as long as Contractor is performing Services. Contractor acknowledges and agrees that fingerprints may be used on an ongoing basis to verify arrests and conviction records for all such employees, subcontractors, volunteers, agents, and representatives by comparing them with local, state, and federal records. Contractor agrees to pay whatever fees if any may be involved in this process.
13. Tuberculosis Screening. Contractor agrees to provide City with proof that Contractor and all of Contractor’s employees, sub-contractors, and volunteers who perform Services have undergone a TB risk assessment or test, as required every four (4) years for adults working with school age children. Contractor shall bear the costs of complying with this tuberculosis screening requirement.
14. COVID-19 Vaccinations. Contractor agrees that all personnel assigned to perform the Services who will either visit or work in City facilities or interact with either City employees or City residents in the course of performing said Services shall be fully DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 551 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 7 October 2021
vaccinated, as defined in the City’s COVID-19 Vaccination Policy, a copy of which is attached as Exhibit E and incorporated herein by reference. Contractor shall provide the City with an attestation that Contractor has confirmed the personnel assigned to perform the Services are fully vaccinated and that such personnel have produced to Contractor one of the forms of documentation set forth in the City’s COVID-19 Vaccination Policy. Contractor shall maintain the underlying documentation establishing that the personnel are fully vaccinated and supporting the attestation for the term of this Agreement. Contractor shall make such documentation available to the City for inspection on demand. Contractor’s failure to comply with the City’s COVID-19 Vaccination Policy or to permit the City to inspect the documentation to verify compliance with the City’s COVID-19 Vaccination Policy within 10 days after the City’s written request for such documentation shall constitute a breach of this Agreement.
15. Informational Meetings. Contractor agrees to meet with City staff at a time and date mutually agreed by the parties, at Contractor’s sole expense, to obtain information about the City’s program in connection with which Contractor will be providing the Services, including policies and procedures for obtaining notice of the number of registered participants, for providing notice of any issues that may arise with participants, and relating to City managed programs that provide services to participants. Contractor agrees that its lead administrative staff and all employees, subcontractors, and volunteers who provide Services shall also attend the meetings.
16. Publicity and Privacy. Contractor agrees not to generate any written, audio or visual publicity regarding City-sponsored classes without prior written approval from City. Contractor agrees not to promote non-City classes at City facilities or with City equipment. Contractor also agrees to respect the privacy of class participants by not soliciting participants’ contact information from participants.
17. Photo Release. Contractor consents to the photographing, recording or reproduction in any other manner (including use of videotapes and audiotapes) of the likeness, voice and/or activities of Contractor and any of Contractor’s employees, subcontractors, volunteers, agents, and representatives who provide Services, and further authorizes the City of Santa Monica, its agents or assigns, to make unlimited use of such reproductions, including, but not limited to, broadcasting to the public of the reproductions over radio and television stations.
Contractor understands that neither Contractor nor any of Contractor’s employees, subcontractors, volunteers, agents, or representatives will receive any monetary compensation now or in the future as the result of the creation or use of any such reproductions. Contractor releases the City Indemnitees from any claims based on the creation or use of any such reproductions, and Contractor agrees to indemnify, defend, and hold harmless the City Indemnitees for any claims, losses, costs, fees, liabilities, damages or injuries that arise out of any claim based on the creation or use of any such reproductions that may be brought by any of Contractor’s employees, subcontractors, volunteers, agents, or representatives.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 552 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 8 October 2021
18. Default and Termination. In the event that Contractor fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five (5) days after receipt by Contractor of City’s written notice of default specifying the nature of the default and the steps necessary to cure the default, City may immediately terminate this Agreement by written notice.
19. Notices. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when personally delivered, or on the fifth business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
All notices, demands, requests or approvals from Contractor to City shall be addressed to City at:
City of Santa Monica
Director, Community & Cultural Services
1685 Main Street, Room 210
Santa Monica, California 90401
with copies to:
Community Classes and Camps Program
Attn: Program Supervisor
1401 Olympic Boulevard
Santa Monica, CA 90404
and:
City Attorney
1685 Main Street, Third Floor
Santa Monica, CA 90401
All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:
Damian Mooney
1320 Marine Avenue
Manhattan Beach, CA 90266
Any party hereto may, from time to time by notice in writing served upon the other party, designate a different mailing address or a different person to whom all notices, demands, requests or approvals are thereafter to be addressed.
20. Subcontractors.
20.1 If Contractor proposes to have any subcontractor perform any part of the Services, Contractor must submit a request for approval in writing, describing the scope of work to be performed by the subcontractor, the name of the proposed subcontractor, and the total price or hourly rates used in DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 553 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 9 October 2021
preparing an estimated cost for the subcontractor services. The City, in its sole discretion, may grant or deny the request.
20.2 Contractor will be responsible for the quality of any subcontractor’s work.
Every subcontract or agreement of any kind entered into between Contractor and any subcontractor (or between any subcontractor and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 4938 entered into between the City of Santa Monica and Contractor on^^____________________.
21. Records. Contractor shall maintain complete and accurate records of Services provided and the costs of providing those Services in sufficient detail to permit an evaluation of the Services.
21.1 Such records shall include complete and accurate records with respect to costs, expenses, receipts and other such information required by City for any Services provided where compensation is on the basis of hourly rates, subcontractor costs, or other direct costs.
21.2 All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
All such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment.
21.3 Representatives of City or its designees shall be allowed free access to Contractor’s books and records, and shall have the right to examine, audit and make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. If City’s audit discloses an error of five percent (5%) or more in information reported by Contractor and City’s audit is correct, Contractor shall pay the cost of City’s audit computed on the basis of four (4) times the direct payroll of the audit staff completing the audit and audit report.
22. Governing Law. This Agreement has been made and shall be construed and interpreted in accordance with the laws of the State of California.
23. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements are merged herein. No other verbal agreement, oral or written, or implied covenant shall be held to vary the provisions of this Agreement. With the exception of the Class Schedule Commitment Forms that will be completed for each season or session as provided in Section 2.1 of this Agreement, any modification of this Agreement, including the scope of services and payment amount for services, will be effective only by written execution signed by both City and Contractor.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554 6/27/2022
5.O.j
Packet Pg. 554 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 10 October 2021
24. Venue and Jurisdiction. The City and Contractor agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
26. Prohibition Against Transfers.
26.1 Contractor shall not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without City’s consent shall be null and void, and any assignee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
26.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venture or syndicate member of Contractor if a partnership or joint venture or syndicate exists, which results in changing the control of Contractor, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
27. Waiver. A waiver by either party to this Agreement of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein.
28. Parking. City shall provide parking to Contractor’s employees, subcontractors, volunteers, agents, or representatives on site when conducting official City programming for Community Classes and Camps only. Parking will be restricted to specific City park locations and for the duration of official City programming.
29. Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single agreement. Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 555 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 11 October 2021
agreed that such electronic signature shall have the same force and effect as an original signature).
30. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Schedule of Services and Payments
Exhibit B Class Schedule Commitment Forms
Exhibit C Insurance Requirements
Exhibit D Acknowledgment of Abuse Prevention Standards and Requirements
Exhibit E COVID Vaccination Policy
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
Interim City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554 City Attorney
DOUGLAS SLOAN
6/25/2022
Tennis instructor
Damian Mooney
Damian Mooney
6/25/2022
David White
6/27/2022
City Clerk City Manager
Denise Anderson-Warren
6/28/2022
5.O.j
Packet Pg. 556 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 12 Exhibit A
Exhibit A
Schedule of Services and Payments
Contractor: Damian Mooney
Classes will be conducted in accordance with the following schedule of services and payments.
Class Name
Base Fee
per Class
Meeting
% of Base Fee
Paid to
Contractor
Minimum
Enrollment per
court
Maximum
Enrollment
per court
Materials
Fee*
Live Ball 60
min
$25.50 60% 4 8 n/a
Live Ball 90
min
$32.00 60% 4 8 n/a
*Materials Fee Description: n/a
Contractor must complete and sign a Billing Sheet for payments to be issued.
Contractors will be paid a percentage of the base class fee (resident rate, not including administration fees).
The total amount of compensation for Services rendered pursuant to this Agreement shall not exceed $249,000. This total amount will include compensation paid to Contractor for the years that the parties mutually agree to renew this Agreement under the same terms and conditions.
Payments for Contractors teaching classes covering six (6) weeks or longer will be divided as follows: Half the payment will be issued midway through the session/season and the balance will be issued at the end of the session/season. Payment will be issued approximately two (2) weeks after each half is completed.
Payments for Contractors teaching classes covering less than a six (6) week period will be issued at the conclusion of the session/season.
Camp payments will be processed at the conclusion of every two (2) weeks of camp or after one (1) week if two (2) weeks do not occur consecutively. Allow approximately fourteen (14) days for processing.
Class locations, dates and times may vary by session and are confirmed in a Class Schedule Commitment Form each session/season.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 557 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 13 Exhibit B
EXHIBIT B
CLASS SCHEDULE COMMITMENT FORM
(To Be Completed Each Session)
Session/Season: Summer 2022
Contractor: Damian Mooney
Classes will be conducted in accordance with the following schedule of dates, times and locations.
Class Day Dates
No Class
Date Time Location
Live Ball Mon 6/13-8/8 4-Jul 6-7 pm Clover 1
Live Ball Mon 6/13-8/8 4-Jul 7-8 pm Clover 1
Live Ball Mon 6/13-8/8 4-Jul 8-9 pm Clover 1
Live Ball Tue 6/14-8/2 6-7 pm Clover 1
Live Ball Tue 6/14-8/2 7-8 pm Clover 1
Live Ball Tue 6/14-8/2 8-9 pm Clover 1
Live Ball Wed 6/15-8/3 6-7 pm Clover 1
Live Ball Wed 6/15-8/3 7-8 pm Clover 1
Live Ball Wed 6/15-8/3 8-9 pm Clover 1
Live Ball Thu 6/16-8/4 6-7 pm Douglas W
Live Ball Thu 6/16-8/4 7-8 pm Douglas W
Live Ball Fri 6/17-8/5
6-7:30
pm Douglas W
Live Ball Sat 6/18-8/6
10:30am12pm Douglas W
Live Ball Sat 6/18-8/6 8-9 am Douglas W
Live Ball Sat 6/18-8/6
9-10:30
am Douglas W
Live Ball Sun 6/19-8/7 10-11 am Douglas W
Live Ball Sun 6/19-8/7
11am12pm Douglas W
Live Ball Sun 6/19-8/7 8-9 am Douglas W
Live Ball Sun 6/19-8/7 9-10 am Douglas W
Contractor Signature _____________________________ Date ________________ DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554 Damian Mooney
6/25/2022
5.O.j
Packet Pg. 558 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 14 Exhibit C
Exhibit C
Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services hereunder by the Contractor, its employees, subcontractors, agents, representatives and volunteers.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering GCL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence.
2. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
If the Contractor maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as Insurance Services Office Form CG 20 10 11 85. b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 559 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 15 Exhibit C
by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor to purchase coverage with a lower deductible or retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 560 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 16 Exhibit C
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of agreement.
The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach. Alternatively, the City of Santa Monica may purchase such coverage (but has no special obligation to do so), and without further notice to the Contractor, the City may deduct from sums due to the Contractor any premium costs advanced by the City for such insurance.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Contractor does not have employees. The Contractor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 561 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 17 Exhibit D
Exhibit D
Acknowledgment of Abuse Prevention Standards and
Requirements
I have read, understand, and agree to comply with all of the following:
A. Code of Conduct for Providing Services to Youth;
B. Standards for City-Managed Youth Programs; and
C. Standards for Responding to Suspected Abuse or Neglect or Suspicious or Inappropriate Conduct.
In addition, I have completed Child Abuse Mandated Reporter Training using materials designated by the Child Abuse Prevention Committee. I understand that violations of the standards and requirements set forth in these materials may result in termination of my agreement with City.
#VENDOR
By: ___________________________
_____________________________
Name of Contractor
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554 Damian Mooney
6/25/2022
Tennis instructor
Damian Mooney
5.O.j
Packet Pg. 562 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 18 Exhibit D
A. CODE OF CONDUCT FOR PROVIDING SERVICES TO YOUTH
The Code of Conduct for Providing Services to Youth outlines specific expectations for all staff employees, staff volunteers, and contractors (collectively “Staff”) for any City-managed youth program. Staff are expected to act conscientiously to exemplify the highest ethical standards. While the City encourages the cultivation of positive relationships with youth, Staff must take care that efforts to cultivate such relationships do not place youth or them in vulnerable situations. Accordingly, when working in connection with the City-managed youth program, all Staff must at all times comply with all of the following:
1. Staff understand that the City of Santa Monica has zero tolerance for abuse.
2. Staff will treat youth with dignity and respect.
3. Staff will treat youth fairly regardless of race, color, sex, sexual orientation, gender identity, gender expression, ancestry, national-origin, religion, medical condition, or physical or mental disability.
4. Staff will ensure that youth are adequately supervised in accordance with recommended supervision ratios.
5. Staff will dress appropriately to the occasion, task, and company present.
6. Staff will seek guidance from a program supervisor if they are unsure about anything relating to the conduct of Staff or youth.
7. Staff will not stare at or comment on youth bodies.
8. Staff will not date or engage in physical or romantic relationships with youth.
9. Staff will not use or be under the influence of alcohol or illegal drugs in the presence of youth or at any facility used to provide services to youth.
10. Staff will not have printed or online pornography in the presence of youth or at any facility used to provide services to youth.
11. Staff will not have secrets with youth.
12. Staff will not give to any youth gifts, rewards, or incentives (including food) that are not program related.
13. Unless a program supervisor has agreed that greater confidentiality is absolutely necessary to the service being provided (for example, individual therapy that requires privacy for confidential communications): (a) Staff will not meet individually with youth behind closed doors or in any other setting outside the view of other adults; (b) interactions with youth should occur in view of other adults; (c) if Staff believes there is a need for a private or one-on-one discussion to address something personal or sensitive, Staff should conduct the discussion in a quiet place that can be monitored or seen by another adult Staff; (d) Staff will notify the Staff’s supervisor in advance of the individual meeting and its purpose; and (e) immediately, or as soon as practically possible, after the meeting, Staff will report the meeting to the Staff’s supervisor, identify to the Staff supervisor the other Staff who witnessed the meeting, and provide the Staff supervisor with a full description of what occurred during the meeting. Where a program supervisor has agreed that greater confidentiality is absolutely necessary to the service being provided, Staff will still notify the Staff’s supervisor of the time, place, and duration of the meeting, and, to the extent possible without breaching required confidentiality, the general nature of what occurred during the meeting, including any unusual occurrences.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 563 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 19 Exhibit D
14. Staff will not abuse youth in anyway. In addition, Staff have an obligation to do all they can to prevent abuse of youth by anyone, including other Staff, other adults, or other youth. Abuse includes, but is not limited to, any of the following:
a. Physical abuse: striking, kicking, hitting, spanking, shaking, slapping, biting, hair pulling, choking, throwing, whipping, unnecessary restraints, or other action that injures a child;
b. Verbal abuse: degrading, threatening, cursing;
c. Sexual abuse: inappropriate touching, exposing oneself, sex of any kind, obscene phone calls, text messages, or digital interactions, or other sexual conduct that is harmful to a child’s mental, emotional, or physical welfare;
d. Emotional abuse: shaming, humiliating, isolating, terrorizing, cruelty.
15. Staff will not mistreat or bully youth in any way. In addition, Staff have an obligation to do all they can to prevent mistreatment or bullying of youth by anyone, including other Staff, other adults, or other youth. Bullying is aggressive or threatening behavior that is intentional, repeated, and involves an imbalance of power or strength. Bullying may be based on, but not limited to, actual or perceived race, color, ethnicity, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, intellectual ability, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, or any other distinguishing characteristic, or on a person's association with a person or group with any of the actual or perceived foregoing characteristics. Bullying can take on various forms and includes, but is not limited to, any of the following:
a. Physical bullying involves unwanted physical contact and using physical force to hurt a person’s body or possessions. Physical bullying can include: (i) hitting, punching, pushing, shoving, kicking, tripping, pinching, or restraining another; (ii) spitting on another; (iii) taking, hiding, or breaking another’s things. b. Verbal bullying and bullying using non-verbal gestures involves using words, whether spoken (including in telephone calls) or written (including in texts, emails, or graffiti), or nonverbal gestures, to harm another or convey a threat of harm to another. Verbal bullying can include: (i) teasing; (ii) name-calling; (iii) taunting; (iv) mean, rude, threatening, or vulgar gestures.
c. Social bullying (sometimes also referred to as relational bullying) involves hurting or threatening to hurt someone’s reputation or relationships. Social bullying can include:
(i) social exclusion, that is, excluding someone from social interactions; (ii) friendship manipulation, that is, telling others not to be friends with someone, or only to be friends with certain others; (iii) spreading rumors or gossip about someone; (iv) embarrassing someone in public or in front of a group of friends; (v) hazing a person seeking to join or participate in a group by engaging in or encouraging conduct that humiliates, degrades, abuses, or endangers that person, regardless of that person’s willingness to participate in the conduct.
d. Cyberbullying involves verbal or social bullying that is carried out using any form of electronic communication, including but not limited to email, instant messages, text DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 564 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 20 Exhibit D
messages, or postings (whether on social media, a website, a blog, a chatroom, or in any other way), to communicate text, video, audio, digital pictures, or digital images.
Cyberbullying can include: (i) sending or posting mean, rude, threatening, or vulgar messages or images; (ii) sending or posting threats of harm; (iii) sending or posting sensitive, private information about another person; (iv) .sending or posting harassing messages or images; (v) encouraging others to exclude someone from an online group; (vi) breaking into another’s electronic account and assuming that person’s identity in sending or posting information to damage that person’s reputation or harm other individuals.
e. Sexualized bullying involves engaging in any of the other types of bullying using behaviors that are sexual in nature. Sexualized bullying can include: (i) sexting; (ii) , exposing or threatening or demanding the exposure of, private body parts; (iii) inappropriate sexual comments, gestures, or innuendo.
16. Staff will adhere to the City’s standards for youth programs regarding all of the following:
a) appropriate and inappropriate physical interactions with youth; b) appropriate and inappropriate verbal interactions with youth; and, c) appropriate and inappropriate electronic communications with youth.
17. All staff employees whose duties require direct contact with and supervision of children must understand that under California law (Penal Code § 11165.7(a)(8)) they are mandated reporters and, as a result, each must, as soon as is practicably possible, make a report to the Department of Children and Family Services (“DCFS”) or the Santa Monica Police Department (“SMPD”), whenever he or she, within the scope of his or her employment, has knowledge of or observes a child whom he or she knows or reasonably suspects has been the victim of child abuse or neglect. To comply with this obligation, staff employees must
a) be familiar with the symptoms of child abuse and neglect; b) know and follow City policies and procedures intended to protect children against abuse and neglect; and
c) report suspected child abuse or neglect to DCFS or SMPD as required by state mandated reporter laws, including an initial report by telephone as soon as is practically possible, with a follow-up written report within 36 hours.
18. Separate and apart from staff employees’ obligations as mandated reporters under California law, all Staff will immediately report any concerns or complaints about abuse, neglect, bullying, or any conduct in violation of City standards regarding physical interactions, verbal interactions, or electronic communications with youth, by other Staff, other adults, or other youth, to their immediate supervisor (or if the concerns relate to that supervisor, to the program manager, program administrator, division manager, and/or department leadership) and/or the City’s anonymous ethics hotline at [email protected] or 844-4-SMETHIC.
19. The City cooperates fully with law enforcement authorities to investigate all cases of alleged abuse or neglect. All Staff must fully cooperate in any external investigation by outside authorities or internal investigation conducted by the City or persons given investigative authority by the City.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 565 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 21 Exhibit D
Exhibit C
B. STANDARDS FOR CITY-MANAGED YOUTH
PROGRAMS
The following standards apply to all staff employees, volunteers, and contractors (collectively “Staff”) for any City-managed youth program. Staff are expected to act conscientiously to exemplify the highest ethical standards. While the City encourages the cultivation of positive relationships with youth, Staff must take care that efforts to cultivate such relationships do not place youth or them in vulnerable situations.
Accordingly, when working with youth, all Staff must at all times comply with all of the following standards.
I. Interactions with Youth
A. Physical Interactions
The City’s physical interaction standards are intended to promote a positive, nurturing environment while protecting youth and Staff. The City permits the physical interactions listed as appropriate below,but only when appropriate to a situation occurring within the program’s scope. The City prohibits physical interactions of the type set forth as inappropriate below. Any inappropriate physical interactions by Staff with youth will result in disciplinary action, up to and including termination of employment.
The City’s standards for appropriate and inappropriate physical interactions are:
Appropriate Physical Interactions Inappropriate Physical Interactions • Side hugs
• Shoulder-to-shoulder or “temple” hugs
• Brief pats on the shoulder or back
• Handshakes
• High-fives and hand slapping
• Briefly touching hands, shoulders, and
arms
• Briefly placing arms around shoulders
• Holding hands with young children in an
escorting situation
• Physical contact necessary for providing
valid medical assistance or for providing
needed assistance to special needs youth
• Physical intervention necessary to
separate youth involved in a physical
altercation
• Full-frontal hugs
• Kisses
• Lap sitting
• Wrestling
• Piggyback rides
• Tickling
• Touching bottom, chest, or genital areas
• Touching, grooming, or playing with hair
• Any type of massage
• Allowing a youth to cling to a Staff
member’s leg
• Any physical act of affection that is
unwanted by the youth
• Any physical act of affection that occurs
in an isolated area
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 566 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 22 Exhibit D
B. Verbal Interactions
The City’s verbal interaction standards prohibit Staff from all of the following: (a) speaking to youth in a way that is, or could be construed by any observer to be, harsh, coercive, threatening, intimidating,shaming, derogatory, demeaning, or humiliating; (b) speaking to youth in a way that is, or could be construed by any observer, as demonstrating any bias or discriminatory intent based on race, color, sex,sexual orientation, gender identity, gender expression, ancestry, national-origin, religion, medical condition, or physical or mental disability; (c) initiating any sexually oriented conversation with youth;and (d) discussing their own sexual activities with youth.
The City’s standards for appropriate and inappropriate verbal interactions are:
Appropriate Verbal Interactions Inappropriate Verbal Interactions • Instruction and guidance
• Positive reinforcement
• Encouragement
• Praise
• Appropriate critiques where necessary to
the program (e.g., “your hand was in the
wrong position” when giving a swim
lesson), provided in a non-derogatory
fashion
• Appropriate jokes
• Initiating sexually oriented conversations
• Discussing staff or volunteer sexual
encounters
• In any way involving youth in the personal
problems or issues of staff and volunteers
• Off-color or sexual jokes
• Remarks demonstrating any bias or
discriminatory intent based on race, color,
sex, sexual orientation, gender identity,
gender expression, ancestry, nationalorigin, religion, medical condition, or physical or mental disability
• Secrets
• Name calling
• Cursing
• Remarks that are harsh, coercive,
threatening, intimidating, demeaning, or
humiliating
• Belittling
• Derogatory remarks about any youth or
his/her family or friends
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 567 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 23 Exhibit D
C. One-on-One Interactions (including tutoring/private coaching) Most abuse occurs when an adult is alone with a youth in a non-public setting. The City aims to eliminate or reduce these situations and prohibits Staff from engaging in private one-on-one interactions with youth unless approved in advance by the program supervisor. This includes scheduled tutoring and/or private coaching sessions, whether occurring during or outside regular program hours, which must comply with all of the following:
a. Staff must have program supervisor approval for any tutoring or private coaching sessions; b. tutoring and private coaching sessions must be scheduled through the program, not independently, and must occur at a program-approved location; c. program supervisors must keep a schedule of private tutoring and coaching sessions, whichshould include times, youth involved, and location of the sessions.
In those situations where private one-on-one interactions (including tutoring and/or private coaching sessions) are approved in advance, Staff should observe the following additional guidelines when engaging in the approved interactions:
Additional Guidelines for Approved Private One-on-One Interactions • Unless the program supervisor has agreed that greater confidentiality is absolutely necessary to the service being provided (for example, individual therapy that requires privacy for confidential communications):
• Meet in a public place where you are in full view of others (e.g., a visible section of a library or gymnasium) or, if meeting in a room or office, leave the door open and ensure that you can be easily observed by individuals in the adjoining public area. • Before the meeting, inform other adult Staff that you will be alone with a youth and ask them to randomly drop in and, after the meeting, inform the other adult Staff that the meeting has been completed.
• If the program supervisor has agreed that greater confidentiality is absolute necessary to the service being provided (for example, individual therapy that requires privacy for confidential communications), before the meeting, inform other adult Staff that you will be alone with a youth and after the meeting inform the other adult Staff that the meeting has been completed.
• Avoid any physical acts of affection that might be misinterpreted. Limit any physical acts of affection to brief pats on the shoulder, high-fives, and handshakes. • At the conclusion of the meeting, immediately: (a) notify the program supervisor that the meeting has concluded; (b) report to the program supervisor and document any unusual occurrences during the meeting, including, but not limited to: any disclosures by the youth of any instances of abuse or maltreatment; any behavior problems and how they were handled; any injuries and how they were addressed; and any interactions that might be misinterpreted as inappropriate.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 568 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 24 Exhibit D
D. Off-site Contact
Many cases of abuse occur off-site and outside of regularly scheduled activities. To avoid this risk, the City prohibits Staff interactions with youth outside of regularly scheduled program activities unless the interaction is of an appropriate type and is approved in advance by the program supervisor. City standardsfor appropriate off-site contacts (which may occur with advance program supervisor approval and parental approval) and inappropriate off-site contacts (which are absolutely prohibited and cannot be approved by program supervisors, regardless of whether parents approve or not) are as follows:
Appropriate Outside Contact Inappropriate Outside Contact • Taking groups of youth on a programrelated outing (parental approval and a minimum of two Staff or the number of
Staff required to satisfy the program
standard Staff/youth ratio, whichever is
greater, with at least one staff employee,
are required)
• Attending program-related sporting
activities with groups of youth (parental
approval and a minimum of two Staff or
the number of Staff required to satisfy the
program standard Staff/youth ratio,
whichever is greater, with at least one staff
employee, are required)
• Visiting a youth at the youth’s home for
program-related reasons, with the parents
present at all times
• Taking one youth on an outing
• Visiting a youth, whether in the youth’s
home or elsewhere, without a parent or
approved adult guardian present
• Hosting one or more youth in the home of
Staff
• One or more youth spending the night with
Staff
• Transporting youth in a personal vehicle
(except in a true emergency situation with
prior notice to the program supervisor
wherever practical and, if not practical,
notice to the program supervisor as soon as
practical)
E. Electronic Communications and Use of Electronic
CommunicationDevices
Any private electronic communication between Staff and youth, including private communications through social media (e.g., Facebook, Instagram, Snapchat) is prohibited. All electroniccommunication between Staff and youth must be publicly viewable (i.e., accessible to program supervisors and the youth’s parents) and/or copied to a program supervisor and/or the youth’s parents.In addition, all electronic communications between Staff and youth must comply with the guidelines for verbal interactions set forth in section B above.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 569 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 25 Exhibit D
The following are examples of appropriate and inappropriate electronic communication:
Appropriate Electronic Communication Inappropriate Electronic Communication
• Sending and replying to emails and text
messagesfrom youth ONLY whencopying
a program supervisor and/or the youth’s
parents
• Communicating through “organization
group pages” on Facebook or other
approved public forums
• Posting harsh, coercive, threatening,
intimidating, shaming, derogatory,
demeaning or humiliating comments on
social media sites
• Posting sexually oriented comments on
social media sites
• Private emails or text messages
between Staff and youth (whether using
Staff’s personal email or phone or a
City-issued email or phone)
• Posting pictures of program
participants on any non-program social
media sites
• “Friending” or messaging youth on
social media sites, through online
gaming sites, or through other online
mechanisms
• Providing youth with a personal email
address, personal phone number, or
other personal contact information
• Calling youth at home or on their cell
phone, except for program related
purposes
Use of electronic communication devices (whether personal or provided by the City) to engage in any inappropriate electronic communication with a program youth shall be grounds for discipline up to and including termination of employment.
F. Gift Giving
Molesters routinely groom youth by giving gifts, thereby endearing themselves to the youth, and instruct the youth to keep the gifts a secret, thereby teaching the youth to keep secrets from the youth’s parents. For these reasons, Staff are prohibited from giving gifts (including gifts of food) to any youth.
This prohibition applies even if Staff believe the items they are giving to a youth are needed by that youth. Thus, for example, even if Staff believes a youth needs shoes, clothing, or food, Staff may not personally provide the youth with shoes, clothing, or food. Any gifts to youth must be approved by and come from the program, not individual Staff.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 570 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 26 Exhibit D
II. Monitoring and Supervision
When Staff are adequately supervised, potential offenders are less likely to act on their impulses because they face detection. When youth are adequately supervised, they too are less likely to engage in inappropriate interactions with others. Similarly, the physical plant must be monitored, particularly out-of-the-way locations or locations that might permit an offender undue access to or privacy with a youth. Set out below are standards for programs to follow to ensure adequate monitoring and supervision.
A. Facility Monitoring
Building architecture can increase or mitigate the risk of an incident or accident. Because most incidents of abuse occur in private, to the extent privacy is managed, risk is managed. To ensure that all of the locations are properly and consistently monitored, the City’s Child Protection Officer (or designee as approved by the Child Protection Committee) shall conduct regular reviews of all locations used by the program.
B. General Supervision
Programs must put in place general supervision procedures that comport with the following:
Supervisor Visits to Youth Programs: Supervisors will regularly (not less than quarterly) visit all youth programs to ensure that all activities are well- managed and that youth policies are observed by all in attendance.
Check-In/Roll Call Procedures: Each program must put in place procedures (which will be sitespecific) to monitor and document who has access to youth while the program is providing services to youth. For some programs, this may require a facility check-in sheet at or near the facility’s entrance.
For other programs, this may require a program instructor to maintain a roll-call of participants with spaces for volunteers and others assisting with the program to sign in. Each program will need to consider how best to control and limit access to youth during program participation and how best to monitor and document those having such access.
Staff-to-Youth Ratios- Each program will establish and follow requirements for Staff-to-youth ratios that are appropriate to the goals of the program and the design of the program area and that comply with any local licensing requirements and best practice guidelines for the particular type of program.
The Staff-to-youth ratio should be adjusted (in accordance with any local licensing requirements and best practice guidelines) for programs that serve youth with special needs.
Mixed Age Groups- In most incidents involving one youth abusing another youth, the youth are from different age groups. Each program is responsible for establishing specific guidelines for additional monitoring and supervision of activities that involve youth from different age groups. Staff must be made aware that close line of sight supervision is required when monitoring programs that mix age groups.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 571 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 27 Exhibit D
C. Monitoring Youth in Program Facilities
Programs must implement practices for monitoring program youth that comply with all of the following:
1. A parent or legal guardian must complete a participant application which includes identifyinginformation, the youth’s date of birth, and emergency contact information.
2. Programs should establish procedures (e.g., sign-in/sign-out sheets, instructor roll calls) sufficient to ensure that: (a) for all times youth are under direct supervision (see below), the theprogram has a record of the youth who are participating in the activity that is subject to direct supervision; and (b) for all times youth are using authorized areas within a facility under indirect supervision (see below), the program has a record of the youth who are using the authorized areas within the facility.
3. Programs must establish procedures to ensure that, while in the program facility, youth are supervised, either directly or indirectly.
a. Direct supervision: The program may offer structured, scheduled activities like basketballtournaments, swimming classes, arts and crafts activities, etc. These activities should haveone or more Staff assigned to lead and supervise, in accordance with the program’s Staff-to-youth ratio requirements. b. Indirect supervision: The program may designate certain facility areas as authorized areas.For example, authorized areas could include a gymnasium, a game area, a playground area,or a classroom for doing homework. Authorized areas must be easily visible and routinelyand systematically checked by Staff. Youth should know that they will be supervised by Staff at all times, and all Staff should know which areas are authorized for indirect supervision. Programs must implement indirect supervision standards for all authorized areas that include at least the following: (i) how frequently and for how long authorized areas will be monitored by Staff; (ii) specific assignments of Staff to have supervision responsibilities over the authorized areas; and (iii) documentation of the scheduled periodicmonitoring of these areas. c. Programs must ensure that Staff are on notice of the need for close line of sight supervisionof any group that includes youth below the age of 12, or 7th grade.
4. Programs must establish procedures for monitoring high risk areas (e.g., bathrooms, locker rooms, unused rooms, and other high risk areas identified by the periodic program site locationreview) that include at least: (a) designation of specific Staff to supervise these areas; (b) scheduled periodic monitoring of these areas; and (c) requirements for Staff to contemporaneously record when and for how long they monitor these areas.
5. Programs must require all program Staff to wear nametags or other identifying clothing so thatyouth can easily recognize them as Staff. Where possible, nametags or other identifying clothing should enable easy differentiation among staff employees, staff volunteers, and contractors.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 572 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 28 Exhibit D
6. Programs must train all Staff:
a. to greet youth that enter the facility; to direct youth to structured activities or authorized areas; and, to redirect youth who are not in an authorized area or who are not participatingin a structured activity;
b. to be aware of the risks involved with mixing age groups and how to monitor activities involving mixed age groups;
c. to routinely monitor high risk areas even if not specifically designated to do so.
D. Monitoring High Risk Activities
1. Bathrooms
Many incidents of youth-to-youth abuse occur in bathrooms. Programs must establish proceduresfor monitoring bathroom activities that comply with the following:
a. For “Group Bathroom Breaks”:
• Require Staff to take groups of two or more youth to the bathroom. • An adult Staff member should enter and check the bathroom before youth are allowedto enter. • If the bathroom only has one stall, only one youth should enter the restroom while theothers wait outside with Staff.
• If there are multiple stalls, only send in as many youth as there are stalls. • Minimize youth of different ages using the bathroom at the same time. • Require Staff to stand outside the bathroom door but remain within earshot with thedoor ajar.
b. For single use restrooms:
• Require youth to ask permission to use the bathroom.
• Require all Staff to frequently check bathrooms.
c. To the extent practical, prohibit Staff from using the bathroom at the same time as youth. If this cannot be done due to facility limitations, ensure that bathroom doors remain open while Staff use a stall.
If presence in a stall with a youth is required (e.g., to assist a youth with a disability), Staffmust keep the door to the stall open with another Staff in sight.
2. Locker Rooms
Programs must establish locker room procedures that comply with the following:
a. Staff must stand within earshot of the locker room when in use by youth.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 573 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 29 Exhibit D
a. Staff must intermittently and briefly check inside the locker room so youth know the lockerroom is monitored.
b. Discourage the use of locker rooms by youth of different ages at the same time; if youth ofdifferent ages must use the locker room at the same time, increase the frequency of checksinside the locker room.
c. Prohibit the use of locker room horseplay such as towel snapping. d. When possible, arrange lockers to minimize unnecessary privacy. e. When possible, require Staff and youth to use the locker room at different times.
3. Showers
Programs must establish procedures for showers that comply with the following:
a. Staff and youth must shower at different times. Shower schedules should be created to permit supervision of youth while Staff shower.
b. While youth shower, at least one Staff should stand in the bathroom doorway and within earshot of the youth.
c. Ensure that only one youth isin each shower. Where possible, programsshould use showercurtains that do not go all the way to the floor, so that Staff can easily see how many youthare in each shower stall.
4. Transition Times and Free Times
Transition times and free times pose a high risk for incidents because during these times, Staff maynot be assigned a particular group of youth to supervise. To decrease the risk of incidents, programsmust establish procedures for transition times and free times that comply with the following:
a. Require youth to remain in line-of-site of Staff at all times. b. Specify Staff-to-youth ratio for these times.
c. Define authorized areas for use during these times.
d. Ensure that Staff are assigned specific zones within the authorized areas to supervise. e. Ensure that bathroom procedures continue to be followed during these times. f. Require supervisors to conduct periodic check-ins and sweeps of the entire activity area, including both authorized and non-authorized areas.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 574 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 30 Exhibit D
5. Playground Activities
Programs must establish procedures for playground activities that comply with the following:
a. Require youth to remain in line-of-site of Staff at all times. b. Specify Staff-to-youth ratios for these activities.
c. Define specific narrow boundaries around the playground area to define the authorized areafor use.
d. Provide Staff with specific instructions on how to monitor barriers to supervision (such asstorage sheds, playhouses, tunnels, and shrubs). e. Ensure that Staff are assigned specific zones within the authorized area to supervise. f. Ensure that bathroom procedures continue to be followed during playground activities. g. Require supervisors to conduct periodic check-ins and sweeps of the entire playground area, including both authorized and non-authorized areas.
6. Transportation Activities
Programs must establish procedures for transportation activities that comply with the following:
a. Require written parent permission forms and medical releases from all youth on the trip. Staff must take these permission forms and medical releases with them on the trip.
b. Require Staff to have a list of youth on the trip. Require Staff to take roll when boarding the bus/other transport, when leaving the bus/other transport, and periodically throughout the trip.
c. Specify Staff-to-youth ratios. When possible, do not count the driver in the supervision ratio.
d. Require Staff to sit separately and in seats that provide sight lines throughout the bus/othertransport and permit maximum supervision.
e. Prohibit drivers from making unauthorized stops.
f. Require Staff to document the beginning and ending time of the trip and the mileage, namesof youth being transported, and destination.
g. Require written documentation of any unusual occurrences during transportation.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 575 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 31 Exhibit D
When public transportation is used, in addition to the procedures listed above, procedures shouldcomply with the following:
a. Require youth to remain in one area of the bus/other public transport, if possible. b. Require Staff assigned to a group to remain with that group on the bus/other public transport in a position where all youth in the group can be observed. c. Require Staff to take a head count or call roll immediately after entering and leaving the bus/other public transport.
d. Staff should never transport youth in non-organization vehicles except in an emergency situation. If such transport occurs: (a) the youth must be transported directly to the emergency destination without any unauthorized stops; (b) Staff must immediately notify administratorsin writing, identifying the youth transported, the beginning and ending timesof transport, the mileage, the emergency that necessitated the transport, and any unusual events that occurred during the transport.
7. Off-Site Activities
Programs must establish procedures for off-site activities that comply with the following:
a. Staff must obtain written supervisor approval for all off-site activities. b. Staff must obtain written parental approval for all off-site activities. c. Staff-to-youth ratios must be appropriate to off-site activities (these may vary depending on the particular off-site activity).
d. Staff and youth must be easily identifiable to each other while engaged in the offsite activity. e. Include specific bathroom and locker room procedures as applicable to the off-site activity. f. Require strict compliance with transportation activity requirements above while traveling to and from the off-site activity and while engaged in the off-site activity. g. A supervisor must observe the off-site activities at scheduled times and random intervals. h. Require adoption of additional procedures as appropriate to a particular location and type of activity (for example, Amusement parks, Water Parks, Arcades), and ensure that Staff are advised of any additional procedures. Such procedures may include, but are not limitedto, assigned groups, scheduled itineraries, continuous roll calls or head counts, and group bathroom breaks.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 576 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 32 Exhibit D
8. Overnight Activities
Overnight stays present unique risks to youth and Staff because they often involve changing clothes, groups of both genders and different ages in a more intimate atmosphere than usual, moreunstructured activities, and increased supervision demands for Staff.
Programs must establish procedures for overnight activities that comply with the following:Supervision Guidelines:
a. All overnight activities must be documented and approved in writing by the program manager, program administrator, or division manager. b. The program manager, program administrator, or division manager must regularly and randomly observe overnight activities on a scheduled and periodic basis. c. The program manager or program administrator must appoint a “lead” Staff to supervise the overnight.
d. The program manager or program administrator and lead Staff must determine the appropriate Staff-to-youth ratios before the overnight activity and schedule Staff accordingly.
e. The lead Staff must conduct a pre-trip meeting with all Staff assigned to the trip to discussand review the unique risks of overnight trips, unique elements of the specific overnight trip, and specific policies and procedures that govern overnight trips.
f. Provide parents with written information about the overnight activity and the name and contact information for the lead Staff. Require all parents to sign a permission slip for theirchildren to attend the overnight. Lead Staff should consider conducting a pre-trip meetingwith parents as well.
Overnights at the Program Facility:
a. Physical boundaries within the program facility, including authorized and unauthorized areas, must be clearly defined and explained to the youth. b. At least two Staff must be present throughout the overnight stay. Assign each Staff to a specific group of youth to supervise. Each Staff must maintain a roll sheet that lists all ofthe youth in his or her group and must conduct head counts and roll checks routinely throughout the evening.
c. Assign Staff to high risk areas within the program facility, such asthe bathrooms, entrancesand exits, and hallways. If it is not possible to assign specific Staff to these areas, assign specific Staff to conduct periodic facility “walk-throughs” that include DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 577 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 33 Exhibit D
these areas.
d. With regard to sleeping arrangements, separate male and female youth into separate roomsand post Staff at the entrances and exits to these rooms. If this is not feasible, separate male and female youth by as much space as possible. e. Require Staff to perform periodic random room checks. When performing room checks, Staff should always go in pairs.
f. All Staff are to be on duty at night until an hour after lights out and all youth are quiet.
Overnights Away from the Facility:
a. Overnight stays at private homes are prohibited unless approved in advance in writing by the program manager and program administrator. b. Physical boundaries at the off-site location, including authorized and unauthorized areas, must be clearly defined and explained to the youth. c. At least two Staff must be present throughout the overnight stay. Assign each Staff to a specific group of youth to supervise. Each Staff must maintain a roll sheet that lists all ofthe youth in his or her group and must conduct head counts and roll checks routinely throughout the evening.
d. Assign Staff to high risk areas within the off-site location, such as the bathrooms, entrancesand exits, and hallways. If it is not possible to assign specific Staff to these areas, assign specific Staff to conduct periodic facility “walk-throughs” that include these areas.
e. With regard to sleeping arrangements, separate male and female youth into separate roomsand post Staff at the entrances and exits to these rooms. If this is not feasible, separate male and female youth by as much space as possible. o If in a cabin type setting, Staff should be placed in bunks to maximize supervisionaround the cabin, provide sight lines to all exits, and decrease the chances of youthsneaking out.
o In hotels/motels, assign youth to rooms based on sex and age. Staff should have their own rooms. If Staff must share rooms with youth, Staff must have their ownbeds and never change in front of youth.
f. Require Staff to perform periodic random room checks. When performing room checks, Staff should always go in pairs.
g. All Staff are to be on duty at night until an hour after lights out and all youth/rooms are quiet.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 578 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 34 Exhibit D
9. Teen Leadership Program/Counselors in Training Program Staff must understand that older youth who participate in teen leadership programs are still youth and not Staff. Even though they are often given more responsibility, teens in the leadership programs must be provided with guidelines regarding appropriate behavior, and then supervised accordingly.
Programs must establish procedures for teen leadership programs that comply with the following:
a. Create a screening process for teen leaders that includes • A standard application
• An interview
• References (from teachers, counselors, family friends, etc.) b. Train teen leaders in their roles in programs and on program policies about appropriate and inappropriate interactions. This training should include the following information:
• Appropriate and inappropriate physical and verbal interactions. • The importance of maintaining behavioral boundaries between teen leaders andyounger youth and between teen leaders and Staff.
• Prohibiting teen leaders from being one-on-one with youth. • Prohibiting teen leaders from escorting youth to the bathrooms. • Prohibiting teen leaders from assisting youth with changing their clothes. c. Create a system to monitor the teen leaders.
• Designate specific Staff to be in charge of the teen leadership program and itsparticipants. • Require teen leaders to wear clothing or lanyards that identify them as leaders-in- training and differentiate them from both Staff and other program youth. • Require a supervisor to conduct regular periodic check-ins with teen leaders and theirStaff supervisors.
• Require teen leaders to keep a log documenting their program activities and any problems they encounter. The Staff supervisor should review these logs on a regular periodic basis.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 579 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 35 Exhibit D
Exhibit C
C. STANDARDS FOR RESPONDING TO SUSPECTED ABUSE OR NEGLECT OR
SUSPICIOUS OR INAPPROPRIATE CONDUCT
The following standards apply to all staff employees, staff volunteers, and contractors (collectively “Staff”)for any City-managed youth program. All Staff are expected to act conscientiously to exemplify the highestethical standards. Accordingly, all Staff must at all times comply with all of the following standards for responding to suspected abuse or neglect or suspicious or inappropriate conduct.
A. Responding to Suspected Child Abuse or Neglect
1. California’s Mandatory Reporting Requirements for Suspected Abuse or Neglect California law defines mandated reporters to include any “employee of a public or private organization whose duties require direct contact and supervision of children.” California Penal Code 1165.7(a)(8). California law requires such employees to make a report to a county welfare department, here the Department of Children and Family Services (“DCFS”) or a local police department, here the Santa MonicaPolice Department (“SMPD”), whenever the mandated reporter “within the scope of his or her employment,has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has beenthe victim of child abuse or neglect.” California Penal Code 11166(a), 11165.9. The initial report must be made immediately, or assoon as is practicably possible, by telephone, and a written report must be preparedand electronically transmitted to DCFS or SMPD within 36 hours. California Penal Code 11166(a). DCFSand SMPD have obligations to cross-report to each other. California Penal Code 11166(j), (k).
Volunteers of public or private organizations whose duties require direct contact with and supervision of children generally are not mandated reporters, but are “encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known orsuspected instancesof child abuse or neglect” just as employees are required to do by law.
California Penal Code 11165.7(b).
As a matter of policy, the City will provide all Staff with training regarding the mandated reporting dutiesimposed by California law, and will expect all Staff to make reports of suspected child abuse or neglect inaccordance with the requirements imposed by California law on mandated reporters.
For purposes of mandatory reporting requirements, California Penal Code 11165.6 defines “child abuse orneglect” to include “physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 111165.1, neglect as defined in Section 111165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4.”
Section 11165.1 defines sexual abuse as including, but not limited to, all of the following:
penetration, however slight, of the vagina or anal opening of one person by the penis of another person; sexual contactbetween the genitals or anal opening of one person and the mouth or tongue of another person; intrusion byone person into the genitals or anal opening of another person, including the use of an object for this purpose(with an exception for acts performed for a valid medical purpose); 0intentional touching of the genitals orintimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing coveringthem, of a child, or of the DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 580 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 36 Exhibit D
perpetrator by a child, for purposes of sexual arousal or gratification; intentionalmasturbation of the perpetrator’s genitals in the presence of a child; depicting a child in, or accessing through any electronic or digital media, any image in which a child is engaged in an act of obscene sexual conduct; sexual trafficking of a child; and the provision of food, shelter, or payment to a child in exchangefor the performance of any sexual act described above.
Section 111165.2 defines neglect to mean “the negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s health or welfare” including “both acts and omissions on the part of the responsible person.” It includes both the intentional and negligent failure by a person having care or custody of a child to “provideadequate food, clothing, shelter, medical care, or supervision,” whether or not any physical injury to the child has occurred.
Section 11165.3 defines the willful harming or injuring of a child or the endangering of the person or healthof a child to mean “a situation in which any person willfully causes or permits any child to suffer, or inflictsthereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfullycauses or permits the person or health of the child to be placed in a situation in which his or her health is endangered.” Willful harming can occur without actual physical injury.
Section 11165.4 defines unlawful corporal punishment or injury to mean “a situation where any person willfully inflicts upon any child any cruel orinhuman corporal punishment orinjury resulting in a traumaticcondition.”
If Staff have a question whether conduct observed or alleged rises to the level of child abuse or neglect asdefined by these statutes, they should report the conduct to and consult with a supervisor, program manager, program administrator, or division manager. If after this consultation Staff still have a questionwhether conduct observed or alleged rises to the level of child abuse or neglect as defined by these statutes, Staff should report the conduct to DCFS for further guidance. Supervisors are prohibited by lawfrom impeding Staff from reporting to DCFS.
California Penal Code 11166(i). Supervisors also may notdirect Staff to allow the supervisor to report to DCFS instead of Staff. Id.
2. Staff Response to Suspected Abuse or Neglect:
As required by mandated reporting laws and City policy, all Staff must immediately (or as soon as practically possible) report any suspected abuse or neglect of a youth—whether on or off organization property or whether perpetrated by Staff or others—to DCFS or SMPD. If the situation is urgent or there isan immediate safety threat, Staff should call SMPD. A person who mistakenly reports suspected abuse or neglect is immune from civil or criminal liability unless it can be proven that the reporter knew the report was false or that the report was made with reckless disregard for its truth or falsity. California Penal Code11172.
For Los Angeles County, a report to DCFS may be made by phone at 800-540-4000; the required follow- up written report to DCFS should be made online using the Suspected Child Abuse Report (SCAR) Form (Cal DOJ Form BCIA 8572) at https://mandreptla.org/cars.web/. A sample of the form is attached to theseStandards as Attachment 1. Staff may wish to complete the form before making the required phone reportso that all information is available during the call.
In addition to reporting to DCFS or SMPD, Staff are required to report any suspected or known abuse or neglect of youth, whether perpetrated by Staff or others, directly to a program supervisor so that immediateand proper steps may be taken to ensure the safety of alleged victims and others who may be at risk. Reportsof suspected or known abuse or neglect may be made confidentially to DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 581 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 37 Exhibit D
the following:
a. Immediate supervisor
b. Program Manager and/or Program Administrator
c. Division Manager
Additional Guidelines for Staff Response to Suspected Abuse or Neglect
• If you witness abuse or neglect, interrupt the behavior immediately. • If abuse or neglect is disclosed to you, assure the individual disclosing that he or she was correct to tell you.
• Protect the alleged victim from intimidation, retribution, or further abuse. • Immediately, or as soon as practicably possible, report the allegation or incident to DCFS or SMPD by phone and to your program supervisor. Be sure to get a case number and the name and contact information of the DCFS or SMPD representative with whom you speak.
• Be sure to document the incident, disclosure, or any circumstances causing your suspicion of abuse or neglect. State only the facts. • It is not your job to investigate the incident but it IS your job to report the incident to your supervisor, program manager, program administrator, or division manager in a timely manner.
• Check back to make sure appropriate steps were taken. If not, report again to your supervisor, program manager, program administrator, or division manager.
3. Supervisor and Department Response to Suspected Abuse or Neglect:
If a supervisor, program manager, program administrator, or division manager receives a report of abuse orneglect, they must do the following:
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 582 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 38 Exhibit D
Guidelines for Supervisor and Department Response to Suspected Abuse or Neglect
• First, determine if the youth is still in danger and if so, take immediate steps to prevent any further harm.
• Report to the next level of management and determine the appropriate level of management (supervisor, program manager, program administrator, or division manager) to respond to the report. • Gather as much information about the allegation as you can. For example, who made the report, who was allegedly abused, who was the alleged abuser, what was the nature of the alleged abuse, where and when did the alleged abuse occur, etc.
• Accurately record everything you learn in as much detail as you can.
Remember your notes may be read by others. Stick to the facts. • Make sure that a report was made to DCFS or SMPD, and, if not, contact DCFS or SMPD, which are the agencies to which mandatory reports must be directed. Make sure you get a case number and the name and contact information of the SMPD Officer with whom you speak.
• If the alleged abuse or neglect involves Staff, review the file of the Staff who has been reported to determine if similar complaints were reported.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 583 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 39 Exhibit D
4. City Response (Child Protection Officer and Child Protection Committee):
Guidelines for Organizational Response
• Review the need for increased supervision.
• Review the need for revised policies or procedures.
• Review the need for additional training.
• Review the need for discipline up to and including termination in accordance with the City’s progressive disciplinary process. • Advise the Department that reported the issue of any additional actions that should be taken.
B. Responding to Suspicious or Inappropriate Conduct
Because the City is dedicated to maintaining zero tolerance for abuse, it is imperative that all Staff activelyparticipate in the protection of youth. If Staff observe any suspicious or inappropriate conduct or violationsof standards on the part of other Staff, it is their personal responsibility to immediately report their observations.
Examples of Suspicious or Inappropriate Conduct Between Staff and Youth
• Violation of the abuse prevention standards described in the City’s Standards for City-Managed Youth Programs
• Seeking private time or one-on-one time with youth
• Buying gifts for individual youth
• Making suggestive comments to youth
• Picking favorites among youth
• Work with your program administrator, division manager, or department leadership and the City’s Human Resources Department to determine whataction with respect to the accused Staff should be taken while the investigation is completed.
• Advise the person who reported the behavior that the report is being takenseriously.
• Ensure that department leadership is advised of the allegation or incident and the steps taken in response.
• Department leadership shall ensure that a summary of the report and the actions taken in response to the report is provided to the Child Protection Officer for review by the Child Protection Officer and the Child ProtectionCommittee. A form for this purpose is attached to these standards as Attachment 2.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 584 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 40 Exhibit D
All reports of suspicious or inappropriate conduct with youth will be taken seriously. City procedures willbe carefully followed to ensure that the rights of all those involved are protected.
The reporting procedures below apply whether or not the conduct observed risesto the level of child abuseor neglect, as defined by California’s mandatory reporting statutes. What constitutes child abuse or neglectfor purposes of triggering mandatory reporting requirements under California’s mandatory reporting statutes is discussed in Section A above, which lays out the additional mandatory reporting requirements (including an immediate report to DCFS or SMPD) when Staff become aware of conduct they suspect risesto the level of child abuse or neglect (as defined by statute).
Reporting conduct that does not rise to the level of suspected child abuse or neglect:
1. Staff Response:
If Staff observes suspicious or inappropriate conduct or violations of standards by another Staff or by non-Staff, or receives a report of such behavior from either Staff or non-Staff, Staff must do the following:
Guidelines for Staff Response to Suspicious or Inappropriate Conduct or Standards Violations
• Interrupt the behavior immediately.
• Report the behavior to their supervisor, the program manager, program administrator, division manager, or department leadership. • If the report is about a supervisor, make the report to the program manager or higher level of management. If the report is about a program manager, make the report to the program administrator or higher level of management. In general, the report should be made a level of management above that of the individual to whom the report pertains. • Document the report but do not conduct an investigation. • Keep reporting until the appropriate action is taken. • Communicating privately with youth on social media or through email orphone (whether using Staff’s personal email or phone or a City-issued email or phone)
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 585 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 41 Exhibit D
2. Supervisor and Department Response:
If a supervisor, program manager, program administrator, or division manager receives a report ofsuspicious or inappropriate behavior or violations of standards, they must do the following:
Guidelines for Supervisor and Department Response to Suspicious or Inappropriate Conduct or Standards Violations
• Report to the next level of management and determine the appropriate level of management (supervisor, program manager, program administrator, or division manager) to respond to the concern.
• Determine the appropriate response based on the report. • If the report relates to Staff, review the file of the Staff who has been reported to determine if similar complaints were reported. • Document the report on the appropriate form.
• If at any point in gathering information about a report of suspicious or inappropriate behavior, a concern arises about possible child abuse or neglect, contact DCFS or SMPD and file a report.
• If appropriate, notify parents and/or guardians.
• Advise the person who reported the behavior that the report is being taken seriously.
• Ensure that Department leadership is advised of the report and the actions taken in response to the report.
• Department leadership shall ensure that a summary of the report and the actions taken in response to the report is provided to the Child Protection Officer for review by the Child Protection Officer and the Child Protection Committee. A form for this purpose is attached to these standards as Attachment 2.
Based on the information gathered, the following may be required:
a. Increase monitoring or supervision of Staff or the program. b. If standards violations with youth by Staff are confirmed, Staff must be subject to disciplinary action up to and including termination and prosecution. Disciplinary action will follow the City’s progressive disciplinary process in consultation with Human Resources.
c. If more information is needed, interview and/or survey other Staff, youth, and parents.
3. City Response (Child Protection Officer and Committee):
Guidelines for Organizational Response
• Review the need for increased supervision.
• Review the need for revised policies or procedures.
• Review the need for additional training.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 586 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 42 Exhibit D
C. Responding to Youth-to-Youth Sexual Abuse and Sexual Behavior The thought that one youth may sexually abuse another youth does not occur to many people.
Unfortunately,abuse between peers has increased significantly over the past few years.
1. Youth-to-Youth Interactions:
Mostseriousincidents of youth-to-youth abuse are preceded by more subtle incidentssuch as namecalling, taunting, or roughhousing. Interrupting these interactions early and establishing and communicating standards of conduct can keep the program environment safe. Accordingly, the following high-risk youth-to-youth interactions are prohibited during program participation and must be promptly addressed and reported by Staff:
Most serious incidents of youth-to-youth sexual abuse are preceded by inappropriate sexual behaviors. Interrupting these behaviors early and establishing and communicating standards of conduct can keep the program environment safe. Accordingly, the following youth-to-youth sexual behaviors are prohibited during program participation and must be promptly addressed and reported by Staff:
Prohibited Youth-to-Youth Sexual Behaviors
• Inappropriate touching
• Exposing body parts
• Using inappropriate sexual language
• Making threats of sexual activity
• Engaging in sexual activity
• Review the need for discipline up to and including termination in accordance with the City’s progressive disciplinary process. • Advise the Department that reported the issue of any additional actionsthat should be taken.
Hazing
Bullying
Derogatory name-calling
Games of Truth or Dare
Singling out one child for different treatment
Ridicule or humiliation
Prohibited High-Risk Youth-to-Youth Interactions
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 587 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 43 Exhibit D
2. Staff Response:
If Staff observe prohibited youth-to-youth high-risk interactions or prohibited youth-to-youth sexual behaviors, they are instructed to follow these guidelines:
Guidelines for Staff Responding to Youth-to-Youth High-Risk Interactionsor Sexual Behaviors
• If you observe high-risk interactions or sexual behaviors between youth, you should immediately separate them.
• Calmly explain that such interactions/behaviors are not permitted and separate the youth.
• Notify your supervisor and provide a summary of what you observed and how you responded.
• Follow your supervisor's instructions regarding notifying the authorities and informing the parents of the youth involved.
• If you believe the conduct rose to the level of suspected sexual abuse, comply with the reporting requirements for suspected abuse set forth in Section A above.
3. Supervisor and Department Response:
If a supervisor, program manager, program administrator, or division manager receives a report of prohibited you-to-youth high-risk interactions or prohibited youth-to-youth sexual behaviors, they should do the following:
Report to the next level of management and determine the appropriate level of management (supervisor, program manager, program administrator, or division manager) to respond to the concern.
Meet with Staff who reported the high-risk interaction or sexual behaviorto gather information.
Confirm that the youth involved have been separated or placed underincreased supervision.
Review the steps taken by Staff.
Review the incident report to confirm it is accurate and thorough.
Meet with parents of the youth involved.
Determine actions needed to make sure there is no recurrence, including assessing the suitability of the program for the youth involved anddetermining whether removal from the program is appropriate.
Guidelines for Supervisor and Department Response to
Youth-to-Youth High-Risk Interactions or Sexual Behaviors DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 588 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 44 Exhibit D
Based on the information gathered, the following may be required:
a. Review the need for additional supervision
b. Review the need for revised policies or procedures
c. Review the need for additional training
d. Alert others in the organization
4. City Response (Child Protection Officer and Child Protection Committee):
After the internal review of the high-risk youth-to-youth interaction or youth-toyouth sexual behavior, theorganization will determine what can be done to prevent a reoccurrence, such as:
Guidelines for Organizational Response
• Review the need for additional supervision.
• Review the need for revised policies or procedures.
• Review the need for additional training.
• Alert others in the organization.
• Advise the department that reported the behavior of any additional actions that should be taken.
• Advise the Staff that reported the behavior that the report is being taken seriously.
• Ensure that department leadership is advised of the report and the actionstaken in response to the report. A form for this purpose is attached to these standards as Attachment 2.
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 589 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 45 Exhibit E
Exhibit E
COVID Vaccination Policy
THIS COVID-19 ATTESTATION MUST BE EXECUTED & SUBMITTED TO CITY AND MADE PART OF AGREEMENT NO. 4938
Contractor attests that all of Contractor’s personnel and subcontractors assigned to perform the Services who will either visit or work in City of Santa Monica facilities, or interact with either City of Santa Monica employees or residents, in the course of performing said Services shall be fully vaccinated as defined in the City’s COVID-19 Vaccination Policy (“VP”), a copy of which is attached as Exhibit E to the Agreement under which Contractor, Contractor’s personnel, and/or subcontractors will perform the Services.
Contractor further attests that such personnel and subcontractors have produced to Contractor one of the forms of documentation set forth in the VP. Contractor shall maintain the underlying documentation establishing that such personnel and subcontractors are fully vaccinated and supporting the attestation for the term of the Agreement. Contractor agrees that Contractor will make such documentation available to the City for inspection on demand. Contractor agrees that it will obtain written authorizations from personnel and subcontractors prior to submitting the documentation to City.
Contractor further understands and agrees that failure to comply with the VP, or to permit the City to inspect the documentation to verify compliance with the VP within 10 days after the City’s written request for such documentation, shall constitute a breach of the Agreement and will be grounds for termination.
The undersigned, on behalf of himself or herself individually and on behalf of Contractor, hereby attests that he or she has read and understands the VP and its applicability to the Agreement.
The undersigned further attests that he or she is authorized to execute this attestation on behalf of Contractor.
#
By: ____________________________________
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554 6/25/2022
Damian Mooney
5.O.j
Packet Pg. 590 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 46 Exhibit E
COVID-19 VACCINATION POLICY
1. Purpose
The purpose of this policy is to provide City employees with a safe work environment and to protect the health and safety of both City employees and the public we serve, during the ongoing local emergency occasioned by the threat to public health and safety posed by COVID-19. To achieve that purpose, the City is requiring that City employees, volunteers (including interns or externs), members of City Boards, Commissions, and Task Forces, and certain contractors be vaccinated for COVID-19.
2. Preamble
The City Manager first declared a state of local emergency on March 13, 2020. Since then, the City Council has ratified the declaration of a local emergency on multiple occasions, the most recent of which was July 13, 2021.
In addition, the states of emergency declared at the county, state, and national level because of COVID-19 all remain in place.
Over the course of the emergency, the Los Angeles County Department of Public Health has issued a series of health orders imposing risk reduction measures to address the COVID-19 emergency. The most recent, issued August 16, 2021, recognizes, among other things:
• Since June 15, 2021, when many restrictions imposed by the state and County were lifted, “community transmission of COVID-19 in Los Angeles County has rapidly increased from Low to High.”
• COVID-19 daily cases are now increasing; on August 13, 2021 alone, Los Angeles County reported 3,810 new cases. As of August 6, 2021, Los Angeles County is also reporting a 7-day daily average case rate of 29.1 cases per 100,000 people, without a 7-day lag. The test positivity rate and number of hospitalizations have also dramatically increased. This indicates a continued and high risk of COVID-19 infection for the unvaccinated. This also means that community transmission of COVID-19 within Los Angeles County is highly likely to increase during the coming days and weeks.
• Currently, the Delta variant is predominant in Los Angeles County. The Delta variant is two times more contagious than earlier COVID-19 variants and continues to lead to increased infections.
• At this time, the current COVID-19 vaccines (the Moderna two-dose and Johnson & Johnson single-dose vaccines approved under the Food and Drug DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 591 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 47 Exhibit E
Administration’s (“FDA”) Emergency Use Authorization (“EUA”) approval process and the Pfizer BioNTech two-dose vaccine approved under the FDA’s Biologics License Application (i.e., general use) (“BLA”) approval process) are effective at helping to reduce the risk of getting and spreading the infection and also of getting seriously ill, even if a fully vaccinated person gets COVID-19, and even against the current variants of the virus that causes COVID-19. Although no vaccine is 100% effective at preventing illness in vaccinated people, the currently authorized COVID-19 vaccines remain the best form of protection against COVID-19.
On August 12, 2021, the Los Angeles County Department of Public Health issued a health order requiring vaccination of health case workers. This order recognizes, among other things:
• The spread of COVID-19 remains a substantial danger to the public. • The Delta variant has become the dominant strain of COVID-19 virus in the County and is much more contagious that previous strains of COVID-19. • Vaccination against COVID-19 is the most effective means of preventing infection with the COVID-19 virus, with the risk of infection reduced by 70% to 95%. Vaccination also appears to reduce the chance of transmission by an infected vaccinated person by 40% to 60%.
• Unvaccinated persons are more likely to get infected and spread the virus. Over 90% of current hospitalizations and deaths are among unvaccinated persons.
Since July 30, 2021, COVID-19 cases and hospitalizations in Los Angeles County have continued to increase. For a recent reporting period, the weekly case average was 3,455 (a 58.6% increase over the last reporting period) and the number of hospitalizations was 1,503 (a 68.6% increase).
In response to the continuing rapid increase in COVID-19 transmission, including that due to the Delta variant, many public employers have adopted mandatory vaccination policies. Among the local public employers implementing such policies are: Los Angeles County, which requires all County employees to be vaccinated by October 1, 2021; the University of California and the California State University systems, both of which require all employees and students to be fully vaccinated; and the City of Pasadena, which is requiring all city employees to be fully vaccinated by no later than September 17, 2021. Furthermore, on August 12, 2021, the Los Angeles County Department of Public Health issued an order requiring health care workers, including doctors and medical assistants, dentists and dental assistants, pharmacists, EMTS, EMT-paramedics, and home health aides to be fully vaccinated by September 30, 2021.
A continued increase in the vaccination rate is paramount to stem the continuing rapid increase in COVID-19 transmission. Currently authorized vaccines have proven effective at preventing severe outcomes from the virus causing COVID-19, including the Delta variant. COVID-19 vaccines are free, safe, and widely available. Getting vaccinated is one of the most important ways to help stop COVID-19 spread. Currently, approximately 88% of Santa Monicans 12-17 years of age and 81% of Santa Monicans 16 years of age or older are vaccinated. The percentage of City employees who are vaccinated falls well below this, with only approximately 60% of employees having DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 592 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 48 Exhibit E
self-reported vaccination, and only approximately 36% having submitted documentation of vaccination.
3. Vaccination Requirement
To ensure that the City fulfills its primary function of protecting the health and safety of the Santa Monica community, while also meeting its obligation to provide a safe and healthy workplace for employees, all Covered Persons must: (a) receive at least one dose of a COVID-19 vaccine, or request an exemption, no later than September 17, 2021; and (b) in the absence of an exemption, be fully vaccinated for COVID-19 by no later than October 29, 2021.
///
///
4. Reporting Vaccination Status and Documentation
a) All Covered Persons must report their vaccination status no later than 5:00 p.m. on September 17, 2021. Covered persons must use the process and form designated by the City for this purpose, and include supporting documentation proving their vaccination status. Covered Persons will certify that they are:
i. Fully vaccinated for COVID-19 (no request for exemption required) ii. Partially vaccinated for COVID-19 (no request for exemption required) iii. Unvaccinated for COVID-19 (request an exemption due to medical/disability or sincerely held religious belief, practice, or observance)
Covered Persons will certify that the information they provide regarding vaccination status is true and accurate.
b) All Covered Persons who certified that they were partially vaccinated for COVID19 as of September 17, 2021, must certify that they are fully vaccinated for COVID19 by no later than 5:00 pm on October 29, 2021. c) All Covered Persons who requested but were denied an exemption, must certify that they are fully vaccinated for COVID-19 by no later than 5:00 pm on October 29, 2021, or such later date as may be specified in the denial of the exemption. d) Covered Persons are required to provide the City with proof of vaccination status within the relevant time frames set forth above. Proof of vaccination status may include any of the following documents:
i. A screen shot of the digital vaccination record, which is available free and instantly from the state of California,
https://myvaccinerecord.cdph.ca.gov/
ii. A photo of the CDC COVID-19 vaccination record card iii. Documentation by the employee's Health Care provider DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 593 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 49 Exhibit E
5. Requests for Exemptions
The City will review requests for medical/disability and religious exemptions on a case -by-case basis consistent with procedures for reasonable accommodation requests. a) Medical/Disability Exemption: Covered Persons with a medical condition, disability, or other medical restriction that affects their ability to safely receive a COVID-19 vaccine, as verified by their Health Care provider, may request a reasonable accommodation to be exempted from this vaccination requirement.
Requests for medical/disability exemption must be submitted to the Human Resources Department using a process and form designated by the City no later than September 17, 2021 at 5:00 p.m. Covered Persons requesting a medical/disability exemption will be required to obtain a completed Certification from their Health Care Provider on a form to be provided by the City.
b) Requests for Religious Exemption: Covered Persons with a sincerely held religious belief, practice, or observance that prohibits them from receiving a vaccine may request a reasonable accommodation to be exempted from this vaccination requirement.
Requests for religious exemption must be submitted to the Human Resources Department using a process and form designated by the City no later than 5:00 p.m. on September 17, 2021. If the City possesses an objective basis for questioning the nature or sincerity of the religious belief, practice, or observance, the City may request that the Covered Person produce additional information to support their request for exemption.
6. Confidentiality of Vaccination Status and Records
The City will maintain the confidentiality of documentation and information regarding a Covered Person’s vaccination status and any request for exemption. The City will limit access to such documentation and information to those employed or retained by the City, such as the City’s Human Resources staff and individual employees’ immediate supervisors, with a need to know as provided by the American with Disabilities Act, the Confidentiality of Medical Information Act, California Civil Code section 56.20 (c), and other applicable local, state, or federal laws.
///
///
7. Definitions
a) “Covered Persons”: Covered Persons are all City employees and volunteers (including interns or externs); all members of City Boards, Commissions, and Task Forces; and all contractors with whom the City, after the effective date of this policy, enters into contracts that will require them to visit or work in City facilities or interact with City residents or employees,
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 594 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 50 Exhibit E
b) COVID-19 Vaccine: A COVID-19vaccinesatisfiestherequirementofthis policy if the FDA has approved the vaccine’s use under either the EUA or BLA approval processes. Vaccines that currently meet this requirement include Moderna or Pfizer BioNTech (two-dose COVID-19 vaccine series) and Johnson & Johnson/Janssen (a single-dose COVID-19 vaccine).
c) "FullyVaccinated":ACoveredPersonisfullyvaccinatedif14daysormore have passed from the date the Covered Person received the final dose of a two-dose COVID-19 vaccine series (Moderna or Pfizer BioNTech) or a single-doseCOVID19vaccine(Johnson & Johnson/Janssen). This definition may be expanded should booster shots for the COVID-19 vaccines be required in accordance with guidance provided by the U.S. Centers for Disease Control (CDC), FDA, California Department of Public Health, or Los Angeles County Department of Public Health. d) "Partially Vaccinated": A Covered Person is partially vaccinated if they have received at least one dose of a COVID-19 vaccine but do not meet the definition of fully vaccinated.
e) "Unvaccinated": A Covered Person is unvaccinated if they have not received any doses of COVID-19 vaccine or if their vaccination status is unknown. _________________________________________
John Jalili
Interim City Manager
8-23-21
Date
DocuSign Envelope ID: E293C071-AB9B-4817-A6D7-2843A6E75554
5.O.j
Packet Pg. 595 Attachment: 02 Instructor Agreement_FY22.23_Mooney, Damian (6758 : Modifications to Recreational Services Agreements) 1 FIRST MODIFICATION OF INSTRUCTOR AGREEMENT NO. 4932
This First Modification of Instructor Agreement Number 4932 (“First Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Richard Goldenson, an individual (“Contractor”), is made with reference to the following:
RECITALS
A. On or about June 27, 2022, the City and Contractor entered into Agreement Number 4932 to provide instruction in specified recreational activities as part of the recreational programs sponsored by the City of Santa Monica through its Community Services Department (“Original Agreement”).
B. The City and Contractor desire to modify the Original Agreement to extend the contract term, decrease the contract amount, permit City to audit Contractor’s services to ensure compliance with Abuse Prevention Standards and Requirements, Live Scan, and other agreement requirements as specified below, and remove reference to COVID-19 vaccination requirements to no longer apply to the Agreement.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Original Agreement as follows:
1. Section 1 of the Original Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on the Execution Date and terminates on June 30, 2024, unless terminated earlier as set forth in the Original Agreement. Should the parties mutually agree to renew this Agreement for up to one additional one-year period, the parties agree that Contractor will provide Services under the same conditions contained herein.
2. Section 3 of the Original Agreement entitled “Child Protection” shall be modified by adding the following paragraphs:
3.4 Contractor agrees that City may conduct scheduled or random audits of the Services to ensure compliance with Section 3 and other requirements that are specified and incorporated in this Agreement to protect children.
3.5 City, in its sole and complete discretion, may suspend or terminate this Agreement immediately if Contractor fails to comply with Section 3, the Live Scan requirement pursuant to Section 12, or the Abuse Prevention Standards and Requirements as outlined in Exhibit D. City will provide Contractor with written notice of any suspension or termination under this section, which will be effective immediately.
DocuSign Envelope ID: A54415E1-7DD9-4F73-B25D-6DE3B359A3D0 6/22/2023
5.O.k
Packet Pg. 596 Attachment: 02 First Modification FY23.24 Richard Goldenson (6758 : Modifications to Recreational Services Agreements) 2 3. Section 4 of the Original Agreement entitled “Compensation To Contractor” shall be modified by deleting Section 4 in its entirety and replacing it with following paragraph:
Compensation To Contractor. Contractor shall be compensated for Services performed pursuant to this Agreement in the amount and in accordance with the mutually agreed upon Schedule of Services and Payments set forth in Exhibit A-1. Exhibit A-1 is attached hereto and incorporated herein by reference.
The total amount of compensation to be paid to Contractor under this Agreement shall not exceed Two Hundred Four Thousand Dollars ($204,000). This total amount will include compensation paid to the Contractor for the years that the parities mutually agree to renew this Agreement under the same terms and conditions.
4. Section 14 of the Original Agreement entitled “COVID-19 Vaccinations” shall be deleted in its entirety.
5. Section 30 of the Original Agreement entitled “Exhibits” shall be modified by deleting reference to Exhibit E COVID Vaccination Policy.
6. All references to the phrase “Exhibit A” throughout the Agreement shall be replaced with the phrase “Exhibit A-1".
7. Execution in Counterparts. This First Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this First Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
DocuSign Envelope ID: A54415E1-7DD9-4F73-B25D-6DE3B359A3D0
5.O.k
Packet Pg. 597 Attachment: 02 First Modification FY23.24 Richard Goldenson (6758 : Modifications to Recreational Services Agreements) 3 8. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this First Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: A54415E1-7DD9-4F73-B25D-6DE3B359A3D0 6/16/2023
City Attorney
DOUGLAS SLOAN
Owner
Richard Goldenson
6/19/2023
Richard Goldenson
David White
6/22/2023
City Manager
6/23/2023
Denise Anderson-Warren
City Clerk
5.O.k
Packet Pg. 598 Attachment: 02 First Modification FY23.24 Richard Goldenson (6758 : Modifications to Recreational Services Agreements) 4 Exhibit A -1
Schedule of Services and Payments
Contractor: Richard Goldenson
Classes will be conducted in accordance with the following schedule of services and payments.
Class Name
Base
Fee per
Class
Meeting
% of Base
Fee Paid to
Contractor
Minimum
Enrollment
Maximum
Enrollment
Materials
Fee*
Tennis Camp $59 60% 6 24 n/a
youth class 55
min
$21.25 60% 4 8 n/a
Adult class $24 60% 4 8 n/a
*Materials Fee Description: n/a
Contractor must complete and sign a Billing Sheet for payments to be issued.
Contractors will be paid a percentage of the base class fee (resident rate, not including administration fees).
The total amount of compensation for Services rendered pursuant to this Agreement shall not exceed $204,000. This total amount will include compensation paid to Contractor for the years that the parties mutually agree to renew this Agreement under the same terms and conditions.
Payments for Contractors teaching classes covering six (6) weeks or longer will be divided as follows: Half the payment will be issued midway through the session/season and the balance will be issued at the end of the session/season. Payment will be issued approximately two (2) weeks after each half is completed.
Payments for Contractors teaching classes covering less than a six (6) week period will be issued at the conclusion of the session/season.
Camp payments will be processed at the conclusion of every two (2) weeks of camp or after one (1) week if two (2) weeks do not occur consecutively. Allow approximately fourteen (14) days for processing.
Class locations, dates and times may vary by session and are confirmed in a Class Schedule Commitment Form each session/season.
DocuSign Envelope ID: A54415E1-7DD9-4F73-B25D-6DE3B359A3D0
5.O.k
Packet Pg. 599 Attachment: 02 First Modification FY23.24 Richard Goldenson (6758 : Modifications to Recreational Services Agreements) 1 October 2021
Agreement No. 4932
COMMUNITY SERVICES DEPARTMENT
RECREATIONAL INSTRUCTOR AGREEMENT
This Instructor Agreement (“Agreement”), entered into as of _________________ (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and Richard Goldenson, an individual (“Contractor”), is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Santa Monica.
B. Contractor seeks to provide instruction in specified recreational activities as part of the recreational programs sponsored by the City of Santa Monica through its Community Services Department. Contractor is qualified and possesses the experience and skills to provide instruction in the specified recreational activities.
C. City and Contractor desire to enter into this Agreement for Contractor to provide instructional services upon the terms and conditions set forth below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. The term of this Agreement shall commence on the Execution Date and continue through June 30, 2023, unless sooner terminated in accordance with Section 18. Should the parties mutually agree to renew this Agreement for up to two additional one-year period(s), the parties agree that Contractor will provide Services under the same terms and conditions contained herein.
2. Services To Be Performed By The Contractor.
2.1 Class Commitment. Contractor shall provide instructional services (“Services”) in accordance with the Schedule of Services and Payments mutually agreed upon by the parties attached hereto as Exhibit A and incorporated herein by reference. Contractor agrees to conduct classes in accordance with the dates, times, and locations outlined on the Class Schedule Commitment Forms attached hereto as Exhibit B and incorporated herein by reference. A Class Schedule Commitment Form will DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D 6/27/2022
5.O.l
Packet Pg. 600 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 2 October 2021
be completed for each season or session where Services are requested by the City, and Contractor’s agreement to adhere to the class schedule will be reflected by Contractor’s execution of the Class Schedule Commitment Form. Each Class Schedule Commitment Form that is approved by the parties shall become part of Exhibit B and incorporated herein by reference.
2.2 Materials and Supplies. Contractor shall provide its own tools, equipment, materials, supplies, and vehicles necessary to perform the Services and shall be responsible for all expenses incurred in association with the performance of the Services. Contractor may charge a reasonable materials and supplies fee to participants enrolled in a class (“participants”) for materials and supplies Contractor provides to participants provided that: (a) the fee does not exceed the amount set forth in Exhibit A as mutually agreed by the parties; and (b) Contractor collects the fee directly from participants.
2.3 Registration of and Payments by Participants. Registration of, and the collection of payments from, participants shall be handled through City offices. Contractor agrees not register participants or accept any payments for any class from any participants, with the sole exception of any reasonable material and supplies fee in accordance with Section 2.2 above.
2.4 Minimum Class Size. With respect to any particular class, Contractor shall provide Services if the number of participants registered for the class by the time of the first-class meeting is greater than or equal to the minimum set forth in attached Exhibit A. If the minimum number of participants is not registered by the time of the first class meeting, or if the number of registered participants falls beneath the minimum number after commencement of the first class meeting, the parties may mutually agree to cancel or continue the class. If the parties mutually agree to continue a class without having the minimum number of participants registered, Contractor will be paid only for the number of participants registered for that class.
2.5 Cancellation of Classes. If a class is canceled prior to the first-class meeting, Contractor will not be compensated. If a class is cancelled after the first-class meeting, Contractor will be compensated for the class meetings instructed as provided in Exhibit A.
2.5.1 Cancellation by Contractor. Contractor agrees not to cancel any class without providing prior written notice to the City. To cancel a class, Contractor must submit a written notification of cancellation to the City at least sixty (60) days prior to the scheduled first meeting of the class.
2.5.2 Cancellation by City. City agrees not to cancel any class without providing prior written notification to Contractor. To cancel a class, City must submit a written notification of cancellation to Contractor:
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 601 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 3 October 2021
(a) at least three (3) days prior to the scheduled first meeting of the class, in which case City shall have no obligation to compensate Contractor in any way for the cancelled class; or (b) at least three (3) days prior to an effective date of cancellation after the scheduled first meeting of the class, in which case compensation for Services shall be pro-rated to provide payment to Contractor for the dates and times Contractor provided Services.
2.5.3 Rescheduling. If Contractor is unable to provide Services when required at any particular class meeting, Contractor agrees to notify City at least twenty-four (24) hours prior to the start of the scheduled class meeting so that City may notify all participants of the cancellation of that particular class meeting. Except as otherwise provided herein, Contractor agrees to give a make-up class meeting on rescheduled dates and times mutually agreed upon by City and Contractor, with Contractor not unreasonably withholding agreement to any proposed date and time for rescheduling.
3. Child Protection. Contractor and any and all of Contractor’s employees, subcontractors, volunteers, agents, and representatives who render Services that involve direct contact with or supervision of children, or who supervise the employees, subcontractors, volunteers, agents, or representatives rendering such Services, are required to do all of the following:
3.1 Child Abuse and Neglect Mandated Reporter Training. Obtain training in the identification and reporting of child abuse and neglect and comply with California Penal Code Section 11166.5. Contractor shall provide a signed copy of the City of Santa Monica Mandated Reporter Acknowledgement and CDSS Certificates of Completion for the California Child Abuse Mandated Reporter Online Training for Contractor and all such employees, subcontractors, volunteers, agents, and representatives before performing any Services that involve direct contact with or supervision of children.
3.2 Code of Conduct and Standards. Read, understand, and agree to comply with all of the following City standards set forth in City of Santa Monica Administrative Instruction III-5-12: (a) Code of Conduct for Providing Services to Youth; (b) City Standards for Youth Programs; and (c) City Standards for Responding to Allegations of Suspicious or Inappropriate Conduct. For all such employees, subcontractors, volunteers, agents, and representatives, Contractor shall provide a signed Acknowledgment of Abuse Prevention Standards and Requirements attached hereto as Exhibit D and incorporated herein by reference.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 602 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 4 October 2021
3.3 Contractor will bear the costs of complying with the Child Protection requirements set forth in this section.
4. Compensation To Contractor. Contractor shall be compensated for Services performed pursuant to this Agreement in the amount and in accordance with the mutually agreed upon Schedule of Services and Payments set forth in Exhibit A.
The total amount of compensation to be paid to Contractor under this Agreement shall not exceed Two Hundred Forty-Nine Thousand Dollars ($249,000). This total amount will include compensation paid to Contractor for the years that the parties mutually agree to renew this Agreement under the same terms and conditions.
5. Relationship Of The Parties/Independent Contractor.
5.1 Contractor enters into this Agreement as, and shall continue to be, an independent contractor for purposes of federal, state, and local laws, including but not limited to, the California Labor Code, California Unemployment Insurance Code, and wage orders of the Industrial Welfare Commission.
Under no circumstances shall Contractor or Contractor’s employees, subcontractors, volunteers, agents, or representatives look to City as his/her/its employer, or as a partner, agent, or principal. Contractor and Contractor’s employees, subcontractors, volunteers, agents, or representatives shall not be entitled to any City paid benefits accorded to City employees including workers’ compensation, disability insurance, vacation or sick pay.
5.2 Contractor shall be responsible for obtaining, at Contractor’s sole expense, any business licenses, business tax registrations, and permits required to perform the Services.
5.3 Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation, including estimated taxes, and shall provide City with proof of payment on demand.
5.4 Contractor agrees to indemnify, defend, and hold harmless City for any claims, losses, costs, fees, liabilities, damages or injuries suffered by City arising out of Contractor’s breach of this Section.
6. Contractor’s Representations.
6.1 Contractor represents that Contractor and all of Contractor’s employees, subcontractors, volunteers, agents, and representatives who will provide the Services, possess the qualifications and ability to perform the Services in a professional manner, without the advice, control, direction, or supervision of City. Performance of the Services in a professional manner includes meeting the requirements of the program under which Contractor is obligated to provide Services, and failure to do so shall constitute a material breach of this Agreement.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 603 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 5 October 2021
6.2 Contractor represents that it has all of the training and special skills necessary to provide Services. Contractor understands that it shall be solely responsible for the professional performance of the Services, and shall receive no assistance, direction, or control from City. Contractor shall have sole discretion and control of Contractor’s Services and the manner in which they are performed.
6.3 Contractor represents that it maintains a business location that is separate from the location(s) where Contractor will provide Services.
6.4 Contractor represents that Contractor is engaged in an independently established business of the same nature as that involved in the Services that Contractor will perform under this Agreement.
6.5 Contractor represents that Contractor advertises and holds itself out to the public as available to perform, does perform for others, and maintains its own clientele for the same or similar services as the Services that Contractor will perform under this Agreement.
7. Contractor’s Compliance With Law. Contractor shall comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City including, but not limited to, the following:
7.1 Non-discrimination Requirements. Contractor will comply with Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d, and with Section 504 of the Rehabilitation Act, 29 USC Section 794. In accordance with these statutes and other federal, state, and local laws, no person in the United States shall, on the grounds of race, creed, color, disability, national origin, sex, age, marital status, sexual orientation, HIV/AIDS status, political affiliation or religious beliefs, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity provided by Contractor. Contractor and any of its subcontractors shall adhere to all regulations set forth by the Americans with Disabilities Act (ADA). Contractor shall make every effort to ensure that all projects funded in whole or in part by City shall provide equal employment and career advancement opportunities for minorities, women, and persons with disabilities.
7.2 Fair Labor Standards Compliance. Contractor agrees to indemnify, defend, and hold harmless the City, its agents, officers, and employees from any and all liability including, but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorneys’ fees arising under any wage and hour law including, but not limited to, the Federal Fair Labor Standards Act, for any services performed by Contractor’s employees, subcontractors, volunteers, agents, or representatives.
8. Permits And Licenses. Contractor shall comply with all applicable laws, regulations, ordinances, and statutes, and shall obtain and maintain, at DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 604 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 6 October 2021
Contractor’s sole expense, all required business and professional permits, licenses, and certificates, including a City of Santa Monica business license.
9. Insurance. Prior to commencing work, Contractor must procure, maintain, and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Contractor or Contractor’s employees, subcontractors, volunteers, agents, or representatives, for the duration of this Agreement. Contractor must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements.
10. Defense, Indemnification and Hold Harmless. Contractor shall indemnify, defend and hold harmless City, its City Council, members of its boards and commissions, officers, agents, employees and volunteers (collectively “City Indemnitees”) from and against any and all loss, damages, liability, claims, suits, judgments, taxes, costs and expenses, whatsoever, including reasonable attorney’s fees arising from or in any manner connected to: (i) the condition or use of materials or equipment provided by Contractor in the performance of the Services; (ii) the Services, activities or work conducted pursuant to this Agreement; or (iii) claims by any persons or entities providing services, materials, equipment or supplies in connection with Contractor’s obligations under this Agreement.
11. Safety. Contractor will notify City immediately if Contractor observes that City’s facility or equipment is unsafe and will not utilize the facility or equipment until the unsafe condition is corrected.
12. Live Scan. Contractor agrees that Contractor and all of Contractor’s employees, subcontractors, volunteers, agents, and representatives who perform Services, or who supervise the employees, subcontractors, volunteers, agents, or representatives performing such Services, will be fingerprinted prior to the commencement of their provision of Services and on an annual basis thereafter as long as Contractor is performing Services. Contractor acknowledges and agrees that fingerprints may be used on an ongoing basis to verify arrests and conviction records for all such employees, subcontractors, volunteers, agents, and representatives by comparing them with local, state, and federal records. Contractor agrees to pay whatever fees if any may be involved in this process.
13. Tuberculosis Screening. Contractor agrees to provide City with proof that Contractor and all of Contractor’s employees, sub-contractors, and volunteers who perform Services have undergone a TB risk assessment or test, as required every four (4) years for adults working with school age children. Contractor shall bear the costs of complying with this tuberculosis screening requirement.
14. COVID-19 Vaccinations. Contractor agrees that all personnel assigned to perform the Services who will either visit or work in City facilities or interact with either City employees or City residents in the course of performing said Services shall be fully DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 605 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 7 October 2021
vaccinated, as defined in the City’s COVID-19 Vaccination Policy, a copy of which is attached as Exhibit E and incorporated herein by reference. Contractor shall provide the City with an attestation that Contractor has confirmed the personnel assigned to perform the Services are fully vaccinated and that such personnel have produced to Contractor one of the forms of documentation set forth in the City’s COVID-19 Vaccination Policy. Contractor shall maintain the underlying documentation establishing that the personnel are fully vaccinated and supporting the attestation for the term of this Agreement. Contractor shall make such documentation available to the City for inspection on demand. Contractor’s failure to comply with the City’s COVID-19 Vaccination Policy or to permit the City to inspect the documentation to verify compliance with the City’s COVID-19 Vaccination Policy within 10 days after the City’s written request for such documentation shall constitute a breach of this Agreement.
15. Informational Meetings. Contractor agrees to meet with City staff at a time and date mutually agreed by the parties, at Contractor’s sole expense, to obtain information about the City’s program in connection with which Contractor will be providing the Services, including policies and procedures for obtaining notice of the number of registered participants, for providing notice of any issues that may arise with participants, and relating to City managed programs that provide services to participants. Contractor agrees that its lead administrative staff and all employees, subcontractors, and volunteers who provide Services shall also attend the meetings.
16. Publicity and Privacy. Contractor agrees not to generate any written, audio or visual publicity regarding City-sponsored classes without prior written approval from City. Contractor agrees not to promote non-City classes at City facilities or with City equipment. Contractor also agrees to respect the privacy of class participants by not soliciting participants’ contact information from participants.
17. Photo Release. Contractor consents to the photographing, recording or reproduction in any other manner (including use of videotapes and audiotapes) of the likeness, voice and/or activities of Contractor and any of Contractor’s employees, subcontractors, volunteers, agents, and representatives who provide Services, and further authorizes the City of Santa Monica, its agents or assigns, to make unlimited use of such reproductions, including, but not limited to, broadcasting to the public of the reproductions over radio and television stations.
Contractor understands that neither Contractor nor any of Contractor’s employees, subcontractors, volunteers, agents, or representatives will receive any monetary compensation now or in the future as the result of the creation or use of any such reproductions. Contractor releases the City Indemnitees from any claims based on the creation or use of any such reproductions, and Contractor agrees to indemnify, defend, and hold harmless the City Indemnitees for any claims, losses, costs, fees, liabilities, damages or injuries that arise out of any claim based on the creation or use of any such reproductions that may be brought by any of Contractor’s employees, subcontractors, volunteers, agents, or representatives.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 606 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 8 October 2021
18. Default and Termination. In the event that Contractor fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five (5) days after receipt by Contractor of City’s written notice of default specifying the nature of the default and the steps necessary to cure the default, City may immediately terminate this Agreement by written notice.
19. Notices. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when personally delivered, or on the fifth business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
All notices, demands, requests or approvals from Contractor to City shall be addressed to City at:
City of Santa Monica
Director, Community & Cultural Services
1685 Main Street, Room 210
Santa Monica, California 90401
with copies to:
Community Classes and Camps Program
Attn: Program Supervisor
1401 Olympic Boulevard
Santa Monica, CA 90404
and:
City Attorney
1685 Main Street, Third Floor
Santa Monica, CA 90401
All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:
Richard Goldenson
P.O. Box 3293
Santa Monica, CA 90408
Any party hereto may, from time to time by notice in writing served upon the other party, designate a different mailing address or a different person to whom all notices, demands, requests or approvals are thereafter to be addressed.
20. Subcontractors.
20.1 If Contractor proposes to have any subcontractor perform any part of the Services, Contractor must submit a request for approval in writing, describing the scope of work to be performed by the subcontractor, the name of the proposed subcontractor, and the total price or hourly rates used in DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 607 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 9 October 2021
preparing an estimated cost for the subcontractor services. The City, in its sole discretion, may grant or deny the request.
20.2 Contractor will be responsible for the quality of any subcontractor’s work.
Every subcontract or agreement of any kind entered into between Contractor and any subcontractor (or between any subcontractor and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 4932 entered into between the City of Santa Monica and Contractor on^^____________________.
21. Records. Contractor shall maintain complete and accurate records of Services provided and the costs of providing those Services in sufficient detail to permit an evaluation of the Services.
21.1 Such records shall include complete and accurate records with respect to costs, expenses, receipts and other such information required by City for any Services provided where compensation is on the basis of hourly rates, subcontractor costs, or other direct costs.
21.2 All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
All such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment.
21.3 Representatives of City or its designees shall be allowed free access to Contractor’s books and records, and shall have the right to examine, audit and make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. If City’s audit discloses an error of five percent (5%) or more in information reported by Contractor and City’s audit is correct, Contractor shall pay the cost of City’s audit computed on the basis of four (4) times the direct payroll of the audit staff completing the audit and audit report.
22. Governing Law. This Agreement has been made and shall be construed and interpreted in accordance with the laws of the State of California.
23. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements are merged herein. No other verbal agreement, oral or written, or implied covenant shall be held to vary the provisions of this Agreement. With the exception of the Class Schedule Commitment Forms that will be completed for each season or session as provided in Section 2.1 of this Agreement, any modification of this Agreement, including the scope of services and payment amount for services, will be effective only by written execution signed by both City and Contractor.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D 6/27/2022
5.O.l
Packet Pg. 608 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 10 October 2021
24. Venue and Jurisdiction. The City and Contractor agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
26. Prohibition Against Transfers.
26.1 Contractor shall not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without City’s consent shall be null and void, and any assignee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
26.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venture or syndicate member of Contractor if a partnership or joint venture or syndicate exists, which results in changing the control of Contractor, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
27. Waiver. A waiver by either party to this Agreement of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein.
28. Parking. City shall provide parking to Contractor’s employees, subcontractors, volunteers, agents, or representatives on site when conducting official City programming for Community Classes and Camps only. Parking will be restricted to specific City park locations and for the duration of official City programming.
29. Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single agreement. Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 609 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 11 October 2021
agreed that such electronic signature shall have the same force and effect as an original signature).
30. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Schedule of Services and Payments
Exhibit B Class Schedule Commitment Forms
Exhibit C Insurance Requirements
Exhibit D Acknowledgment of Abuse Prevention Standards and Requirements
Exhibit E COVID Vaccination Policy
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
Interim City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D 6/25/2022
DOUGLAS SLOAN
City Attorney
Richard Goldenson
6/25/2022
Richard Goldenson
Owner
City Manager
6/27/2022
Denise Anderson-Warren David White
6/28/2022
City Clerk
5.O.l
Packet Pg. 610 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 12 Exhibit A
Exhibit A
Schedule of Services and Payments
Contractor: Richard Goldenson
Classes will be conducted in accordance with the following schedule of services and payments.
Class Name
Base Fee
per Class
Meeting
% of Base Fee
Paid to
Contractor
Minimum
Enrollment
Maximum
Enrollment
Materials
Fee*
Tennis Camp $59 60% 6 18 n/a
40 min youth
class
$21.25 60% 2 4 n/a
75 min youth
class
$35 60% 3 6 n/a
55 min youth
class
$42.50 60% 2 4 n/a
Adult class $37.50 60% 4 8 n/a
*Materials Fee Description: n/a
Contractor must complete and sign a Billing Sheet for payments to be issued.
Contractors will be paid a percentage of the base class fee (resident rate, not including administration fees).
The total amount of compensation for Services rendered pursuant to this Agreement shall not exceed $249,000. This total amount will include compensation paid to Contractor for the years that the parties mutually agree to renew this Agreement under the same terms and conditions.
Payments for Contractors teaching classes covering six (6) weeks or longer will be divided as follows: Half the payment will be issued midway through the session/season and the balance will be issued at the end of the session/season. Payment will be issued approximately two (2) weeks after each half is completed.
Payments for Contractors teaching classes covering less than a six (6) week period will be issued at the conclusion of the session/season.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 611 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 13 Exhibit A
Camp payments will be processed at the conclusion of every two (2) weeks of camp or after one (1) week if two (2) weeks do not occur consecutively. Allow approximately fourteen (14) days for processing.
Class locations, dates and times may vary by session and are confirmed in a Class Schedule Commitment Form each session/season.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 612 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 14 Exhibit B
EXHIBIT B
CLASS SCHEDULE COMMITMENT FORM
(To Be Completed Each Session)
Session/Season: Summer 2022
Contractor: Richard Goldenson
Classes will be conducted in accordance with the following schedule of dates, times and locations.
Class Day Dates No Class Time Location
Youth Tennis Mon 6/13-8/15 4-Jul 3:15-3:40 pm Douglas
Youth Tennis Academy Mon 6/13-8/15 4-Jul 3:45-5 pm Douglas Youth Tennis Academy Mon 6/13-8/15 4-Jul 5-6:15 pm Douglas Players Clinic Mon 6/13-8/15 4-Jul 6:15-7:30 pm Douglas Players Clinic Mon 6/13-8/15 4-Jul 7:30-8:45 pm Douglas Players Clinic Tue 6/14-8/2 6:15-7:30 pm Douglas
Players Clinic Tue 6/14-8/2 7:30-8:45 pm Douglas
Youth Tennis Wed 6/15-8/3 3:15-3:40 pm Douglas
Youth Tennis Academy Wed 6/15-8/3 3:45-5 pm Douglas
Youth Tennis Academy Wed 6/15-8/3 5-6:15 pm Douglas
Players Clinic Wed 6/15-8/3 6:15-7:30 pm Douglas
Players Clinic Wed 6/15-8/3 7:30-8:45 pm Douglas
Youth Tennis Fri 6/17-8/5 3:15-3:40 pm Douglas
Youth Tennis Academy Fri 6/17-8/5 3:45-5 pm Douglas
Youth Tennis Academy Fri 6/17-8/5 5-6:15 pm Douglas
Players Clinic Sat 6/18-8/20 7/23 or 8/13 9:30-10:45am Marine Players Clinic Sat 6/18-8/20 7/23 or 8/13 10:45am-12pm Marine Youth Tennis Sat 6/18-8/20 7/23 or 8/13 12:30-12:55 pm Marine 1 Youth Tennis Sat 6/18-8/20 7/23 or 8/13 1-1:55 pm Marine 1 Youth Tennis Sat 6/18-8/20 7/23 or 8/13 2-2:55 pm Marine 1 Youth Tennis Sat 6/18-8/20 7/23 or 8/13 3-3:55 pm Marine 1 Youth Tennis Academy Sat 6/18-8/20 7/23 or 8/13 4-5:15 pm Marine 1 Summer Tennis Camp M-F 6/13-6/17 9am-12pm Memorial 3 cts Summer Tennis Camp M-F 6/20-6/24 9am-12pm Memorial 3 cts Summer Tennis Camp M-F 6/27-7/1 9am-12pm Memorial 3 cts Summer Tennis Camp Tu-F 7/5-7/8 9am-12pm Memorial 3 cts Summer Tennis Camp M-F 7/11-7/15 9am-12pm Memorial 3 cts Summer Tennis Camp M-F 7/18-7/22 9am-12pm Memorial 3 cts DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 613 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 15 Exhibit B
Summer Tennis Camp M-F 7/25-7/29 9am-12pm Memorial 3 cts Summer Tennis Camp M-F 8/1-8/5 9am-12pm Memorial 3 cts
Summer Tennis Camp M-F 8/8-8/12 9am-12pm Memorial 3 cts Contractor Signature _____________________________ Date ________________ DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D Richard Goldenson
6/25/2022
5.O.l
Packet Pg. 614 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 16 Exhibit C
Exhibit C
Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services hereunder by the Contractor, its employees, subcontractors, agents, representatives and volunteers.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering GCL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence.
2. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
If the Contractor maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as Insurance Services Office Form CG 20 10 11 85. b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 615 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 17 Exhibit C
by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor to purchase coverage with a lower deductible or retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 616 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 18 Exhibit C
Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of agreement.
The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach. Alternatively, the City of Santa Monica may purchase such coverage (but has no special obligation to do so), and without further notice to the Contractor, the City may deduct from sums due to the Contractor any premium costs advanced by the City for such insurance.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Contractor does not have employees. The Contractor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 617 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 19 Exhibit D
Exhibit D
Acknowledgment of Abuse Prevention Standards and
Requirements
I have read, understand, and agree to comply with all of the following:
A. Code of Conduct for Providing Services to Youth;
B. Standards for City-Managed Youth Programs; and
C. Standards for Responding to Suspected Abuse or Neglect or Suspicious or Inappropriate Conduct.
In addition, I have completed Child Abuse Mandated Reporter Training using materials designated by the Child Abuse Prevention Committee. I understand that violations of the standards and requirements set forth in these materials may result in termination of my agreement with City.
#VENDOR
By: ___________________________
_____________________________
Name of Contractor
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D Richard Goldenson
Owner
Richard Goldenson
6/25/2022
5.O.l
Packet Pg. 618 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 20 Exhibit D
A. CODE OF CONDUCT FOR PROVIDING SERVICES TO YOUTH
The Code of Conduct for Providing Services to Youth outlines specific expectations for all staff employees, staff volunteers, and contractors (collectively “Staff”) for any City-managed youth program. Staff are expected to act conscientiously to exemplify the highest ethical standards. While the City encourages the cultivation of positive relationships with youth, Staff must take care that efforts to cultivate such relationships do not place youth or them in vulnerable situations. Accordingly, when working in connection with the City-managed youth program, all Staff must at all times comply with all of the following:
1. Staff understand that the City of Santa Monica has zero tolerance for abuse.
2. Staff will treat youth with dignity and respect.
3. Staff will treat youth fairly regardless of race, color, sex, sexual orientation, gender identity, gender expression, ancestry, national-origin, religion, medical condition, or physical or mental disability.
4. Staff will ensure that youth are adequately supervised in accordance with recommended supervision ratios.
5. Staff will dress appropriately to the occasion, task, and company present.
6. Staff will seek guidance from a program supervisor if they are unsure about anything relating to the conduct of Staff or youth.
7. Staff will not stare at or comment on youth bodies.
8. Staff will not date or engage in physical or romantic relationships with youth.
9. Staff will not use or be under the influence of alcohol or illegal drugs in the presence of youth or at any facility used to provide services to youth.
10. Staff will not have printed or online pornography in the presence of youth or at any facility used to provide services to youth.
11. Staff will not have secrets with youth.
12. Staff will not give to any youth gifts, rewards, or incentives (including food) that are not program related.
13. Unless a program supervisor has agreed that greater confidentiality is absolutely necessary to the service being provided (for example, individual therapy that requires privacy for confidential communications): (a) Staff will not meet individually with youth behind closed doors or in any other setting outside the view of other adults; (b) interactions with youth should occur in view of other adults; (c) if Staff believes there is a need for a private or one-on-one discussion to address something personal or sensitive, Staff should conduct the discussion in a quiet place that can be monitored or seen by another adult Staff; (d) Staff will notify the Staff’s supervisor in advance of the individual meeting and its purpose; and (e) immediately, or as soon as practically possible, after the meeting, Staff will report the meeting to the Staff’s supervisor, identify to the Staff supervisor the other Staff who witnessed the meeting, and provide the Staff supervisor with a full description of what occurred during the meeting. Where a program supervisor has agreed that greater confidentiality is absolutely necessary to the service being provided, Staff will still notify the Staff’s supervisor of the time, place, and duration of the meeting, and, to the extent possible without breaching required confidentiality, the general nature of what occurred during the meeting, including any unusual occurrences.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 619 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 21 Exhibit D
14. Staff will not abuse youth in anyway. In addition, Staff have an obligation to do all they can to prevent abuse of youth by anyone, including other Staff, other adults, or other youth. Abuse includes, but is not limited to, any of the following:
a. Physical abuse: striking, kicking, hitting, spanking, shaking, slapping, biting, hair pulling, choking, throwing, whipping, unnecessary restraints, or other action that injures a child;
b. Verbal abuse: degrading, threatening, cursing;
c. Sexual abuse: inappropriate touching, exposing oneself, sex of any kind, obscene phone calls, text messages, or digital interactions, or other sexual conduct that is harmful to a child’s mental, emotional, or physical welfare;
d. Emotional abuse: shaming, humiliating, isolating, terrorizing, cruelty.
15. Staff will not mistreat or bully youth in any way. In addition, Staff have an obligation to do all they can to prevent mistreatment or bullying of youth by anyone, including other Staff, other adults, or other youth. Bullying is aggressive or threatening behavior that is intentional, repeated, and involves an imbalance of power or strength. Bullying may be based on, but not limited to, actual or perceived race, color, ethnicity, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, intellectual ability, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, or any other distinguishing characteristic, or on a person's association with a person or group with any of the actual or perceived foregoing characteristics. Bullying can take on various forms and includes, but is not limited to, any of the following:
a. Physical bullying involves unwanted physical contact and using physical force to hurt a person’s body or possessions. Physical bullying can include: (i) hitting, punching, pushing, shoving, kicking, tripping, pinching, or restraining another; (ii) spitting on another; (iii) taking, hiding, or breaking another’s things. b. Verbal bullying and bullying using non-verbal gestures involves using words, whether spoken (including in telephone calls) or written (including in texts, emails, or graffiti), or nonverbal gestures, to harm another or convey a threat of harm to another. Verbal bullying can include: (i) teasing; (ii) name-calling; (iii) taunting; (iv) mean, rude, threatening, or vulgar gestures.
c. Social bullying (sometimes also referred to as relational bullying) involves hurting or threatening to hurt someone’s reputation or relationships. Social bullying can include:
(i) social exclusion, that is, excluding someone from social interactions; (ii) friendship manipulation, that is, telling others not to be friends with someone, or only to be friends with certain others; (iii) spreading rumors or gossip about someone; (iv) embarrassing someone in public or in front of a group of friends; (v) hazing a person seeking to join or participate in a group by engaging in or encouraging conduct that humiliates, degrades, abuses, or endangers that person, regardless of that person’s willingness to participate in the conduct.
d. Cyberbullying involves verbal or social bullying that is carried out using any form of electronic communication, including but not limited to email, instant messages, text DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 620 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 22 Exhibit D
messages, or postings (whether on social media, a website, a blog, a chatroom, or in any other way), to communicate text, video, audio, digital pictures, or digital images.
Cyberbullying can include: (i) sending or posting mean, rude, threatening, or vulgar messages or images; (ii) sending or posting threats of harm; (iii) sending or posting sensitive, private information about another person; (iv) .sending or posting harassing messages or images; (v) encouraging others to exclude someone from an online group; (vi) breaking into another’s electronic account and assuming that person’s identity in sending or posting information to damage that person’s reputation or harm other individuals.
e. Sexualized bullying involves engaging in any of the other types of bullying using behaviors that are sexual in nature. Sexualized bullying can include: (i) sexting; (ii) , exposing or threatening or demanding the exposure of, private body parts; (iii) inappropriate sexual comments, gestures, or innuendo.
16. Staff will adhere to the City’s standards for youth programs regarding all of the following:
a) appropriate and inappropriate physical interactions with youth; b) appropriate and inappropriate verbal interactions with youth; and, c) appropriate and inappropriate electronic communications with youth.
17. All staff employees whose duties require direct contact with and supervision of children must understand that under California law (Penal Code § 11165.7(a)(8)) they are mandated reporters and, as a result, each must, as soon as is practicably possible, make a report to the Department of Children and Family Services (“DCFS”) or the Santa Monica Police Department (“SMPD”), whenever he or she, within the scope of his or her employment, has knowledge of or observes a child whom he or she knows or reasonably suspects has been the victim of child abuse or neglect. To comply with this obligation, staff employees must
a) be familiar with the symptoms of child abuse and neglect; b) know and follow City policies and procedures intended to protect children against abuse and neglect; and
c) report suspected child abuse or neglect to DCFS or SMPD as required by state mandated reporter laws, including an initial report by telephone as soon as is practically possible, with a follow-up written report within 36 hours.
18. Separate and apart from staff employees’ obligations as mandated reporters under California law, all Staff will immediately report any concerns or complaints about abuse, neglect, bullying, or any conduct in violation of City standards regarding physical interactions, verbal interactions, or electronic communications with youth, by other Staff, other adults, or other youth, to their immediate supervisor (or if the concerns relate to that supervisor, to the program manager, program administrator, division manager, and/or department leadership) and/or the City’s anonymous ethics hotline at [email protected] or 844-4-SMETHIC.
19. The City cooperates fully with law enforcement authorities to investigate all cases of alleged abuse or neglect. All Staff must fully cooperate in any external investigation by outside authorities or internal investigation conducted by the City or persons given investigative authority by the City.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 621 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 23 Exhibit D
Exhibit C
B. STANDARDS FOR CITY-MANAGED YOUTH
PROGRAMS
The following standards apply to all staff employees, volunteers, and contractors (collectively “Staff”) for any City-managed youth program. Staff are expected to act conscientiously to exemplify the highest ethical standards. While the City encourages the cultivation of positive relationships with youth, Staff must take care that efforts to cultivate such relationships do not place youth or them in vulnerable situations.
Accordingly, when working with youth, all Staff must at all times comply with all of the following standards.
I. Interactions with Youth
A. Physical Interactions
The City’s physical interaction standards are intended to promote a positive, nurturing environment while protecting youth and Staff. The City permits the physical interactions listed as appropriate below,but only when appropriate to a situation occurring within the program’s scope. The City prohibits physical interactions of the type set forth as inappropriate below. Any inappropriate physical interactions by Staff with youth will result in disciplinary action, up to and including termination of employment.
The City’s standards for appropriate and inappropriate physical interactions are:
Appropriate Physical Interactions Inappropriate Physical Interactions • Side hugs
• Shoulder-to-shoulder or “temple” hugs
• Brief pats on the shoulder or back
• Handshakes
• High-fives and hand slapping
• Briefly touching hands, shoulders, and
arms
• Briefly placing arms around shoulders
• Holding hands with young children in an
escorting situation
• Physical contact necessary for providing
valid medical assistance or for providing
needed assistance to special needs youth
• Physical intervention necessary to
separate youth involved in a physical
altercation
• Full-frontal hugs
• Kisses
• Lap sitting
• Wrestling
• Piggyback rides
• Tickling
• Touching bottom, chest, or genital areas
• Touching, grooming, or playing with hair
• Any type of massage
• Allowing a youth to cling to a Staff
member’s leg
• Any physical act of affection that is
unwanted by the youth
• Any physical act of affection that occurs
in an isolated area
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 622 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 24 Exhibit D
B. Verbal Interactions
The City’s verbal interaction standards prohibit Staff from all of the following: (a) speaking to youth in a way that is, or could be construed by any observer to be, harsh, coercive, threatening, intimidating,shaming, derogatory, demeaning, or humiliating; (b) speaking to youth in a way that is, or could be construed by any observer, as demonstrating any bias or discriminatory intent based on race, color, sex,sexual orientation, gender identity, gender expression, ancestry, national-origin, religion, medical condition, or physical or mental disability; (c) initiating any sexually oriented conversation with youth;and (d) discussing their own sexual activities with youth.
The City’s standards for appropriate and inappropriate verbal interactions are:
Appropriate Verbal Interactions Inappropriate Verbal Interactions • Instruction and guidance
• Positive reinforcement
• Encouragement
• Praise
• Appropriate critiques where necessary to
the program (e.g., “your hand was in the
wrong position” when giving a swim
lesson), provided in a non-derogatory
fashion
• Appropriate jokes
• Initiating sexually oriented conversations
• Discussing staff or volunteer sexual
encounters
• In any way involving youth in the personal
problems or issues of staff and volunteers
• Off-color or sexual jokes
• Remarks demonstrating any bias or
discriminatory intent based on race, color,
sex, sexual orientation, gender identity,
gender expression, ancestry, nationalorigin, religion, medical condition, or physical or mental disability
• Secrets
• Name calling
• Cursing
• Remarks that are harsh, coercive,
threatening, intimidating, demeaning, or
humiliating
• Belittling
• Derogatory remarks about any youth or
his/her family or friends
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 623 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 25 Exhibit D
C. One-on-One Interactions (including tutoring/private coaching) Most abuse occurs when an adult is alone with a youth in a non-public setting. The City aims to eliminate or reduce these situations and prohibits Staff from engaging in private one-on-one interactions with youth unless approved in advance by the program supervisor. This includes scheduled tutoring and/or private coaching sessions, whether occurring during or outside regular program hours, which must comply with all of the following:
a. Staff must have program supervisor approval for any tutoring or private coaching sessions; b. tutoring and private coaching sessions must be scheduled through the program, not independently, and must occur at a program-approved location; c. program supervisors must keep a schedule of private tutoring and coaching sessions, whichshould include times, youth involved, and location of the sessions.
In those situations where private one-on-one interactions (including tutoring and/or private coaching sessions) are approved in advance, Staff should observe the following additional guidelines when engaging in the approved interactions:
Additional Guidelines for Approved Private One-on-One Interactions • Unless the program supervisor has agreed that greater confidentiality is absolutely necessary to the service being provided (for example, individual therapy that requires privacy for confidential communications):
• Meet in a public place where you are in full view of others (e.g., a visible section of a library or gymnasium) or, if meeting in a room or office, leave the door open and ensure that you can be easily observed by individuals in the adjoining public area. • Before the meeting, inform other adult Staff that you will be alone with a youth and ask them to randomly drop in and, after the meeting, inform the other adult Staff that the meeting has been completed.
• If the program supervisor has agreed that greater confidentiality is absolute necessary to the service being provided (for example, individual therapy that requires privacy for confidential communications), before the meeting, inform other adult Staff that you will be alone with a youth and after the meeting inform the other adult Staff that the meeting has been completed.
• Avoid any physical acts of affection that might be misinterpreted. Limit any physical acts of affection to brief pats on the shoulder, high-fives, and handshakes. • At the conclusion of the meeting, immediately: (a) notify the program supervisor that the meeting has concluded; (b) report to the program supervisor and document any unusual occurrences during the meeting, including, but not limited to: any disclosures by the youth of any instances of abuse or maltreatment; any behavior problems and how they were handled; any injuries and how they were addressed; and any interactions that might be misinterpreted as inappropriate.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 624 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 26 Exhibit D
D. Off-site Contact
Many cases of abuse occur off-site and outside of regularly scheduled activities. To avoid this risk, the City prohibits Staff interactions with youth outside of regularly scheduled program activities unless the interaction is of an appropriate type and is approved in advance by the program supervisor. City standardsfor appropriate off-site contacts (which may occur with advance program supervisor approval and parental approval) and inappropriate off-site contacts (which are absolutely prohibited and cannot be approved by program supervisors, regardless of whether parents approve or not) are as follows:
Appropriate Outside Contact Inappropriate Outside Contact • Taking groups of youth on a programrelated outing (parental approval and a minimum of two Staff or the number of
Staff required to satisfy the program
standard Staff/youth ratio, whichever is
greater, with at least one staff employee,
are required)
• Attending program-related sporting
activities with groups of youth (parental
approval and a minimum of two Staff or
the number of Staff required to satisfy the
program standard Staff/youth ratio,
whichever is greater, with at least one staff
employee, are required)
• Visiting a youth at the youth’s home for
program-related reasons, with the parents
present at all times
• Taking one youth on an outing
• Visiting a youth, whether in the youth’s
home or elsewhere, without a parent or
approved adult guardian present
• Hosting one or more youth in the home of
Staff
• One or more youth spending the night with
Staff
• Transporting youth in a personal vehicle
(except in a true emergency situation with
prior notice to the program supervisor
wherever practical and, if not practical,
notice to the program supervisor as soon as
practical)
E. Electronic Communications and Use of Electronic
CommunicationDevices
Any private electronic communication between Staff and youth, including private communications through social media (e.g., Facebook, Instagram, Snapchat) is prohibited. All electroniccommunication between Staff and youth must be publicly viewable (i.e., accessible to program supervisors and the youth’s parents) and/or copied to a program supervisor and/or the youth’s parents.In addition, all electronic communications between Staff and youth must comply with the guidelines for verbal interactions set forth in section B above.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 625 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 27 Exhibit D
The following are examples of appropriate and inappropriate electronic communication:
Appropriate Electronic Communication Inappropriate Electronic Communication
• Sending and replying to emails and text
messagesfrom youth ONLY whencopying
a program supervisor and/or the youth’s
parents
• Communicating through “organization
group pages” on Facebook or other
approved public forums
• Posting harsh, coercive, threatening,
intimidating, shaming, derogatory,
demeaning or humiliating comments on
social media sites
• Posting sexually oriented comments on
social media sites
• Private emails or text messages
between Staff and youth (whether using
Staff’s personal email or phone or a
City-issued email or phone)
• Posting pictures of program
participants on any non-program social
media sites
• “Friending” or messaging youth on
social media sites, through online
gaming sites, or through other online
mechanisms
• Providing youth with a personal email
address, personal phone number, or
other personal contact information
• Calling youth at home or on their cell
phone, except for program related
purposes
Use of electronic communication devices (whether personal or provided by the City) to engage in any inappropriate electronic communication with a program youth shall be grounds for discipline up to and including termination of employment.
F. Gift Giving
Molesters routinely groom youth by giving gifts, thereby endearing themselves to the youth, and instruct the youth to keep the gifts a secret, thereby teaching the youth to keep secrets from the youth’s parents. For these reasons, Staff are prohibited from giving gifts (including gifts of food) to any youth.
This prohibition applies even if Staff believe the items they are giving to a youth are needed by that youth. Thus, for example, even if Staff believes a youth needs shoes, clothing, or food, Staff may not personally provide the youth with shoes, clothing, or food. Any gifts to youth must be approved by and come from the program, not individual Staff.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 626 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 28 Exhibit D
II. Monitoring and Supervision
When Staff are adequately supervised, potential offenders are less likely to act on their impulses because they face detection. When youth are adequately supervised, they too are less likely to engage in inappropriate interactions with others. Similarly, the physical plant must be monitored, particularly out-of-the-way locations or locations that might permit an offender undue access to or privacy with a youth. Set out below are standards for programs to follow to ensure adequate monitoring and supervision.
A. Facility Monitoring
Building architecture can increase or mitigate the risk of an incident or accident. Because most incidents of abuse occur in private, to the extent privacy is managed, risk is managed. To ensure that all of the locations are properly and consistently monitored, the City’s Child Protection Officer (or designee as approved by the Child Protection Committee) shall conduct regular reviews of all locations used by the program.
B. General Supervision
Programs must put in place general supervision procedures that comport with the following:
Supervisor Visits to Youth Programs: Supervisors will regularly (not less than quarterly) visit all youth programs to ensure that all activities are well- managed and that youth policies are observed by all in attendance.
Check-In/Roll Call Procedures: Each program must put in place procedures (which will be sitespecific) to monitor and document who has access to youth while the program is providing services to youth. For some programs, this may require a facility check-in sheet at or near the facility’s entrance.
For other programs, this may require a program instructor to maintain a roll-call of participants with spaces for volunteers and others assisting with the program to sign in. Each program will need to consider how best to control and limit access to youth during program participation and how best to monitor and document those having such access.
Staff-to-Youth Ratios- Each program will establish and follow requirements for Staff-to-youth ratios that are appropriate to the goals of the program and the design of the program area and that comply with any local licensing requirements and best practice guidelines for the particular type of program.
The Staff-to-youth ratio should be adjusted (in accordance with any local licensing requirements and best practice guidelines) for programs that serve youth with special needs.
Mixed Age Groups- In most incidents involving one youth abusing another youth, the youth are from different age groups. Each program is responsible for establishing specific guidelines for additional monitoring and supervision of activities that involve youth from different age groups. Staff must be made aware that close line of sight supervision is required when monitoring programs that mix age groups.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 627 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 29 Exhibit D
C. Monitoring Youth in Program Facilities
Programs must implement practices for monitoring program youth that comply with all of the following:
1. A parent or legal guardian must complete a participant application which includes identifyinginformation, the youth’s date of birth, and emergency contact information.
2. Programs should establish procedures (e.g., sign-in/sign-out sheets, instructor roll calls) sufficient to ensure that: (a) for all times youth are under direct supervision (see below), the theprogram has a record of the youth who are participating in the activity that is subject to direct supervision; and (b) for all times youth are using authorized areas within a facility under indirect supervision (see below), the program has a record of the youth who are using the authorized areas within the facility.
3. Programs must establish procedures to ensure that, while in the program facility, youth are supervised, either directly or indirectly.
a. Direct supervision: The program may offer structured, scheduled activities like basketballtournaments, swimming classes, arts and crafts activities, etc. These activities should haveone or more Staff assigned to lead and supervise, in accordance with the program’s Staff-to-youth ratio requirements. b. Indirect supervision: The program may designate certain facility areas as authorized areas.For example, authorized areas could include a gymnasium, a game area, a playground area,or a classroom for doing homework. Authorized areas must be easily visible and routinelyand systematically checked by Staff. Youth should know that they will be supervised by Staff at all times, and all Staff should know which areas are authorized for indirect supervision. Programs must implement indirect supervision standards for all authorized areas that include at least the following: (i) how frequently and for how long authorized areas will be monitored by Staff; (ii) specific assignments of Staff to have supervision responsibilities over the authorized areas; and (iii) documentation of the scheduled periodicmonitoring of these areas. c. Programs must ensure that Staff are on notice of the need for close line of sight supervisionof any group that includes youth below the age of 12, or 7th grade.
4. Programs must establish procedures for monitoring high risk areas (e.g., bathrooms, locker rooms, unused rooms, and other high risk areas identified by the periodic program site locationreview) that include at least: (a) designation of specific Staff to supervise these areas; (b) scheduled periodic monitoring of these areas; and (c) requirements for Staff to contemporaneously record when and for how long they monitor these areas.
5. Programs must require all program Staff to wear nametags or other identifying clothing so thatyouth can easily recognize them as Staff. Where possible, nametags or other identifying clothing should enable easy differentiation among staff employees, staff volunteers, and contractors.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 628 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 30 Exhibit D
6. Programs must train all Staff:
a. to greet youth that enter the facility; to direct youth to structured activities or authorized areas; and, to redirect youth who are not in an authorized area or who are not participatingin a structured activity;
b. to be aware of the risks involved with mixing age groups and how to monitor activities involving mixed age groups;
c. to routinely monitor high risk areas even if not specifically designated to do so.
D. Monitoring High Risk Activities
1. Bathrooms
Many incidents of youth-to-youth abuse occur in bathrooms. Programs must establish proceduresfor monitoring bathroom activities that comply with the following:
a. For “Group Bathroom Breaks”:
• Require Staff to take groups of two or more youth to the bathroom. • An adult Staff member should enter and check the bathroom before youth are allowedto enter. • If the bathroom only has one stall, only one youth should enter the restroom while theothers wait outside with Staff.
• If there are multiple stalls, only send in as many youth as there are stalls. • Minimize youth of different ages using the bathroom at the same time. • Require Staff to stand outside the bathroom door but remain within earshot with thedoor ajar.
b. For single use restrooms:
• Require youth to ask permission to use the bathroom.
• Require all Staff to frequently check bathrooms.
c. To the extent practical, prohibit Staff from using the bathroom at the same time as youth. If this cannot be done due to facility limitations, ensure that bathroom doors remain open while Staff use a stall.
If presence in a stall with a youth is required (e.g., to assist a youth with a disability), Staffmust keep the door to the stall open with another Staff in sight.
2. Locker Rooms
Programs must establish locker room procedures that comply with the following:
a. Staff must stand within earshot of the locker room when in use by youth.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 629 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 31 Exhibit D
a. Staff must intermittently and briefly check inside the locker room so youth know the lockerroom is monitored.
b. Discourage the use of locker rooms by youth of different ages at the same time; if youth ofdifferent ages must use the locker room at the same time, increase the frequency of checksinside the locker room.
c. Prohibit the use of locker room horseplay such as towel snapping. d. When possible, arrange lockers to minimize unnecessary privacy. e. When possible, require Staff and youth to use the locker room at different times.
3. Showers
Programs must establish procedures for showers that comply with the following:
a. Staff and youth must shower at different times. Shower schedules should be created to permit supervision of youth while Staff shower.
b. While youth shower, at least one Staff should stand in the bathroom doorway and within earshot of the youth.
c. Ensure that only one youth isin each shower. Where possible, programsshould use showercurtains that do not go all the way to the floor, so that Staff can easily see how many youthare in each shower stall.
4. Transition Times and Free Times
Transition times and free times pose a high risk for incidents because during these times, Staff maynot be assigned a particular group of youth to supervise. To decrease the risk of incidents, programsmust establish procedures for transition times and free times that comply with the following:
a. Require youth to remain in line-of-site of Staff at all times. b. Specify Staff-to-youth ratio for these times.
c. Define authorized areas for use during these times.
d. Ensure that Staff are assigned specific zones within the authorized areas to supervise. e. Ensure that bathroom procedures continue to be followed during these times. f. Require supervisors to conduct periodic check-ins and sweeps of the entire activity area, including both authorized and non-authorized areas.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 630 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 32 Exhibit D
5. Playground Activities
Programs must establish procedures for playground activities that comply with the following:
a. Require youth to remain in line-of-site of Staff at all times. b. Specify Staff-to-youth ratios for these activities.
c. Define specific narrow boundaries around the playground area to define the authorized areafor use.
d. Provide Staff with specific instructions on how to monitor barriers to supervision (such asstorage sheds, playhouses, tunnels, and shrubs). e. Ensure that Staff are assigned specific zones within the authorized area to supervise. f. Ensure that bathroom procedures continue to be followed during playground activities. g. Require supervisors to conduct periodic check-ins and sweeps of the entire playground area, including both authorized and non-authorized areas.
6. Transportation Activities
Programs must establish procedures for transportation activities that comply with the following:
a. Require written parent permission forms and medical releases from all youth on the trip. Staff must take these permission forms and medical releases with them on the trip.
b. Require Staff to have a list of youth on the trip. Require Staff to take roll when boarding the bus/other transport, when leaving the bus/other transport, and periodically throughout the trip.
c. Specify Staff-to-youth ratios. When possible, do not count the driver in the supervision ratio.
d. Require Staff to sit separately and in seats that provide sight lines throughout the bus/othertransport and permit maximum supervision.
e. Prohibit drivers from making unauthorized stops.
f. Require Staff to document the beginning and ending time of the trip and the mileage, namesof youth being transported, and destination.
g. Require written documentation of any unusual occurrences during transportation.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 631 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 33 Exhibit D
When public transportation is used, in addition to the procedures listed above, procedures shouldcomply with the following:
a. Require youth to remain in one area of the bus/other public transport, if possible. b. Require Staff assigned to a group to remain with that group on the bus/other public transport in a position where all youth in the group can be observed. c. Require Staff to take a head count or call roll immediately after entering and leaving the bus/other public transport.
d. Staff should never transport youth in non-organization vehicles except in an emergency situation. If such transport occurs: (a) the youth must be transported directly to the emergency destination without any unauthorized stops; (b) Staff must immediately notify administratorsin writing, identifying the youth transported, the beginning and ending timesof transport, the mileage, the emergency that necessitated the transport, and any unusual events that occurred during the transport.
7. Off-Site Activities
Programs must establish procedures for off-site activities that comply with the following:
a. Staff must obtain written supervisor approval for all off-site activities. b. Staff must obtain written parental approval for all off-site activities. c. Staff-to-youth ratios must be appropriate to off-site activities (these may vary depending on the particular off-site activity).
d. Staff and youth must be easily identifiable to each other while engaged in the offsite activity. e. Include specific bathroom and locker room procedures as applicable to the off-site activity. f. Require strict compliance with transportation activity requirements above while traveling to and from the off-site activity and while engaged in the off-site activity. g. A supervisor must observe the off-site activities at scheduled times and random intervals. h. Require adoption of additional procedures as appropriate to a particular location and type of activity (for example, Amusement parks, Water Parks, Arcades), and ensure that Staff are advised of any additional procedures. Such procedures may include, but are not limitedto, assigned groups, scheduled itineraries, continuous roll calls or head counts, and group bathroom breaks.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 632 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 34 Exhibit D
8. Overnight Activities
Overnight stays present unique risks to youth and Staff because they often involve changing clothes, groups of both genders and different ages in a more intimate atmosphere than usual, moreunstructured activities, and increased supervision demands for Staff.
Programs must establish procedures for overnight activities that comply with the following:Supervision Guidelines:
a. All overnight activities must be documented and approved in writing by the program manager, program administrator, or division manager. b. The program manager, program administrator, or division manager must regularly and randomly observe overnight activities on a scheduled and periodic basis. c. The program manager or program administrator must appoint a “lead” Staff to supervise the overnight.
d. The program manager or program administrator and lead Staff must determine the appropriate Staff-to-youth ratios before the overnight activity and schedule Staff accordingly.
e. The lead Staff must conduct a pre-trip meeting with all Staff assigned to the trip to discussand review the unique risks of overnight trips, unique elements of the specific overnight trip, and specific policies and procedures that govern overnight trips.
f. Provide parents with written information about the overnight activity and the name and contact information for the lead Staff. Require all parents to sign a permission slip for theirchildren to attend the overnight. Lead Staff should consider conducting a pre-trip meetingwith parents as well.
Overnights at the Program Facility:
a. Physical boundaries within the program facility, including authorized and unauthorized areas, must be clearly defined and explained to the youth. b. At least two Staff must be present throughout the overnight stay. Assign each Staff to a specific group of youth to supervise. Each Staff must maintain a roll sheet that lists all ofthe youth in his or her group and must conduct head counts and roll checks routinely throughout the evening.
c. Assign Staff to high risk areas within the program facility, such asthe bathrooms, entrancesand exits, and hallways. If it is not possible to assign specific Staff to these areas, assign specific Staff to conduct periodic facility “walk-throughs” that include DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 633 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 35 Exhibit D
these areas.
d. With regard to sleeping arrangements, separate male and female youth into separate roomsand post Staff at the entrances and exits to these rooms. If this is not feasible, separate male and female youth by as much space as possible. e. Require Staff to perform periodic random room checks. When performing room checks, Staff should always go in pairs.
f. All Staff are to be on duty at night until an hour after lights out and all youth are quiet.
Overnights Away from the Facility:
a. Overnight stays at private homes are prohibited unless approved in advance in writing by the program manager and program administrator. b. Physical boundaries at the off-site location, including authorized and unauthorized areas, must be clearly defined and explained to the youth. c. At least two Staff must be present throughout the overnight stay. Assign each Staff to a specific group of youth to supervise. Each Staff must maintain a roll sheet that lists all ofthe youth in his or her group and must conduct head counts and roll checks routinely throughout the evening.
d. Assign Staff to high risk areas within the off-site location, such as the bathrooms, entrancesand exits, and hallways. If it is not possible to assign specific Staff to these areas, assign specific Staff to conduct periodic facility “walk-throughs” that include these areas.
e. With regard to sleeping arrangements, separate male and female youth into separate roomsand post Staff at the entrances and exits to these rooms. If this is not feasible, separate male and female youth by as much space as possible. o If in a cabin type setting, Staff should be placed in bunks to maximize supervisionaround the cabin, provide sight lines to all exits, and decrease the chances of youthsneaking out.
o In hotels/motels, assign youth to rooms based on sex and age. Staff should have their own rooms. If Staff must share rooms with youth, Staff must have their ownbeds and never change in front of youth.
f. Require Staff to perform periodic random room checks. When performing room checks, Staff should always go in pairs.
g. All Staff are to be on duty at night until an hour after lights out and all youth/rooms are quiet.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 634 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 36 Exhibit D
9. Teen Leadership Program/Counselors in Training Program Staff must understand that older youth who participate in teen leadership programs are still youth and not Staff. Even though they are often given more responsibility, teens in the leadership programs must be provided with guidelines regarding appropriate behavior, and then supervised accordingly.
Programs must establish procedures for teen leadership programs that comply with the following:
a. Create a screening process for teen leaders that includes • A standard application
• An interview
• References (from teachers, counselors, family friends, etc.) b. Train teen leaders in their roles in programs and on program policies about appropriate and inappropriate interactions. This training should include the following information:
• Appropriate and inappropriate physical and verbal interactions. • The importance of maintaining behavioral boundaries between teen leaders andyounger youth and between teen leaders and Staff.
• Prohibiting teen leaders from being one-on-one with youth. • Prohibiting teen leaders from escorting youth to the bathrooms. • Prohibiting teen leaders from assisting youth with changing their clothes. c. Create a system to monitor the teen leaders.
• Designate specific Staff to be in charge of the teen leadership program and itsparticipants. • Require teen leaders to wear clothing or lanyards that identify them as leaders-in- training and differentiate them from both Staff and other program youth. • Require a supervisor to conduct regular periodic check-ins with teen leaders and theirStaff supervisors.
• Require teen leaders to keep a log documenting their program activities and any problems they encounter. The Staff supervisor should review these logs on a regular periodic basis.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 635 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 37 Exhibit D
Exhibit C
C. STANDARDS FOR RESPONDING TO SUSPECTED ABUSE OR NEGLECT OR
SUSPICIOUS OR INAPPROPRIATE CONDUCT
The following standards apply to all staff employees, staff volunteers, and contractors (collectively “Staff”)for any City-managed youth program. All Staff are expected to act conscientiously to exemplify the highestethical standards. Accordingly, all Staff must at all times comply with all of the following standards for responding to suspected abuse or neglect or suspicious or inappropriate conduct.
A. Responding to Suspected Child Abuse or Neglect
1. California’s Mandatory Reporting Requirements for Suspected Abuse or Neglect California law defines mandated reporters to include any “employee of a public or private organization whose duties require direct contact and supervision of children.” California Penal Code 1165.7(a)(8). California law requires such employees to make a report to a county welfare department, here the Department of Children and Family Services (“DCFS”) or a local police department, here the Santa MonicaPolice Department (“SMPD”), whenever the mandated reporter “within the scope of his or her employment,has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has beenthe victim of child abuse or neglect.” California Penal Code 11166(a), 11165.9. The initial report must be made immediately, or assoon as is practicably possible, by telephone, and a written report must be preparedand electronically transmitted to DCFS or SMPD within 36 hours. California Penal Code 11166(a). DCFSand SMPD have obligations to cross-report to each other. California Penal Code 11166(j), (k).
Volunteers of public or private organizations whose duties require direct contact with and supervision of children generally are not mandated reporters, but are “encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known orsuspected instancesof child abuse or neglect” just as employees are required to do by law.
California Penal Code 11165.7(b).
As a matter of policy, the City will provide all Staff with training regarding the mandated reporting dutiesimposed by California law, and will expect all Staff to make reports of suspected child abuse or neglect inaccordance with the requirements imposed by California law on mandated reporters.
For purposes of mandatory reporting requirements, California Penal Code 11165.6 defines “child abuse orneglect” to include “physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 111165.1, neglect as defined in Section 111165.2, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, and unlawful corporal punishment or injury as defined in Section 11165.4.”
Section 11165.1 defines sexual abuse as including, but not limited to, all of the following:
penetration, however slight, of the vagina or anal opening of one person by the penis of another person; sexual contactbetween the genitals or anal opening of one person and the mouth or tongue of another person; intrusion byone person into the genitals or anal opening of another person, including the use of an object for this purpose(with an exception for acts performed for a valid medical purpose); 0intentional touching of the genitals orintimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing coveringthem, of a child, or of the DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 636 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 38 Exhibit D
perpetrator by a child, for purposes of sexual arousal or gratification; intentionalmasturbation of the perpetrator’s genitals in the presence of a child; depicting a child in, or accessing through any electronic or digital media, any image in which a child is engaged in an act of obscene sexual conduct; sexual trafficking of a child; and the provision of food, shelter, or payment to a child in exchangefor the performance of any sexual act described above.
Section 111165.2 defines neglect to mean “the negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s health or welfare” including “both acts and omissions on the part of the responsible person.” It includes both the intentional and negligent failure by a person having care or custody of a child to “provideadequate food, clothing, shelter, medical care, or supervision,” whether or not any physical injury to the child has occurred.
Section 11165.3 defines the willful harming or injuring of a child or the endangering of the person or healthof a child to mean “a situation in which any person willfully causes or permits any child to suffer, or inflictsthereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfullycauses or permits the person or health of the child to be placed in a situation in which his or her health is endangered.” Willful harming can occur without actual physical injury.
Section 11165.4 defines unlawful corporal punishment or injury to mean “a situation where any person willfully inflicts upon any child any cruel orinhuman corporal punishment orinjury resulting in a traumaticcondition.”
If Staff have a question whether conduct observed or alleged rises to the level of child abuse or neglect asdefined by these statutes, they should report the conduct to and consult with a supervisor, program manager, program administrator, or division manager. If after this consultation Staff still have a questionwhether conduct observed or alleged rises to the level of child abuse or neglect as defined by these statutes, Staff should report the conduct to DCFS for further guidance. Supervisors are prohibited by lawfrom impeding Staff from reporting to DCFS.
California Penal Code 11166(i). Supervisors also may notdirect Staff to allow the supervisor to report to DCFS instead of Staff. Id.
2. Staff Response to Suspected Abuse or Neglect:
As required by mandated reporting laws and City policy, all Staff must immediately (or as soon as practically possible) report any suspected abuse or neglect of a youth—whether on or off organization property or whether perpetrated by Staff or others—to DCFS or SMPD. If the situation is urgent or there isan immediate safety threat, Staff should call SMPD. A person who mistakenly reports suspected abuse or neglect is immune from civil or criminal liability unless it can be proven that the reporter knew the report was false or that the report was made with reckless disregard for its truth or falsity. California Penal Code11172.
For Los Angeles County, a report to DCFS may be made by phone at 800-540-4000; the required follow- up written report to DCFS should be made online using the Suspected Child Abuse Report (SCAR) Form (Cal DOJ Form BCIA 8572) at https://mandreptla.org/cars.web/. A sample of the form is attached to theseStandards as Attachment 1. Staff may wish to complete the form before making the required phone reportso that all information is available during the call.
In addition to reporting to DCFS or SMPD, Staff are required to report any suspected or known abuse or neglect of youth, whether perpetrated by Staff or others, directly to a program supervisor so that immediateand proper steps may be taken to ensure the safety of alleged victims and others who may be at risk. Reportsof suspected or known abuse or neglect may be made confidentially to DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 637 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 39 Exhibit D
the following:
a. Immediate supervisor
b. Program Manager and/or Program Administrator
c. Division Manager
Additional Guidelines for Staff Response to Suspected Abuse or Neglect
• If you witness abuse or neglect, interrupt the behavior immediately. • If abuse or neglect is disclosed to you, assure the individual disclosing that he or she was correct to tell you.
• Protect the alleged victim from intimidation, retribution, or further abuse. • Immediately, or as soon as practicably possible, report the allegation or incident to DCFS or SMPD by phone and to your program supervisor. Be sure to get a case number and the name and contact information of the DCFS or SMPD representative with whom you speak.
• Be sure to document the incident, disclosure, or any circumstances causing your suspicion of abuse or neglect. State only the facts. • It is not your job to investigate the incident but it IS your job to report the incident to your supervisor, program manager, program administrator, or division manager in a timely manner.
• Check back to make sure appropriate steps were taken. If not, report again to your supervisor, program manager, program administrator, or division manager.
3. Supervisor and Department Response to Suspected Abuse or Neglect:
If a supervisor, program manager, program administrator, or division manager receives a report of abuse orneglect, they must do the following:
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 638 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 40 Exhibit D
Guidelines for Supervisor and Department Response to Suspected Abuse or Neglect
• First, determine if the youth is still in danger and if so, take immediate steps to prevent any further harm.
• Report to the next level of management and determine the appropriate level of management (supervisor, program manager, program administrator, or division manager) to respond to the report. • Gather as much information about the allegation as you can. For example, who made the report, who was allegedly abused, who was the alleged abuser, what was the nature of the alleged abuse, where and when did the alleged abuse occur, etc.
• Accurately record everything you learn in as much detail as you can.
Remember your notes may be read by others. Stick to the facts. • Make sure that a report was made to DCFS or SMPD, and, if not, contact DCFS or SMPD, which are the agencies to which mandatory reports must be directed. Make sure you get a case number and the name and contact information of the SMPD Officer with whom you speak.
• If the alleged abuse or neglect involves Staff, review the file of the Staff who has been reported to determine if similar complaints were reported.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 639 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 41 Exhibit D
4. City Response (Child Protection Officer and Child Protection Committee):
Guidelines for Organizational Response
• Review the need for increased supervision.
• Review the need for revised policies or procedures.
• Review the need for additional training.
• Review the need for discipline up to and including termination in accordance with the City’s progressive disciplinary process. • Advise the Department that reported the issue of any additional actions that should be taken.
B. Responding to Suspicious or Inappropriate Conduct
Because the City is dedicated to maintaining zero tolerance for abuse, it is imperative that all Staff activelyparticipate in the protection of youth. If Staff observe any suspicious or inappropriate conduct or violationsof standards on the part of other Staff, it is their personal responsibility to immediately report their observations.
Examples of Suspicious or Inappropriate Conduct Between Staff and Youth
• Violation of the abuse prevention standards described in the City’s Standards for City-Managed Youth Programs
• Seeking private time or one-on-one time with youth
• Buying gifts for individual youth
• Making suggestive comments to youth
• Picking favorites among youth
• Work with your program administrator, division manager, or department leadership and the City’s Human Resources Department to determine whataction with respect to the accused Staff should be taken while the investigation is completed.
• Advise the person who reported the behavior that the report is being takenseriously.
• Ensure that department leadership is advised of the allegation or incident and the steps taken in response.
• Department leadership shall ensure that a summary of the report and the actions taken in response to the report is provided to the Child Protection Officer for review by the Child Protection Officer and the Child ProtectionCommittee. A form for this purpose is attached to these standards as Attachment 2.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 640 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 42 Exhibit D
All reports of suspicious or inappropriate conduct with youth will be taken seriously. City procedures willbe carefully followed to ensure that the rights of all those involved are protected.
The reporting procedures below apply whether or not the conduct observed risesto the level of child abuseor neglect, as defined by California’s mandatory reporting statutes. What constitutes child abuse or neglectfor purposes of triggering mandatory reporting requirements under California’s mandatory reporting statutes is discussed in Section A above, which lays out the additional mandatory reporting requirements (including an immediate report to DCFS or SMPD) when Staff become aware of conduct they suspect risesto the level of child abuse or neglect (as defined by statute).
Reporting conduct that does not rise to the level of suspected child abuse or neglect:
1. Staff Response:
If Staff observes suspicious or inappropriate conduct or violations of standards by another Staff or by non-Staff, or receives a report of such behavior from either Staff or non-Staff, Staff must do the following:
Guidelines for Staff Response to Suspicious or Inappropriate Conduct or Standards Violations
• Interrupt the behavior immediately.
• Report the behavior to their supervisor, the program manager, program administrator, division manager, or department leadership. • If the report is about a supervisor, make the report to the program manager or higher level of management. If the report is about a program manager, make the report to the program administrator or higher level of management. In general, the report should be made a level of management above that of the individual to whom the report pertains. • Document the report but do not conduct an investigation. • Keep reporting until the appropriate action is taken. • Communicating privately with youth on social media or through email orphone (whether using Staff’s personal email or phone or a City-issued email or phone)
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 641 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 43 Exhibit D
2. Supervisor and Department Response:
If a supervisor, program manager, program administrator, or division manager receives a report ofsuspicious or inappropriate behavior or violations of standards, they must do the following:
Guidelines for Supervisor and Department Response to Suspicious or Inappropriate Conduct or Standards Violations
• Report to the next level of management and determine the appropriate level of management (supervisor, program manager, program administrator, or division manager) to respond to the concern.
• Determine the appropriate response based on the report. • If the report relates to Staff, review the file of the Staff who has been reported to determine if similar complaints were reported. • Document the report on the appropriate form.
• If at any point in gathering information about a report of suspicious or inappropriate behavior, a concern arises about possible child abuse or neglect, contact DCFS or SMPD and file a report.
• If appropriate, notify parents and/or guardians.
• Advise the person who reported the behavior that the report is being taken seriously.
• Ensure that Department leadership is advised of the report and the actions taken in response to the report.
• Department leadership shall ensure that a summary of the report and the actions taken in response to the report is provided to the Child Protection Officer for review by the Child Protection Officer and the Child Protection Committee. A form for this purpose is attached to these standards as Attachment 2.
Based on the information gathered, the following may be required:
a. Increase monitoring or supervision of Staff or the program. b. If standards violations with youth by Staff are confirmed, Staff must be subject to disciplinary action up to and including termination and prosecution. Disciplinary action will follow the City’s progressive disciplinary process in consultation with Human Resources.
c. If more information is needed, interview and/or survey other Staff, youth, and parents.
3. City Response (Child Protection Officer and Committee):
Guidelines for Organizational Response
• Review the need for increased supervision.
• Review the need for revised policies or procedures.
• Review the need for additional training.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 642 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 44 Exhibit D
C. Responding to Youth-to-Youth Sexual Abuse and Sexual Behavior The thought that one youth may sexually abuse another youth does not occur to many people.
Unfortunately,abuse between peers has increased significantly over the past few years.
1. Youth-to-Youth Interactions:
Mostseriousincidents of youth-to-youth abuse are preceded by more subtle incidentssuch as namecalling, taunting, or roughhousing. Interrupting these interactions early and establishing and communicating standards of conduct can keep the program environment safe. Accordingly, the following high-risk youth-to-youth interactions are prohibited during program participation and must be promptly addressed and reported by Staff:
Most serious incidents of youth-to-youth sexual abuse are preceded by inappropriate sexual behaviors. Interrupting these behaviors early and establishing and communicating standards of conduct can keep the program environment safe. Accordingly, the following youth-to-youth sexual behaviors are prohibited during program participation and must be promptly addressed and reported by Staff:
Prohibited Youth-to-Youth Sexual Behaviors
• Inappropriate touching
• Exposing body parts
• Using inappropriate sexual language
• Making threats of sexual activity
• Engaging in sexual activity
• Review the need for discipline up to and including termination in accordance with the City’s progressive disciplinary process. • Advise the Department that reported the issue of any additional actionsthat should be taken.
Hazing
Bullying
Derogatory name-calling
Games of Truth or Dare
Singling out one child for different treatment
Ridicule or humiliation
Prohibited High-Risk Youth-to-Youth Interactions
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 643 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 45 Exhibit D
2. Staff Response:
If Staff observe prohibited youth-to-youth high-risk interactions or prohibited youth-to-youth sexual behaviors, they are instructed to follow these guidelines:
Guidelines for Staff Responding to Youth-to-Youth High-Risk Interactionsor Sexual Behaviors
• If you observe high-risk interactions or sexual behaviors between youth, you should immediately separate them.
• Calmly explain that such interactions/behaviors are not permitted and separate the youth.
• Notify your supervisor and provide a summary of what you observed and how you responded.
• Follow your supervisor's instructions regarding notifying the authorities and informing the parents of the youth involved.
• If you believe the conduct rose to the level of suspected sexual abuse, comply with the reporting requirements for suspected abuse set forth in Section A above.
3. Supervisor and Department Response:
If a supervisor, program manager, program administrator, or division manager receives a report of prohibited you-to-youth high-risk interactions or prohibited youth-to-youth sexual behaviors, they should do the following:
Report to the next level of management and determine the appropriate level of management (supervisor, program manager, program administrator, or division manager) to respond to the concern.
Meet with Staff who reported the high-risk interaction or sexual behaviorto gather information.
Confirm that the youth involved have been separated or placed underincreased supervision.
Review the steps taken by Staff.
Review the incident report to confirm it is accurate and thorough.
Meet with parents of the youth involved.
Determine actions needed to make sure there is no recurrence, including assessing the suitability of the program for the youth involved anddetermining whether removal from the program is appropriate.
Guidelines for Supervisor and Department Response to
Youth-to-Youth High-Risk Interactions or Sexual Behaviors DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 644 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 46 Exhibit D
Based on the information gathered, the following may be required:
a. Review the need for additional supervision
b. Review the need for revised policies or procedures
c. Review the need for additional training
d. Alert others in the organization
4. City Response (Child Protection Officer and Child Protection Committee):
After the internal review of the high-risk youth-to-youth interaction or youth-toyouth sexual behavior, theorganization will determine what can be done to prevent a reoccurrence, such as:
Guidelines for Organizational Response
• Review the need for additional supervision.
• Review the need for revised policies or procedures.
• Review the need for additional training.
• Alert others in the organization.
• Advise the department that reported the behavior of any additional actions that should be taken.
• Advise the Staff that reported the behavior that the report is being taken seriously.
• Ensure that department leadership is advised of the report and the actionstaken in response to the report. A form for this purpose is attached to these standards as Attachment 2.
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 645 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 47 Exhibit E
Exhibit E
COVID Vaccination Policy
THIS COVID-19 ATTESTATION MUST BE EXECUTED & SUBMITTED TO CITY AND MADE PART OF AGREEMENT NO. 4932.
Contractor attests that all of Contractor’s personnel and subcontractors assigned to perform the Services who will either visit or work in City of Santa Monica facilities, or interact with either City of Santa Monica employees or residents, in the course of performing said Services shall be fully vaccinated as defined in the City’s COVID-19 Vaccination Policy (“VP”), a copy of which is attached as Exhibit E to the Agreement under which Contractor, Contractor’s personnel, and/or subcontractors will perform the Services.
Contractor further attests that such personnel and subcontractors have produced to Contractor one of the forms of documentation set forth in the VP. Contractor shall maintain the underlying documentation establishing that such personnel and subcontractors are fully vaccinated and supporting the attestation for the term of the Agreement. Contractor agrees that Contractor will make such documentation available to the City for inspection on demand. Contractor agrees that it will obtain written authorizations from personnel and subcontractors prior to submitting the documentation to City.
Contractor further understands and agrees that failure to comply with the VP, or to permit the City to inspect the documentation to verify compliance with the VP within 10 days after the City’s written request for such documentation, shall constitute a breach of the Agreement and will be grounds for termination.
The undersigned, on behalf of himself or herself individually and on behalf of Contractor, hereby attests that he or she has read and understands the VP and its applicability to the Agreement.
The undersigned further attests that he or she is authorized to execute this attestation on behalf of Contractor.
#
By: ____________________________________
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D 6/25/2022
Richard Goldenson
5.O.l
Packet Pg. 646 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 48 Exhibit E
COVID-19 VACCINATION POLICY
1. Purpose
The purpose of this policy is to provide City employees with a safe work environment and to protect the health and safety of both City employees and the public we serve, during the ongoing local emergency occasioned by the threat to public health and safety posed by COVID-19. To achieve that purpose, the City is requiring that City employees, volunteers (including interns or externs), members of City Boards, Commissions, and Task Forces, and certain contractors be vaccinated for COVID-19.
2. Preamble
The City Manager first declared a state of local emergency on March 13, 2020. Since then, the City Council has ratified the declaration of a local emergency on multiple occasions, the most recent of which was July 13, 2021.
In addition, the states of emergency declared at the county, state, and national level because of COVID-19 all remain in place.
Over the course of the emergency, the Los Angeles County Department of Public Health has issued a series of health orders imposing risk reduction measures to address the COVID-19 emergency. The most recent, issued August 16, 2021, recognizes, among other things:
• Since June 15, 2021, when many restrictions imposed by the state and County were lifted, “community transmission of COVID-19 in Los Angeles County has rapidly increased from Low to High.”
• COVID-19 daily cases are now increasing; on August 13, 2021 alone, Los Angeles County reported 3,810 new cases. As of August 6, 2021, Los Angeles County is also reporting a 7-day daily average case rate of 29.1 cases per 100,000 people, without a 7-day lag. The test positivity rate and number of hospitalizations have also dramatically increased. This indicates a continued and high risk of COVID-19 infection for the unvaccinated. This also means that community transmission of COVID-19 within Los Angeles County is highly likely to increase during the coming days and weeks.
• Currently, the Delta variant is predominant in Los Angeles County. The Delta variant is two times more contagious than earlier COVID-19 variants and continues to lead to increased infections.
• At this time, the current COVID-19 vaccines (the Moderna two-dose and Johnson & Johnson single-dose vaccines approved under the Food and Drug DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 647 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 49 Exhibit E
Administration’s (“FDA”) Emergency Use Authorization (“EUA”) approval process and the Pfizer BioNTech two-dose vaccine approved under the FDA’s Biologics License Application (i.e., general use) (“BLA”) approval process) are effective at helping to reduce the risk of getting and spreading the infection and also of getting seriously ill, even if a fully vaccinated person gets COVID-19, and even against the current variants of the virus that causes COVID-19. Although no vaccine is 100% effective at preventing illness in vaccinated people, the currently authorized COVID-19 vaccines remain the best form of protection against COVID-19.
On August 12, 2021, the Los Angeles County Department of Public Health issued a health order requiring vaccination of health case workers. This order recognizes, among other things:
• The spread of COVID-19 remains a substantial danger to the public. • The Delta variant has become the dominant strain of COVID-19 virus in the County and is much more contagious that previous strains of COVID-19. • Vaccination against COVID-19 is the most effective means of preventing infection with the COVID-19 virus, with the risk of infection reduced by 70% to 95%. Vaccination also appears to reduce the chance of transmission by an infected vaccinated person by 40% to 60%.
• Unvaccinated persons are more likely to get infected and spread the virus. Over 90% of current hospitalizations and deaths are among unvaccinated persons.
Since July 30, 2021, COVID-19 cases and hospitalizations in Los Angeles County have continued to increase. For a recent reporting period, the weekly case average was 3,455 (a 58.6% increase over the last reporting period) and the number of hospitalizations was 1,503 (a 68.6% increase).
In response to the continuing rapid increase in COVID-19 transmission, including that due to the Delta variant, many public employers have adopted mandatory vaccination policies. Among the local public employers implementing such policies are: Los Angeles County, which requires all County employees to be vaccinated by October 1, 2021; the University of California and the California State University systems, both of which require all employees and students to be fully vaccinated; and the City of Pasadena, which is requiring all city employees to be fully vaccinated by no later than September 17, 2021. Furthermore, on August 12, 2021, the Los Angeles County Department of Public Health issued an order requiring health care workers, including doctors and medical assistants, dentists and dental assistants, pharmacists, EMTS, EMT-paramedics, and home health aides to be fully vaccinated by September 30, 2021.
A continued increase in the vaccination rate is paramount to stem the continuing rapid increase in COVID-19 transmission. Currently authorized vaccines have proven effective at preventing severe outcomes from the virus causing COVID-19, including the Delta variant. COVID-19 vaccines are free, safe, and widely available. Getting vaccinated is one of the most important ways to help stop COVID-19 spread. Currently, approximately 88% of Santa Monicans 12-17 years of age and 81% of Santa Monicans 16 years of age or older are vaccinated. The percentage of City employees who are vaccinated falls well below this, with only approximately 60% of employees having DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 648 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 50 Exhibit E
self-reported vaccination, and only approximately 36% having submitted documentation of vaccination.
3. Vaccination Requirement
To ensure that the City fulfills its primary function of protecting the health and safety of the Santa Monica community, while also meeting its obligation to provide a safe and healthy workplace for employees, all Covered Persons must: (a) receive at least one dose of a COVID-19 vaccine, or request an exemption, no later than September 17, 2021; and (b) in the absence of an exemption, be fully vaccinated for COVID-19 by no later than October 29, 2021.
///
///
4. Reporting Vaccination Status and Documentation
a) All Covered Persons must report their vaccination status no later than 5:00 p.m. on September 17, 2021. Covered persons must use the process and form designated by the City for this purpose, and include supporting documentation proving their vaccination status. Covered Persons will certify that they are:
i. Fully vaccinated for COVID-19 (no request for exemption required) ii. Partially vaccinated for COVID-19 (no request for exemption required) iii. Unvaccinated for COVID-19 (request an exemption due to medical/disability or sincerely held religious belief, practice, or observance)
Covered Persons will certify that the information they provide regarding vaccination status is true and accurate.
b) All Covered Persons who certified that they were partially vaccinated for COVID19 as of September 17, 2021, must certify that they are fully vaccinated for COVID19 by no later than 5:00 pm on October 29, 2021. c) All Covered Persons who requested but were denied an exemption, must certify that they are fully vaccinated for COVID-19 by no later than 5:00 pm on October 29, 2021, or such later date as may be specified in the denial of the exemption. d) Covered Persons are required to provide the City with proof of vaccination status within the relevant time frames set forth above. Proof of vaccination status may include any of the following documents:
i. A screen shot of the digital vaccination record, which is available free and instantly from the state of California,
https://myvaccinerecord.cdph.ca.gov/
ii. A photo of the CDC COVID-19 vaccination record card iii. Documentation by the employee's Health Care provider DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 649 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 51 Exhibit E
5. Requests for Exemptions
The City will review requests for medical/disability and religious exemptions on a case -by-case basis consistent with procedures for reasonable accommodation requests. a) Medical/Disability Exemption: Covered Persons with a medical condition, disability, or other medical restriction that affects their ability to safely receive a COVID-19 vaccine, as verified by their Health Care provider, may request a reasonable accommodation to be exempted from this vaccination requirement.
Requests for medical/disability exemption must be submitted to the Human Resources Department using a process and form designated by the City no later than September 17, 2021 at 5:00 p.m. Covered Persons requesting a medical/disability exemption will be required to obtain a completed Certification from their Health Care Provider on a form to be provided by the City.
b) Requests for Religious Exemption: Covered Persons with a sincerely held religious belief, practice, or observance that prohibits them from receiving a vaccine may request a reasonable accommodation to be exempted from this vaccination requirement.
Requests for religious exemption must be submitted to the Human Resources Department using a process and form designated by the City no later than 5:00 p.m. on September 17, 2021. If the City possesses an objective basis for questioning the nature or sincerity of the religious belief, practice, or observance, the City may request that the Covered Person produce additional information to support their request for exemption.
6. Confidentiality of Vaccination Status and Records
The City will maintain the confidentiality of documentation and information regarding a Covered Person’s vaccination status and any request for exemption. The City will limit access to such documentation and information to those employed or retained by the City, such as the City’s Human Resources staff and individual employees’ immediate supervisors, with a need to know as provided by the American with Disabilities Act, the Confidentiality of Medical Information Act, California Civil Code section 56.20 (c), and other applicable local, state, or federal laws.
///
///
7. Definitions
a) “Covered Persons”: Covered Persons are all City employees and volunteers (including interns or externs); all members of City Boards, Commissions, and Task Forces; and all contractors with whom the City, after the effective date of this policy, enters into contracts that will require them to visit or work in City facilities or interact with City residents or employees,
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 650 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) 52 Exhibit E
b) COVID-19 Vaccine: A COVID-19vaccinesatisfiestherequirementofthis policy if the FDA has approved the vaccine’s use under either the EUA or BLA approval processes. Vaccines that currently meet this requirement include Moderna or Pfizer BioNTech (two-dose COVID-19 vaccine series) and Johnson & Johnson/Janssen (a single-dose COVID-19 vaccine).
c) "FullyVaccinated":ACoveredPersonisfullyvaccinatedif14daysormore have passed from the date the Covered Person received the final dose of a two-dose COVID-19 vaccine series (Moderna or Pfizer BioNTech) or a single-doseCOVID19vaccine(Johnson & Johnson/Janssen). This definition may be expanded should booster shots for the COVID-19 vaccines be required in accordance with guidance provided by the U.S. Centers for Disease Control (CDC), FDA, California Department of Public Health, or Los Angeles County Department of Public Health. d) "Partially Vaccinated": A Covered Person is partially vaccinated if they have received at least one dose of a COVID-19 vaccine but do not meet the definition of fully vaccinated.
e) "Unvaccinated": A Covered Person is unvaccinated if they have not received any doses of COVID-19 vaccine or if their vaccination status is unknown. _________________________________________
John Jalili
Interim City Manager
8-23-21
Date
DocuSign Envelope ID: 56DBD241-CA66-43C3-8E16-920270F6B00D
5.O.l
Packet Pg. 651 Attachment: 02 Instructor Agreement_FY22.23_Goldenson, Richard (6758 : Modifications to Recreational Services Agreements) City Council
Report
City Council Meeting: December 17, 2024
Agenda Item: 5.P
1 of 3
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Approval of Seventh Contract Modification with Carahsoft/Granicus for Electronic Agenda Management Services
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a seventh modification to Agreement 9784 (CCS) in the amount of $14,050 with Carahsoft/Granicus for an agenda management software system for the Records and Election Services Department. This will result in a 12.5-year amended agreement with a new total amount not to exceed $257,550, with future year funding contingent on Council budget approval; and
2. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Executive Summary
In 2013, the City entered into a Professional Services Agreement with Carahsoft/IQM2 for an agenda management software system to support City staff’s process of preparing City Council items, agendas and meeting packets. The current contract expires on January 1, 2025, and staff recommends that Council authorize the City Manager to negotiate and execute a seventh modification to Agreement 9784 (CCS) for 6-months, for a total modification amount of $14,050. This will result in a contract not to exceed the amount of $257,550. Extending this contract will maintain services while staff completes implementation of a new and upgraded system in 2025.
5.P
Packet Pg. 652
2 of 3
Discussion
At its August 13, 2013, meeting, the Council authorized the City Manager to negotiate and execute a five-year Professional Services Agreement with Carahsoft/IQM2 for an agenda management system following a competitive procurement process. On May 6, 2014, the contract was modified administratively to revise the Scope of Services to customize templates. During the term of the contract, IQM2 was acquired by Accela in June 2014, and then Accela sold its system to Granicus in March 2018. The second modification with Carahsoft/Granicus, continued service for one year, with three oneyear renewal options. The third modification exercised the third one-year renewal option. The fourth and fifth modifications extended the contract while staff conducted an RFP to replace the current agenda management system. The sixth modification extended the contract while staff implemented and transitioned to the new system.
Delays with implementation involved: revising and streamlining the City’s staff report review process for the new system, and the upcoming release of a new version of the system. This seventh modification and extension would allow time to complete training on and upgrading to the new version; and data migration of legislative files. The new implementation date is anticipated to be June 2025.
Environmental Review
The proposed contract modification is exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption). The proposal is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification would not result in any adverse physical environmental effects as it encompasses software systems and services. Therefore, the modification to the agreement is exempt from CEQA and no further environmental review under CEQA is required.
Past Council Actions
5.P
Packet Pg. 653
3 of 3
Meeting Date Description
08/13/13
(attachment A)
Original bid and agreement electronic agenda management Services
12/29/23
(attachment B)
Sixth Modification to Agreement #9784
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase the amount of the agreement with Carahsoft/Granicus for a 6-month software renewal of an agenda management system. Future year funding is contingent on Council budget approval.
Agreement Modification Request
Agreement #
Current Authorized
Amount
FY 2024-25
Modified Request
Amount
Account # Total Revised
Contract Amount
9784 $243,500 $14,050 01110001.552010 $257,550
Prepared By: Maria Dacanay, Assistant City Clerk
Approved Forwarded to Council
Attachments:
A. Contract 9784, Original
B. Contract 9784, Sixth Modification
C. Oaks Initiative Form
D. Levine Act Form
5.P
Packet Pg. 654
I.
Contract No.q7i!j (CCS)
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement"), entered into as of tfJd · 1, 2013 ("Execution Date"), by and between the City of Santa Monica ("City") and IQM2/Carahsoft ("Consultant"), is made with reference to the following:
RECITALS
A. TI1e City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. Consultant is qualified to do business, and is doing business, in the State of California. Consultant represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.
C. The City and Consultant now desire to enter into an agreement for Consultant to provide software, professional services and web hosting services to the City for an agenda management system.
Now, therefore, the parties agree as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2018.
2. Consultant Services. Consultant will perform all of the services ("Services") described in the City's Request for Proposal (RFP), Exhibit A, Consultant's Proposal (Proposal), Exhibit B, and Consultant's Terms (Exhibit C).
3. City Services. The City agrees to:
3.1. Make available to Consultant any currently existing documents, business process data or information required for the performance of the Services.
3.2. Designate a representative authorized to act on behalf of City.
3.3. Promptly review, test and render findings on all system configuration parame, ters submitted for City staff's review by Consultant.
4. License Grant. In consideration of the City's promises contained in this Agreement, Consultant grants to City, and City accepts, subject to the terms and conditions set forth in this Agreement, a perpetual, non-exclusive and non-transferable license to use the Licensed Products indicated in the Terms attached hereto as Exhibit C. Specifically, City is licensed to install and use the Client Software on an unlimited number of workstations. Consultant represents that it possesses all rights and interest in the Software Product to enter into this Agreement.
1 5.P.a
Packet Pg. 655 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
5. Compensation. The City will compensate Consultant for the Services in an amount not to exceed $85,357, as set forth in Exhibit B.
6. Invoices. Consultant will invoice the City monthly for the Services and the City will pay any undisputed amount within 30 days of receipt.
7. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
7 .1. All notices, demands, requests or approvals to the City:
City of Santa Monica
1685 Main Street, Room 105
Santa Monica, California 90401
Attention: Jory Wolf
7 .2. All notices, demands, requ.ests or approvals to Consultant:
IQM2, Inc.
100 Comae Street
Ronkonkoma, NY 11779
Attention: Doug Eden
8. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, e1nployees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct of Consultant or any of Consultant's agents, employees, or subConsultants, except as otherwise provided in this Agreement.
9. Integrated Contact. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature arc merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and Consultant, and approved as to form by the City Attorney.
10. Insurance. Prior to co1n1nencing work, Consultant rnust procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by Consultant or Consultant's agents, representatives, employees or subConsultants for the duration of this Agreement. Consultant 1nust obtain insurance that, at a tninhnum, meets the re, quirements for insurance set forth in Exhibit D, Insurance Requirements and Verifications.
11. Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of any alleged breach of any provision of this Agreement, the prevailing party is entitled to receive from the losing party all reasona2
5.P.a
Packet Pg. 656 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) ble litigation costs, disbursements and expenses, and such amount as the court may adjudge to be reasonable attorney's fees.
12. Defense and Indemnification.
12.1. Consultant agrees to defend and indemnify City, its City Council, boards and commissions, officers, agents and employees against any or all loss, damages, liability, clailns, suits, costs, expenses, and judgments, whatsoever, including rca~ so nab le attorney's fees, arising from the negligent or willful acts, errors or omissions of Consultant or Consultant's officers, agents, employees or subConsultants, in the pcrfonnancc of services, activities or work conducted pursuant to this Agreement.
12.2. Consultant agrees to defend and indemnify City, its City Council, boards and commissions, officers, agents and employees, from and against any and all claims and losses whatsoever, including reasonable attorney's fees occurring to or resulting from any and all persons, firms, or corporations employed or contracted by Consultant or Consultant's subConsultants in connection with Consultant's services under this Agreetnent.
13. Prohibition against Transfers.
13.1. Consultant may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City's consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
13.2. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant or of any general partner or joint venturer or syndicate member of Consultant, if a partnership or joint venture or syndicate exists, which results in changing the control of Consultant, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
14, Permits and Licenses. Consultant, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
15. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
16. Default and Termination.
16.1. If Consultant fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City's written 3 5.P.a
Packet Pg. 657 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Consultant.
16.2. The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days' written notice to Consultant. Upon termination of this Agreement, City will pay Consultant any compensation earned and unpaid up to the effective date of termination.
17, Compliance with Law. Consultant must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City.
18. Discrimination. Consultant may not discriminate in the provision of services hereunder because of race, color 1 religion, national origin, ancestry, sex, age, sexual orien, ration, marital status, AIDS or disability.
19. Nuisance. Consultant 111ay not 1naintain, comn1it, or permit the 1naintenance or co1n1nission of any nuisance in connection with the perforrnance of services under this Agreement.
20. Standard of Care. Consultant agrees to provide all Services, including services performed by any subConsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant's profession currently practicing in the same locality under similar conditions.
21. SubConsultants.
21.1. If Consultant proposes to have any subConsultant perform any part of the Services, Consultant must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subConsultant, and the total price or hourly rates used in preparing an estimated cost for the subConsultant's services. The City, in its sole discretion, may grant or deny the request.
21.2. Consultant will be responsible for the quality of any subConsultant's work. Every subcontract or agreement of any kind entered into between Consultant and any subConsultant (or between any subConsultant and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. ______ (CCS) entered into between the City of Santa Monica and Consultant on _________ .
22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
23. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature 1nust be exercised after termination of this Agreetnent, will survive tennination 4 5.P.a
Packet Pg. 658 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) and remain effective for a reasonable time. Any obligation that accrued prior to ter, mination of this Agreement will survive termination of this Agreement.
24. Confidentiality. Each party shall hold in confidence and shall not disclose (except on a confidential basis to its employees, contractors and Consultants who need to know and who agree to preserve the confidentiality thereof) all confidential information re, ceived from the other party in the same manner and to the same extent as it holds in confidence its own confidential information, and shall not use any such confidential information except for purposes contemplated by this Agreement. Notwithstanding the foregoing, confidential information shall not include any information which: (i) is or becomes part of the public domain through no act or omission on the part of the receiving party, (ii) is in the receiving party's possession, as evidenced by a writing, without an obligation of confidentiality with respect thereto, at or prior to the time of disclosure under this Agreement, (iii) is released from confidential treatment by writ· ten consent of the disclosing party; (iv) is disclosed to the receiving party by a third party with the legal right to do so; or (v) is required to be disclosed pursuant to any le, gal, regulatory, or other governmental proceedings.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
SARAH P. GORMAN
City Clerk
5 CITY OF SANTA MONICA,
a 1nunicipal corporation
By:~
ROD GOULD -----
City Manager
IQM2, INC.
~m:9~~"'
Title: Gou
5.P.a
Packet Pg. 659 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
EXHIBIT A
Request for Proposal (See Attached)
5.P.a
Packet Pg. 660 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) City of Santa Monica
The City of Santa Monica is seeking an agenda management software system to assist with the development of public policy presented to the City Council.
The primary purpose is to assist City staff in the development of staff reports for City Council meetings.
April 1
2013
e
···-~
®
5.P.a
Packet Pg. 661 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
Table of Contents
1.0 Goals and Objectives ................................................................................................................................. - 2 -
2.0 Background ................................................................................................................................................ - 2 -
3.0 Scope of Work ........................................................................................................................................... - 3 -
4.0 Specifications and Requirements .............................................................................................................. - 4 -
5.0 RFP REVIEW CRITERIA ...................................................................................................................................... - 8 -
6.0 VENDOR RESPONSE .......•................................................................................................................................. - 9 -
1. INTRODUCTION ............................................................................................................................................. - 9 -
2. EXPERIENCE ................................................................................................................................................... - 9 -
3. QUESTIONS .................................................................................................................................................... - 9 -
4. SCHEDULE .................................................................................................................................................... - 10 -
5. COSTS ........................................................................................................................................................... - 11-
6. REFERENCES ................................................................................................................................................. - 11 -
7. EQUIPMENT SPECIFICATIONS ...................................................................................................................... - 11-
7.0 RFP SUBMITTAL ............................................................................................................................................. - 12 -
8.0 RFP SCHEDULE ............................................................................................................................................... - 13 -
9.0 INFORMATION AND INQUIRIES ..................................................................................................................... -13 - ATTACHMENT A- BUSINESS LICENSE ................................................................................................................. • 14 - ATTACHMENT B- INSURANCE REQUIREMENTS ................................................................................................. -16 - ATTACHMENT C - NON COLLUSION AFFIDAVIT TO ACCOMPANY ...................................................................... · 18 · ATTACHMENT D -OAKS INITIATIVE NOTICE ....................................................................................................... - 20 - ATTACHMENT E -CITY POLICY ON DOING BUSINESS WITH ARIZONA FIRMS .................................................... • 22 - ATTACHMENT F - LIVING WAGE ORDINANCE ......................................................................................................... 25 ATTACHMENT G - PERSONNEL BENEFITS ............................................................................................................... 29 . 1-
5.P.a
Packet Pg. 662 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
1.0 Goals and Objectives
The City of Santa Monica is seeking to implement an agenda management software system to assist with the development of public policy presented to the City Council. The primary purpose of the agenda management system is to assist City staff in the development of staff reports for City Council meetings over a long-range period of time. The system will also be used to prepare agendas for other City boards and commissions.
The following Request for Proposal (RFP) is seeking qualified companies to submit detailed proposals covering system functionality, experience, and abilities in implementing and maintaining an agenda management system.
2.0 Background
The City of Santa Monica is an international tourist destination coastal city located in the western portion of Los Angeles County. The City serves a diverse population of roughly 90,000 residents and 15,000 businesses in approximately 8.3 square miles. The City is a full-service Charter city, providing a wide array of services including City-owned and operated transit services, solid waste services, a cemetery, general aviation airport and public safety. The City is bordered by the City of Los Angeles on the north, south and east.
The Santa Monica City Council meets the second and fourth Tuesday of every month to adopt legislation, provide direction to City administration and to promote the best interests of the community locally and with other governmental agencies. The Council receives research and recommendations from City staff via staff reports. A staff report is information presented to Council in support of a recommended policy decision. They include analysis, alternatives and costs; serve as the official record of an issue and are the basis for Council's decision-making.
The current process to develop a staff report for City Council is paper-driven and requires extensive coordination and staff time. Once approved by the originator's supervisor, reports are sent from the originating department to three reviewing departments. Reviewing departments have a week to simultaneously edit the report and attachments. Originating departments receive feedback in three different formats - email, hand written comments and comments in an excel spreadsheet. After three business days, signed hard copies of revised final staff reports are delivered to the City Manager's Office. Five business days are allotted before all final staff reports are approved. The City Clerk receives the final packet of staff reports from the City Manager's office, makes 22 paper copies, delivers the packets to City Council members and posts the agenda with all staff reports online.
- 2 -
5.P.a
Packet Pg. 663 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) AGENDA MANAGEMENT SYSTEM f REQUEST FOR PROPOSALS
Figure 1.1
• Originator: Author of a staff report.
• Department Shepherd: A point person who reviews, collects and submits staff reports and attachments. • CAO: City Attorney's Office.
• CMO: City Manager's Office.
The City seeks a single web-based agenda management system to:
1. Manage the generation of staff reports and respective attachments.
2. Move staff reports throughout the organization via a workflow process.
3. Generate a meeting agenda and agenda packet including staff reports and all attachments.
An institutionalized and systematic process would allow for new internal efficiencies and more effective resource management. It must deliver high quality staff reports the City Council has come to expect from City staff. This system would also be used by the 19 City task forces, boards and commissions.
3.0 Scope of Work
The City of Santa Monica, herein after referred to as the City, has the right, at its sole discretion, to add, delete, or change any specifications or requirements to meet its needs.
The City intends to acquire/use a web-based, enterprise-class software application to manage the City's agenda management system. The software should provide tools for planning and managing all aspects of the staff report development process, including but not limited to tracking all aspects of each Council meeting packet, various staff reports and attachments; staff report preparation, review, and final submission via workflow; electronic delivery of meeting packets; automated archiving of these public documents into the City's Laserfiche repository; and tracking of Council actions, managing public speakers and taking minutes during Council meetings.
The City is seeking to implement an agenda management system that generates a forward-looking report of all Council meeting agendas and staff report items for a six month period of time.
The system should allow multiple users in various departments to use a workflow process to track and manage reports, attachments, edits etc. as they move through the organization . • 3 -
5.P.a
Packet Pg. 664 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
The system should allow for staff report approvers to automatically delegate a colleague whens/he is away.
The system should have definable workflow capabilities to automate the staff report approval process. It should also enable staff to customize report templates with standard formatting and language based on policy action to assist writers and ensure recommendations correctly correspond with budget impacts.
The system should have interface capabilities to retrieve and/or store data from/into disparate systems i.e. send final documents to the City's Laserfiche repository.
The system should generate a single bookmarked .pdf document of a completed meeting packet with attachments for public use. The system should also generate that meeting packet with attachments in an HTML based form available for public use.
The system should have the ability to export finalized agenda packets, inclusive of all elements (i.e. staff reports, attachments, etc.) to the City's website in a manner consistent with the City's existing content policies. All items should be machine-readable, and optimized for both desktop and print, including an "Offline" version of the entire packet which allows users to downloa.d and review the full contents of a given agenda packet without the need for an active Internet connection.
The interested and eligible vendor shall provide the City with a fully functional agenda management system with customization requirements to meet the set of performance features described in Section 4.0 of this Request for Proposal.
Measurable project objectives
• Automate the routing and approval of staff reports
• Automate the creation and posting of Council agenda and meeting packets • Remote access to draft, edit and approve staff reports and meeting packets
4.0 Specifications and Requirements
Responses must clearly show compliance with the specifications outlined below. The City reserves the right to reject without further consideration those responses that are not clearly responsive to the following agenda management system specifications:
4.1 Agenda Management System
• Must support creation of agenda packet documents according to meeting date and agenda type.
• Must provide ability for user to publish the agenda to the web with associated links to supporting documents.
• Must allow creation of draft staff reports that can be edited by reviewers. • Must have an audit log to track edits and comments from staff report reviewers. • Must have the ability to insert images, charts tables and other graphics into the body of a staff report.
• Must allow for staff report authors to enter an estimated time the item will take to be heard during the Council meeting for their item and revise the estimate as the meeting approaches. - 4 -
5.P.a
Packet Pg. 665 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
• Must allow staff report reviewers and approvers to review and approve staff reports off-site. • Must allow for changing items from one meeting date to another. • Must be the primary location for long range agenda management. • Must create links to supporting materials to agenda item document. • Must allow for unique staff report, agenda, and minutes format used by the City of Santa Monica.
• Must provide interface that allows a user to download the agenda and all supporting materials. • Must provide automatic notification when a document is revised. • Must allow sequential revision from three departments on a single draft version of the staff report.
• Must allow process steps of agenda and agenda items such as draft, revision, and final. • Must have ability to show where. an agenda item is within the workflow process and its status (approved, disapproved), being drafted, final, etc.
• Must have the ability to integrate electronic signature for Department Heads and City Manager upon approval of final reports.
• Must have ability to accept different types of attachments (docx, xlsx, jpg, gif, tiff, and .pdf) to support and link to agenda items, such as text, graphics, word processing applications, spreadsheets, photos, etc.
• Must have ability to automatically convert the Council agenda, staff reports and all attachments used to support staff reports to a single bookmarked .pdf document for printing and on line distribution.
• Must allow an unlimited number of meeting dates to be added and managed by the system. • Must have ability to track ordinances which require two readings, such as two Council meetings, for approval.
• Must allow users to review, edit and revise attachments similar to how a staff report is reviewed, edited and revised.
• Must have ability to incorporate scanned documents as attachments to a staff report. • Must have ability to print entire agenda and all attachments, including correspondence letters from the public, with configurable numbering.
4.2 Security & Administrative Functions
• The proposed system must provide administrative, group and user security. • Must have a Systems Administrator function that can manage security and provide overall system help to users.
• Must have ability to assign user rights based on a users role in the agenda process. • Must have ability to configure system based upon security rights. • Must have dashboard customization options to track agenda items in the agenda process for multiple meetings.
• Discuss common Customizations former clients implemented. • Must have ability to manage multiple boards and commissions. • Must have ability to support simultaneous multiple-user access to all components of the agendas.
• Must secure access to different sections of the system to be defined as read-only, read and - 5 -
5.P.a
Packet Pg. 666 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM ( REQUEST FOR PROPOSALS
write, or no access.
• Must allow electronic agenda distribution to Elected Officials. • Must allow for unlimited number of users and administrators.
4.4 Public Access
• Must integrate directly with the City's current Granicus Council meeting media system (web and audio streaming).
• Must provide a method to download the agenda and all associated attachments as a single PDF. e Must integrate with future public interfaces that allow public comment, rating of staff reports, and public user registration to facilitate online civic engagement regarding local policy development.
• Must have the ability to integrate software that sends push notifications to the public when specific agenda items are being heard by the City Council. • Must be able to send final documents to the City's Laserfiche document management system
4.5 City's Virtual Computing Environment
The City of Santa Monica features a robust Information Technology infrastructure featuring hardware virtualization, high performance/high availability storage attached network, multiple data centers, single forest/single domain Windows 2008 Active Directory structure, and an enterprise-wide licensing agreement for Microsoft products.
The City's database architecture utilizes Microsoft SQL Server 2008, and is powered via physical and virtual servers running Windows 2008 R2. The city's database servers utilize network storage via a Storage Attached Network for optimum performance, uptime, and scalability. All hardware is server class hardware is provided by Hewlett-Packard Company.
SERVERS:
• Hewlett Packard Proliant BL 460c G7 (Server Blade)
• 2 CPU's, Intel Xeon 6 Core 2667 MHz.
• 96 GB of RAM.
• 25 Tera Byte of storage.
• Fiber Emulex LPe 1205 HP 8 GB Fiber Channel HBA.
• CommVault Backup.
Hewlett Packard Proliant BL 460c G6 (Server Blade)
• Intel Xeon Quad Core 2533 MHz.
• 48 GB of RAM.
• 25 Tera Byte of storage.
• Fiber Emu lex LPe 1205 HP 8 GB Fiber Channel HBA.
• CommVault Backup.
Operating System:
- 6 -
5.P.a
Packet Pg. 667 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
• VMware Vsphere Cluster version 4.1 or 5
• VMware hypervisor ESXi version 4.1 or 5
• VMware Site Recover Manager (SRM} for Disaster Recovery.
4.6 Technical Requirements
• All servers should preferably run within a VMware ESX environment. • All tiers of each layer such as the application layer (including the database} and presentation layer must provide secure encryption through the network. • If physical servers are required, the physical servers that comprise the system must be rack mounted with a size of lu blade.
• All servers should preferably support SAN storage.
• Database server must run on a Microsoft SQL Server (MS SQL 2005 and above}. • All thin client portals must be compatible with all browsers which includes but not limited to IE 8, IE9, Firefox v 3.6, Chrome and Safari v 5.
• The City prefers an all-thin client environment. If a thick client must be deployed, it must support MSI for ease of deployment.
• The system must fully implement the Microsoft Windows graphical user interface standards.
The City currently operates desktop computers running Windows 7 and Windows 8 Enterprise.
The City operates Windows 2003, Windows 2008 SR2 servers and Windows 2012 servers running Microsoft SQL 2003 r2, Microsoft SQL 2008 R2 and Microsoft SQL 2012. • The system must have database administration capabilities that will allow the system administrator to manage user access and provide for the development of user accounts and provide for password protection. Multiple levels of user security must be available that provides for read-only, read-write, update, and full-control access. Database administration functions should provide the ability to selectively "lock" certain database tables/records. • The system must be under client-server architecture and multi-user functionality. • The system must provide user-friendly and flexible reports. All reports must be customizable to the City's particular needs.
• The City prefers a site/enterprise licensing model that allows for unlimited client licenses. • The software must fully comply with the American National Standards Institute (ANSI} and SQL standards.
• File Management - Must allow for a system Administrator to easily manage the system, including the creation of individual user accounts.
• Provide a minimum of one hundred and eighty (180} days of software support consisting of telephone support via an 800 toll free number. Ongoing software support for subsequent years must also be available through a software maintenance agreement available on a set fee basis.
Technical Requirements
• All servers should preferably run within a VMware ESX environment. • All tiers of each layer such as the application layer (including the database} and presentation layer must provide secure encryption through the network. • If physical servers are required, the physical servers that comprise the system must be rack - 7 -
5.P.a
Packet Pg. 668 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
mounted with a size of lu blade.
• All servers should preferably support SAN storage.
• Database server must run on a Microsoft SQL Server (MS SQL 2005 and above). • All thin client portals must be compatible with all browsers which includes but not limited to IE 8, IE9, Firefox v 3.6, Chrome and Safari v 5.
• The City prefers an all-thin client environment. If a thick client must be deployed, it must support MSI for ease of deployment.
• The system must fully implement the Microsoft Windows graphical user interface standards.
The City currently operates desktop computers running Windows 7 and Windows XP Professional. The City operates Windows 2003 and Windows 2008 SR2 servers running Microsoft SQL 2003 r2 and Microsoft SQL 2008 R2.
• The system must have database administration capabilities that will allow the system administrator to manage user access and provide for the development of user accounts and provide for password protection. Multiple levels of user security must be available that provides for read-only, read-write, update, and full-control access. Database administration functions should provide the ability to selectively "lock" certain database tables/records. • The system must be under client-server architecture and multi-user functionality. • The system must provide user-friendly and flexible reports. All reports must be customizable to the City's particular needs.
• The City prefers a site/enterprise licensing model that allows for unlimited client licenses.
5.0 RFP REVIEW CRITERIA
Proposals should be submitted in the RFP Response Format as specified in Section 6.0 and should meet the Scope of Work, specifications and requirements in sections 4.0 and 5.0 as defined in this Request for Proposal. An Evaluation Committee comprised of staff from various Departments within the City will review submitted proposals. The Evaluation Committee will compare, rate, and rank the submitted proposals based on, but not necessarily limited to, the following criteria:
• Understanding of the project and responsiveness to project requirements, • Knowledge of and experience providing similar systems for other cities, • Project costs, and
• Project References.
The Evaluation Committee will schedule interviews with the most qualified firms to provide an opportunity for product demonstrations. In addition to scheduled product demonstrations, the City may request access to an active demonstration cqpy of the product software so that City staff can test the product's capabilities.
Following the evaluation process, a recommendation will be made to the City Manager or the City Council to select the Bidder that submitted the best and most responsive proposal as determined by the Evaluation Committee.
"8 -
5.P.a
Packet Pg. 669 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
6.0 VENDOR RESPONSE
The following Request for Proposal response format is required and has been designed to facilitate comparison among proposals submitted:
1. INTRODUCTION
Provide a summary of the proposal and demonstrate that the company understands the project, including a general approach responding to the City's requirements. This should also include an introduction to the Bidder as well as the name of a contact person.
2. EXPERIENCE
Provide a summary of the Bidder's qualifications and experience with Agenda Management Systems. Include specifics regarding qualification and experience in similar projects. Demonstrate the Bidder's acceptance and industry expertise by providing three valid references of similar-sized local governments using the products specified in this Request for Proposal, preferably located in California.
The Bidder should be able to demonstrate their product and its capabilities and functionality of interfaces.
3. QUESTIONS
Please provide complete responses to the following:
Agenda Management System
1. Describe the proposed agenda management system.
2. Explain if the system can maintain bookmarks and links when exporting to the web where links exist in documents.
3. Explain how the automated process for minutes and follow up actions are prepared and/or populated and tracked from the discussion and source documents.
4. Explain what functionality is provided to manage contracts and professional service agreements that result from decisions on staff reports presented to Council.
5. Explain what functionality is provided to manage meeting activities (motions, video streaming, video/audio clip referencing in minutes, etc.)
6. Discuss possible conversion/migration process of old agendas, minutes and reports.
7. Please walk through the process, from generation of a staff report to the creation of a public document.
8. Explain the system's reporting functionality, specifically, how to generate a forward-looking report of all council meeting agendas and staff report items for a six month period of time.
9. Explain how a staff report approver will delegate a colleague whens/he is away.
10. Explain how a staff report approver can edit a staff report.
11. Demonstrate with screen shots how the end user portal will exist on the City's website:
http://www.smgov.net/departments/clerk/agendas.aspx.
12. How does the system add additional templates or users after the initial installation of the software and will it disrupt the system while they are being added? - 9 -
5.P.a
Packet Pg. 670 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
13. What are the costs for adding additional templates? Additional users?
14. Do you provide integration with Laserfiche? If so, what are estimated costs and functionality options?
15. Who make up the implementation team and what is their relevant experience setting up similar systems in peer institutions?
16. Explain any minutes preparation functionality available with your system or as an add-on module.
Hardware and Software
17. What web browsers/versions does your system support?
18. What is the suggested hardware server configuration and operating system?
19. What are the complete hardware specifications?
20. What are the requirements for the workstations that use this hardware or software?
21. What are the minimum PC requirements to operate software?
22. If proposed system is not Saas, what are the recommended server and database requirements?
23. How are workflow/notifications handled? What ancillary systems are used to support the product (i.e. Microsoft Exchange? What version?).
Security and Administrative Functions
24. Explain version control with your proposed system.
25. Explain archiving of revision history of information.
26. Indicate any system archiving capability (e.g. ability to move on-line data to off-line storage).
27. Describe backup and restore features.
28. Explain the retrieval, search and query functionality of proposed product, including capability of full text, keyword, and multiple file extension searching. This would extend to minutes, reports (both formal and adhoc) and agendas.
29. What is the maximum file size for individual attachments (ensuring no latency occurs)?
30. What is the maximum storage size for all information/data?
31. Provide an architecture diagram of the hardware and/or software systems.
32. Provide a listing of recommended training schedules for implementation including for System Administrators and End-User.
33. Discuss the process for configuration including the various roles required for implementation and support.
Public Access
34. Explain whether the agenda management package is equipped to allow members of the public to digitally sign up for public comment during or before a public meeting.
4. SCHEDULE
The Bidder must provide a detailed project schedule, including but not limited to system configuration, setup, installation, training, testing, customization and acceptance. Explain how much City staff time is required in each phase oft he project schedule. The project schedule must provide a week-by-week schedule and include a listing of key activities, deliverables, and dates. - 10 -
5.P.a
Packet Pg. 671 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
Microsoft Project is preferred to illustrate the length of each major task. The project timetable will be reviewed with the selected vendor prior to beginning the project as part of the contract negotiation process.
5. COSTS
The Bidder must provide detailed costs for the system delineating any configuration, setup, and implementation costs from system usage costs. The City prefers a plan that offers unlimited utilization of the system.
The vendor must provide a detailed itemized cost breakdown of the following categories:
1. Software licensing and annual renewals
2. Professional services for installation/configuration, travel costs to be included
3. On-site training (specify costs for system administrator training and end-user training)
4. Rates for additional trainings
5. Fee schedules for trainers and hourly rates for customization of product
6. Annual service and maintenance for five years
7. All other miscellaneous costs not listed above
The City reserves the right to select any or all of the components above, or that are included in the proposal.
6. REFERENCES
The following outline is a record of the bidder's relevant experience in work of a type similar in magnitude and character to that contemplated under this request for proposals. Please submit at least three (3) references for whom you have provided similar services in size and nature. Additional numbered pages·outlining this portion of the proposal may be attached to this page.
7. EQUIPMENT SPECIFICATIONS
If the Bidder proposes a system that includes or requires any on-premise hardware, the Bidder must provide detailed specifications of all of the equipment listed in their proposal. The Bidder must include cut sheets of all equipment proposed.
Within fifteen (15) calendar days after award of Contract by the City, the proposer to whom the Contract is to be awarded will be notified of the award by telephone or electronic mail. The City and vendor shall then work together to negotiate and execute Purchase and Maintenance Agreements.
The award of the Contract, if it is awarded, will be to the responsible Bidder complying with the instructions contained in this Request for Proposal. The City, however, reserves the right to select the schedules under which the proposals are to be compared, to reject any and all proposals, and to waive any irregularity in proposals received.
The City and vendor shall then work together to negotiate and execute Purchase and Maintenance Agreements. Shortly thereafter, a Notice of Award will be mailed, including the negotiated Contract for - 11-
5.P.a
Packet Pg. 672 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
execution.
A copy of a professional services agreement, maintenance agreement, licensing agreement and other required documentation is contained in Attachment C. Completion of forms and agreements are finalized in the negotiation process.
7.0 RFP SUBMITIAL
Submit five (5) signed copies of your proposal and one (1) electronic copy in Microsoft Word format or Adobe PDF format in a sealed envelope by 5:00 pm (PST) on Tuesday April 30, 2013. The envelope must be marked in the upper left hand corner with the name and address of the proposer. Proposals shall be sent to:
City of Santa Monica, City Clerk's Office
Attention: Sarah'Gorman, City Clerk
1685 Main Street, Room 102
Santa Monica, California 90401
A proposal will not be accepted after the date and time designated above. It is the sole responsibility of the Bidder to see that the proposal is delivered and received in proper time. Any proposal received after said designated date and time shall be returned to the proposer unopened.
By submitting a response to this Request for Proposal, the Bidder waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this Request for Proposal. The City reserves the right to select any number of qualified finalists. In addition, the City reserves the right to issue written notice to all Bidders of any changes in the proposal submission schedule, should the City determine in its sole and absolute discretion that such changes are necessary. Acceptance of any proposal submitted pursuant to this Request for Proposal shall not constitute any implied intent to enter into a Contract for execution. The City reserves the right to reject any and all proposals. The vendor selected will be under contract to the City of Santa Monica.
- 12 -
5.P.a
Packet Pg. 673 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
8.0 RFP SCHEDULE
RFP Release April 1, 2013
Vendor Inquiries Due April 15, 2013 by 5:00 pm (PST)
City Response to Inquiries April 22, 2013
Proposals Due April 30, 2013 by 5:00 pm (PST)
9.0 INFORMATION AND INQUIRIES
All inquiries are due by Monday, April 15, 2013 by 5:00 pm (PST), and must be submitted via electronic mail to Sarah Gorman, City Clerk, at [email protected]. Inquiries will be acknowledged via electronic mail, upon receipt. City responses to questions will be compiled and posted in writing on PlanetBids and emailed to a vendor list used to notify potential vendors of the RFP.
For further information, please contact:
Sarah Gorman, City Clerk
Telephone: (310) 458-8211
E-mail: [email protected]
. 13.
5.P.a
Packet Pg. 674 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
ATIACHMENT A-BUSINESS LICENSE
CITY OF SANTA MONICA
BUSINESS LICENSE
WHO NEEDS A BUSINESS LICENSE?
The City of Santa Monica Municipal Code requires all businesses operating or located in Santa Monica to obtain a business license. A separate business license is required for each location and for each business activity operated in Santa Monica. The license period is July 1st through June 301h of each year.
· Check where applicable:
1. Do you come into the City of Santa Monica to conduct business? Yes No -.,..-,,,---- ----- 2. Do you deliver parts and/or products in your own company vehicle? Yes No -----
If you checked "yes" to either question, please refer to the information below for business license & insurance requirements.
• If you come into the City of Santa Monica to conduct business, you will be required to have a City of Santa Monica business license AND insurance (see below for descriptions). • If you deliver parts and/or products in your own company vehicle and do not perform any service except delivery, you will be required to have a City of Santa Monica delivery license ONLY.
BUSINESS/DELIVERY LICENSE
Please call 310-458-8745 or visit our website for further information at:
BUSINESS LICENSE APPLICATION
APPLY ON-LINE
DOWNLOAD FORMS TO MAIL IN OR APPLY IN PERSON
• If your business is located at a commercial location in Santa Monica, download and complete the COMMERCIAL BUSINESS LICENSE APPLICATION.
- 14 -
5.P.a
Packet Pg. 675 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM ( REQUEST FOR PROPOSALS
• If your business is operated from your residence in Santa Monica, download and complete the RESIDENTIAL BUSINESS LICENSE APPLICATION.
• If your business is located outside of Santa Monica and you come into the City to perform work or provide services, download and complete the OUT-OF-CITY BUSINESS LICENSE APPLICATION.
- 15 -
5.P.a
Packet Pg. 676 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
ATIACHMENT 8- INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope/Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering GCL on an "occurrence" basis, including products-completed operations and personal and advertising injury, with limits of 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 or the general aggregate limit shall be twice the required occurrence limit.
2. Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
If the Consultant maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
Other Insurance Provisions
1. The policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status (CGL policy): The City of Santa· Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts or equipment furnished in connection with such work or operations.
The additional insured status can be provided in the form of an endorsement at least as broad as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10 and CG 20 37. b. Primary Coverage (all policies): For any claims related to this contract, the Consultant's insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it.
c. Notice of Cancellation (all policies): Each insurance policy required herein shall state that coverage shall not be cancelled, except after 30 days prior written notice (10 days for nonpayment) has been given to the City of Santa Monica. d. Waiver of Subrogation (CGL policy): Consultant hereby grants to the City of Santa Monica a - 16 -
5.P.a
Packet Pg. 677 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received the a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to reduce or eliminate the deductible or retention applicable to the contracted work or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of Agreement. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach. Alternatively, City of Santa Monica may purchase such coverage {but has no special obligation to do so), and without further notice to the Consultant, the City may deduct from sums due to the Consultant any premium costs advanced by the City for such insurance.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance meeting all the requirements stated herein.
Special Risk or Circumstances
The City of Santa Monica reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. - 17 -
5.P.a
Packet Pg. 678 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) AGENDA MANAGEMENT SYSTEM f REQUEST FOR PROPOSALS
ATIACHMENT C- NON COLLUSION AFFIDAVIT TO ACCOMPANY
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }
PROPOSALS OR BIDS
-------------~being first duly sworn, deposes, and says: that She/He is:
(Insert "Sole Owner," "A Partner", "President," "Secretary," or other proper title) of __________________________________ _
(Insert name of bidder)
Who submits herewith to the City of Santa Monica the attached proposal; that He, She, It, or They is (are) the person(s) whose name(s) is (are) (strike out words not appropriate) signed to the hereto attached proposal; that said proposal is genuine; that the same is not sham or collusive; that all statements of fact therein are true; that such proposal was not made in the interest or on behalf of any person, partnership, company, association, organization or corporation not therein named or disclosed.
Affiant further deposes and says: that the bidder has not directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interests of the public body which is to award the contract or of any other bidder, or anyone else interested in the proposed contract; that the bidder has not in any manner sought by collusion to secure for himself, herself, itself, or themselves, an advantage over any other bidder. (strike out words not appropriate)
Affiant further deposes and says that prior to the public opening and reading of bids the said bidder:
(a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid; (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid, or that anyone should refrain from bidding or withdraw his bid;
(c) Did not, in any manner, directly or indirectly, seek by agreement, communication or conference with anyone to raise or fix any overhead, profit or cost element of his, her, its, their price, or of that of anyone else; and
- 18 -
5.P.a
Packet Pg. 679 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
(d) Did not, directly or indirectly, submit his, her, its, or their bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid, depository, or to any member or agent thereof, or to any individual or group of individuals, except to the awarding authority or to any person or persons who have a partnership or other financial interest with said bidder in his, her, its, or their business. (strike out words not appropriate) I declare under penalty of perjury that the foregoing is true and correct.
Signature Name of Bidder
- 19 -
5.P.a
Packet Pg. 680 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
ATIACHMENT D- OAKS INITIATIVE NOTICE
CITY OF SANT A MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER
BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica's voters adopted a City Charter amendment commonly known as the Oaks Initiative. It prohibits a public official from receiving specified personal benefits from a person or entity after the official votes, or otherwise takes official action, to award a "public benefit" to that person or entity. Examples of a "public benefit" include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000.
The Oaks Initiative requires the City to provide this note and information about the Initiative's requirements. An information sheet on the Oaks Initiative is attached. You may obtain a full copy of the Initiative's text from the City Clerk.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person who is seeking a "public benefit." If the "public benefit" is sought by an entity, rather than an individual person, the information includes the name of every: (a) trustee, (b) director, (c) partner, (d) officer, or (e) ten percent interest in the entity. Therefore, if you are seeking a "public benefit" covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form.
- 20 -
5.P.a
Packet Pg. 681 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) AGENDA MANAGEMENT SYSTEM f REQUEST FOR PROPOSALS
CITY OF SANTA MONICA (ity d
S~nH.a ,Uonhrn:I) OAKS INITIATIVE DISCLOSURE FORM
All persons or entities receiving public benefits defined below from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of those with more than a 10% equity, participation or revenue interest. This information is required by City Charter Article XXIITaxpayer Protection.
Name of Entity:--------------------
Name( s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of those with more than a 10% equity, participation, or revenue interest:
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- . month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax "abatement, exception, or benefit" of a value in excess of $5,000 in any 12-month period; or
7. Payment of "cash or specie" of a net value to the recipient of $10,000 in any 12-month period.
Prepared by:. __________ _ Signature:. _______________ _ Date:. _____________ _ Title:. ______________ _
FOR CITY USE ONLY:
Bid/PO/Contract# --------- Permit# ____________ _
• 21 -
5.P.a
Packet Pg. 682 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
AGENDA MANAGEMENT SYSTEM I REQUEST FOR PROPOSALS
ATIACHMENT E- CITY POLICY ON DOING BUSINESS WITH ARIZONA FIRMS
CITY OF SANTA MONICA
CITY POLICY ON DOING BUSINESS WITH ARIZONA FIRMS
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING TO DO
BUSINESS WITH THE CITY OF SANTA MONICA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DENOUNCING ARIZONA'S ANTI-IMMIGRATION, LAW SUSPENDING OFFICIAL
TRAVEL TO THE STATE OF ARIZONA AND DEVELOPING ADDITIONAL FINANCIAL
SANCTIONS UNTIL SUCH TIME AS THE NEW LAW IS REVOKED
The City Council of the City of Santa Monica adopted Resolution No. 10479 (CCS) on May 25, 2010, which requires a review of all current and likely future agreements and contracts with Arizona-based businesses to examine the feasibility of acquiring such products and services elsewhere while the Arizona law remains in effect.
Additionally, vendors offering goods or services to the City of Santa Monica must complete and sign the attached disclosure form; this applies to all solicitations, including but not limited to, bids and proposals. Please review, sign and submit the form with your bid packet prior to the closing date of bid.
Contractors that do not have headquarters in the State of Arizona and those that will not be working with Arizona-headquartered subcontractors to provide goods and/or services as specified in this solicitation will take priority in the bidding process.
NOTE: Headquarter location or residency may not be considered as a factor if prohibited by applicable law.
Failure to return this form or inability to certify as to its provisions will render your bid or proposal non-responsive.
State of Arizona Disclosure Form - see next page.
- 22 -
5.P.a
Packet Pg. 683 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) CITY OF SANT A MONICA {lty ~f
Sabta .llonlen''
STATE OF ARIZONA DISCLOSURE FORM
TO BE COMPLETED BY ALL VENDORS PROVIDING GOODS AND SERVICES TO
THE CITY OF SANT A MONICA
Headquarter location or residency may not be considered as a factor if prohibited by applicable law.
Please check the appropriate boxes below.
Our company's headquarters are located in the State of Arizona.
D Yes D No
Goods or services pertaining to this solicitation will be provided by a subcontractor whose business is headquartered in the State of Arizona.
D Yes D No
If the response to the statement above was "yes", please list any and all subcontractors headquartered in the State of Arizona that may be providing goods or services (pertaining to this solicitation) to the City of Santa Monica.
If more than one, attach a list of additional subcontractors, including the physical address of each location.
Name of Subcontractor: ----------------------
Street Address:. _________________________ _
City:------------State:. ______ Zip Code:. ___ _
- 23 -
5.P.a
Packet Pg. 684 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) *** PORTION BELOW TO BE COMPLETED BY ALL VENDORS ***
**************************************************************************************************** I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Signed: -~-------------------Date: _______ _
Printed name: _________________ Title: _______ _
Name of Company:-------------------------
Street Address of Headquarters: ____________________ _
City: ___ ...:..... ________ State: ______ Zip Code:. _____ _ Telephone# (including area code): ______ _
FOR CITY USE ONLY
NOTES:
- 24-
Email:----------
5.P.a
Packet Pg. 685 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) City of Santa Monica
Agenda Management System RFP
ATTACHMENT F - LIVING WAGE ORDINANCE
CITY OF SANT A MONICA
LIVING WAGE ORDINANCE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING
TO DO BUSINESS WITH THE CITY OF SANTA MONICA
THIS BID IS SUBJECT TO COMPLIANCE WITH THE
CITY OF SANTA MONICA LIVING WAGE ORDINANCE (SEE BELOW).
The City of Santa Monica has adopted a Living Wage Ordinance, Chapter
4.65, which requires the payment of a specified minimum wage for work done pursuant to a services contract with the City where the contract amount is $54,200 or more and requires that contractors also provide the same health care and other benefits to employees' same sex spouses and domestic partners as are provided to other employees' spouses. This Living Wage Ordinance applies to services provided by employees who do not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license. The minimum wage is $14.09 an hour for the period commencing from July 1, 2013, up through June 30, 2014. This minimum wage rate is adjusted annually each July 1. Questions concerning the Living Wage Ordinance may be directed to the City Finance Department at (310) 458-8281.
The Living Wage Ordinance applies the services sought pursuant to this bid and bidders are required to prepare and return the Living Wage Certification Forms. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to include Certification Forms may be considered non-responsive and excluded from further consideration.
Please note that the Living Wage Ordinance sets the Minimum Wage at $14.09 per hour and provides for an annual adjustment each July 1st, by an amount corresponding to the previous calendar year's change (January to January) in the Consumer Price Index for Urban Wage Earners and Clerical Workers in Los Angeles, Riverside and Orange Counties. It has been determined that the minimum wage is $14.09 an hour for the period commencing from July 1, 2013 through June 30, 2014.
25 5.P.a
Packet Pg. 686 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) City of Santa Monica
Agenda Management System RFP
CITY OF SANTA MONICA
LIVING WAGE ORDINANCE
Certification for Providers of Services to the
City of Santa Monica
(Fiscal Year 13/14-July 1, 2013 through June 30, 2014)
TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
The City of Santa Monica Municipal Code Chapter 4.65, Living Wage Ordinance (LWO), establishes a Minimum Wage of $14.09 per hour1 for certain employees of contractors providing" services to the City where services exceed $54,200 and requires that contractors also provide the same health care and other benefits to employees' same sex spouses and domestic partners as are provided to other employees' spouses.
An employee covered by the LWO is any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license. Contractors with collective bargaining agreements covering those employees assigned to contract are exempt from the wage requirements of the Living Wage Ordinance only if the waiver is explicitly set forth in such agreement in clear and unambiguous terms.
Please prepare the following certification if you are a contractor engaging in a contract for services with the City of Santa Monica in excess of $54,200.
Your signature on this certification grants the City permission to review any and all payroll books and records and any company documents pertaining to the benefits offered to employees to assure your compliance with the LWO during the term of the contract.
Please direct any questions and send the completed, signed Certification to:
City of Santa Monica Finance Department
Attention: Living Wage Compliance Section
1717 4th Street, Suite 250
Santa Monica, CA 90401
You can also contact staff regarding living wage ordinance questions by e-mail at [email protected] or by phone 310-458-8281.
1 Adjusted annually each July 1 by an amount corresponding to the previous year's change (January to January) in the Consumer Price Index for Urban Wage Earners and Clerical Workers 1982-84=100 for Los Angeles-Riverside-Orange County, California
26 5.P.a
Packet Pg. 687 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) City of Santa Monica
Agenda Management System RFP
CITY OF SANT A MONICA
LIVING WAGE ORDINANCE CERTIFICATION
July 1, 2013, through June 30, 2014
TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
MINIMUM WAGE - $14.09 per hour
Please read, complete, and sign the following:
THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE 0 THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE 0 If this contract is not subject to the Living Wage Ordinance requirements, please note the reason below and attach supporting documentation for exemption. For example, in order to be exempt pursuant to a collective bargaining agreement, a signed collective bargaining agreement must be attached.
(a) __ _
(b) __ _
(c) __ _
contractor is a government agency and is exempt
contractor is a City grantee and is exempt
contractor is a non-profit corporation and is exempt
(d) __ _ contractor is an employer whose employees are covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms
(e) __ _ contractor is a corporation providing banking services The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica's Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all terms of the LWO, as mandated in all sections of Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall 27 5.P.a
Packet Pg. 688 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) City of Sarita Monica
Agenda Management System RFP
be grounds for termination. City shall have the right to examine all books and records of the Contractor as they relate to compliance with the LWO. Payroll records shall at a minimum include the full name of each employee performing labor or providing services under the ·contract, job classification, and rate of pay.
These statements are made under penalty of perjury under the laws of the State of California.
Printed Name: _____________ Title:--------------
Signature: _________________ Date:------------
Contractor:
Bid Number (if applicable):
Service Description:
28 5.P.a
Packet Pg. 689 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) City of Santa Monica
Agenda Management System RFP
ATIACHMENT G - PERSONNEL BENEFITS
CITY OF SANTA MONICA
PERSONNEL & BENEFITS INFORMATION
Bidders are required to provide the following personnel and benefits information, which will be used by City staff as a tool to conduct bid evaluation and cost analysis for in-house versus outsourced services. Please use a separate sheet of paper if the spaces below are not sufficient.
1. Please indicate the number of supervisors/managers assigned to this work: ___ _
• Please provide the requested information below for these employees. • List multiple employees in the same job classification separately. • Attach additional pages if necessary.
# of Annual
Title Hours Hourly Rate
1. $
2. $
3. $
4. $
5. $
6. $
2. Please indicate the number of full-time employees assigned to this work:
• Please provide the requested information below for these employees. • List multiple employees in the same job classification separately. • Attach additional pages if necessary.
29 5.P.a
Packet Pg. 690 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) City of Santa Monica
Agenda Management System RFP
# of Annual
Title Hours Hourly Rate
1. $
2. $
3. $
4. $
5. $
6. $
NUMBER OF EMPLOYEES AFFECTED BY LIVING WAGE: ----
3. Do your employees receive paid vacations? If so, how many days per year.
4. Do your employees receive paid sick days? If so, how many days per year.
5. Please list all paid holidays, if any.
6. Do your employees receive paid medical benefits (e.g., health, dental, vision)? If yes, do they contribute to their medical, dental, and/or vision insurances or are they fully covered by the company?
7. Do your employees receive life insurance? If yes, do they contribute to their life insurance or are they fully covered by the company?
8. Do your employees receive any type of pension (e.g., 401k) or just social security? If you do offer 401k, does the company match the employees' contribution to the program?
30 .
5.P.a
Packet Pg. 691 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) City of Santa Monica
Agenda Management System RFP
9. Does your company provide any safety equipment (e.g., back brace, uniforms, working boots, goggles, etc.) to your employees? If so, please list all items.
Does your company issue an employee handout [i.e. a booklet or documents that state the benefits (e.g., health insurance, retirement programs, etc.) to new hires]?
D Yes, for full time employees only
D Yes, for full time and part time employees only.
If yes for either full time or part time employees, please submit a copy of this document with the other information requested.
D No, please state the benefits offered to employees of your company below (attach additional sheets if necessary).
31 5.P.a
Packet Pg. 692 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
EXHIBITB
Proposal (See Attached)
5.P.a
Packet Pg. 693 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software)
CARAHSOFT'S RESPONSE TO THE
ity of Santa Monica, CA
EQUEST FOR PROPOSAL
Agenda Management System
T u
May
e s d a y
7, 2013
SOLUTION PROVIDED BY
INTELLIGENT MEETING
MANAGEMENT
CARAHSOFT TECHNOLOGY CORP.
12369 SUNRISE VALLEY DRIVE
RESTON, VA 20191
888.66 CARAH [ WWW.CARAHSOFT COM
Primary Contact:
Katie Dyer
7 o 3 8 8 9. 9 7 o l / [email protected]
5.P.a
Packet Pg. 694 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) May 7, 2013
City of Santa Monica, City Clerk's Office
Attention: Sarah Gorman, City Clerk
1685 Main Street, Room 102
Santa Monica, California 90401
carahsoft
technology corp
Re: Carahsoft's Response to the City of Santa Monica's Request for Proposal for Agenda Management System
Ms. Gorman,
Carahsoft Technology Corp. appreciates the opportunity to respond to the City of Santa Monica's Request for Proposal for an Agenda Management System.
Carahsoft is submitting as the IT Schedule 70 GSA Contract holder (GS-35F-0119Y) for IQM2 Inc. As a top ranked GSA Schedule holder, Carahsoft has delivered best value solutions to our government clients for over eight years including many local California governments for exactly the same requirements denoted in this RFP. Additionally, IQM2 has conducted some mutual discovery through a demonstration overview with members of the City of Santa Monica staff. As a result of these exercises, IQM2 believes that our Legislative Management platform is uniquely suited to ensure program success and swift user adoption for the City.
Carahsoft is in receipt of Amendments 1 and 2.
Please feel free to contact me directly at 703.889.9701/[email protected] or Craig Abad 703.871.8501/[email protected] with any questions or communications that will assist the City of Santa Monica in the evaluation of our response. This proposal is valid for 90 days from the date of submission.
Thank you for your time and consideration.
Sincerely,
Katie Dyer
Government Account Representative
703.889.9701
[email protected]
5.P.a
Packet Pg. 695 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s to tho of Santa Monica
LEO CONTENTS
Introduction .................................................................. 1 Prime Contractor: Carahsoft Technology Corp .............................................................. 3 Solution Partner: IQM2 Inc ............................................................................................ 4 Experience .................................................................... 5 <:lLJ~stions; ..................................................................... ., Schedule ....................................................................... 18 Costs ............................................................................. 19 References ......................................... u •••••••••••••••••••••••••• 21 Equipment Specifications ........................................... 23 In Summary .................................................................. 24 Attachments···············································~················· 25 carahsott IQJ~tl..;z
l<s;'f.«Hll>Sl '"'"''''"' "'~""·~''''
5.P.a
Packet Pg. 696 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s to the of Santa Monica
I
Provide a summary of the proposal and demonstrate that the company understands the project, including a general approach responding to the City's requirements. This should also include an introduction to the Bidder as well as the name of a contact person.
Through prior demonstrations and process discovery with some City stakeholders, IQM2 understands the nature of this project and can truly and confidently say that not only is IQM2 capable of quickly meeting these requirements and expectations. IQM2 fully believes the proposed solution will exceed the expectations, from both a functionality and swift user adoption standpoint. IQM2 dimensioned areas of the City of Santa Monica's current processes that were not mentioned as requirements which enhanced IQM2 functionality would deliver incredible efficiency and time savings returns.
Furthermore IQM2 is providing innovation for governments across the country that is typically not seen with the simple, limited solutions that have traditionally been used. There is a large delta between IQM2's functionality and basic application structure of the other providers, particularly for larger governments or those concerned with true governing board automation work flow that allows for unlimited, chronological and simultaneous work flow and tracking. Cities the size of Santa Monica need the more robust and innovative functionality IQM2 provides. The simple posting of shells, simple browser-based, basic workflow or trying to make disparate platforms stemming from acquisition or multi-vendor solutions work together is not enough. Please see below for some distinctive and unique differentiators:
• PDF Agendas - In addition to standard web and e-agendas, IQM2 generates full PDF agenda packets with page numbering and watermarking. The PDF packets can be easily printed, if desired, and saved for offline viewing. Other solutions rely entirely on a web agenda and generating and printing a full PDF packet is not possible. It is very important to think about the large ramifications of this across the City of Santa Monica in regards to use and technology. • IQM2 Works Offline - If the internet goes down, IQM2's software continues to work offline, which is an impressive for people who understand decision making points. In addition to web functionality, IQM2 provides a product that is critical to ensuring that if the internet goes down or is slow, it does not stop a meeting or create confusion and citizen problems. The minutes, voting and time-stamping can still be recorded during the meeting and the board members can still view their PDF agendas. This proves to be a big point for larger cities who deal with more complex topics and issues that come with their size.
• IQM2 Streaming Future Scalability- MediaTraq contains live and on-demand streaming of the City of Santa Monica's meetings with agenda item linking and search capability, as well as automated Minutes Maker module. Other solutions use unrefined inserts which can be unsophisticated and creates a manual and time consuming process or are video streaming focused and use disparate agenda management programs they purchased and are trying to integrate.
IQM2 has made a special offering to the City to migrate their current video streaming processes and will save the City quite a bit of money while greatly improving their streaming services. For example, IQM2 offers innovative streaming functionality that does not exist with any other government streaming company. A couple examples of these improvements would be HD live and on demand streaming for cross platform, as well as DVR capabilities with great utility for this in government meetings.
carahsoft 1
5.P.a
Packet Pg. 697 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s to the of Santa Monka
• IQM2 Search - IQM2 searches all documents and content. This allows any user to search for keywords inside a supporting document. IQM2 also offers Federated Search which will allow the City of Santa Monica to search all other clients' public websites in one search. • Free Historical Data - IQM2 will migrate over the City of Santa Monica's historical meeting information to compile a complete legislative and searchable database for the City. • IQM2 PDF Printer - The built-in PDF printer allows any user to easily attach information to agenda items from any application just like printing to paper. The PDF's are searchable and optimized for smaller file sizes. No other solutions contain such functionality and rely heavily on the users to manually export or convert their attachments.
• Full Microsoft Word Integration - The proposed solution will allow the City of Santa Monica to easily use MS Word for editing and entering documents. Because of this, IQM2 can copy and paste without losing formatting. This is viewed as an incredible difference by larger counties with more agenda items and attachments.
• Integrated Board Member Profiles - All board member attendance and voting history can be indexed, viewable and searched through the web portal.
• Approvals & Signatures - IQM2 has a completely customizable approval and chronological and simultaneous workflow system. IT includes sophisticated e-Signatures for signing documents. All other solutions contain has a simple approval process but cannot support the level of complex workflow IQM2 can. Full e-signatures are offered for either now or in the future. • E-Boardroom & IQM2 Minutes Maker- lQM2's Electronic & Touch Voting gives public guidance through the meeting, Automatic Page Turning, Sticky Notes and internet independent. • IQM2 Free On-going Training & Template/Workflow Configuration - IQM2 provides free ongoing web-based training. This is very useful for bringing on new employees or using more functionality in the software.
• Customized Dashboards - Dashboards are easy to use and basic Board Member views are shown as opposed to the back office functionality that while unequivocally separate us, may not have been important to the Board Members.
• IQM2 Letter Factory - The proposed solution can automatically notify staff members, departments, citizens, State Agencies or any other recipients when agenda items are approved or discussed at meetings with a simple click using the City of Santa Monica's own personal template language and verbiage.
• IQM2 Work Planning - IQM2 includes a true work planning utility to assign, track and report on follow up task resulting from decisions made at meetings. carahsoft 2
5.P.a
Packet Pg. 698 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s to the of Santa Monica
IQM2 unequivocally believes that there are no solutions will be able to truly support the back office workflow process the City of Santa Monica is defining while delivering the innovative public and staff facing innovation we know is important to the City of Santa Monica's goals .. With efficiency and meeting effectiveness in mind, IQM2 can configure the Board or user Dashboards to make navigations simple and easy. That being said, the collaboration, workflow, tracking and reporting is absolutely imperative for an agency of the City of Santa Monica's size, IQM2's back office scalability tools will allow the City of Santa Monica to add on existing functionality as it so chooses. Due to IQM2's robust functionality, the system is known for being flexible and it does not make the City of Santa Monica conform to the process; IQM2 configures to the City of Santa Monica's. This is a monumental difference between IQM2 and the other applications in this market.
Prime Contractor: Carahsoft Technology Corp.
Incorporated in Maryland and located in Reston, Virginia, Carahsoft Technology Corp. is the trusted Government IT solutions provider, combining technological expertise with a thorough understanding of the government procurement process to help federal, state and local government agencies select and implement the best solution at the best possible value. As a topranked GSA Schedule Contract holder, Carahsoft is IQM2's largest government partner and serves as the master government aggregator for many of its best-of-breed software vendors.
VENDOR RELATIONSHIPS - Carahsoft has a unique business model focusing on providing superior sales and marketing execution, a track record of success, high integrity and a focus on strategic vendor relationships of which IQM2 is an important part. Carahsoft's contract vehicles carry over 160 vendors.
PROVEN EXECUTION - With 330 employees, Carahsoft has leveraged its vast contracting experience and extended it to quoting and order management.
Carahsoft seamlessly generates thousands of quotes a year worth hundreds of millions of dollars.
GROWTH & STABILITY - Carahsoft has continued to show impressive growth year after year, turning annual revenue from $3.4 million in our first year in 2004 to $606 million in 2009, $840 million in 2010 and $1.065 billion in 2011. We are a stable, conservative and profitable company and have received numerous accolades including, for the third consecutive year, being named to the Washington SmartCEO magazine's 2010 Future 50 list which recognizes the metro area's fastest growing companies. • 4th largest GSA Schedule 70 Contract holder
• 281h on the CRN Fast Growth 100
• 31'' in the VAR Business 500
carahsoft 3
5.P.a
Packet Pg. 699 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s to the of Santa Monica
Solution Partner: IQM2 Inc.
IQM2 is the market leader in furnishing end-to-end public sector meeting software solutions through its award-winning Open Meeting Management and Citizen Awareness Platform consisting of MinuteTraq (agenda/minutes automation), MediaTraq (Live/On-Demand Video Streaming) and EBoardroom (electronic voting).
IQM2 was founded by Daryl Blowes with the launch of the M2 Suite of Open Meeting and Legislative Process software solutions. By assisting government and the public sector, officials become more efficient in the way they work together, have meetings, make decisions, follow through with actions, and share information. Together with its employees, IQM2 is revolutionizing how the public sector collaborates with their stakeholders and the public.
IQM2's Legislative Management Platform has been constantly added and developed using best practices for over 7 years. Over the last 2 years, IQM2's client base has grown by 80% each year. IQM2 staff is always testing on the newest hardware platforms with the most up-to-date software tools available. IQM2 hosting services are at Tier II, level security with redundant data centers in separate locations across the country in case of any catastrophic event. IQM2's server capacity allows for unlimited Data Storage in the Legislative Management System for all clients, while backup procedure is daily with almost real time mirroring. IQM2's uptime 99.99% because IQM2 has never been down due to hardware or software issues. Service is only ever down due to Sunday early morning server updates, and technical and user support is 24/7/365, with 90% of calls being answered live with the rest being returned within 20 minutes. Since IQM2 software is Saas, clients pay through subscriptions with no up-front cost. This allows for all clients to be on the same platform of security and data integrity.
IQM2's role as an industry innovator was recognized in 2010 when the national software industry acknowledged its innovation as it was awarded the prestigious 2010 SIIA's CODiE Award for Best Emerging Software Company. Shortly thereafter IQM2 was awarded LISA Award for Software Excellence. Since 2006, advancement has been rapid for IQM2 having experienced year-over-year growth exceeding 100% with many of its clients migrating from older legacy solutions. IQM2 along with Carahsoft Technology Corp. urges the District to see what all the industry excitement is about. carahsoft 4
5.P.a
Packet Pg. 700 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s to the of Santa Monka
EXPE IENC
Provide a summary of the Bidder's qualifications and experience with Agenda Management Sys/ems.
Include specifics regarding qualification and experience in similar projects. Demonstrate the Bidder's acceptance and industry expertise by providing three valid references of similar-sized local governments using the products specified in this Request for Proposal, preferably localed in California.
The Bidder should be able to demonstrate their product and its capabilities and functionality of interfaces.
IQM2 specializes solely in Legislative Management for governments from coast to coast with a large and rapidly growing roster of local California governments clients As a result, the specific requirements denoted in this RFP are exactly the same requirements IQM2 furnishes every day. Because IQM2 is derived from a single platform built from the ground up, the platform offers unique flexibility. All other solutions were cobbled together from acquisition, multi-vendor product or retrofitted from other purposes. This allows IQM2 to remain true to its business philosophy that its job is to conform to the business processes, not the other way around. IQM2 is often relied upon for Legislative Management consulting and always pleased to share the best practices it sees across the country and make recommendations, if desired.
The requirements specified in this RFP by the City of Santa Monica are basic, standard functionality components and there will be no system customization required. IQM2 already has defined functionality in its system that is not requested.
Please see below for IQM2 references.
carahsoft
33QC8pjfol Av.e .. J.·.·•·····.·
Pre moflt,.QA 94538 · ..
s
5.P.a
Packet Pg. 701 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft's to the of Santa Monica
Contact's .
Name/Title
cAddress
Phone
Email
carahsoft 6
5.P.a
Packet Pg. 702 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) of Santa Monica
Qu
Please provide complete responses to the following:
Agenda Management System
1. Describe the proposed agenda management system.
MinuteTraq is the Legislative and Agenda Management framework of IQM2's Government Meeting Platform. Please refer to the product overview below for more information on the proposed system.
MinuteTrnq™
N
MinuteTraq is the framework of IQM2's Open Meeting Platform. It provides complete functionality for managing all meeting documents, reviewing processes and procedures, creating agenda packet, creating minutes, compiling and distributing post-meeting letters, and web publishing and search functions. It is a powerful software module that will allow the City of Palatine to facilitate all of its meeting needs, from premeeting scheduling to post-meeting publishing and to all the information-gathering steps in between. It offers a simple yet customizable set of functions that will make the Village's meeting workflow process more efficient.
The MinuteTraq smart-client is built on the most up-to-date Microsoft .NET technology. The program requires Microsoft .NET Framework 3.5 installation on the PC. This framework is installed by default on Windows XP or if you are installing the automatic Microsoft Windows Updates.
Recommended Specifications: 1 GHz Pentium or Better, 2 GB of RAM or Better, 1 GB Storage Space, Windows XP or Higher, .NET Framework 3.5, MS Word 2003 or higher.
The following key components and processes will benefit the City in cost and time savings:
Centralized Document Database: Will consolidate the City information processes into one location, vastly reducing time on information management, search and retrieval.
Workflow, Routing, and Review Process: Incredibly simple but sophisticated tool for driving efficiency and managing expectations. The program's wizard-based interface allows for department members to monitor processes, maintaining accountability of information.
Attachments and Importing: Program cross-references all related documents and allows the City to collect all information of a given topic from the internal system quickly and easily without printing and scanning.
PDF Printer: MinuteTraq includes an integrated PDF Printer that allows users to retrieve information and reports from any computer system throughout the organization as long as it can print regardless of file type.
The PDF Printer allows users to print from any program to this virtual printer named "MinuteTraq" instead of printing to paper. The built-in PDF printer simplifies attaching information from other programs, just click Print, choose the "MinuteTraq" printer and the output is automatically converted to PDF format and imported into MinuteTraq as an attachment. The City can easily mark the attachment as public, and it will also be published on the web portal when the agenda is created which means no more scanning and printing.
carahsoft 7
5.P.a
Packet Pg. 703 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carnhsoffs to the of Santa Monica
Document Generation: Produces all meeting-related documents in one step, eliminating time consuming redundancy such as cutting and pasting. It creates meeting packets customizable to the City's needs with agendas, agenda summaries, schedules and all other associated attachments, all with a consistent heading for professional look.
Fast Re-Generation Technology'": MinuteTraq has built-in Fast Regeneration Technology, so the documents generated from MinuteTraq can be easily modified and regenerated. An agenda packet that needs to be regenerated after adding or removing a couple items can be compiled in seconds. Other products without IQM2's unique Fast Regeneration Technology TM can take hours to build packets even after small changes are made.
History Tracking and Audit Trail: MinuteTraq will keep a complete history of all meeting topics from the moment they a.re prepared, submitted, reviewed, added to an agenda, voted on, tabled to other meetings, passed through committees for review and more. Each meeting topic or attachment will allow for comments to be added to the history. The meeting topic history screen will provide a complete history of the topic itself along with all of the attachments. The meeting history will track each agenda item and the exact page number where it appears in the minutes with the comments and action or vote record at the meeting.
The audit trail allows all the changes that are made to the document to be tracked in a log. Each user that makes a change can indicate the reason for changing it and add a comment. Users can trigger actions like sending an email notice, resetting the approval process or creating a new revision of the topic or document.
Revision Tracking and Comparing: MinuteTraq tracks changes to meeting topics and documents and will allow the City to compare what has been altered and shows the user who made changes. All changes will be highlighted with bubbles specifying the changes.
Information Sharing and Delivery: Communicates key information to the intended recipients effectively allowing meeting decisions and tasks to take action. Email-based communication and online postings are notified to proper channels in a way that is easily tracked and automated for accountability.
Meeting Capture and Streaming: Receives and organizes input on all data with regards to minutes, votes, discussion and actions and modifies into a format that facilitates public sharing. In conjunction with MediaTraq™ module, video streaming can be indexed and referenced by topic and matched with timestamps on meeting minutes.
Task Follow-up and Progress Tracking: The integrated task tracking function in MinuteTraq™ will allow the City ease of tasks and directives will be acted upon from meeting to meeting. No longer will meeting time be wasted going over dropped responsibilities and missed tasks due to lack of follow-up.
Free Ongoing Training: Part of IQM2's value added Support Services is the IQM2 Training Academy which offers free ongoing training. The City's users can pre-register for weekly training sessions or request training topics that are important to them. These training sessions are conducted by IQM2 Software and Technical Specialists. IQM2 believes in ensuring that the IQM2 client family has all the necessary tools and support to enhance their organizations. The City will also be able to utilize the on line IQM2 Support Center and public Knowledge Base for solutions and articles, downloading files, and login to the Self-Service Portal for case tracking.
carahsoft
5.P.a
Packet Pg. 704 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s of Santa Monica
Virtual View: Below please find a virtual view image of MinuteTraq.
Sh(;l 1.lieneralBusineu Agenda Item 2561 · El·i"""'.:J .ai. Opening Ceremony "'::;;l:1'c""• ff UM, N,). 44738 for an d<:(>holi, b~·,wi!:FC' lcs;;.,ta:,q ;:,ei,,;ij !u, on·~a,,,l¥se crnturr,plL ! ; C] 1. lnvocationgivenbyChaplainB,myHeri/[':
l. CJ 2.PledgeofAHegiin:8 "
E:1-i;.1 b. ',,.lel,:QlneandRollCal
f· lJ/ Roll Call
' President Owen noted th~ they wm be p,Ji
2.Aw111ds
3. Pub!icCommenls
Ron Senick iequesled [hjrljl mlooles lo be allote
4. Presentations
a. M~ Bianculi · P1oiect Hope
Van Akin. Director of P1ojecl Hape, gave a brief
5. Puhli,::-Hr.wi,l;'f~
;, ,"'.SS,, · ,>lt:t,hr~\:. 8~·,,Je,J,;c? Ls:ie~li~n PscntSt b ::515:, · 1>lc,:ahok \'w,1,~0; Lot·,U~n f\omu>
c :'.$';ii); ,/>JoQl·<l)!~~ 8<'lv~t,~!}e l.~,c~lion P~mtit d :'5':'>'l ,<kc!>~;,, f;,1,;~1,:,1;,, 1.(,:-,)fon Pmn,,i e '.£81) -'-lrnb:1ic l'Je,,~c~ge L::s:~lion F'~"ml
ltiiriitMffll9:.§ 41 ,i@§@!Md#il@iii g. 2562: Alcoro!ic Beverage UX:alion Permil h. 2565: Planned Unit De.velopment
G. Secood and FlnafReading of Ord~
7. CormimAgenda
a BR·2011-113: N.W. 81hAvenue RR Gr,ide C
b. BR•2011•114: Relmbur:semMI of AYF SE R
c. BR·2011-115: NE 25th Avenue Reswf,icing
d BR·2011-116: Rep1'1' two interfund k,,ins
e. AES·201H2: Hab~al for Humanit~ · Piopert
f. 2573: MCSO Hangar lease 2011
2561 : Alcoholio Beve1age Localion Peimit
Started 4:13:55 PM Dur<1!im mim1i.e~ """"""'"""""""""'"'""""""""················"""""""""""""- ······•···•·•··· These are some comments that will work with the Minutes Maker screen either during or after the meting. These are some comments that will work with the Minutes Maker screen either during or after the meting. These are some comments that will work with the Minutes Maker screen either during or after the meting.
These are some comments that will work with the Minutes Maker screen either during or after the meting. These am some comments that will work with the Minutes Maker screen either during or after the meting.
How MinuteTraq Will Improve the Processes
With the many tools that Minute Traq has to offer, the City will have the ability to improve its processes and become more effective. The following are some of the products the City will obtain by implementing IQM2:
Quickly and effectively draft Agenda Items/Resolutions with templates • Built-in spell checker
• Departments can draft, approve and submit their own resolutions via a simple click Complete Revision Tracking
• Topics can go through a sophisticated but intuitive approval process and with full audit log • Agenda Topics grouped under project headings for better organization • Fiscal impact tracking, document linking, and recipient tracking functions • Full MS word inte ration
Agendas easily created from approved resolutions with one click • Auto-number agenda topics/resolutions or conduct ad hoc Drag and drop agenda items, re-sorting to the City's needs Print full and public (summary) agenda at the same time • Automaticall Publish and Distribute to the Web Portal carahsoft 9
5.P.a
Packet Pg. 705 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s to the of Santa Monica
One Click Agenda parsing as the City's starting point for minutes compiling Color coded text clearly highlights errors and items needing editing Simple interface streamlines minute entry and management Automatic time stamping transcribes the minutes
Create an index by sponsor, date, number, and category
Search Minutes quickly and easily
Can be automaticall u loaded to ublic viewin via Web Portal Automatic recipient tracking for letters of resolution, legal notices and more Create custom letters and emails for recipients with one click Email custom letters from within MinuteTraq
Generate hundreds of custom documents in minutes
Include sign-off sheets for specific recipients
Records every document each recipient receives with date and time stamp Complete meeting information automatically uploaded to public access website Public data will be instantly synchronized for citizens to search Citizens will have access to meeting dates, agendas, minutes, legal notices and more
2. Explain if the system can maintain bookmarks and links when exporting to the web where links exist in documents.
This is basic functionality in the proposed system.
3. Explain how the automated process for minutes and follow up actions are prepared and/or populated and tracked from the discussion and source documents.
This is easy functionality for IQM2's proposed system. With a simple click, pre-configured minutes templates are populated. Additionally, follow-up actions can be configured to automatically drive IQM2's Work and Project Planning functionality that can track and assign projects to staff. This works in conjunction with IQM2's letter factory to automatically drive notification of meeting decisions/outcomes to various third parties with pre-setup verbiage and templates. The way IQM2 indexes /tracks data by linking all topics and supporting documents by topic and/or project makes this very simple and powerful.
4. Explain what functionality is provided to manage contracts and professional service agreements that result from decisions on staff reports presented to Council.
IQM2 provides a unique and special financial and budgetary tracking component of the proposed platform that allows for very granular fiscal tracking but can also be used to manage contracts as they relate to decisions or follow up activities stemming from the Council meetings or decisions.
5. Explain what functionality is provided to manage meeting activities (motions, video streaming, video/audio clip referencing in minutes, etc.)
carahsoft 10
5.P.a
Packet Pg. 706 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft's of Santa Monica
This is one of the unique benefits of utilizing IQM2's end to end platform which also includes the MediaTraq government video streaming solution and electronic voting system, eBoardroom. The seamless linking of meeting data to video is extremely beneficial. IQM2 has also taken government video streaming to a far more innovative level with cross platform, HD live and on-demand streaming with DVR functionality.
6. Discuss possible conversion/migration process of old agendas, minutes and reporls.
As a special incentive to the City of Santa Monica, IQM2 will migrate the City's old agendas, minutes and reports for free. IQM2 believes this makes for a more powerful Legislative Database and drives efficiency on many fronts, including public information requests and data mining.
7. Please walk through the process, from generation of a staff reporl to the creation of a public document.
Since IQM2 will pre-configure all of the City's templates, staff report templates and workflow steps, it is a simple process:
1. Designated Department staff members select their appropriate category and enters in basic information.
2. The request then follows whatever simultaneous or chronological workflow and routing process desired, if any.
3. Approved staff reports flow to the Clerk Lock, at which point the agenda can be automatically generated and published with a click. This will automatically post the approved document to the portal and deliver the document to pre-determined users who may want to receive the document or information in a different medium.
Please note that there is a lot of other ad hoc functionality available if desired, including simple drag and drop functionality to re-order agenda and last minute or walk on request. Regardless the generation or re-generation is a simple click.
8. Explain the system's reporling functionality, specifically, how to generate a forward-looking reporl of al/ council meeting agendas and staff reporl items for a six month period of time.
IQM2 is known for furnishing very detailed and granular reporting tools that is made easy by the way it looks at data. The report below is a basic one-simply enter in the time frames desired and run report.
TM :i:···c~·!\<l··· ............ ··" l..Stb~?\/fact;~~·· .. ·· ............ ;"""t (i'i'~-,J , ~"' · r:;:'.~~?&;2'I~1\jfT~i~~#.~·~'-JJtff~k~: r~~:·.---~-- ..... ,:: ;~;;_'--~:.:5~~--- ooo 10 ' S<1tWc c« : •::t, $lier, T.~t 1t<-0 ~ s," p;.,,,~,,,.;.1,clc",Wt1ro"'1.t~~1.dt.m~tr~~ lt-0-l' ~~ \); 1:!ld«-lhtrtlffliM1';!~$>,wi0011:fTrl.lli\/'<\',1ll~l."l.A mr .1.&,f!* ~ :S=r>C~r.-;c,t<>.,.~,!~l.'.:e1?:<m!
WC"$ ~ ".!)-., !:#:ll4limi7J:le,r$Jw1$/1iWl"l!tfRts~f.t, ca rah soft 11
- , .. --<- :-- : :.:.::-··:::~::-~:_:-_-:·C'··:·:,_:::,_:_~,:;:;/:_:: -'.. __ ·-:_'_; . -' . ::_:· ,---- ---,_.
Cw~flt ~t/lj;
f'l:,h - ~1'.V1lHl9t:•J.M!
l.!!!.p¢;it:<'>.$ l).I.J,::lFllJ t1.t<J f.M
?t:t-t.hlteiq
$i:!6tilllar
f\;r-0ha:ms:
5.P.a
Packet Pg. 707 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft's to the of Santa Monica
9. Explain how a staff report approver will delegate a colleague when s/he is away.
This is simple "Designee Setting" that can be changed by a click by those users with the right permission levels.
10. Explain how a staff report approver can edit a staff report.
This is quite simple and in fact speaks to one of our truly differentiating qualities. IQM2 is the only solution that offers a full integration with MS Word to allow users to use all of the formatting functionality while in the system. Even if users forget to save, IQM2's system automatically takes care of this. The staff report approver can do one of two things: make the change themselves by modifying the staff report in the system or reject the item and provide the changes they want to see. The proposed system can capture each change in the system for traceability and tractability purposes should anybody ever be inclined to see who changed what and when.
11. Demonstrate with screen shots how the end user portal wlll_ exist on the City's website:
http:llwww.smgov.net!departmentslc/erklagendas.aspx.
Please see below for a real world example for a few local California governments. • City of San Bernardino, California: Meeting Portal
sanbemardinocityca.iqm2.com/
• Meeting Portal - The County of Santa Clara, California sccgov.iqm2.com/
IQM2 is often informed by governments who migrate after investing in other agenda management or video streaming products that the way information is presented on the web is far superior to what they were using or have seen frorn the other solutions.
12. How does the system add additional templates or users after the initial installation of the software and will it disrupt the system whlle they are being added? This is a simple process and will not disrupt system in either case. The City has two options:
1. The City can call lQM2 to build a template free of charge.
2. The City build it itself by simply clicking New Template.
13. What are the costs for adding additional templates? Additional users? In the special model IQM2 is offering the City of Santa Monica, there are no additional costs for additional templates and no additional costs for additional users and no data storage limits.
14. Do you provide integration with Lasertiche? If so, what are estimated costs and functionality options?
Yes, and there is no cost. IQM2 has built useful functionality that allows this to occur with carahsoft 12
5.P.a
Packet Pg. 708 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carnhsoft' s to the of Santa Monka
Laserfiche, as well as other document management companies.
15. Who make up the implementation team and what is their relevant experience setting up similar systems in peer institutions?
The following Implementation Project team is comprised of individuals who have least five years of software training. Each of them have managed systems and projects with larger local governments in California.
16. Explain any minutes preparation functionality available with your system or as an add-on module.
The IQM2 Minutes Maker tool is included at no additional cost. MinuteTraq's Agenda Wizard and the Minutes Maker tools work hand-in-hand. The only difference between the two is that the Minutes Maker is looking for actual information, vote records and Verbatim or summary comments.
The IQM2 Minute Maker tool was designed to be used live at the meeting by a clerk or staff member. The entering of vote results, attendance records and follow up actions are swiftly and efficiency completed. This empowers the clerk/staff to easily keep pace with the meeting to accurately record all items. The IQM2 Minutes Maker is frequently used along with MediaTraq, the streaming video module, it can be used as a transcriber allowing verbatim notes to be completed after the meeting as well. The video is automatically time stamped and indexed to allow the transcriber to be able to move from item to item quickly and efficiently. The approval of the minutes can be configured in a variety of ways as IQM2's intention is that the system will be tailored to how the City does business. For example, if the City approves minutes before a meeting in a closed session, the system can be set up to do so, if minutes are approved at a meeting after a vote, it can be set up in that fashion as well. Initiating an audio-only clip can be easily accomplished by extract the audio from the video.
Hardware and Software
17. What web browsers/versions does your system supporl? IQM2 has yet to find a web browser the proposed system cannot support. carahsoft
5.P.a
Packet Pg. 709 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s of Santa Monica
18. What is the suggested hardware setver configuration and operating system? The IQM2 meeting portal is 100% browser based. Internal users utilize the IQM2 Smart Client which works just like a browser over the internet using HTTPS. But it looks and works like a Microsoft Office product with toolbars, menus and none of the issues commonly experienced by browser based products, including add-on tools, errors posting pages, viruses and spyware. The Smart Client was designed specifically so users can work on documents with Microsoft Word supporting all the rich features the MS Office suite offers.
In addition, it allows IQM2 to provide advanced functionality like a built-in PDF Printer, data caching for superior network performance and an easier interaction with the City's local file and document management systems. The Smart Client only requires an internet connection, just like browsers, and will automatically update itself. The Smart Client can be pushed out through a network via MSI or Click-Once deployment and only requires the .NET 2.0 Framework.
The IQM2 Smart Client offers all the pros of browser based applications with none of the cons and allows IQM2 to provide a user friendly solution for Meeting Management available today. This is typically a significant differentiating point of the IQM2 platform and why governments who have migrated from older products are shocked at the speed with which user adoption and migration occurs.
19. What are the complete hardware specifications?
Please refer to Question #21. Furthermore, the server hardware used by IQM2 uses redundant disk arrays (RAID) for disk failure
20. What are the requirements for the workstations that use this hardware or software? Please refer to Question #21.
21. What are the minimum PC requirements to operate software? Please see below for minimum PC and work station requirements:
• Computer/Processor Minimum: 600 MHz Processor
• Recommended: 1 GHz and 2GHz for Clerk
• Memory Recommended 1 GB RAM
• 2 GB for Win 7
• Hard Disk Space Recommended 1 GB
• Operating System Microsoft Windows 98, ME, 2000, XP, Vista, Win 7(32 & 64 bit)
22. If proposed system is not Saas, what are the recommended setver and database requirements? IQM2 operates under a Saas model.
carahsoft 14
5.P.a
Packet Pg. 710 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s of Santa Monica
23. How are workflowlnotifications handled? What ancillary systems are used to supporl the product (i.e. Microsoft Exchange? What version?).
IQM2 recommends the City use the full integration with MS Word that the City is running Word 2000 (Word 9.0) or greater.
Security and Administrative Functions
24. Explain version control with your proposed system.
IQM2 schedules a Version Enhancement release for each quarter. They are free of charge and occur automatically unless this is not desired. They do not require professional services or involvement from the City of Santa Monica IT staff, unless desired. IQM2 schedules training with the users to review the enhancements and new functionality.
25. Explain archiving of revision history of information.
Revision tracking is one of the differentiating aspects of IQM2's platform. With a single click, users can choose any document or item and not only see all changes by who and when down to granular level, including date, time and person, but compare each document, if desired, on the screen.
Clients who have migrated from all other platforms share they have never seen this level of detail or functionality before. It is extremely useful in a variety of situations.
26. Indicate any system archiving capability (e.g. ability to move on-line data to off-line storage).
The IQM2 solution includes the IQM2 Data Archive Wizard which empowers City staff members with the requisite permission levels to archive data and move it off-line at their discretion or at predetermined times.
27. Describe backup and restore features.
All application data is encrypted, replicated and backed up in real-time to redundant datacenters across a private network using delta copy technology. Each customer database is independently backed up hourly and then replicated. Additionally, there is a nightly backup made to location.
28. Explain the retrieval, search and query functionality of proposed product, including capability of full text, keyword, and multiple file extension searching. This would extend to minutes, reporls (both formal and adhoc) and agendas.
The IQM2 search functionality is another differentiating feature of the IQM2 platform. Full text search, keyword and multiple file extension searches are empowered. This also searches all media files as well as any document or supporting file type. IQM2 also offers Federated Search.
29. What is the maximum file size for individual attachments (ensuring no latency occurs)? There is no limit on file size.
carahsoft 15
5.P.a
Packet Pg. 711 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft' s to the of Santa Monica
30. What is the maximum storage size for all information/data? There is no limit on storage.
31. Provide an architecture diagram of/he hardware and/or software systems.
Please find 1QM2's architecture diagram below.
carahsoft
I_
IN'ftUl<i!:N"f MUTfNtl !ti i\c fi'Ad-t,'\\;l.fl 7
~ Cap.rurm:. 1/f<lttJ- • Al(t,.lVt,~
," •Str~ffli
"Amt;,rm,ted f'uM1:rriin9
&,;j Utllt~f<ti_
}.".}A! /1:-oAP
$~{bill}'
oocunttnl
thu,1y,~
·~
~
~
~~:;;;~:.']
ted iit(lt-Xid<J ""'"""'--'
-'ts .O<it.-i.:cm:':u T-CG'iett Jix:,1d1;11.t 1!~(\rt,lllrJ ~('.;u:bhg
~ , &lbdwtdtfJ 11twat w ll'l'Fl!J,,,.nff.::
• Oi.!\',ft. t;bM«:ih'><1} !t> ~\W
-000 N.'M<Ufk'l WO/Jjwjo:!'
• l'ti!li\m. & Distf1t.i.nt
Mil.'li·Pi.t?!Wti tot:}(:Pl,lrtnw:A~
, MS WtwtlTumJ$:ltes
Wf<Urttim!lfog
• Ot'l!N)~k)IQt/~
16 MlN UT1L[iL'\Ct
;· P1e.m1rtll/!()11
.)(Jili)t\
- f<t!liJtUN> 1/0til~
~Cd•g~
., -~ ttMl<rl Oui!~itl"
5.P.a
Packet Pg. 712 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft's of Santa Monica
32. Provide a listing of recommended training schedules for implementation including for System Administrators and End-User.
Please refer to the Implementation Plan and Training Guide in the Attachments section of this response.
33. Discuss the process for configuration including the various roles required for implementation and support.
This requirement is simple as the responsibilities fall mainly on IQM2. IQM2 breaks these down by user roles and then discusses permission levels and desired access during the Discovery Phase.
The bulk of the users fall into the preparer role and adoption is immediate since they simply need to learn how to click. Then IQM2 has the Power User Role which is typically in the Clerks department and they often have super user access and privileges. IQM2 also has approver roles which often overlap with preparer and they have Council role views.
Public Access
34. Explain whether the agenda management package is equipped to allow members of the public to digitally sign up for public comment during or before a public meeting.
Yes, IQM2's eBoardroom offers both Virtual sign up before the meeting or during, as well as kiosk based sign up at the meeting.
carahsoft 17
5.P.a
Packet Pg. 713 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Carahsoft's to the of Santa Monica
SCHEDULE
The Bidder must provide a detailed project schedule, including but not limited to system configuration, setup, installation, training, testing, customization and acceptance.Explain how much City staff time is required in each phase of the project schedule. The project schedule must provide a week-by-week schedule and include a listing of key activities, deliverables, and dates.
Microsoft Project is preferred to illustrate the length of each major task. The project timetable will be reviewed with the selected vendor prior to beginning the project as part of the contract negotiation process.
Please find IQM2's Project Plan on the following page.
Please refer to the Implementation Plan and Training Guide in the Attachments section of this response for a Schedule of the proposed project.
carahsoft 13
5.P.a
Packet Pg. 714 Attachment: Contract 9784, Original (6760 : Extension of Contract with Carahsoft/Granicus for Agenda Mgmt Software) Project: M2 Suite Implementation
Date; Wed 4124113
Tas~
Spl~
Milestone
Summary
,,,,,,,,,,,,,, ProjectSummary
• External Tasks
siMITlwlr
'l
E:.tomal M,lestone
Inactive Task
lnacUve Milestone
City of Santa Monica, CA
M2 Suite Implementation
S!M!TIWIT ~LI. fil.M.lIJWITIFlsls F's Is
..--.·
.......
~:)
r:~-~
[~! *·,
, .. t.
•
~
;~
~
~
L•
...
~
........
~Ff
lL
L,1111--i
,,i.
"'l
_J
1-
"•lillt---,
......
.... ~)
Inactive Summary
c= "===::J Manual Task
!II! :c·c::c:::::ccc;.. ::·,:• Manual Summary Roll up
Manual Summary
Start-only • Duration-only