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 ethicalstandards. 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,
andarms
• Briefly placing arms around
shoulders
• Holding hands with young children
in anescorting 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
Staffmember’s leg
• Any physical act of affection that
isunwanted by the youth
• Any physical act of affection that
occursin an isolated area
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 195 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Prevention Standards—
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 nonderogatory fashion
• Appropriate jokes
• Initiating sexually oriented
conversations
• Discussing staff or volunteer
sexualencounters
• In any way involving youth in the
personalproblems 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, national- origin, 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: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 196 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 interactionswith 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, notindependently, 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 Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 197 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 ofa 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 andask them to randomly drop in and, after the meeting, inform the other adult Staff thatthe 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 bealone 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 actsof 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 youthof 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.
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 theinteraction is of an appropriate type and is approved in advance by the program supervisor. City standards for appropriate off-site contacts (which may occur with advance program supervisor approvaland parental approval) and inappropriate off-site contacts (which are absolutely prohibited and cannotbe approved by program supervisors, regardless of whether parents approve or not) are as follows:
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 198 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Appropriate Outside Contact Inappropriate Outside Contact • Taking groups of youth on a
program- related 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 staffemployee, 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’shome 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 withStaff
• 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
aspractical)
E. Electronic Communications and Use of Electronic Communication Devices
Any private electronic communication between Staff and youth, including private communications through social media (e.g., Facebook, Instagram, Snapchat) is prohibited. All electronic communication 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.
The following are examples of appropriate and inappropriate electronic communication:
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 199 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Appropriate Electronic
Communication
Inappropriate
Electronic
Communication
• Sending and replying to emails and
text messages from 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 onsocial 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
socialmedia 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
relatedpurposes
Use of electronic communication devices (whether personal or provided by the City) to engage in anyinappropriate electronic communication with a program youth shall be grounds for discipline up to andincluding 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’sparents. 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: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 200 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 thatall 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 site- specific) to monitor and document who has access to youth while the program is providing services toyouth. 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 Staffto-youth ratiosthat 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 fromdifferent 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 Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 201 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) supervision is required when monitoring programs that mix age groups.
C. Monitoring Youth in Program Facilities
Programs must implement practices for monitoring program youth that comply with all of thefollowing:
1. A parent or legal guardian must complete a participant application which includes identifying information, 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 program 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 have one 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 routinely and 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 7 th
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 Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 202 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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.
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
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 203 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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. b. Staff must intermittently and briefly check inside the locker room so youth know the lockerroom is monitored.
c. 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. d. Prohibit the use of locker room horseplay such as towel snapping. e. When possible, arrange lockers to minimize unnecessary privacy. f. 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 is in each shower. Where possible, programs should use showercurtains that do not go all the way to the floor, so that Staff can easily see how many youth are 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 may not 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: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 204 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
5. Playground Activities
Programs must establish procedures for playground activities that comply with the following:
a. Require youth to always remain in line-of-site of Staff. 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.
When public transportation is used, in addition to the procedures listed above, procedures shouldcomply with the following:
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 205 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 administrators in writing, identifying the youth transported, the beginning and ending times of 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 off-site 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 offsite 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 limited to, assigned groups, scheduled itineraries, continuous roll calls or head counts, and group bathroom breaks.
8. Overnight Activities
Overnight stays present unique risks to youth and Staff because they often involve Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 206 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 discuss and 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 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.
d. With regard to sleeping arrangements, separate male and female youth into Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 207 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 supervision around 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.
9. Teen Leadership Program/Counselors in Training Program Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 208 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 andinappropriate 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: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 209 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:
STANDARDS FOR RESPONDING TO SUSPECTEDABUSE OR NEGLECT OR
SUSPICIOUS OR INAPPROPRIATE CONDUCT
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 210 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 Citymanaged youth program. All Staff are expected to act conscientiously to exemplify the highest ethical 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 been the victim of child abuse or neglect.” California Penal Code 11166(a), 11165.9. The initial report must be made immediately, or as soon as is practicably possible, by telephone, and a written report must be prepared and 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 or suspected 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 duties imposed 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.
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 211 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing coveringthem, of a child, or of the 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 sexualconduct; 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 “provide adequate 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 health of 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 Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 212 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) mean “a situation where any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury 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 question whether 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 report so 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. Reports of suspected or known abuse or neglect may be made confidentially to the following:
a. Immediate supervisor
b. Program Manager and/or Program Administrator
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 213 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 thathe 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. Besure 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 causingyour 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 againto 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:
Guidelines for Supervisor and Department Response to Suspected Abuse orNeglect
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 214 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 thealleged 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 mustbe 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.
4. City Response (Child Protection Officer and Child Protection Committee):
Guidelines for Organizational Response
• 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: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 215 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 inaccordance with the City’s progressive
disciplinary process.
• Advise the Department that reported the issue of any
additional actionsthat 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 actively participate 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
BetweenStaff and Youth
• Violation of the abuse prevention standards described in the City’sStandards 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
All reports of suspicious or inappropriate conduct with youth will be taken seriously. City procedures will be carefully followed to ensure that the rights of all those involved are protected.
The reporting procedures below apply whether or not the conduct observed rises to 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 Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 216 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 Conductor 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 programmanager, 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.
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
Suspiciousor Inappropriate Conduct or Standards
Violations
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 217 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 takenseriously.
• 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 ProtectionCommittee. 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 todisciplinary 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
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 218 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • Review the need for increased supervision.
• Review the need for revised policies or procedures.
• Review the need for additional training.
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:
Most serious incidents of youth-to-youth abuse are preceded by more subtle incidents such as name-calling, 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
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 219 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
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 andhow 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 ofprohibited you-to-youth highrisk interactions or prohibited youth-to-youth sexual behaviors, they should do the following:
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-to-youth sexual behavior, theorganization will determine what can be done to prevent a reoccurrence, such as:
Guidelines for Organizational Response
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 220 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 additionalactions that should be taken.
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 221 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Attachment 1:
Suspected Child Abuse Report (SCAR) Form(Cal DOJ
Form BCIA 8572)
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 222 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 223 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
DEFINITIONS AND GENERAL INSTRUCTIONS FOR
COMPLETION OF FORM BCIA 8572
All Penal Code (PC) references are located in Article 2.5 of the California PC. This article is known as the Child Abuse and Neglect Reporting Act (CANRA). The provisions of CANRA may be viewed at:
http://leginfo.legislature.ca.gov/faces/codes.xhtml (specify "PenalCode" and search for sections 11164-11174.3). A mandated reporter must complete and submit form BCIA 8572 even if some of the requested information is not known. (PC section 11167(a).) I. MANDATED CHILD ABUSE REPORTERS
Mandated child abuse reporters include all
those individualsand entities listed in PC
section 11165.7.
II. TO WHOM REPORTS ARE TO BE MADE
("DESIGNATEDAGENCIES")
Reports of suspected child abuse or neglect
shall be made by mandated reporters to any
police department or sheriff's department (not
including a school district police or security
department), the county probation department
(if designatedby the county to receive
mandated reports), or the county welfare
department. (PC section 11165.9.)
III. REPORTING RESPONSIBILITIES
Any mandated reporter who has knowledge of
or observes achild, in his or her professional
capacity or within the scope of his or her
employment, whom he or she knows or
reasonably suspects has been the victim of
child abuse or neglect shall report such
suspected incident of abuse or neglect to a
designated agency immediately or as soon as
practically possible by telephone and shall
prepare and senda written report thereof within
36 hours of receiving the information
concerning the incident. (PC section 11166(a).)
No mandated reporter who reports a suspected
incident of child abuse or neglect shall be held
civilly or criminally liable for any report required
or authorized by CANRA. Any other person
reporting a known or suspected incident of child
abuse or neglect shall not incur civil or criminal
liability as a result of any report authorized by
CANRA unless it can be proven the report was
false and the person knew it was falseor made the
report with reckless disregard of its truth or falsity. (PC section 11172(a).)
IV. INSTRUCTIONS
SECTION A – REPORTING PARTY: Enter the
mandatedreporter's name, title, category (from
PC section 11165.7),business/agency name
and address, daytime telephone number, and
today's date. Check yes/no whether the
mandated reporter witnessed the incident. The
signature area is for either the mandated
reporter or, if the report is telephoned in by the
mandated reporter, the person takingthe
telephoned report.
IV. INSTRUCTIONS (continued)
SECTION B – REPORT NOTIFICATION:
Complete the
name and address of the designated agency
notified, thedate/time of the phone call, and the
name, title, and telephone number of the official
contacted.
SECTION C – VICTIM (One Report per
Victim): Enter the victim's name, birthdate or
approximate age, sex, ethnicity, address,
telephone number, present location, and,
where applicable, enter the school, class
(indicate the teacher's name or room number),
and grade. List the primary language spoken in
the victim's home. Check the appropriate
yes/no box to indicate whether the victim may
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 224 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) have a developmental disability or physical
disability and specify any other apparent
disability. Check the appropriateyes/no box
to indicate whether the victim is in foster care,
and check the appropriate box to indicate the
type of care if the victim was in out-of-home
care. Check the appropriate box to indicate
the type of abuse. List the victim's
relationship to the suspect. Check the
appropriate yes/no box to indicate whether
photos of the injuries were taken.
Check the appropriate box to indicate whether
the incidentresulted in the victim's death.
SECTION D – INVOLVED PARTIES: Enter
the requested information for Victim's
Siblings, Victim's Parents/Guardians,and
Suspect. Attach extra sheet(s) if needed
(provide the requested information for each
individual on the attached sheet(s)).
SECTION E – INCIDENT INFORMATION: If
multiple
victims, indicate the number and submit a form
for each victim. Enter date/time and place of
the incident. Provide anarrative of the incident.
Attach extra sheet(s) if needed.
V. DISTRIBUTION
Reporting Party: After completing form BCIA
8572, retain acopy for your records and submit
copies to the designated agency.
Designated Agency: Within 36 hours of
receipt of form BCIA 8572, the initial designated
agency will send a copy of the completed form
to the district attorney and any additional
designated agencies in compliance with PC
sections 11166(j) and 11166(k).
1 Alaskan
Native
2 American
Indian
3 Asian
Indian
4 Black
5 Cambodian
6 Caribbean
7 Central
American
8 Chinese
9 Ethiopian
10 Filipino
11 Guamania
n
12 Hawaii
an
13 Hispani
c
14 Hmong
15 Japane
se
ETHNICITY CODES
16 Korean
17 Laotian
18 Mexican
19 Other Asian
21 Other Pacific
Islander
22 Polynesian
23 Samoan
24 South
American
25 Vietnames
e
26 White
27 White-Armenian
28 White-Central
American
29 White-European
30 White-Middle
Eastern
31 White-Roman
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 225 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Attachment 2:
Response to Report of Inappropriate or Suspicious
Conduct or Standards Violation
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 226 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) ADMINISTRATIVE INSTRUCTION III-5-12: ABUSE
PREVENTION
Report Regarding Suspicious or
Inappropriate Conductor Standards
Violation
1 Supervisor/Manager Signature Date
1 This form should be used only to report suspicious or inappropriate conduct or a standards violation that does not rise to the level of suspected child abuse or neglect. Suspected child abuse or neglect must be immediately reported by phone to the Department of Children and Family Services or the Santa Monica Police Department, followed within 36 hours by a written report California Department of Justice form BCIA 8572, Suspected Child Abuse Report
City-Managed Youth Program: Location of
Reported
Conduct:
Date and Time
of Reported
Conduct:
Reporting Party: Title:
Party Receiving Report: Title: Date and Time
ofReport:
Supervisor/Manager Assigned to
Respond toReport:
Title:
Description of Conduct Reported (include names of individuals engaging in conduct reported, namesof youth affected, and steps taken at time to stop reported conduct) (attach additional pages as needed):
Actions taken in Response to Conduct Reported (include any notification to parents, referral forinvestigation, counseling, or other corrective action) (attach additional pages as needed):
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562
4.E.f
Packet Pg. 227 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 1 Rev. November 2024
Agreement No. 5095
RECREATION AND ARTS 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, a 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 Recreation and Arts 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, 2026, unless sooner terminated in accordance with Section 17. 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 be completed for each season or session where Services are requested by the City, and Contractor’s agreement to Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3 6/24/2025
4.E.g
Packet Pg. 228 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 2 Rev. November 2024
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.
2.5.1Cancellation 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.
2.5.2Cancellation 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: (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 Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 229 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 3 Rev. November 2024
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.
2.5.3Rescheduling. 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 Contractor, or City at City’s election, 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.
3.3 Contractor will bear the costs of complying with the Child Protection requirements set forth in this section.
3.4 Contractor agrees that the City may conduct scheduled or random audits of the Services to ensure compliance with this Section 3, and other requirements, that are specified and incorporated in this Agreement to protect children.
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 230 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 4 Rev. November 2024
3.5 City, in its sole and complete discretion, may suspend or terminate this Agreement immediately if Contractor fails to comply with this Section 3, the Live Scan requirement pursuant to Section 12, or the Abuse Prevention Standards and Requirements as outlined in Exhibit D. City will provide Contractor with written notice of any suspension or termination under this section, which will be effectively immediately.
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 One Hundred Eighty-Seven Thousand Two Hundred Ten Dollars ($187,210). 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.
5.1Contractor 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.
5.2Contractor shall be responsible for obtaining, at Contractor’s sole expense, any business licenses, business tax registrations, and permits required to perform the Services.
5.3Contractor 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.
5.4Contractor 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.
6.1Contractor 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 Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 231 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 5 Rev. November 2024
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.
6.2Contractor 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.
6.3Contractor represents that it maintains a business location that is separate from the location(s) where Contractor will provide Services.
6.4Contractor 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.
6.5Contractor 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:
7.1Non-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.
7.2Fair 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.
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 232 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 6 Rev. November 2024
8. Permits And Licenses. Contractor shall comply with all applicable laws, regulations, ordinances, and statutes, and shall obtain and maintain, at 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; (iii) claims by any persons or entities providing services, materials, equipment or supplies in connection with Contractor’s obligations under this Agreement; and (iv) any injury to persons or property including, without limitation, Contractor’s business or any loss of income therefrom, or other property of Contractor, Contractor’s officers, agents, employees, contractors, invitees, or customers, or any other person, or personal injury or death of Contractor, its officers, agents, employees, contractors, invitees, and customers.
Contractor’s obligation to indemnify, defend and hold harmless shall exist regardless of the active or passive negligence of the City; however, Contractor shall have no obligation to indemnify, protect, defend or hold harmless where the claim arises from the sole and active negligence or willful misconduct of the City.
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 Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 233 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 7 Rev. November 2024
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.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.
15.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.
16.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.
17.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.
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 234 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 8 Rev. November 2024
18.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, Recreation and Arts
1685 Main Street, Room 210
Santa Monica, California 90401
with copies to:
Community Classes and Camps Program
Attn: Program Supervisor
1450 Ocean Ave
Santa Monica, CA 90401
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.
19.Subcontractors.
19.1 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 preparing an estimated cost for the subcontractor services. The City, in its sole discretion, may grant or deny the request.
19.2 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:
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 235 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 9 Rev. November 2024
This agreement is consistent with all terms and conditions of the Agreement No. 5095 entered into between the City of Santa Monica and Contractor on^^____________________.
20.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.
20.1 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.
20.2 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.
20.3 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.
21.Governing Law. This Agreement has been made and shall be construed and interpreted in accordance with the laws of the State of California.
22.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.
23.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 Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3 6/24/2025
4.E.g
Packet Pg. 236 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 10 Rev. November 2024
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.
24.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.
25.Prohibition Against Transfers.
25.1 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, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
25.2 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.
26.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.
27.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.
28.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 document. 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 agreed that such electronic signature shall have the same force and effect as an original signature).
29.Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Schedule of Services and Payments
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 237 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 11 Rev. November 2024
Exhibit B Class Schedule Commitment Forms
Exhibit C Insurance Requirements
Exhibit D Acknowledgment of Abuse Prevention Standards and Requirements
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
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ___________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ____________________________
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3 City Attorney
DOUGLAS SLOAN
6/17/2025
Owner
Richard Goldenson
6/20/2025
6/24/2025
Elaine Polachek
Interim City Manager
6/24/2025
City Clerk
Nikima Newsome
4.E.g
Packet Pg. 238 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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
Meetin
g
% of Base
Fee Paid to
Contractor
Minimum
Enrollment
Maximum
Enrollment Materials
Fee*
Youth Tennis
Camp
$50.00 60% 6 15 n/a
Youth Tennis
Class
$10.00 60% 6 9 n/a
Adult Tennis
Class
$15.00 60% 6 9 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 $187,210. This total amount will include compensation paid to Contractor for the years that the parties mutually agree to renew this Agreement under the same terms and conditions.
Payments for Contractors teaching classes covering six (6) weeks or longer will be divided as follows: Half the payment will be issued midway through the session/season and the balance will be issued at the end of the session/season. Payment will be issued approximately two (2) weeks after each half is completed.
Payments for Contractors teaching classes covering less than a six (6) week period will be issued at the conclusion of the session/season.
Camp/mini-camp instructor 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: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 239 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit B
Class Schedule Commitment Forms
Session/Season: Summer 2025
Contractor: Richard Goldenson
Classes will be conducted in accordance with the following schedule of dates, times and locations.
Class
Name/Level
Class
Type
Day Dates Class
Time
Location
Youth Tennis
Camp
Youth
camp
MondayFridayTBD 10am1pmMemorial
Park
Adult Tennis
class
Adult
fitness
TBD TBD TBD TBD
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 240 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit C
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of Services hereunder by the Contractor, its agents, representatives, employees, volunteers, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Note – required only if Contractor has employees).
3. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or 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.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Other Insurance Provisions
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 241 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.
2. For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. This requirement shall also apply to any Excess or Umbrella liability policies.
3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Contractor for the City. This provision also applies to Contractor’s Workers’ Compensation policy.
4. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 242 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 243 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit D
Acknowledgment of Abuse Prevention Standards and
Requirements
I have read, understand, and agree to comply with all of the following, which are attached to this Exhibit D:
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.
Richard Goldenson
#VENDOR
___________________________
_____________________________
Richard Goldenson
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3 6/20/2025
4.E.g
Packet Pg. 244 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:
CODE OF CONDUCT FOR PROVIDING SERVICE
TO YOUTH
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 245 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
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 Citymanaged 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:
Staff understand that the City of Santa Monica has zero tolerance for abuse.
Staff will treat youth with dignity and respect.
Staff will treat youth fairly regardless of race, color, sex, sexual orientation, gender identity, genderexpression, ancestry, national-origin, religion, medical condition, or physical or mental disability.
Staff will ensure that youth are adequately supervised in accordance with recommendedsupervision ratios.
Staff will dress appropriately to the occasion, task, and company present.
Staff will seek guidance from a program supervisor if they are unsure about anything relating tothe conduct of Staff or youth.
Staff will not stare at or comment on youth bodies.
Staff will not date or engage in physical or romantic relationships with youth.
Staff will not use or be under the influence of alcohol or illegal drugs in the presence of youth or atany facility used to provide services to youth.
Staff will not have printed or online pornography in the presence of youth or at any facility used toprovide services to youth.
Staff will not have secrets with youth.
Staff will not give to any youth gifts, rewards, or incentives (including food) that are not programrelated.
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 Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 246 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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, afterthe 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.
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 phonecalls, 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.
Staff will not mistreat or bully youth in any way. In addition, Staff have an obligation to do allthey 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 Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 247 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 non-verbal gestures, to harm another or convey a threat of harm to another. Verbal bullying can include: (i) teasing; (ii) namecalling; (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) friendshipmanipulation, 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, textmessages, 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 behaviorsthat 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.
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, Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 248 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) c. appropriate and inappropriate electronic communications with youth.
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 abuseand 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.
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 anyconduct in violation of City standards regarding physical interactions, verbal interactions, or electronic communications with youth, by other Staff, other adults, or other youth, to theirimmediate supervisor (or if the concerns relate to that supervisor, to the program manager, programadministrator, division manager, and/or department leadership) and/or the City’s anonymous ethicshotline at [email protected] or 844-4-SMETHIC.
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: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 249 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:
STANDARDS FOR CITY-MANAGED YOUTH PROGRAMS
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 250 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Prevention Standards—
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 ethicalstandards. 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,
andarms
• Briefly placing arms around
shoulders
• Holding hands with young children
in anescorting 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
Staffmember’s leg
• Any physical act of affection that
isunwanted by the youth
• Any physical act of affection that
occursin an isolated area
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 251 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Prevention Standards—
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 nonderogatory fashion
• Appropriate jokes
• Initiating sexually oriented
conversations
• Discussing staff or volunteer
sexualencounters
• In any way involving youth in the
personalproblems 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, national- origin, 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: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 252 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 interactionswith 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, notindependently, 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 Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 253 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 ofa 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 andask them to randomly drop in and, after the meeting, inform the other adult Staff thatthe 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 bealone 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 actsof 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 youthof 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.
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 theinteraction is of an appropriate type and is approved in advance by the program supervisor. City standards for appropriate off-site contacts (which may occur with advance program supervisor approvaland parental approval) and inappropriate off-site contacts (which are absolutely prohibited and cannotbe approved by program supervisors, regardless of whether parents approve or not) are as follows:
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 254 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Appropriate Outside Contact Inappropriate Outside Contact • Taking groups of youth on a
program- related 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 staffemployee, 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’shome 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 withStaff
• 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
aspractical)
E. Electronic Communications and Use of Electronic Communication Devices
Any private electronic communication between Staff and youth, including private communications through social media (e.g., Facebook, Instagram, Snapchat) is prohibited. All electronic communication 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.
The following are examples of appropriate and inappropriate electronic communication:
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 255 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Appropriate Electronic
Communication
Inappropriate
Electronic
Communication
• Sending and replying to emails and
text messages from 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 onsocial 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
socialmedia 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
relatedpurposes
Use of electronic communication devices (whether personal or provided by the City) to engage in anyinappropriate electronic communication with a program youth shall be grounds for discipline up to andincluding 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’sparents. 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: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 256 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 thatall 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 site- specific) to monitor and document who has access to youth while the program is providing services toyouth. 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 Staffto-youth ratiosthat 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 fromdifferent 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 Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 257 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) supervision is required when monitoring programs that mix age groups.
C. Monitoring Youth in Program Facilities
Programs must implement practices for monitoring program youth that comply with all of thefollowing:
1. A parent or legal guardian must complete a participant application which includes identifying information, 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 program 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 have one 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 routinely and 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 7 th
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 Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 258 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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.
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
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 259 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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. b. Staff must intermittently and briefly check inside the locker room so youth know the lockerroom is monitored.
c. 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. d. Prohibit the use of locker room horseplay such as towel snapping. e. When possible, arrange lockers to minimize unnecessary privacy. f. 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 is in each shower. Where possible, programs should use showercurtains that do not go all the way to the floor, so that Staff can easily see how many youth are 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 may not 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: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 260 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
5. Playground Activities
Programs must establish procedures for playground activities that comply with the following:
a. Require youth to always remain in line-of-site of Staff. 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.
When public transportation is used, in addition to the procedures listed above, procedures shouldcomply with the following:
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 261 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 administrators in writing, identifying the youth transported, the beginning and ending times of 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 off-site 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 offsite 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 limited to, assigned groups, scheduled itineraries, continuous roll calls or head counts, and group bathroom breaks.
8. Overnight Activities
Overnight stays present unique risks to youth and Staff because they often involve Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 262 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 discuss and 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 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.
d. With regard to sleeping arrangements, separate male and female youth into Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 263 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 supervision around 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.
9. Teen Leadership Program/Counselors in Training Program Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 264 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 andinappropriate 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: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 265 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:
STANDARDS FOR RESPONDING TO SUSPECTEDABUSE OR NEGLECT OR
SUSPICIOUS OR INAPPROPRIATE CONDUCT
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 266 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 Citymanaged youth program. All Staff are expected to act conscientiously to exemplify the highest ethical 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 been the victim of child abuse or neglect.” California Penal Code 11166(a), 11165.9. The initial report must be made immediately, or as soon as is practicably possible, by telephone, and a written report must be prepared and 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 or suspected 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 duties imposed 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.
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 267 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing coveringthem, of a child, or of the 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 sexualconduct; 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 “provide adequate 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 health of 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 Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 268 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) mean “a situation where any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury 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 question whether 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 report so 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. Reports of suspected or known abuse or neglect may be made confidentially to the following:
a. Immediate supervisor
b. Program Manager and/or Program Administrator
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 269 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 thathe 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. Besure 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 causingyour 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 againto 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:
Guidelines for Supervisor and Department Response to Suspected Abuse orNeglect
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 270 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 thealleged 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 mustbe 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.
4. City Response (Child Protection Officer and Child Protection Committee):
Guidelines for Organizational Response
• 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: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 271 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 inaccordance with the City’s progressive
disciplinary process.
• Advise the Department that reported the issue of any
additional actionsthat 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 actively participate 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
BetweenStaff and Youth
• Violation of the abuse prevention standards described in the City’sStandards 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
All reports of suspicious or inappropriate conduct with youth will be taken seriously. City procedures will be carefully followed to ensure that the rights of all those involved are protected.
The reporting procedures below apply whether or not the conduct observed rises to 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 Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 272 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 Conductor 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 programmanager, 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.
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
Suspiciousor Inappropriate Conduct or Standards
Violations
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 273 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 takenseriously.
• 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 ProtectionCommittee. 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 todisciplinary 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
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 274 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • Review the need for increased supervision.
• Review the need for revised policies or procedures.
• Review the need for additional training.
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:
Most serious incidents of youth-to-youth abuse are preceded by more subtle incidents such as name-calling, 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
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 275 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
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 andhow 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 ofprohibited you-to-youth highrisk interactions or prohibited youth-to-youth sexual behaviors, they should do the following:
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-to-youth sexual behavior, theorganization will determine what can be done to prevent a reoccurrence, such as:
Guidelines for Organizational Response
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 276 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 additionalactions that should be taken.
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 277 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Attachment 1:
Suspected Child Abuse Report (SCAR) Form(Cal DOJ
Form BCIA 8572)
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 278 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 279 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
DEFINITIONS AND GENERAL INSTRUCTIONS FOR
COMPLETION OF FORM BCIA 8572
All Penal Code (PC) references are located in Article 2.5 of the California PC. This article is known as the Child Abuse and Neglect Reporting Act (CANRA). The provisions of CANRA may be viewed at:
http://leginfo.legislature.ca.gov/faces/codes.xhtml (specify "PenalCode" and search for sections 11164-11174.3). A mandated reporter must complete and submit form BCIA 8572 even if some of the requested information is not known. (PC section 11167(a).) I. MANDATED CHILD ABUSE REPORTERS
Mandated child abuse reporters include all
those individualsand entities listed in PC
section 11165.7.
II. TO WHOM REPORTS ARE TO BE MADE
("DESIGNATEDAGENCIES")
Reports of suspected child abuse or neglect
shall be made by mandated reporters to any
police department or sheriff's department (not
including a school district police or security
department), the county probation department
(if designatedby the county to receive
mandated reports), or the county welfare
department. (PC section 11165.9.)
III. REPORTING RESPONSIBILITIES
Any mandated reporter who has knowledge of
or observes achild, in his or her professional
capacity or within the scope of his or her
employment, whom he or she knows or
reasonably suspects has been the victim of
child abuse or neglect shall report such
suspected incident of abuse or neglect to a
designated agency immediately or as soon as
practically possible by telephone and shall
prepare and senda written report thereof within
36 hours of receiving the information
concerning the incident. (PC section 11166(a).)
No mandated reporter who reports a suspected
incident of child abuse or neglect shall be held
civilly or criminally liable for any report required
or authorized by CANRA. Any other person
reporting a known or suspected incident of child
abuse or neglect shall not incur civil or criminal
liability as a result of any report authorized by
CANRA unless it can be proven the report was
false and the person knew it was falseor made the
report with reckless disregard of its truth or falsity. (PC section 11172(a).)
IV. INSTRUCTIONS
SECTION A – REPORTING PARTY: Enter the
mandatedreporter's name, title, category (from
PC section 11165.7),business/agency name
and address, daytime telephone number, and
today's date. Check yes/no whether the
mandated reporter witnessed the incident. The
signature area is for either the mandated
reporter or, if the report is telephoned in by the
mandated reporter, the person takingthe
telephoned report.
IV. INSTRUCTIONS (continued)
SECTION B – REPORT NOTIFICATION:
Complete the
name and address of the designated agency
notified, thedate/time of the phone call, and the
name, title, and telephone number of the official
contacted.
SECTION C – VICTIM (One Report per
Victim): Enter the victim's name, birthdate or
approximate age, sex, ethnicity, address,
telephone number, present location, and,
where applicable, enter the school, class
(indicate the teacher's name or room number),
and grade. List the primary language spoken in
the victim's home. Check the appropriate
yes/no box to indicate whether the victim may
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 280 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) have a developmental disability or physical
disability and specify any other apparent
disability. Check the appropriateyes/no box
to indicate whether the victim is in foster care,
and check the appropriate box to indicate the
type of care if the victim was in out-of-home
care. Check the appropriate box to indicate
the type of abuse. List the victim's
relationship to the suspect. Check the
appropriate yes/no box to indicate whether
photos of the injuries were taken.
Check the appropriate box to indicate whether
the incidentresulted in the victim's death.
SECTION D – INVOLVED PARTIES: Enter
the requested information for Victim's
Siblings, Victim's Parents/Guardians,and
Suspect. Attach extra sheet(s) if needed
(provide the requested information for each
individual on the attached sheet(s)).
SECTION E – INCIDENT INFORMATION: If
multiple
victims, indicate the number and submit a form
for each victim. Enter date/time and place of
the incident. Provide anarrative of the incident.
Attach extra sheet(s) if needed.
V. DISTRIBUTION
Reporting Party: After completing form BCIA
8572, retain acopy for your records and submit
copies to the designated agency.
Designated Agency: Within 36 hours of
receipt of form BCIA 8572, the initial designated
agency will send a copy of the completed form
to the district attorney and any additional
designated agencies in compliance with PC
sections 11166(j) and 11166(k).
1 Alaskan
Native
2 American
Indian
3 Asian
Indian
4 Black
5 Cambodian
6 Caribbean
7 Central
American
8 Chinese
9 Ethiopian
10 Filipino
11 Guamania
n
12 Hawaii
an
13 Hispani
c
14 Hmong
15 Japane
se
ETHNICITY CODES
16 Korean
17 Laotian
18 Mexican
19 Other Asian
21 Other Pacific
Islander
22 Polynesian
23 Samoan
24 South
American
25 Vietnames
e
26 White
27 White-Armenian
28 White-Central
American
29 White-European
30 White-Middle
Eastern
31 White-Roman
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 281 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Attachment 2:
Response to Report of Inappropriate or Suspicious
Conduct or Standards Violation
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 282 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) ADMINISTRATIVE INSTRUCTION III-5-12: ABUSE
PREVENTION
Report Regarding Suspicious or
Inappropriate Conductor Standards
Violation
1 Supervisor/Manager Signature Date
1 This form should be used only to report suspicious or inappropriate conduct or a standards violation that does not rise to the level of suspected child abuse or neglect. Suspected child abuse or neglect must be immediately reported by phone to the Department of Children and Family Services or the Santa Monica Police Department, followed within 36 hours by a written report California Department of Justice form BCIA 8572, Suspected Child Abuse Report
City-Managed Youth Program: Location of
Reported
Conduct:
Date and Time
of Reported
Conduct:
Reporting Party: Title:
Party Receiving Report: Title: Date and Time
ofReport:
Supervisor/Manager Assigned to
Respond toReport:
Title:
Description of Conduct Reported (include names of individuals engaging in conduct reported, namesof youth affected, and steps taken at time to stop reported conduct) (attach additional pages as needed):
Actions taken in Response to Conduct Reported (include any notification to parents, referral forinvestigation, counseling, or other corrective action) (attach additional pages as needed):
Docusign Envelope ID: E1724BCE-A58C-44ED-84A8-BF978CA7A9C3
4.E.g
Packet Pg. 283 Attachment: Richard Goldenson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 1 Rev. November 2024
Agreement No. 5098
RECREATION AND ARTS 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 Wesley Terry, a Sole Proprietor DBA Santa Monica Baseball Academy, (“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 Recreation and Arts 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, 2026 unless sooner terminated in accordance with Section 17. 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 be completed for each season or session where Services are requested by the City, and Contractor’s agreement to Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F 6/17/2025
4.E.h
Packet Pg. 284 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 2 Rev. November 2024
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.
2.5.1Cancellation 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.
2.5.2Cancellation 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: (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 Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 285 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 3 Rev. November 2024
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.
2.5.3Rescheduling. 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 Contractor, or City at City’s election, 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.
3.3 Contractor will bear the costs of complying with the Child Protection requirements set forth in this section.
3.4 Contractor agrees that the City may conduct scheduled or random audits of the Services to ensure compliance with this Section 3, and other requirements, that are specified and incorporated in this Agreement to protect children.
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 286 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 4 Rev. November 2024
3.5 City, in its sole and complete discretion, may suspend or terminate this Agreement immediately if Contractor fails to comply with this Section 3, the Live Scan requirement pursuant to Section 12, or the Abuse Prevention Standards and Requirements as outlined in Exhibit D. City will provide Contractor with written notice of any suspension or termination under this section, which will be effectively immediately.
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 and Thirty Thousand Dollars ($230,000). 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.
5.1Contractor 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.
5.2Contractor shall be responsible for obtaining, at Contractor’s sole expense, any business licenses, business tax registrations, and permits required to perform the Services.
5.3Contractor 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.
5.4Contractor 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.
6.1Contractor 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 Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 287 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 5 Rev. November 2024
Services, and failure to do so shall constitute a material breach of this Agreement.
6.2Contractor 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.
6.3Contractor represents that it maintains a business location that is separate from the location(s) where Contractor will provide Services.
6.4Contractor 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.
6.5Contractor 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:
7.1Non-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.
7.2Fair 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.
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 288 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 6 Rev. November 2024
8. Permits And Licenses. Contractor shall comply with all applicable laws, regulations, ordinances, and statutes, and shall obtain and maintain, at 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; (iii) claims by any persons or entities providing services, materials, equipment or supplies in connection with Contractor’s obligations under this Agreement; and (iv) any injury to persons or property including, without limitation, Contractor’s business or any loss of income therefrom, or other property of Contractor, Contractor’s officers, agents, employees, contractors, invitees, or customers, or any other person, or personal injury or death of Contractor, its officers, agents, employees, contractors, invitees, and customers.
Contractor’s obligation to indemnify, defend and hold harmless shall exist regardless of the active or passive negligence of the City; however, Contractor shall have no obligation to indemnify, protect, defend or hold harmless where the claim arises from the sole and active negligence or willful misconduct of the City.
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 Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 289 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 7 Rev. November 2024
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.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.
15.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.
16.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.
17.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.
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 290 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 8 Rev. November 2024
18.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, Recreation and Arts
1685 Main Street, Room 210
Santa Monica, California 90401
with copies to:
Community Classes and Camps Program
Attn: Program Supervisor
1450 Ocean Ave
Santa Monica, CA 90401
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:
Santa Monica Baseball Academy
Attn: Wesley Terry
2801 Ocean Park Blvd., Unit 387
Santa Monica, CA 90405
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.
19.Subcontractors.
19.1 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 preparing an estimated cost for the subcontractor services. The City, in its sole discretion, may grant or deny the request.
19.2 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 Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 291 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 9 Rev. November 2024
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. 5098 entered into between the City of Santa Monica and Contractor on^^____________________.
20.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.
20.1 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.
20.2 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.
20.3 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.
21.Governing Law. This Agreement has been made and shall be construed and interpreted in accordance with the laws of the State of California.
22.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.
23.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 Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F 6/17/2025
4.E.h
Packet Pg. 292 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 10 Rev. November 2024
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.
24.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.
25.Prohibition Against Transfers.
25.1 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, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
25.2 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.
26.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.
27.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.
28.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 document. 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 agreed that such electronic signature shall have the same force and effect as an original signature).
29.Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 293 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 11 Rev. November 2024
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
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
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ___________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ____________________________
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F 6/13/2025
DOUGLAS SLOAN
City Attorney
Athletic Director
Wes Terry
6/13/2025
Interim City Manager
Elaine Polachek
6/17/2025 6/17/2025
Nikima Newsome
City Clerk
4.E.h
Packet Pg. 294 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit A
Schedule of Services and Payments
Contractor: Wesley Terry DBA Santa Monica Baseball Academy Classes will be conducted in accordance with the following schedule of services and payments.
Class Name
Base
Fee per
Class
Meetin
g
% of Base
Fee Paid to
Contractor
Minimum
Enrollment
Maximum
Enrollment Materials
Fee*
SMBA Elite
Baseball
Camp
$78.60 60% 6 25 $5
SMBA
Baseball
Camp
$75.40 60% 6 40 $5
SMSBA
Softball
Camp
$71 60% 6 25 $5
*Materials Fee Description: baseballs
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 Two Hundred Thirty-Thousand Dollars ($230,000). This total amount will include compensation paid to Contractor for the years that the parties mutually agree to renew this Agreement under the same terms and conditions.
Payments for Contractors teaching classes covering six (6) weeks or longer will be divided as follows: Half the payment will be issued midway through the session/season and the balance will be issued at the end of the session/season. Payment will be issued approximately two (2) weeks after each half is completed.
Payments for Contractors teaching classes covering less than a six (6) week period will be issued at the conclusion of the session/season.
Camp payments will be processed at the conclusion of every two (2) weeks of camp or after one (1) week if two (2) weeks do not occur consecutively. Allow approximately fourteen (14) days for processing.
Class locations, dates and times may vary by session and are confirmed in a Class Schedule Commitment Form each session/season.
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 295 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 296 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit B
Class Schedule Commitment Forms
Session/Season: Summer 2025
Contractor: Wesley Terry DBA Santa Monica Baseball Academy Classes will be conducted in accordance with the following schedule of dates, times and locations.
Class
Name/Level
Class
Type
Day Dates Class
Time
Location
SMBA Classes Youth TBD TBD TBD TBD
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 297 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit C
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of Services hereunder by the Contractor, its agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Note – required only if Contractor has employees).
3. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or 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.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Other Insurance Provisions
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 298 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.
2. For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. This requirement shall also apply to any Excess or Umbrella liability policies.
3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Contractor for the City. This provision also applies to Contractor’s Workers’ Compensation policy.
4. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 299 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 300 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit D
Acknowledgment of Abuse Prevention Standards and
Requirements
I have read, understand, and agree to comply with all of the following, which are attached to this Exhibit D:
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.
Wesley Terry
#VENDOR
___________________________
_____________________________
Santa Monica Baseball Academy
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F 6/13/2025
4.E.h
Packet Pg. 301 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:
CODE OF CONDUCT FOR PROVIDING SERVICE
TO YOUTH
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 302 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
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 Citymanaged 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:
Staff understand that the City of Santa Monica has zero tolerance for abuse.
Staff will treat youth with dignity and respect.
Staff will treat youth fairly regardless of race, color, sex, sexual orientation, gender identity, genderexpression, ancestry, national-origin, religion, medical condition, or physical or mental disability.
Staff will ensure that youth are adequately supervised in accordance with recommendedsupervision ratios.
Staff will dress appropriately to the occasion, task, and company present.
Staff will seek guidance from a program supervisor if they are unsure about anything relating tothe conduct of Staff or youth.
Staff will not stare at or comment on youth bodies.
Staff will not date or engage in physical or romantic relationships with youth.
Staff will not use or be under the influence of alcohol or illegal drugs in the presence of youth or atany facility used to provide services to youth.
Staff will not have printed or online pornography in the presence of youth or at any facility used toprovide services to youth.
Staff will not have secrets with youth.
Staff will not give to any youth gifts, rewards, or incentives (including food) that are not programrelated.
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 Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 303 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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, afterthe 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.
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 phonecalls, 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.
Staff will not mistreat or bully youth in any way. In addition, Staff have an obligation to do allthey 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 Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 304 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 non-verbal gestures, to harm another or convey a threat of harm to another. Verbal bullying can include: (i) teasing; (ii) namecalling; (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) friendshipmanipulation, 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, textmessages, 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 behaviorsthat 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.
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, Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 305 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) c. appropriate and inappropriate electronic communications with youth.
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 abuseand 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.
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 anyconduct in violation of City standards regarding physical interactions, verbal interactions, or electronic communications with youth, by other Staff, other adults, or other youth, to theirimmediate supervisor (or if the concerns relate to that supervisor, to the program manager, programadministrator, division manager, and/or department leadership) and/or the City’s anonymous ethicshotline at [email protected] or 844-4-SMETHIC.
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: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 306 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:
STANDARDS FOR CITY-MANAGED YOUTH PROGRAMS
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 307 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Prevention Standards—
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 ethicalstandards. 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,
andarms
• Briefly placing arms around
shoulders
• Holding hands with young children
in anescorting 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
Staffmember’s leg
• Any physical act of affection that
isunwanted by the youth
• Any physical act of affection that
occursin an isolated area
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 308 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Prevention Standards—
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 nonderogatory fashion
• Appropriate jokes
• Initiating sexually oriented
conversations
• Discussing staff or volunteer
sexualencounters
• In any way involving youth in the
personalproblems 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, national- origin, 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: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 309 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 interactionswith 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, notindependently, 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 Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 310 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 ofa 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 andask them to randomly drop in and, after the meeting, inform the other adult Staff thatthe 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 bealone 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 actsof 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 youthof 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.
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 theinteraction is of an appropriate type and is approved in advance by the program supervisor. City standards for appropriate off-site contacts (which may occur with advance program supervisor approvaland parental approval) and inappropriate off-site contacts (which are absolutely prohibited and cannotbe approved by program supervisors, regardless of whether parents approve or not) are as follows:
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 311 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Appropriate Outside Contact Inappropriate Outside Contact • Taking groups of youth on a
program- related 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 staffemployee, 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’shome 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 withStaff
• 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
aspractical)
E. Electronic Communications and Use of Electronic Communication Devices
Any private electronic communication between Staff and youth, including private communications through social media (e.g., Facebook, Instagram, Snapchat) is prohibited. All electronic communication 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.
The following are examples of appropriate and inappropriate electronic communication:
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 312 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Appropriate Electronic
Communication
Inappropriate
Electronic
Communication
• Sending and replying to emails and
text messages from 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 onsocial 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
socialmedia 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
relatedpurposes
Use of electronic communication devices (whether personal or provided by the City) to engage in anyinappropriate electronic communication with a program youth shall be grounds for discipline up to andincluding 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’sparents. 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: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 313 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 thatall 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 site- specific) to monitor and document who has access to youth while the program is providing services toyouth. 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 Staffto-youth ratiosthat 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 fromdifferent 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 Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 314 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) supervision is required when monitoring programs that mix age groups.
C. Monitoring Youth in Program Facilities
Programs must implement practices for monitoring program youth that comply with all of thefollowing:
1. A parent or legal guardian must complete a participant application which includes identifying information, 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 program 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 have one 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 routinely and 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 7 th
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 Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 315 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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.
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
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 316 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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. b. Staff must intermittently and briefly check inside the locker room so youth know the lockerroom is monitored.
c. 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. d. Prohibit the use of locker room horseplay such as towel snapping. e. When possible, arrange lockers to minimize unnecessary privacy. f. 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 is in each shower. Where possible, programs should use showercurtains that do not go all the way to the floor, so that Staff can easily see how many youth are 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 may not 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: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 317 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
5. Playground Activities
Programs must establish procedures for playground activities that comply with the following:
a. Require youth to always remain in line-of-site of Staff. 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.
When public transportation is used, in addition to the procedures listed above, procedures shouldcomply with the following:
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 318 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 administrators in writing, identifying the youth transported, the beginning and ending times of 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 off-site 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 offsite 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 limited to, assigned groups, scheduled itineraries, continuous roll calls or head counts, and group bathroom breaks.
8. Overnight Activities
Overnight stays present unique risks to youth and Staff because they often involve Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 319 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 discuss and 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 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.
d. With regard to sleeping arrangements, separate male and female youth into Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 320 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 supervision around 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.
9. Teen Leadership Program/Counselors in Training Program Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 321 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 andinappropriate 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: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 322 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:
STANDARDS FOR RESPONDING TO SUSPECTEDABUSE OR NEGLECT OR
SUSPICIOUS OR INAPPROPRIATE CONDUCT
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 323 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 Citymanaged youth program. All Staff are expected to act conscientiously to exemplify the highest ethical 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 been the victim of child abuse or neglect.” California Penal Code 11166(a), 11165.9. The initial report must be made immediately, or as soon as is practicably possible, by telephone, and a written report must be prepared and 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 or suspected 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 duties imposed 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.
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 324 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing coveringthem, of a child, or of the 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 sexualconduct; 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 “provide adequate 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 health of 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 Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 325 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) mean “a situation where any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury 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 question whether 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 report so 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. Reports of suspected or known abuse or neglect may be made confidentially to the following:
a. Immediate supervisor
b. Program Manager and/or Program Administrator
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 326 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 thathe 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. Besure 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 causingyour 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 againto 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:
Guidelines for Supervisor and Department Response to Suspected Abuse orNeglect
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 327 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 thealleged 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 mustbe 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.
4. City Response (Child Protection Officer and Child Protection Committee):
Guidelines for Organizational Response
• 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: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 328 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 inaccordance with the City’s progressive
disciplinary process.
• Advise the Department that reported the issue of any
additional actionsthat 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 actively participate 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
BetweenStaff and Youth
• Violation of the abuse prevention standards described in the City’sStandards 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
All reports of suspicious or inappropriate conduct with youth will be taken seriously. City procedures will be carefully followed to ensure that the rights of all those involved are protected.
The reporting procedures below apply whether or not the conduct observed rises to 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 Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 329 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 Conductor 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 programmanager, 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.
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
Suspiciousor Inappropriate Conduct or Standards
Violations
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 330 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 takenseriously.
• 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 ProtectionCommittee. 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 todisciplinary 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
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 331 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • Review the need for increased supervision.
• Review the need for revised policies or procedures.
• Review the need for additional training.
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:
Most serious incidents of youth-to-youth abuse are preceded by more subtle incidents such as name-calling, 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
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 332 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
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 andhow 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 ofprohibited you-to-youth highrisk interactions or prohibited youth-to-youth sexual behaviors, they should do the following:
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-to-youth sexual behavior, theorganization will determine what can be done to prevent a reoccurrence, such as:
Guidelines for Organizational Response
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 333 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) • 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 additionalactions that should be taken.
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 334 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Attachment 1:
Suspected Child Abuse Report (SCAR) Form(Cal DOJ
Form BCIA 8572)
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 335 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 336 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
DEFINITIONS AND GENERAL INSTRUCTIONS FOR
COMPLETION OF FORM BCIA 8572
All Penal Code (PC) references are located in Article 2.5 of the California PC. This article is known as the Child Abuse and Neglect Reporting Act (CANRA). The provisions of CANRA may be viewed at:
http://leginfo.legislature.ca.gov/faces/codes.xhtml (specify "PenalCode" and search for sections 11164-11174.3). A mandated reporter must complete and submit form BCIA 8572 even if some of the requested information is not known. (PC section 11167(a).) I. MANDATED CHILD ABUSE REPORTERS
Mandated child abuse reporters include all
those individualsand entities listed in PC
section 11165.7.
II. TO WHOM REPORTS ARE TO BE MADE
("DESIGNATEDAGENCIES")
Reports of suspected child abuse or neglect
shall be made by mandated reporters to any
police department or sheriff's department (not
including a school district police or security
department), the county probation department
(if designatedby the county to receive
mandated reports), or the county welfare
department. (PC section 11165.9.)
III. REPORTING RESPONSIBILITIES
Any mandated reporter who has knowledge of
or observes achild, in his or her professional
capacity or within the scope of his or her
employment, whom he or she knows or
reasonably suspects has been the victim of
child abuse or neglect shall report such
suspected incident of abuse or neglect to a
designated agency immediately or as soon as
practically possible by telephone and shall
prepare and senda written report thereof within
36 hours of receiving the information
concerning the incident. (PC section 11166(a).)
No mandated reporter who reports a suspected
incident of child abuse or neglect shall be held
civilly or criminally liable for any report required
or authorized by CANRA. Any other person
reporting a known or suspected incident of child
abuse or neglect shall not incur civil or criminal
liability as a result of any report authorized by
CANRA unless it can be proven the report was
false and the person knew it was falseor made the
report with reckless disregard of its truth or falsity. (PC section 11172(a).)
IV. INSTRUCTIONS
SECTION A – REPORTING PARTY: Enter the
mandatedreporter's name, title, category (from
PC section 11165.7),business/agency name
and address, daytime telephone number, and
today's date. Check yes/no whether the
mandated reporter witnessed the incident. The
signature area is for either the mandated
reporter or, if the report is telephoned in by the
mandated reporter, the person takingthe
telephoned report.
IV. INSTRUCTIONS (continued)
SECTION B – REPORT NOTIFICATION:
Complete the
name and address of the designated agency
notified, thedate/time of the phone call, and the
name, title, and telephone number of the official
contacted.
SECTION C – VICTIM (One Report per
Victim): Enter the victim's name, birthdate or
approximate age, sex, ethnicity, address,
telephone number, present location, and,
where applicable, enter the school, class
(indicate the teacher's name or room number),
and grade. List the primary language spoken in
the victim's home. Check the appropriate
yes/no box to indicate whether the victim may
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 337 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) have a developmental disability or physical
disability and specify any other apparent
disability. Check the appropriateyes/no box
to indicate whether the victim is in foster care,
and check the appropriate box to indicate the
type of care if the victim was in out-of-home
care. Check the appropriate box to indicate
the type of abuse. List the victim's
relationship to the suspect. Check the
appropriate yes/no box to indicate whether
photos of the injuries were taken.
Check the appropriate box to indicate whether
the incidentresulted in the victim's death.
SECTION D – INVOLVED PARTIES: Enter
the requested information for Victim's
Siblings, Victim's Parents/Guardians,and
Suspect. Attach extra sheet(s) if needed
(provide the requested information for each
individual on the attached sheet(s)).
SECTION E – INCIDENT INFORMATION: If
multiple
victims, indicate the number and submit a form
for each victim. Enter date/time and place of
the incident. Provide anarrative of the incident.
Attach extra sheet(s) if needed.
V. DISTRIBUTION
Reporting Party: After completing form BCIA
8572, retain acopy for your records and submit
copies to the designated agency.
Designated Agency: Within 36 hours of
receipt of form BCIA 8572, the initial designated
agency will send a copy of the completed form
to the district attorney and any additional
designated agencies in compliance with PC
sections 11166(j) and 11166(k).
1 Alaskan
Native
2 American
Indian
3 Asian
Indian
4 Black
5 Cambodian
6 Caribbean
7 Central
American
8 Chinese
9 Ethiopian
10 Filipino
11 Guamania
n
12 Hawaii
an
13 Hispani
c
14 Hmong
15 Japane
se
ETHNICITY CODES
16 Korean
17 Laotian
18 Mexican
19 Other Asian
21 Other Pacific
Islander
22 Polynesian
23 Samoan
24 South
American
25 Vietnames
e
26 White
27 White-Armenian
28 White-Central
American
29 White-European
30 White-Middle
Eastern
31 White-Roman
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 338 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Attachment 2:
Response to Report of Inappropriate or Suspicious
Conduct or Standards Violation
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 339 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) ADMINISTRATIVE INSTRUCTION III-5-12: ABUSE
PREVENTION
Report Regarding Suspicious or
Inappropriate Conductor Standards
Violation
1 Supervisor/Manager Signature Date
1 This form should be used only to report suspicious or inappropriate conduct or a standards violation that does not rise to the level of suspected child abuse or neglect. Suspected child abuse or neglect must be immediately reported by phone to the Department of Children and Family Services or the Santa Monica Police Department, followed within 36 hours by a written report California Department of Justice form BCIA 8572, Suspected Child Abuse Report
City-Managed Youth Program: Location of
Reported
Conduct:
Date and Time
of Reported
Conduct:
Reporting Party: Title:
Party Receiving Report: Title: Date and Time
ofReport:
Supervisor/Manager Assigned to
Respond toReport:
Title:
Description of Conduct Reported (include names of individuals engaging in conduct reported, namesof youth affected, and steps taken at time to stop reported conduct) (attach additional pages as needed):
Actions taken in Response to Conduct Reported (include any notification to parents, referral forinvestigation, counseling, or other corrective action) (attach additional pages as needed):
Docusign Envelope ID: C8793D61-5AD6-4D1B-A18B-A10A24690F6F
4.E.h
Packet Pg. 340 Attachment: SMBA Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
4.E.i
Packet Pg. 341
Attachment: Parker Anderson Oaks (7604 : Approval of Modifications to Recreational Services Agreements)
4.E.i
Packet Pg. 342
Attachment: Parker Anderson Oaks (7604 : Approval of Modifications to Recreational Services Agreements)
4.E.j
Packet Pg. 343
Attachment: Parker Anderson Levine (7604 : Approval of Modifications to Recreational Services Agreements)
4.E.j
Packet Pg. 344
Attachment: Parker Anderson Levine (7604 : Approval of Modifications to Recreational Services Agreements)
4.E.j
Packet Pg. 345
Attachment: Parker Anderson Levine (7604 : Approval of Modifications to Recreational Services Agreements)
4.E.j
Packet Pg. 346
Attachment: Parker Anderson Levine (7604 : Approval of Modifications to Recreational Services Agreements)
4.E.j
Packet Pg. 347
Attachment: Parker Anderson Levine (7604 : Approval of Modifications to Recreational Services Agreements) 1 Rev. November 2024
Agreement No. 5093
RECREATION AND ARTS 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 Parker Anderson Learning Centers, a Limited Liability Corporation (“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 Recreation and Arts 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, 2026, unless sooner terminated in accordance with Section 17. Should the parties mutually agree to renew this Agreement for up 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 be completed for each season or session where Services are requested by the City, and Contractor’s agreement to Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD 6/9/2025
4.E.k
Packet Pg. 348 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 2 Rev. November 2024
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.
2.5.1Cancellation 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.
2.5.2Cancellation 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: (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 Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 349 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 3 Rev. November 2024
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.
2.5.3Rescheduling. 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 Contractor, or City at City’s election, 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.
3.3 Contractor will bear the costs of complying with the Child Protection requirements set forth in this section.
3.4 Contractor agrees that the City may conduct scheduled or random audits of the Services to ensure compliance with this Section 3, and other requirements, that are specified and incorporated in this Agreement to protect children.
Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 350 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 4 Rev. November 2024
3.5 City, in its sole and complete discretion, may suspend or terminate this Agreement immediately if Contractor fails to comply with this Section 3, the Live Scan requirement pursuant to Section 12, or the Abuse Prevention Standards and Requirements as outlined in Exhibit D. City will provide Contractor with written notice of any suspension or termination under this section, which will be effectively immediately.
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 Fifty Thousand Dollars ($50,000). 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.
5.1Contractor 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.
5.2Contractor shall be responsible for obtaining, at Contractor’s sole expense, any business licenses, business tax registrations, and permits required to perform the Services.
5.3Contractor 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.
5.4Contractor 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.
6.1Contractor 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 Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 351 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 5 Rev. November 2024
Services, and failure to do so shall constitute a material breach of this Agreement.
6.2Contractor 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.
6.3Contractor represents that it maintains a business location that is separate from the location(s) where Contractor will provide Services.
6.4Contractor 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.
6.5Contractor 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:
7.1Non-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.
7.2Fair 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.
Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 352 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 6 Rev. November 2024
8. Permits And Licenses. Contractor shall comply with all applicable laws, regulations, ordinances, and statutes, and shall obtain and maintain, at 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.
10.1 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; (iii) claims by any persons or entities providing services, materials, equipment or supplies in connection with Contractor’s obligations under this Agreement; and (iv) any injury to persons or property including, without limitation, Contractor’s business or any loss of income therefrom, or other property of Contractor, Contractor’s officers, agents, employees, contractors, invitees, or customers, or any other person, or personal injury or death of Contractor, its officers, agents, employees, contractors, invitees, and customers. Contractor’s obligation to indemnify, defend and hold harmless shall exist regardless of the active or passive negligence of the City; however, Contractor shall have no obligation to indemnify, protect, defend or hold harmless where the claim arises from the sole and active negligence or willful misconduct of the City.
10.2 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.
11.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 Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 353 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 7 Rev. November 2024
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.
12.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.
13.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.
14.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.
15.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.
16.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 Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 354 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 8 Rev. November 2024
specifying the nature of the default and the steps necessary to cure the default, City may immediately terminate this Agreement by written notice.
17.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, Recreation and Arts
1685 Main Street, Room 210
Santa Monica, California 90401
with copies to:
Community Classes and Camps Program
Attn: Program Supervisor
1450 Ocean Ave
Santa Monica, CA 90401
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:
Parker Anderson Enrichement
16526 Arminta StreetVan Nuys, CA 91406
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.
18.Subcontractors.
18.1 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 preparing an estimated cost for the subcontractor services. The City, in its sole discretion, may grant or deny the request.
18.2 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 Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 355 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 9 Rev. November 2024
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. 5093 entered into between the City of Santa Monica and Contractor on^^____________________.
19.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.
19.1 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.
19.2 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.
19.3 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.
20.Governing Law. This Agreement has been made and shall be construed and interpreted in accordance with the laws of the State of California.
21.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.
22.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 Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD 6/9/2025
4.E.k
Packet Pg. 356 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 10 Rev. November 2024
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.
23.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.
24.Prohibition Against Transfers.
24.1 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, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
24.2 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.
25.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.
26.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.
27.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 document. 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 agreed that such electronic signature shall have the same force and effect as an original signature).
28.Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Schedule of Services and Payments
Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 357 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 11 Rev. November 2024
Exhibit B Class Schedule Commitment Forms
Exhibit C Insurance Requirements
Exhibit D Acknowledgment of Abuse Prevention Standards and Requirements
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
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ___________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ____________________________
Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD 6/9/2025
DOUGLAS SLOAN
City Attorney
Director of Operations
6/9/2025
Mara Lux
Elaine Polachek
Interim City Manager
6/9/2025
City Clerk
6/10/2025
Nikima Newsome
4.E.k
Packet Pg. 358 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit A
Schedule of Services and Payments
Contractor: Parker Anderson
Classes will be conducted in accordance with the following schedule of services and payments.
Class
Name
Base
Fee
per
Class
Meetin
g
% of Base
Fee Paid to
Contractor
Minimum
Enrollment
Maximum
Enrollment
Materials
Fee*
TBD TBD 60% 5 30 TBD
*Materials Fee Description: tennis racquets and tennis balls
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 $50,000. This total amount will include compensation paid to Contractor for the years that the parties mutually agree to renew this Agreement under the same terms and conditions.
Payments for Contractors teaching classes covering six (6) weeks or longer will be divided as follows: Half the payment will be issued midway through the session/season and the balance will be issued at the end of the session/season. Payment will be issued approximately two (2) weeks after each half is completed.
Payments for Contractors teaching classes covering less than a six (6) week period will be issued at the conclusion of the session/season.
Camp/mini-camp instructor 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: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 359 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit B
Class Schedule Commitment Forms
Session/Season: Summer 2025
Contractor: Parker Anderson
Classes will be conducted in accordance with the following schedule of dates, times and locations.
Class
Name/Level
Class
Type
Day Dates Class
Time
Location
TBD Youth TBD TBD TBD TBD
Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 360 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit C
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, volunteers, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Note – required only if Instructor has employees).
3. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or 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 Entity.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Instructor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
Other Insurance Provisions
Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 361 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) The general liability policy is to contain, or be endorsed to contain, the following provisions:
1. The Entity, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts or equipment furnished in connection with such work or operations.
2. For any claims related to this contract, the Instructor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, agents, and volunteers. This requirement shall also apply to any Excess or Umbrella liability policies.
3. The Insurance Company agrees to waive all rights of subrogation against the Entity, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Instructor for the Entity.
This provision also applies to the Instructor’s Workers’ Compensation policy.
4. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Umbrella or Excess Policy
The Instructor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Instructor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the Entity.
Verification of Coverage
Instructor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy
Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 362 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) .
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: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 363 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit D
Acknowledgment of Abuse Prevention Standards and
Requirements
I have read, understand, and agree to comply with all of the following, which are attached to this Exhibit D:
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.
Parker Anderson
#VENDOR
___________________________
_____________________________
Parker Anderson Learning Centers
Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD 6/9/2025
Director of Operations
4.E.k
Packet Pg. 364 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:
CODE OF CONDUCT FOR PROVIDING SERVICE
TO YOUTH
Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 365 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)
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 Citymanaged 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:
Staff understand that the City of Santa Monica has zero tolerance for abuse.
Staff will treat youth with dignity and respect.
Staff will treat youth fairly regardless of race, color, sex, sexual orientation, gender identity, genderexpression, ancestry, national-origin, religion, medical condition, or physical or mental disability.
Staff will ensure that youth are adequately supervised in accordance with recommendedsupervision ratios.
Staff will dress appropriately to the occasion, task, and company present.
Staff will seek guidance from a program supervisor if they are unsure about anything relating tothe conduct of Staff or youth.
Staff will not stare at or comment on youth bodies.
Staff will not date or engage in physical or romantic relationships with youth.
Staff will not use or be under the influence of alcohol or illegal drugs in the presence of youth or atany facility used to provide services to youth.
Staff will not have printed or online pornography in the presence of youth or at any facility used toprovide services to youth.
Staff will not have secrets with youth.
Staff will not give to any youth gifts, rewards, or incentives (including food) that are not programrelated.
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 Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 366 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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, afterthe 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.
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 phonecalls, 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.
Staff will not mistreat or bully youth in any way. In addition, Staff have an obligation to do allthey 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 Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 367 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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 non-verbal gestures, to harm another or convey a threat of harm to another. Verbal bullying can include: (i) teasing; (ii) namecalling; (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) friendshipmanipulation, 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, textmessages, 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 behaviorsthat 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.
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, Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 368 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) c. appropriate and inappropriate electronic communications with youth.
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 abuseand 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.
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 anyconduct in violation of City standards regarding physical interactions, verbal interactions, or electronic communications with youth, by other Staff, other adults, or other youth, to theirimmediate supervisor (or if the concerns relate to that supervisor, to the program manager, programadministrator, division manager, and/or department leadership) and/or the City’s anonymous ethicshotline at [email protected] or 844-4-SMETHIC.
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: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 369 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:
STANDARDS FOR CITY-MANAGED YOUTH PROGRAMS
Docusign Envelope ID: 5E31223B-4AB7-455B-897F-A35C68596DDD
4.E.k
Packet Pg. 370 Attachment: Parker Anderson Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Prevention Standards—