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
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 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 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 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 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 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 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 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
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 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
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 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 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 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
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 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 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 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
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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
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 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 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.
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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 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.
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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 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