Agenda packet — Santa Monica City Council, April 28, 2026 (part 1 of 5)

City of Santa Monica
City Council Meeting
AGENDA

CAROLINE TOROSIS
MAYOR

ELLIS RASKIN JESSE ZWICK

COUNCILMEMBER MAYOR PRO TEM

DAN HALL BARRY SNELL

COUNCILMEMBER COUNCILMEMBER

LANA NEGRETE NATALYA ZERNITSKAYA

COUNCILMEMBER COUNCILMEMBER
OLIVER C. CHI

CITY MANAGER

HEIDI VON TONGELN

CITY ATTORNEY

DENISE ANDERSON-WARREN

INTERIM CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive
public process, and tools for forging sound decisions
• Hate has no place in Santa Monica. The City opposes
abusive or threatening hate speech, intolerance, or
dehumanization, and supports basic civil respect and
human decency.
• Listen to others respectfully;
• Exercise self-control;
• Give open-minded consideration
to all viewpoints;
• Focus on the issues and avoid
personalizing debate;
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 4/29/2026 12:31 PM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11663(CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. For written public comment submitted by 12:00 pm on the day of the meeting, best efforts shall be made to have them available online for viewing. Please note the agenda item number in the subject line of your written comments.
(2) Oral public comment.
- In-person: Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. - Telephone: Persons wishing to address the Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting. Showing electronic presentation materials are not permitted when commenting by telephone.

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item if speaking on multiple items. A member of the public may allocate time between items in one-minute increments up to 2 minutes and those requesting to speak on only one agendized item for the meeting may speak for up to 4 minutes on that one item. Except for noticed public hearings or quasi-judicial items, if more than 25 speakers are registered to speak during a public input section, the amount of time shall be reduced to 1 minute per speaker during that section.

Except for the author of the request, public comment on 15-items are limited to 1 minute.

Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Information regarding the Levine Act can be found here or you can contact the FPPC.

ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)

1. General Public Input
(Members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City and on Special
Agenda Items.)

2. Special Agenda Items (Commendations and
Proclamations presented).

3. Public Comment for Consent Calendar and Closed
Sessions Only.

4. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. No public comment is permitted on
second readings.)

5. Closed Sessions.

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

10. Ordinances:
• 1
st Reading
• 2
nd Reading (No public comment is
permitted on second readings.)

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

15. Written Communications (Other than
Reports of Commission and Officers.)

16. Councilmember Discussion Items.

Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 4/29/2026 12:31 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING
.CITY HALL COUNCIL CHAMBERS.
1685 MAIN STREET, ROOM 250, SANTA

MONICA, CA AND, A TELECONFERENCE
LOCATION IN WASHINGTON, DC 20001
TUESDAY, APRIL 28, 2026
MEETING BEGINS AT 5:30 PM (PDT) AND
A TELECONFERENCE SITE AT 8:30 PM (EDT)
The Santa Monica City Council Meeting will be held on Tuesday, April 28, 2026, at 5:30 P.M. (PDT) in the City Council Chambers, 1685 Main Street, Santa Monica, California 90401, and 8:30 P.M. (EDT) at a teleconference site located at Conrad Washington, D.C.

Hotel, 950 New York Avenue NW, Washington, DC 20001, where a Councilmember will be present and participating via teleconference.

HOW TO PROVIDE PUBLIC COMMENT BY TELEPHONE
Persons wishing to address the City Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting.

Donation of time and showing electronic presentation materials are not permitted when commenting by telephone.

CALL TO ORDER

PLEDGE OF ALLEGIANCE / LAND ACKNOWLEDGEMENT

ROLL CALL
City of Santa Monica Statement of Accountability (Land Acknowledgement) The City of Santa Monica is located on the land of Tovangaar. With great respect, the City acknowledges the Gabrieleño/Tongva as the First People of this ancestral and unceded territory of Kuruvungna, a village that we know as Santa Monica. We honor their elders, past and present, and the Gabrieleño descendants who are part of the Gabrieleño /Tongva tribes.

We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them.

The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.

City of Santa Monica Generated: 4/29/2026 12:31 PM Page 4

LEVINE ACT DISCLOSURES AND ANNOUNCEMENTS / PROCEDURAL

MOTIONS

1. GENERAL PUBLIC INPUT AND COMMENT ON SPECIAL AGENDA ITEMS (For regular meetings, public comment is permitted on Special Agenda Items and items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item. For special meetings, public input is limited to scheduled Special Agenda Items only.)

1.A. Written Comments

2. SPECIAL AGENDA ITEMS

2.A. Proclamation: Asian American, Native Hawaiian and Pacific Islander (AANHPI) Heritage Month

2.B. Proclamation: Historic Preservation Month

3. PUBLIC INPUT (ITEMS UNDER CONSENT CALENDAR AND CLOSED SESSION ONLY)

4. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents. No public discussion is permitted on ordinances for second reading and adoption.)

4.A. Authorization to Accept Grant from the Office of Community Oriented Policing Services FY25 Safer Outcomes: Enhancing De-Escalation and Crisis Response Training Grant Program
City of Santa Monica Generated: 4/29/2026 12:31 PM Page 5 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to accept a grant award in the amount of $486,760 from the 2025 Office of Community Oriented Policing Services (“COPS”) for Department of Justice projects in the Police Department and to accept all grant renewals;

3. Authorize the City Manager to execute all necessary documents to accept the grant and all subsequent grant modifications; and

4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).

4.B. Authorization of First Modification to Agreement #11510 with Burkhardt Custom for the Provision and Installation of Fencing and Gate Access Controls
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to execute a first modification to agreement #11510, in the amount of $520,000 with Burkhardt Custom (Burkhardt) for the provision and installation of fencing and gate access controls for the Public Works Department. This would result in the five-year term amended agreement with a new total amount not to exceed $1,000,000, with future year funding contingent on Council budget approval.

4.C. Award Bid #4512 to Brenntag Pacific, LLC, for the Purchase of 93% Sulfuric Acid for the Water Resources Division
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid # 4512 to Brenntag Pacific, LLC for the purchase of 93% Sulfuric Acid for the Public Works Department; and

3. Authorize the Procurement Manager to issue a purchase order with Brenntag Pacific, LLC for 93% Sulfuric Acid in the amount not to exceed $218,000 for one year, with four additional one-year renewal option(s) to extend on the same terms and conditions, for a total amount not to exceed $1,300,000, with future year funding contingent on Council budget approval.

4.D. Approval of the First Modification to Agreement #11326 (CCS) with Grace Environmental Services, Inc., for Operations, Maintenance, and Management Services (OMMS) at the Charnock Well Field
City of Santa Monica Generated: 4/29/2026 12:31 PM Page 6 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to execute a first modification to Agreement #11326 (CCS) in the amount of $850,000 with Grace Environmental, Inc. for operations, maintenance, and management services (OMMS) at Charnock Well Field for the Public Works Department, resulting in an amended agreement with a new total amount not to exceed $3,350,000, with future year funding contingent on Council budget approval.

4.E. Approval of Modifications to Recreational Services Agreements To Provide Revenue Supported Community Classes and Instruction for the Recreation and Arts Department
Recommended Action
Staff Recommends that the City Council

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to execute a first modification to agreement #5092 in the amount of $250,000 with Damian Mooney, to provide tennis instruction. This will result in a two-year amended agreement for a new total amount not to exceed $500,000; and,

3. Authorize the City Manager to execute a first modification to agreement #5116 in the amount of $250,000 with Peter Fox, to provide tennis instruction.

This will result in a two-year amended agreement for a new total amount not to exceed $500,000;

4. Authorize the City Manager to execute a first modification to agreement #5099 in the amount of $250,000 with Richard Goldenson, to provide tennis instruction. This will result in a two-year amended agreement for a new total amount not to exceed $500,000.

5. Authorize the City Manager to execute a first modification to agreement #5098 in the amount of $250,000 with SMBA, to provide youth sports instruction. This will result in a two-year amended agreement for a new total amount not to exceed $500,000.

6. Authorize the City Manager to execute a first modification to agreement #5093 in the amount of $250,000 with Parker Anderson, to provide enrichment camps and classes. This will result in a two-year amended agreement for a new total amount not to exceed $500,000.

4.F. Approve Modification to Grant Agreement with Chrysalis #11427 to Increase Transitional Employment Services for the Public Works Department City of Santa Monica Generated: 4/29/2026 12:31 PM Page 7 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to execute a first modification to grant agreement #11427 (CCS) in an amount of $490,416 with Chrysalis for increased transitional employment services for the Public Works Department. This will result in a new total amount not to exceed $1,635,060, with future year funding contingent on Council budget approval.

4.G. Award Bid #4514 to Clean Earth Environmental Solutions, Inc. for Sewer Diversion Unit Cleaning and Hazardous Waste Disposal for the Water Resources Division - New Item Received. 4/24/2026
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid # 4514 to Clean Earth Environmental Solutions, Inc. for sewer diversion unit cleaning and hazardous waste disposal for the Public Works Department; and

3. Authorize the City Manager to execute an agreement with Clean Earth Environmental Solutions, Inc, in an amount not to exceed $2,000,000 over a 5-year period, with future year funding contingent on Council budget approval.

4.H. Authorization to Accept the 2025 USDA Farmers Market Promotion Program (FMPP) - New Item Received. 4/24/2026
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to accept a grant awarded in the amount of $85,526.65 from the United States Department of Agriculture (USDA) and to accept all subsequent grant renewals;

3. Authorize the City Manager to execute all necessary documents to accept the grant, grant renewals, and modifications; and

4. Authorize budget amendment as outlined in the Financial Impacts & Budget Actions section of this report. (requires 5 votes)

4.I. Approval of Lease Agreement with California Roadhouse, Inc. for 256 Santa Monica Pier - New Item Received. 4/24/2026
City of Santa Monica Generated: 4/29/2026 12:31 PM Page 8 Recommended Action
Staff recommends that City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines

2. Authorize the City Manager to negotiate and execute a Lease Agreement with California Roadhouse, Inc. for 256 Santa Monica Pier.

4.J. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Amending Santa Monica Municipal Code Chapter 13.02, Property Maintenance, to Include Conditions Which Render a Dwelling Unit Untenantable Under California Civil Code Section 1941.1 as Violations of the Santa Monica Municipal Code - New Item Received. 4/24/2026 Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.K. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Amending the Text of the Zoning Ordinance Related to Projects Consisting of Duplexes and Lot Splits on Parcels Zoned for SingleUnit Residential - New Item Received. 4/24/2026 Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.L. Second Reading and Adoption of an Ordinance Amending Chapters 4.08 (Disorderly Conduct, Nuisances, Etc.), 4.12 (Noise), 4.55 (Park and Beach Code), 4.68 (Community Events), 6.112 (Street Performers), and 9.61 (Signs) to Facilitate Major Special Events - New Item Received. 4/24/2026 Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.M. City Council - Regular and Special Meeting - Apr 14, 2026 5:30 PM - New Item Received. 4/24/2026

5. CLOSED SESSIONS

5.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

John U.N.B. Doe, et al. v. City, et al.; LASC # 23STCV12746; John Doe 1, et al. v. City, et al.; LASC # 23STCV15009; Hector Orozco v. John Doe: Does 1-2; LASC # 23SMCV03120; John JPC Doe v. Doe City, et al.; LASC # 23STCV22020; John AD Doe, et al. v. City, et al.; LASC # 23STCV26548; John CW Doe, et al. v. City, et al.; LASC # 23STCV29623; John Doe (A.G.) v.

Santa Monica Police Activities League, et al; LASC # 23SMCV06066; John GA DOE, et al. v.

City, et al.; LASC # 24STCV06484; John U.L.W. Doe, et al. v. City, et al.; LASC # 24STCV06768; Joseph Garcia v. Santa Monica Police Activities League, et al.; LASC # 24SMCV01368; John Doe 15, et al. v. City, et al.; LASC # 24STCV07647; John Doe 18, et al. v. City, et al.; LASC # 24STCV0239; John RR Doe, et al. v. City, et al.; LASC # 24STCV09398; John Doe 33, et al. v.

City, et al.; LASC # 24STCV15580; John Doe 48 v. City, et al.; LASC # 24STCV15420; John Doe City of Santa Monica Generated: 4/29/2026 12:31 PM Page 9 49 v. City, et al.; LASC # 24STCV19296; John DD Doe v. City, et al.; LASC # 24SMCV04421; Jane EB Doe, et al. v. City, et al.; LASC # 24STCV24146; John Doe (V.D.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05049; John Doe (D.F.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05050; John Doe (D.G.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV05051; Jane Doe 13, et al. v. City, et al.; LASC # 24STCV27233; John AM Doe, et al. v. City, et al.; LASC # 24STCV28433; John Doe v. City, et al.; LASC # 24SMCV05527; John Doe 53 v. City, et al.; LASC # 24STCV31763; John Doe (Y.M.) v. Santa Monica Police Activities League, et al.; LASC # 24SMCV06355; Jane Doe 16, et al. v. a Public Entity, et al.; LASC # 25STCV02235; John Doe 62, et al. v. City, et al.; LASC # 25STCV04414; John Doe 23 v. City, et al.; LASC # 25STCV05850; John Doe (E.B.) v. Santa Monica Police Activities League, et al.; LASC # 25STCV06354; Jane PB Doe, et al. v. City, et al.; LASC # 25STCV06880; John Doe 67 v. City, et al.; LASC # 25STCV10142; John Doe 68 v.

City, et al.; LASC # 25STCV12089; John Doe 69, et al. v. City, et al.; LASC # 25STCV14031; John OR Doe, et al. v. City, et al.; LASC # 25STCV16251; John RD Doe, et al. v. City, et al.; LASC # 25STCV24158 - New Item Received. 4/24/2026

5.B. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

City v. ICSOP, et al.; OCSC # 30-2022-01261243 - New Item Received. 4/24/2026

5.C. Conference with legal counsel - significant exposure to litigation - Gov. Code § 54956.9(d)(2) - 1 case - New Item Received. 4/24/2026

5.D. Conference with real estate negotiator – Gov. Code § 54956.8: properties: 200 Santa Monica Pier, Santa Monica, CA, Sandbox South (approximately 85,000 square feet of sand area south of the Santa Monica Pier to Acadia Terrace and bordered by the beach bike on the east to the Pacific Ocean on the west), Beach Parking Lots (1 South, 1SA and 2S); City of Santa Monica; City negotiator: Oliver Chi, City Manager; parties to negotiate with: US Olympic and Paralympic Committee; under negotiation: price and terms of payment for license - New Item Received. 4/24/2026

5.E. Conference with real estate negotiator – Gov. Code § 54956.8: properties: 1450 Ocean Avenue, Santa Monica, CA Camera Obscura and all exterior grass areas immediately adjacent to the building to the north and west; City of Santa Monica; City negotiator: Oliver Chi, City Manager; parties to negotiate with:

Swiss Federal Government/Federal Department of Foreign Affairs (House of Switzerland); under negotiation: price and terms of payment for license - New Item Received. 4/24/2026

5.F. Conference with real estate negotiator – Gov. Code § 54956.8: properties: 1450 Ocean Avenue, Santa Monica, CA Camera Obscura; City of Santa Monica; City negotiator: Oliver Chi, City Manager; parties to negotiate with: British Olympic Association (Team GB); under negotiation: price and terms of payment for license - New Item Received. 4/24/2026
City of Santa Monica Generated: 4/29/2026 12:31 PM Page 10

5.G. Conference with real estate negotiator – Gov. Code § 54956.8: properties: 200 Santa Monica Pier, Santa Monica, CA, Sandbox South (approximately 400,000 square feet of sand area south of the Santa Monica Pier to Parking Lot 3S and bordered by the beach bike on the east to the Pacific Ocean on the west), Beach Parking Lots (1 South and 3 South); City of Santa Monica; City negotiator: Oliver Chi, City Manager; parties to negotiate with: ESPN; under negotiation: price and terms of payment for license. - New Item Received. 4/24/2026

5.H. Conference with real estate negotiator – Gov. Code § 54956.8: property:

Sandbox North (approximately 50,000 square feet of sand area north of the Beach Bike Path/Lot 1 North to Lifeguard Tower 13 and bordered by the beach bike on the east to the Pacific Ocean on the west); City of Santa Monica; City negotiator: Oliver Chi, City Manager; parties to negotiate with: The Living Library of Nature, Inc. (Island of Songs); under negotiation: price and terms of payment for license - New Item Received. 4/24/2026

CITY MANAGER REPORT

TRAVEL ANNOUNCEMENT AND MAYOR'S HIGHLIGHT

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 12-Items will be heard at the time when the Public Hearing is called.

7. STUDY SESSION
No items

8. CONTINUED ITEMS
No items

9. ADMINISTRATIVE PROCEEDINGS
No items

10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
No items

11. STAFF ADMINISTRATIVE ITEMS
City of Santa Monica Generated: 4/29/2026 12:31 PM Page 11

11.A. Overview of Implementation Options for Senate Bill 79 and Adoption of a Resolution of Intention to Direct the Planning Commission to Initiate the Process of Amending the Text of the Zoning Ordinance to Implement Senate Bill (SB) 79 - New Item Received. 4/24/2026
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant environmental effects pursuant to Section 15061(b)(3) (Common Sense Exemption);

2. Direct staff to implement Approach 2 and Approach 3 as shown in Table 2 of the staff report; and

3. Adopt a Resolution of Intention Directing the Planning Commission to Initiate the Process of Amending the Text of the Zoning Ordinance to Implement Senate Bill 79.

12. PUBLIC HEARINGS

12.A. Public Hearing and Approval of the Proposed 2026-27 Annual Action Plan Allocating Federal Community Development Block (CDBG) and HOME Investment Partnerships Act Program (HOME) Funds
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Hold a public hearing to receive input on the Proposed 2026-27 Annual Action Plan for Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) funds (Attachment A);

3. Approve the Proposed 2026-27 Annual Action Plan; and

4. Authorize the City Manager to submit all necessary documents required to receive the City’s annual allocation of CDBG and HOME entitlement funds to the U.S. Department of Housing and Urban Development (HUD).

12.B. Public Hearing and Adoption of Resolution to Rename a Portion of Vicente Terrace as Silas White Street - New Item Received. 4/24/2026 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Conduct a public hearing and adopt the attached resolution to rename a portion of Vicente Terrace—between Main Street and Ocean Avenue, that does not include any mailing addresses—as Silas White Street.

13. REPORTS OF BOARDS AND COMMISSIONS

13.A. Planning Commission Recommendation Regarding Senate Bill (SB) 79 Implementation - New Item Received. 4/24/2026
City of Santa Monica Generated: 4/29/2026 12:31 PM Page 12

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Appointment to one scheduled vacancy on the Building & Fire-Life Safety Commission for a term ending on June 30, 2028. (Continued from 04/14/2026) - New Item Received. 4/24/2026

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 12 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $500 to an officer of the City within the preceding 12 months.

City Hall and the Council Chambers are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

Santa Monica Blue Bus Lines #1, #2, #3, #5, #9 and the EXPO Line serve City Hall.

Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: April 28, 2026
Agenda Item: 1.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, Interim City Clerk, Records and Election Services Department
Subject: Written Comments
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Written Comments

1.A
Packet Pg. 13
1 David Yakobson
From: Mark Smith <[email protected]>
Sent: Tuesday, April 28, 2026 11:46 AM
To: councilmtgitems
Subject: Concerns Regarding Non-Compliance with RFP Process for Santa Monica Airport Conversion Study
Follow Up Flag: Follow up
Flag Status: Completed

EXTERNAL
Dear Mayor, Councilmembers, and City Manager,
On behalf of the Santa Monica Airport Association, we write to express our serious concerns regarding the airport conversion process conducted by Sasaki Associates, Inc. (“Sasaki”), and the City’s administration of that process. Based on our review of the Request for Proposals (“RFP”), supporting materials, and the process as executed to date, we believe the effort materially deviated from the requirements and intent outlined by the City. As a result, the outcomes presented to Council thus far do not accurately reflect the preferences of Santa Monica residents nor the economic realities facing the City. We are submitting this letter in advance of the next meeting where the airport topic appears on the Council agenda to allow time for these issues to be addressed, so that you can make an informed decision on the next steps.

We respectfully highlight the following key issues:

1. Lack of Multiple Scenarios with Economic Feasibility Analysis The RFP explicitly contemplated the development and evaluation of multiple scenarios, including associated economic feasibility analysis, to inform decision-making.

This did not occur.

Rather than presenting three distinct scenarios with clear financial implications, the City Council was ultimately asked to consider a single preferred concept without any accompanying economic feasibility analysis. This deprived Council—and the public—of the ability to evaluate tradeoffs, risks, and long-term fiscal impacts. This is especially egregious as the City’s staff, and members of the City Council, raised significant financial feasibility issues at the January 25, 2023 meeting when this process began.

Given the City’s fiscal challenges, proceeding without a clear understanding of capital costs, operating costs, revenue implications, and funding mechanisms is deeply concerning. Major land-use decisions of this magnitude require rigorous financial analysis, not conceptual planning alone.

2. Failure to Implement the Democratic Lottery Process
The RFP contemplated a broad and representative community engagement process, including the use of a democratic lottery system to ensure participation from a cross-section of Santa Monica residents.

This process was not executed. In fact, the previously elected Council voted to eliminate this part of the process despite it being recommended by the City’s staff. You now have an opportunity to reinstate this good idea.

Item 1
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Attachment: Written Comments [Revision 2] (7702 : Written Comments) 2 Instead of using a democratic lottery to sample everyone who lives in Santa Monica, participation was largely self-selected, resulting in a group disproportionately composed of individuals already predisposed toward a park-only outcome. This approach does not meet the RFP’s stated objective of capturing a representative range of community perspectives.

As a point of reference, an independent poll conducted in September 2025 by Fairbank, Maslin, Maullin, Metz & Associates (“FM3”) concluded that approximately 67% of Santa Monica voters support keeping the airport open. While no single data source is definitive, this finding strongly suggests that the process failed to capture the views of a substantial portion of the community. FM3 is a highly reputable polling firm often hired by the City.

3. Exclusion of Ongoing Aviation Use from Consideration City-issued materials, including the RFQ/RFP and subsequent addenda, explicitly indicated that a full range of alternatives—including continued aviation use—would be explored.

Despite this, ongoing aviation use was excluded from consideration throughout the process.

This exclusion occurred notwithstanding substantial public input—both at in-person events and through surveys—indicating meaningful interest in retaining some form of aviation use at the site. By omitting this option, the process failed to align with the City’s own stated scope and limited the range of outcomes presented to decision-makers.

Additionally, the circumstances at the airport have changed since this process began. JSX began relatively low cost scheduled charter operations in December 2025 – and even prior to that launch, JSX had thousands of Santa Monica residents as customers. The airport is now, perhaps more than ever, even more of an irreplaceable asset open to and usable by the entire community. JSX has electric aircraft on order and intends on operating those at Santa Monica Airport as soon as they are certified in the next few years.

Conclusion
Taken together, these issues represent significant departures from the process outlined in the RFP. The result is a set of recommendations that:
 Do not reflect a representative cross-section of Santa Monica residents  Do not provide the economic analysis necessary for informed decision-making  Do not consider the full range of viable land-use alternatives We respectfully urge the City Council and City Manager to:

1. Acknowledge these process deficiencies

2. Revisit the scope and structure of the airport conversion study

3. Ensure that any future work complies fully with the original RFP intent, including:
o Representative community engagement
o Evaluation of multiple scenarios
o Comprehensive economic feasibility analysis
o Inclusion of all viable land-use options, including aviation The future of the Santa Monica Airport site is one of the most consequential decisions facing our City. It is essential that this decision be grounded in a process that is transparent, inclusive, and analytically rigorous.

We appreciate your attention to this matter and welcome the opportunity to engage constructively as this process moves forward.

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Attachment: Written Comments [Revision 2] (7702 : Written Comments) 3 Respectfully,
Santa Monica Airport Association
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Attachment: Written Comments [Revision 2] (7702 : Written Comments) 1 David Yakobson
From: Cesar Estrada <[email protected]>
Sent: Sunday, April 26, 2026 12:00 PM
To: Caroline Torosis; Santa Monica Airport Conversion; [email protected] Cc: Spirit of Santa Monica; Lizzy Acosta; Sandra Santiago; Clerk Mailbox Subject: Santa Monica Airport Video Testimonial

EXTERNAL
Save Santa Monica Airport,
Santa Monica Airport (SMO) is at a critical juncture and in urgent need of renewed public attention and support. This municipal airport is facing significant challenges and deterioration, and without meaningful action, its future as a public aviation facility is at risk.

The importance of SMO extends well beyond the immediate surrounding community. While residents are naturally stakeholders, the airport also serves individuals and organizations found many miles outside the Santa Monica area. As such, its preservation should involve not only nearby community members but also the broader public who rely on and value this regional asset.

In response to these concerns, I respectfully propose collaborating with your organization to create a documentary that accurately presents the historical significance, public value, and current condition of Santa Monica Airport. This documentary would serve as an educational and advocacy tool, intended to inform a wider audience and foster constructive dialogue about the airport’s future.

Additionally, I wish to contribute this effort to a comprehensive proposal that moves beyond an either-or approach. Rather than viewing the airport and surrounding green space as mutually exclusive, it is possible—and beneficial—to pursue a vision that includes both a public park and a functioning municipal airport. Such a balanced approach would best serve the community while preserving an important public resource.

Preserving Santa Monica Airport is not merely a local issue; it is a matter of safeguarding infrastructure, history, and access that belong to the public at large.

Respectfully,
Cesar Estrada
All American War Veterans
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Attachment: Written Comments [Revision 2] (7702 : Written Comments) 2 David Yakobson
From: Lindsey Lincoln <[email protected]>
Sent: Tuesday, April 21, 2026 6:01 PM
To: councilmtgitems
Subject: Letter of Support | SMBGC x Waymo
Attachments: SMBGC Letter of Support - Waymo - 2026.pdf

EXTERNAL
Attaching a letter of support from Boys & Girls Clubs of Santa Monica on behalf of Waymo.

Lindsey Lincoln
Director of Marketing & Communications
Boys & Girls Clubs of Santa Monica
1220 Lincoln Blvd, Santa Monica, CA
90401
T: 406.781.6636
Make a difference for local kids at smbgc.org!
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Attachment: Written Comments [Revision 2] (7702 : Written Comments) 1220 Lincoln Blvd, Santa Monica 90401
smbgc.org | [email protected] | 310.361.8500

WEST LA’S KID EXPERTS FOR OVER 80 YEARS
Boys & Girls Clubs of Santa Monica
1220 Lincoln Blvd
Santa Monica, CA 90401
RE: Partnership for Kids & Teens in Santa Monica
To Whom it May Concern,
Boys & Girls Clubs of Santa Monica (SMBGC) provides essential programs and services to more than 4,000 children across 11 Club locations, predominately in the City of Santa Monica.

Our mission is to empower all youth to realize their full potential as productive, caring, and responsible citizens and we envision a future where kids cultivate physical and emotional well-being, achieve success in their academic and professional pursuits, gain self-sufficiency and confidence, and emerge as leaders within their communities.

As part of our work, we leverage the support of various partners, including corporate partners.

In December 2025, we collaborated to host the Santa Cruise Toy Drive at City Hall. At the event, nearly 1,000 community members came together to donate more than 100 toys, providing many Santa Monica children with a significantly brighter holiday season. Additionally, Waymo's monetary support of the drive supported over 600 kids.

In February 2026, Waymo invested in leadership for local teens through support of our Youth of the Year competition.

I am writing to express my support for Waymo’s community relations efforts and operations in Santa Monica. Waymo represents our community’s commitment to innovation and creativity. Waymo has a proven track record of being safer around pedestrians, cyclists, and vulnerable road users compared to human drivers.

SMBGC is proud to partner with Waymo and acknowledge their critical support of local youth programs.

Our partnership serves as a powerful testament to the meaningful results that can be reached when local organizations and partners work together for the benefit of the community.

Sincerely,
Brynja Seagren
CEO
Boys & Girls Clubs of Santa Monica
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Attachment: Written Comments [Revision 2] (7702 : Written Comments) 1 David Yakobson
From: Non <[email protected]>
Sent: Thursday, April 23, 2026 6:10 PM
Subject: IOIDA BLACKLEY IS STEALING FROM SAMO RESIDENTS

EXTERNAL
look at the illiterate response i received from them - clearly they didn't read one word of the complaint here's more proof of their corruption - look at how long it took for them to respond. santa monica government is corrupt and steals from taxpayers On Thursday, April 23, 2026 at 01:25:06 PM PDT, Compass <[email protected]> wrote:

Dear customer,
Please accept our sincerest apology for your recent experience. We would like to look into this matter further but need additional information. Before we can proceed with an internal inquiry, we need to identify the vehicle and Operator involved. Any details you may recall and share with us will be extremely helpful. Would you kindly report and/or confirm the following information?
Date:

Time:

Route:

Direction of travel:

Stop location (i.e. cross streets) where you boarded/disembarked:
4-Digit bus number:

Operator ID number:

Description of Operator:

Please use the "Reply All" feature to ensure we get your response. Please submit your response by April 30, 2025, at 12:00 pm. If we do not receive your response by the stated date and time, your incident report will be closed out.

Thank you,
Community Engagement & Customer Experience
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Attachment: Written Comments [Revision 2] (7702 : Written Comments) 2 Big Blue Bus

Ref:MSG2356606_mXo5ycX9Em6eiL93YNox
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Attachment: Written Comments [Revision 2] (7702 : Written Comments) 1 David Yakobson
From: John Alle <[email protected]>
Sent: Tuesday, April 28, 2026 9:04 AM
To: The Santa Monica Coalition
Subject: POLICE ACADEMY

EXTERNAL
CHIEF OF POLICE DARRICK JACOB: "72% of our arrests are DRUG and HOMELESS related."
Insta
https://www.instagram.com/reel/DXpXZr3grRN/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/yfbIZJbDsP4
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Attachment: Written Comments [Revision 2] (7702 : Written Comments) 2 David Yakobson
From: Angela D. Scott <[email protected]>
Sent: Tuesday, April 28, 2026 8:28 AM
To: Caroline Torosis; Dan Hall; Jesse Zwick; Ellis Raskin; Lana Negrete; Natalya Zernitskaya; Barry Snell; Oliver Chi; councilmtgitems
Subject: Request Funds to Support Samohi BSU Rites of Passage - Public Comment

EXTERNAL
Dear Mayor Torosis, Mayor Pro-Tem Zwick, Councilmembers, and City Manager Chi.

My name is Angela D. Scott, and I write to you as a Santa Monica resident, mother of three, and longstanding advocate for educational equity and student leadership in our community.

I want to begin by expressing my sincere gratitude for the City Council’s past support of the Santa Monica High School Black Student Union. Over the past three years, your investment of $18,000 has directly impacted 82 students—providing access to regional and state leadership conferences and creating opportunities that many of these students would not have otherwise experienced.

That investment has made a measurable difference.

But beyond the numbers, it has also helped sustain one of the most meaningful traditions for our students: the Black Student Union Rites of Passage Ceremony.

This ceremony is more than an event. It is a powerful moment of recognition and affirmation. Students are honored with Kente cloth stoles, celebrated with cultural traditions including African drumming, and surrounded by their families and community as they prepare to transition into adulthood.

For many students, this is the first time they feel fully seen, valued, and celebrated in an academic setting.

These moments matter. They shape identity, confidence, and a sense of belonging that carries forward into college, careers, and community leadership.

However, this work is ongoing—and it requires continued partnership.

I respectfully request $5,000 in support of this year’s Rites of Passage Ceremony to ensure that the next class of graduating students receives the same opportunity to be uplifted, affirmed, and celebrated.

Your past support has already demonstrated the impact of this investment. With your continued commitment, we can sustain and strengthen this important tradition for years to come.

Thank you for your leadership and for your continued investment in the students and future of Santa Monica.

Warmest,
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Attachment: Written Comments [Revision 2] (7702 : Written Comments) 3 Angela
Angela D. Scott (she/her), MBA/V, Certified ScrumMaster® Candidate, Doctor of Education, Ed.D.

Organizational Change and Leadership
"You don't make progress by standing on the sidelines, whimpering and complaining. You make progress by implementing ideas." - Shirley Chisholm
I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.

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Attachment: Written Comments [Revision 2] (7702 : Written Comments) 1 David Yakobson
From: joe delaplaine <[email protected]>
Sent: Tuesday, April 28, 2026 1:04 PM
To: councilmtgitems
Cc: Janet Gollery McKeithen; ANGELA D SCOTT SM racial justice & Dem party SM; Robbie Jones SM Black comm racial justice police reform, tours Subject: Keep DEI in SM

EXTERNAL
To the Santa Monica City Council, we urge you to please keep DEI as a funded department & continue moving forward with the work of locals like those in the Committee for Racial Justice.

As a 30 year resident, our Black community deserves our INCREASED solidarity & support, not anything less, especially from City leadership. Racism & its legal legacy remain the greatest threats we face in this city & ones we must, collectively, work to address & defeat, together.

Funding, immediate action from council members, & how you spend our City budget must reflect your commitment to supporting representation, equity, inclusion & diversity, as opposed to maximizing tourism and/or prioritizing increased corporate tax revenue streams.

We appreciate your immediate attention to this matter.

Thanks,
Joe Delaplaine
643 Grant St, #E, Santa Monica, CA 90405
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Attachment: Written Comments [Revision 2] (7702 : Written Comments) SMO
Santa Monica City Counsel Presentation
4/28/2026
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Attachment: Written Comments [Revision 2] (7702 : Written In 2025 versus 2024
Training Flights at SMO
more than DOUBLED
And the trend is continuing in 2026
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Attachment: Written Comments [Revision 2] (7702 : Written You already know this…
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Attachment: Written Comments [Revision 2] (7702 : Written 24 Training Flights over my house in just over 1 hour
● Monday, April 27, 2026
● Minutes: 74 (7:56am - 9:10am)
● Planes: 3
● Operations: 7 (decieving number)
● Loops: 24
● Loops per Hour: 19.5
● 1 Loop Every 3 minutes
1 plane. 1 Operation. 5 Loops.
5 Takeoffs. 5 Landings. 28 Min.

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Attachment: Written Comments [Revision 2] (7702 : Written 3 Planes in same Touch & Go Training “Loop” pattern
● Plane 1 - on it’s 4th Loop
● Plane 2 - on its 2nd Loop
● Plane 3 - on it’s 1st Loop
● Loop takes 5 minutes
● Plane every 1.5 minutes
● Avg 3.5 Loops per Operation
1 2
3 Flight overhead Every

1.5 minutes
for 20 minutes
*
*
My Home
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Attachment: Written Comments [Revision 2] (7702 : Written *
50 55
60 60
65 50
40 35
● 30 dBA is typical ambient. ● 50 dBA’s very quickly. ● Builds to 65 dBA’s. ● Between 60 and 65 for 30 sec. ● Slowly decreases. ● Total time impacted = 1.5 min ● Then next plane starts. dBA’s at my house
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Attachment: Written Comments [Revision 2] (7702 : Written 10 min
Over 60 dBA for 30 seconds every 3 minutes
20 min 30 min 40 min 50 min 60 min
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Attachment: Written Comments [Revision 2] (7702 : Written 80 70
60 50
40 30
dBA
Ambient
5 x per Day
3 x per Day
100 x per Day
200+ x per Day
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Attachment: Written Comments [Revision 2] (7702 : Written 5,000 to 15,000 residents effected at this level
● Only a few dozen trainees benefiting
● No commercial or economic value
● No benefit to community
● HUGE POLLUTION AND NOISE PROBLEM FOR COMMUNITY
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Attachment: Written Comments [Revision 2] (7702 : Written Residents are greatly effected
The U.S. EPA says noise degrades quality of life by impairing communication and social interaction; reducing the accuracy of work, particularly complex tasks; and creating stressful levels of frustration and aggravation that last even when the noise has ceased.

Sacramento's city code states "Every person in the city is entitled to live in an environment free from excessive, unnecessary or offensive noise levels."
The World Health Organization recommends general daytime outdoor noise levels of 55 dBA or less, but 45 dBA to meet sleep criteria. Thus, 65-decibels would be 100 times too loud.

CO2 emitted from SMO training flights (1,200 kg) per day would require 42 trees be planted EVERY DAY (tree = 20 kg CO2 in its lifetime)
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Attachment: Written Comments [Revision 2] (7702 : Written I am greatly effected
● Interrupted work phone calls and Zoom meetings - unacceptable for my work. ● Interrupted socializing/talking to my family and neighbors. ● Disrupted coaching at Penmar and other teaching environments (Walgrove Elementary)
● Physchologially
○ Annoyed
○ Anxious. On-edge, not relaxed
○ Exhausted
○ Frustrated
○ Angry
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Attachment: Written Comments [Revision 2] (7702 : Written What you CAN NOT do
Because of federal law:
● Ban flights outright
● Unilaterally change flight paths
● Impose strict noise limits on aircraft in flight
That authority sits with the Federal Aviation Administration.

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Attachment: Written Comments [Revision 2] (7702 : Written What you CAN do
Restrict flight training operations
● Limit touch-and-go training operations (the repetitive loops) ● Restrict training during certain hours
● Cap the number of operations per hour/day
Even small limits here would be huge:
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Attachment: Written Comments [Revision 2] (7702 : Written What you CAN do
● Since training drives repetition
○ Limit the number or type of flight schools.
○ restrict leases or operations at the airport for Flight Training. ○ reduce the number of training operators.
○ limit high-frequency training aircraft.

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Attachment: Written Comments [Revision 2] (7702 : Written What you CAN do
Set stricter operational hours ● Later start times (e.g., no early morning training) ● Earlier evening cutoffs for training ● No training flights on Sundays Even modest changes make a huge difference.

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Attachment: Written Comments [Revision 2] (7702 : Written What you CAN do
Fund Sound Insulation Programs (effective indoors)
● window upgrades
● insulation improvements for bedroom or home offices
These can reduce indoor noise 10–20 dB, which is substantial.

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Attachment: Written Comments [Revision 2] (7702 : Written World Cup and Olympic’s Implications
Santa Monica
● Hub for Visitor Experiences and Cultural
Events
● Fan Activation Events
● International Hospitality Houses
Venice
● First Medal Ceremony
● Triathalon
● Marathon
● Road Cycling
Concerns
● Security?
● Helicopters?
● Advertising
Banner flights?
● Disruptive Noise
and Distration?
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Attachment: Written Comments [Revision 2] (7702 : Written Please prioritize this problem and ACT NOW
● THOUSANDS ARE BEING HARMED
● 2 years is too long to wait
● Stop ignoring the health and hapiness of thousands for the benefit of very few.
● Its the neighborly thing to do. Its the Cities responsibility. ● Prevent neighborly and community discord and dysfunction.

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Attachment: Written Comments [Revision 2] (7702 : Written City Council
Report
City Council Meeting: April 28, 2026
Agenda Item: 2.A
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To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Subject: Proclamation: Asian American, Native Hawaiian and Pacific Islander (AANHPI) Heritage Month
Prepared By: Amy Larkin, Staff Assistant III
Approved Forwarded to Council

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City Council
Report
City Council Meeting: April 28, 2026
Agenda Item: 2.B
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To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Subject: Proclamation: Historic Preservation Month
Prepared By: Amy Larkin, Staff Assistant III
Approved Forwarded to Council

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City Council
Report
City Council Meeting: April 28, 2026
Agenda Item: 4.A
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To: Mayor and City Council
From: Darrick Jacob, Police Chief, Police Department
Subject: Authorization to Accept Grant from the Office of Community Oriented Policing Services FY25 Safer Outcomes: Enhancing De-Escalation and Crisis Response Training Grant Program
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

3. Authorize the City Manager to execute all necessary documents to accept the grant and all subsequent grant modifications; and

4. Authorize budget changes as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).

Summary
The Federal government allocates grant funding to enhance state, local, territorial, and tribal law enforcement agencies with resources to secure, deliver, and assess quality de-escalation and crisis response training. In the COPS 2025 grant cycle, $486,760 was awarded to the Santa Monica Police Department as part of the U.S. Department of Justice, Office of Community Oriented Policing Services Safer Outcomes: Enhancing De-Escalation and Crisis Response Training for Law Enforcement Grant. Staff recommends that the Council accepts the COPS 2025 grant funds and authorizes the

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execution of an agreement with the Department of Justice for a performance period of October 1, 2025, to July 31, 2027.

Consistent with prior Council direction and authorization, the City joined a lawsuit challenging certain grant conditions that generally required cooperation with Federal agencies on immigration enforcement, prohibited operation of diversity equity and inclusion programs, and otherwise required compliance with Presidential Memoranda and Executive Orders by the President. On March 25, 2026, the court formally prohibited the Department of Justice from imposing the challenged conditions on Santa Monica pending the outcome of the litigation. Therefore, the challenged conditions will not apply to the City’s receipt of this grant.

Discussion
The Safer Outcomes: Enhancing De-Escalation and Crisis Response Training for Law Enforcement COPS program seeks to promote safe outcomes during police encounters with persons in crisis through relevant training. The Safer Outcomes program expands access to quality training on de-escalation and crisis response strategies for law enforcement officers, support personnel employed by law enforcement agencies, and associated mental health professionals. COPS purchases must be pre-approved by the COPS Office and align with grant guidelines. There is no local match for the COPS program.

For the Police Department, the major approved expenditures are to implement training that addresses one or more of the following areas of focus:

1. De‐escalation tactics and alternatives to use of force

2. Safely responding to an individual experiencing mental or behavioral health or suicidal crisis

3. Safe encounters with individuals with disabilities
Grant Conditions
On March 10, 2026, the City joined the lawsuit Chicago v. Department of Justice (25-cv13863) (N.D. Ill) challenging conditions that the Department of Justice attempted to

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impose on COPS grantees. The lawsuit challenges conditions that purport to require COPS recipients (a) to “comply with 8 USC Section 1373, which provides that such entities may not prohibit, or in anyway restrict, any government entity or official from sending to, receiving from, maintaining, or exchanging information regarding citizenship or immigration status . . . of any individual with components of the U.S Department of Homeland Security or any other federal state or local government entity”; (b) to certify, subject to prosecution under the False Claims Act, that they do not “operate any programs (including any such programs having components relating to [DEI]) that violate any applicable Federal civil rights or nondiscrimination laws”; and (c) to “comply with all applicable federal laws and Presidential Memoranda and all Executive Orders by the President”.

The challenged conditions additionally purport to bar recipients from using COPS funding to “promote gender ideology” or for projects that provide “diversity, equity, inclusion and accessibility, or environmental justice programs, services or activities”.

The lawsuit challenged the imposition of these conditions on numerous grounds. On March 25, 2026, the court formally granted the Plaintiffs’ motion for preliminary injunction, prohibiting DOJ from imposing the challenged conditions on Santa Monica pending the outcome of the litigation. Therefore, the challenged conditions will not apply to the City’s receipt of this grant.

Environmental Review
The acceptance of federal grant funds is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”. The grant funds would enhance public safety with equipment, programs, training, and exercises. Therefore, it can be seen with certainty that the acceptance of federal grant funds is exempt from CEQA.

Financial Impacts and Budget Actions

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Staff seeks authority to accept $486,760 from the U.S. Department of Justice, Office of Community Oriented Policing Services for the FY25 Safer Outcomes: Enhancing DeEscalation and Crisis Response Training for Law Enforcement Grant Program.

Approval of the recommended action requires the following budget amendment.

FY 2025-26 Grant Budget Amendment
Establish Revenue Budget Appropriate Funds
Account Number Amount Account Number Amount
20180001.4XXXXX $486,760 20180001.5XXXXX $486,760
Total $486,760 Total $486,760
If modifications or renewals are awarded, budget adjustments will be included in subsequent year budgets, contingent on Council budget approval.

Prepared By: Kiajett Charles, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Written Comments

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1 David Yakobson
From: [email protected]
Sent: Tuesday, April 28, 2026 11:52 AM
To: councilmtgitems
Cc: Natalya Zernitskaya; Dan Hall
Subject: Question about Item 4.A.2.

EXTERNAL
Staff Report 7382 states, in pertinent part, "the court formally granted the Plaintiffs’ motion for preliminary injunction, prohibiting DOJ from imposing the challenged conditions on Santa Monica pending the outcome of the litigation. Therefore, the challenged conditions will not apply to the City’s receipt of this grant" [until the court denies the injunctive relief at trial or settlement, at which time, the money will have been spent in dereliction of the administrative intent with the March 25, 2026, decision as a mitigating circumstance?] I vote and rent in Santa Monica.

Elisabeth Green, M.S. Biomedical Engineering
1223 Wilshire Blvd #1656
Santa Monica, California 90403
Item 4-A
April 28, 2026
Item 4-A
April 28, 2026

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Attachment: Written Comments (7382 : COPS FY25 SAFER OUTCOMES) City Council
Report
City Council Meeting: April 28, 2026
Agenda Item: 4.B
1 of 4
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Public Landscape Division Subject: Authorization of First Modification to Agreement #11510 with Burkhardt Custom for the Provision and Installation of Fencing and Gate Access Controls
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

Summary
The City of Santa Monica’s (City) Public Landscaping Division is responsible for maintaining parks throughout the City, including providing fencing and repair services for various locations. These services have been provided by Burkhardt Custom (Burkhardt) for several years via contract #11510, executed on February 22, 2024, as a result of RFB 4462. The contract authority on agreement #11510 has been exhausted, driven by additional projects as part of the Realignment Plan. Staff recommends that Council authorize a first modification with Burkhardt, increasing the contract by $520,000, for a new total amount not to exceed $1,000,000. Three years remain in the five-year contract term, which expires on February 21, 2029, during this term Burkhardt

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would continue to provide fencing repairs, installation services and gate access control systems.

Discussion
In 2023, staff issued Request for Bids (RFB) #4462 to solicit fencing improvements, including repair and installation services as well as access control improvements. The evaluation committee evaluated the bids that were received and recommended awarding a five-year agreement to Burkhardt. The contract was executed in the amount of $480,000 and with a February 21, 2029 expiration date. Public Landscape oversees the contract and vendor relationship, though the services are available throughout the Public Works Department.

Due to the time constraints associated with events scheduled at the venue, including the 2025 State of the City Address, staff utilized this contract for unanticipated repair services and to address additional City needs. With many major events (such as FIFA World Cup, the LA28 Summer Olympics) occurring in the City during this contract period, it is vital to have a mechanism to quickly repair, replace, and improve fencing.

As such, staff is requesting Council approval to modify the existing contract to ensure fencing improvements can continue efficiently and effectively.

Environmental Review
The modification to the agreement for fencing improvement services is categorically exempt from CEQA pursuant to Section 15303 (New Construction or Conversion of Small Structures). Section 15303 exempts Class 3 projects, which consist of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor exterior modifications are made. The installation of fencing and gate access controls are considered accessory structures as described in Section 15303(e). Therefore, the award agreement is categorically exempt from CEQA.

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Past Council Actions
Meeting Date Description
11/28/2023
(Attachment A)
Award Bid to Burkhardt Custom for Provision and Installation of Fencing and Gate Access Controls
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from various City Funds to increase the amount of contract #11510 with Burkhardt Custom to provide fencing improvements and installation services for the Public Works Department. Additional General Fund costs would be charged to the appropriate department or applicable CIP account, as needed.

Contract Modification Request
Funding
Source
Current
Authorized
Amount
FY 2025-26
Request
Amount
Future
Years
Amount
Dept/CIP Account # Total Revised
Contract
Amount
General $0.00 $320,000 Various $320,000
General $200,000 $0.00 $200,000 01500023.529140 $400,000 General $200,000 $0.00 $0.00 01500020.529480 $200,000
Pier $40,000 $0.00 $0.00 53500001.529140 $40,000
Water $40,000 $0.00 $0.00 50500001.550010 $40,000
Total $480,000 $0.00 $520,000 $1,000,000
Future year funding is contingent on Council budget approval.

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Prepared By: Leah Cornelius, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. November 28, 2023 Staff Report (web link)
B. 02 CSA 11510_-_Burkhardt_Custom
C. Oaks Initiative - Burkhardt 10162025
D. Levine - Burkhardt 10162025

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Rev. October 2023
Agreement No. 11510 (CCS)

CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Agreement”), entered into as of _________________ (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and Burkhardt Custom, is made with reference to the following:

RECITALS:

A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. Burkhardt Custom is qualified to do business, and is doing business, in the State of California. Burkhardt Custom represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.

C. The City and Burkhardt Custom desire to enter into an agreement for the Burkhardt Custom to provide contractual services to the City as set forth herein, 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. This Agreement begins on the Execution Date and terminates five calendar years thereafter, unless sooner terminated in accordance with Section 14.

2. Burkhardt Custom Services. Burkhardt Custom will perform all of the services (“Services”) described in Exhibit A, Scope of Services. Burkhardt Custom will complete the Services in accordance with Exhibit B, Budget.

3. City Services. The City agrees to:

3.1 Make available to Burkhardt Custom any currently existing documents, data or information required for the performance of the Services.

3.2 Designate a representative authorized to act on behalf of City.

3.3 Promptly examine and render findings on all documents submitted for staff review by Burkhardt Custom.

DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B 2/22/2024

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) - 2 -
Rev. October 2023

4. Compensation. The City will compensate Burkhardt Custom for the Services performed in an amount not to exceed Four Hundred Eighty Thousand Dollars ($480,000), as set forth in Exhibit B.

5. Invoices. Burkhardt Custom will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.

6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:

6.1 All notices, demands, requests or approvals to the City:

Public Landscape Division
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: Peter Seller
Re: Agreement No. 11510
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Agreement No. 11510

6.2 All notices, demands, requests or approvals to Burkhardt Custom:

Burkhardt Custom
2929 Pennsylvania Ave.
#580
Santa Monica, CA 90404
Attention: Brian Burkhardt
[email protected]
Re: Agreement No. 11510

7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. Neither the City nor its officers or employees will have any control over the conduct of Burkhardt Custom or any of Burkhardt Custom’s agents, employees, or subcontractors, except as otherwise provided in this Agreement.

8. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) - 3 -
Rev. October 2023
Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by City and Burkhardt Custom, and approved as to form by the City Attorney.

9. Insurance. Prior to commencing work, Burkhardt Custom 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 Burkhardt Custom or Burkhardt Custom’s agents, representatives, employees or subcontractors for the duration of this Agreement. Burkhardt Custom must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10. Defense and Indemnification.

10.1 Burkhardt Custom agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the act, errors, and/or omissions of Burkhardt Custom, or Burkhardt Custom’s employees, agents, officers, and subcontractors.

Burkhardt Custom’s responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Burkhardt Custom, its employees, agents or officers, or subcontractors; provided, however, that Burkhardt Custom’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding Burkhardt Custom’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Burkhardt Custom, if City chooses to do so.

10.2 Enforcement Costs. Burkhardt Custom agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.

11. Prohibition Against Transfers.

11.1 Burkhardt Custom may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.

DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) - 4 -
Rev. October 2023

11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Burkhardt Custom or of any general partner or joint venturer or syndicate member of Burkhardt Custom, if a partnership or joint venture or syndicate exists, which results in changing the control of Burkhardt Custom, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.

12. Permits and Licenses. Burkhardt Custom, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.

13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

14. Default and Termination.

14.1 If Burkhardt Custom fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Burkhardt Custom.

14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to Burkhardt Custom. Upon termination of this Agreement, City will pay Burkhardt Custom any compensation earned and unpaid up to the effective date of termination.

15. Compliance with Law. Burkhardt Custom must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City including, but not limited to, Articles 2 and 3, Division 2, Part 7, Chapter 1 of the Labor Code, State of California related to prevailing wage, apprentices, penalties, and certified payroll.

16. Notice of Registration Requirements with and Compliance Monitoring and Enforcement by the Department of Industrial Relations. Burkhardt Custom hereby acknowledges and agrees that:

16.1 No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

16.2 No contractor or subcontractor may be awarded an agreement for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) - 5 -
Rev. October 2023

16.3 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

17. Discrimination. Burkhardt Custom may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.

18. Nuisance. Burkhardt Custom may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

19. Records.

19.1 Burkhardt Custom must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subcontractor costs, or other direct costs. Burkhardt Custom must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.

19.2 Burkhardt Custom must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. Burkhardt Custom must clearly identify all records and make them readily accessible to the City. At the City’s request, Burkhardt Custom must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

19.3 Burkhardt Custom must allow the City to have free access to Burkhardt Custom’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit Burkhardt Custom’s records, and Burkhardt Custom agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by Burkhardt Custom, Burkhardt Custom agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.

20. Work Product; Reports.

20.1 Any work product prepared or caused to be prepared by Burkhardt Custom or any subcontractor for this Agreement will be the exclusive property of City. No work product given to or prepared by Burkhardt Custom or any subcontractor pursuant to this Agreement may be made available to any individual or organization by Burkhardt Custom without prior written approval by City.

20.2 At the City’s request, Burkhardt Custom must furnish reports concerning the status of the Services.

DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) - 6 -
Rev. October 2023

21. Standard of Care. Burkhardt Custom agrees to provide all Services, including services performed by any subcontractor, in a manner consistent with the level of care and skill ordinarily exercised by members of Burkhardt Custom’s profession currently practicing in the same locality under similar conditions.

22. Subcontractors.

22.1 If Burkhardt Custom proposes to have any subcontractor perform any part of the Services, Burkhardt Custom must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subcontractor, and the total price or hourly rates used in preparing an estimated cost for the subcontractor’s services. The City, in its sole discretion, may grant or deny the request.

22.2 Burkhardt Custom will be responsible for the quality of any subcontractor’s work. Every subcontract or agreement of any kind entered into between Burkhardt Custom and any subcontractor (or between any subcontractor and others) must contain the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 11510 (CCS) entered into between the City of Santa Monica and Burkhardt Custom
on^^____________________.

23. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

24. Venue and Jurisdiction. The City and Burkhardt Custom agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

25. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

26. Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single Agreement.

Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B 2/22/2024

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) - 7 -
Rev. October 2023

27. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.

Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements

DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) - 8 -
Rev. October 2023
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
Burkhardt Custom Corporation
#VENDOR
By:
________________________________
DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B City Attorney

DOUGLAS SLOAN
2/16/2024
Brian Burkhardt
Owner
2/16/2024
City Manager
2/20/2024
David White
Nikima Newsome
2/22/2024
Interim City Clerk

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) Exhibit A
Scope of Services

SCOPE OF WORK - PERMANENT FENCING
Burkhardt Custom must provide fencing and gate services for the City of Santa Monica under the direction of the Public Works Department. This direction will include the provision, installation, service, repair and maintenance of permanent fences, gates and associated motors on an as needed basis.

General Requirements:
 City staff have identified approximately 30 different City locations requiring fencing or service. Each site will have specific scope as determined prior to installation by the Public Works staff. Worksites include beach, pier, City parks and sports fields environments.
 Gate and fence repairs billed on time and materials as required.  Purchase and installation of permanent fencing as required.

Installation includes but is not limited to:
 3” Outside Diameter LG-40 pipe terminal posts.
 2 ½” Outside Diameter LG-40 pipeline post every 10 feet.  1 5/8’ Outside Diameter LG-40 pipe top rail. Top rail 21’ in length joined with1- 5/8”x 6” long sleeve.
 1 5/8’ Outside Diameter LG-40 pipe bottom rail.
 Fittings: beveled brace band & carriage bolt, combo pressed steel rail ends, line rail clamp, pressed steel loop cap, pressed steel dome cap, 3/16” x ¾’ steel tension bar, beveled tension band & carriage bolt.
 9-6 gauge galvanized chain link fencing with 2” mesh may be specified. Black or green coating may be required.
 9-6 gauge aluminum tie wire 15’ on center for line posts and 24” on center for rails.
 Post footings to be poured concrete.

SCOPE OF WORK - ACCESS CONTROLS
Burkhardt Custom shall provide gate and access control services for the City of Santa Monica under the direction of the Public Works Department. for gate and access control services for the Facilities and Water Divisions which include, service, repair, maintenance, furnishing, installation, programming, and commissioning of gates and associated access controls on an as needed basis.

DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) Please refer to the list below for locations of gate and access control services needed.

These locations represent the highest usage. Additional locations may have requests for service on occasion.
 City Yards located at 2500 Michigan Avenue, Santa Monica, CA 90404  Water Treatment Plant located at 1228 S. Bundy Drive, Los Angeles, CA 90025 Gate and access control services billed on time and materials as required.

Purchase/Installations will include DoorKing (also known as "DKS") controllers, receivers, keypad devices, antenna kits, and transmitters.

DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) Exhibit B
Budget
Contract Total Over Five Years

Not To Exceed Amount $ 480,000

Price Increase on Renewal Options
Contract Year 1 -- $86,868
Contract Year 2 5% $91,211
Contract Year 3 5% $95,772
Contract Year 4 5% $100,560
Contract Year 5 5% $105,589
Permanent Fencing Installation and Repair Rates
Item Description Unit of Measure Unit Cost
1 6Ft. Galvanized Chain Link Fence (6 gauge) - 101-200 Feet 1 foot installation and materials $ 98.25 2 6Ft. Galvanized Chain Link Fence (6 gauge) - 201-300 Feet 1 foot installation and materials $ 98.25 3 8Ft. Galvanized Chain Link Fence (6 gauge) -101-200 Feet 1 foot installation and materials $ 139.23 4 8Ft. Galvanized Chain Link Fence (6 gauge) - 201-300 Feet 1 foot installation and materials $ 139.23 5 6Ft. Galvanized Chain Link Fence (9 gauge) - 101-200 Feet 1 foot installation and materials $ 79.33 6 6Ft. Galvanized Chain Link Fence (9 gauge) - 201-300 Feet 1 foot installation and materials $ 79.33 7 8Ft. Galvanized Chain Link Fence (9 gauge) -101-200 Feet 1 foot installation and materials $ 114.03 8 8Ft. Galvanized Chain Link Fence (9 gauge) - 201-300 Feet 1 foot installation and materials $ 114.03 9 8 Ft. Galvanized Chain Link Fence (2” mesh) -101-200 Feet 1 foot installation and materials $ 112.02 10 8 Ft. Galvanized Chain Link Fence (2” mesh) -201-300 Feet 1 foot installation and materials $ 112.02 11 Wind Screen 6Ft. -101-200 Feet 1 foot installation and materials $ 16.49 12 Wind Screen 6Ft. - 201-300 Feet 1 foot installation and materials $ 16.49 13 Wind Screen 8Ft. - 101-200 Feet 1 foot installation and materials $ 17.49 14 Wind Screen 8Ft. - 201-300 Feet 1 foot installation and materials $ 17.49 15 Repairs per hour $ 150.00
Gate Access Controls Rates
Item Description Unit of Measure Unit Cost
1 Labor – Gate and Access Control Services Per Hour $ 150.00 2 Material – Markup on Material Percentage 26.50%
DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) Exhibit C
Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (nonowned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).

If the Contractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) form of an endorsement to the Contractor’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica.

The City of Santa Monica may require the Contractor to purchase coverage with a lower retention or provide satisfactory 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 name insured or the City of Santa Monica.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

Verification of Coverage
Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided DocuSign Envelope ID: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification) by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

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 contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach.

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: AEF05D66-B076-48F1-9FBF-5DEC2EC1EC3B

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Attachment: 02 CSA 11510_-_Burkhardt_Custom (7528 : Burkhardt Fencing Contract Modification)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection.

It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.

Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

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Attachment: Oaks Initiative - Burkhardt 10162025 (7528 : Burkhardt Fencing Contract Modification)

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-monthperiod;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Attachment: Oaks Initiative - Burkhardt 10162025 (7528 : Burkhardt Fencing Contract Modification) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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Attachment: Levine - Burkhardt 10162025 (7528 : Burkhardt Fencing Contract Modification) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

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Attachment: Levine - Burkhardt 10162025 (7528 : Burkhardt Fencing Contract Modification) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps

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• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $500 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or

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other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html

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Attachment: Levine - Burkhardt 10162025 (7528 : Burkhardt Fencing Contract Modification) City Council
Report
City Council Meeting: April 28, 2026
Agenda Item: 4.C
1 of 4
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Water Resources Division Subject: Award Bid #4512 to Brenntag Pacific, LLC, for the Purchase of 93% Sulfuric Acid for the Water Resources Division
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid # 4512 to Brenntag Pacific, LLC for the purchase of 93% Sulfuric Acid for the Public Works Department; and

Summary
The City of Santa Monica (City) Water Resources Division is responsible for providing a safe, reliable water supply to Santa Monica’s 93,000+ residents and approximately 2,700 business customers. The City’s local groundwater supply is treated through a multi-barrier treatment system at the Charnock Well Field and at the City’s Arcadia Water Treatment Plant. In addition, the City operates the Sustainable Water Infrastructure Project (SWIP), which leverages stormwater, dry-weather urban runoff, and municipal wastewater to produce purified water that augments the City’s water supply. The City’s advanced water treatment system uses sulfuric acid to adjust pH levels to support the reverse osmosis filtration system at the Arcadia Water Treatment Plant and SWIP. A formal Request for Bid (RFB) #4512 was completed for sulfuric acid, and staff recommends awarding RFB #4512 to Brenntag Pacific, LLC and issuing a

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first-year Purchase Order (PO) in the amount of $218,000, with four one-year renewal options, for a total amount not to exceed $1,300,000 over a five-year period.

Discussion
The City’s Arcadia Water Treatment Plant treats groundwater through a multi-barrier treatment system to produce safe, high-quality drinking water for Santa Monica’s residential and business customers. In addition, the City’s groundwater supply is augmented with advanced treatment of stormwater and wastewater at SWIP to produce purified water for groundwater recharge. Both of these facilities utilize reverse osmosis filtration to remove dissolved contaminants from the water to produce safe, high-quality water for the community. For the reverse osmosis membranes to perform at optimal levels at the Arcadia Water Treatment Plant and SWIP, sulfuric acid (93% concentration) is used to adjust the pH levels prior to treatment through the reverse osmosis membranes. Keeping the pH within the correct range helps protect the equipment and improves overall treatment performance. Request for Bid #4512 was issued to supply sulfuric acid at both of facilities. After evaluation, Brenntag Pacific, LLC was determined to be the best bidder to provide the sulfuric acid required.

Vendor Selection
Bidder Recommendation
Best Bidder Brenntag Pacific, LLC
Evaluation Criteria Price and References.

Municipal Code SMMC 2.24.180
Bid Data
Date Posted On Advertise In Vendors Date Publicly
Submittals Received
Brenntag Pacific,
LLC $2.74 per Gallon
$0.00 Freight
Northstar Chemical
dba Pacific Star
Chemical
$2.72 per Gallon
$342.00 Freight
Univar Solutions

USA LLC
$3.80 per Gallon
$0.00 Freight

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Posted (City Charter & SMMC) Downloaded Opened
01/30/2026 City's Online
Bidding Site Santa Monica Daily Press 24 02/27/2026
Best Bidder Justification
Brenntag Pacific, LLC (Brenntag) was selected as the best bidder by an evaluation committee comprised of Water Resources staff, based on price and references.

Brenntag offered the overall lowest price and has supplied sulfuric acid to similar operations and numerous facilities throughout Southern California. In addition, Brenntag provides sulfuric acid to both the Metropolitan Water District and the West Basin Municipal Water District, both of which were contacted and provided positive feedback regarding Brenntag’s service and product.

Environmental Review
The purchase and use of 93% sulfuric acid at the Arcadia Water Treatment Plant and SWIP is categorically exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. Section 15301 (Existing Facilities) provides an exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The purchase order would continue the practice of adding 93% sulfuric acid at the Arcadia Water Treatment Plant and SWIP to adjust the pH levels of the water prior to treatment through the RO membranes. The agreement would not expand or materially change existing facilities or operations. Therefore; the award agreement is categorically exempt pursuant to Section 15301 of the CEQA Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water and Wastewater Funds to award a purchase order to Brenntag Pacific, LLC, for the purchase of 93% sulfuric acid for the Arcadia Water Treat Plant and the Sustainable Water Infrastructure Project (SWIP).

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Purchase Order Request
FY 2025-26
Request Amount
Future Years
Amount Department Account # Total Contract Amount
$200,000 $992,660 50500003.525081 $1,192,660
$18,000 $89,340 51500001.525085 $107,340
$218,000 $1,082,000 $1,300,000
Future year funding is contingent on Council budget approval.

Prepared By: Thomas Poon, Engineering Support Services Administrator Approved Forwarded to Council
Attachments:

A. FY 25-26 Oaks Initiative (Brenntag)
B. FY 25-26 Levine Act (Brenntag)

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CITY OF SANTA MONICA

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Attachment: FY 25-26 Oaks Initiative (Brenntag) (7575 : Sulfuric Acid) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/boards/ Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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Attachment: FY 25-26 Levine Act (Brenntag) (7575 : Sulfuric Acid) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

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Attachment: FY 25-26 Levine Act (Brenntag) (7575 : Sulfuric Acid) City Council
Report
City Council Meeting: April 28, 2026
Agenda Item: 4.D
1 of 4
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Water Resources Division Subject: Approval of the First Modification to Agreement #11326 (CCS) with Grace Environmental Services, Inc., for Operations, Maintenance, and Management Services (OMMS) at the Charnock Well Field
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and

Summary
The City of Santa Monica (City), Department of Public Works – Water Resources Division, requires contractor services to operate and maintain the City's Charnock Treatment Plant, which treats contaminated groundwater from the Charnock Well Field before it is pumped to the City’s main water treatment facility, Arcadia Water Treatment Plant, for further treatment in accordance with federal and state regulations. Due to rising service costs (e.g., maintenance equipment, spare parts, and other consumables to support operations), staff recommends increasing Agreement #11326 (CCS) by $850,000. This first modification would result in a new total amount not to exceed $3,350,000, with no change to the original five-year contract term.

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Discussion
The City has used contractor services to operate, maintain, and manage the Charnock Treatment Plant site (11375 Westminster Avenue, Los Angeles, CA 90066) since November 2010, when new facilities were commissioned to treat groundwater contaminated by methyl tertiary-butyl ether (MTBE) and other volatile organic compounds. The Charnock Treatment Plant relies on contract services to operate and maintain the facility, as it will be decommissioned once the contamination has been completely removed from the local groundwater basin and the groundwater can be pumped directly to the City’s Arcadia Treatment Plant for treatment. Approximately 75% of the City’s current groundwater supply from the Santa Monica Basin is produced from the Charnock site.

The City requires Grace Environmental Services, Inc. (Grace) to provide a Statecertified water treatment plant operator onsite for 40 hours per week, 24/7 on-call services for emergencies, and other administrative support to comply with all the conditions of the City’s operating permit issued by the State Water Resources Control Board - Division of Drinking Water. The contractor is responsible for overseeing the day-to-day operations of the Charnock Treatment Plant, including maintaining and repairing equipment, ensuring the proper application of treatment chemicals, and coordinating and overseeing necessary repairs. The contractor also monitors water quality and maintains analyzers and other water quality instrumentation to support production of safe, high-quality drinking water. The contractor coordinates Charnock operations and reports to City’s treatment operations staff based at the Arcadia Water Treatment Plant. The contract expenses include both labor costs and reimbursables for materials and repairs approved by City staff and paid by Grace. During the first three years of the contract, several large maintenance and repair issues that were not anticipated were required to be addressed by Grace. The largest of these were a booster pump valve replacement, relining of the effluent flow line vault, replacement of several chemical pumps, and replacement of several well transducers. As material costs have significantly increased over the past five years, to maintain reliable operation of the Charnock Treatment Plant, additional funds are needed to purchase essential

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spare parts and consumables for water quality analyzers and other equipment to support the production of high-quality drinking water.

Environmental Review
Operation services for an existing water treatment facility are categorically exempt from CEQA pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Section 15301 provides an exemption for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The agreement would not expand or materially change existing facilities or operations. Therefore, the modification to the agreement is categorically exempt pursuant to Section 15301 of the CEQA Guidelines.

Past Council Actions
Meeting Date Description
October 25, 2022 Original bid and award of agreement #11326 with Grace Environmental Services, Inc. for Operations, Maintenance, & Management Services at Charnock Well Field
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Water Fund to increase agreement #11052 with Grace Environmental, Inc. for operations, maintenance, and management services at the Charnock Well Field.

Contract Request
Agreement
#
Current
Authorized
Amount
FY 25-26
Request
Amount
Department
Account #
Future
Years
Amount
Total Revised
Contract
Amount
11326
(CCS)
$2,500,000 $170,000 50500002.550010 $680,000 $3,350,000 Future year funding is contingent on Council budget approval.

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Prepared By: Thomas Poon, Engineering Support Services Administrator Approved Forwarded to Council
Attachments:

A. October 25, 2022 Staff Report (web link)
B. FY 25-26 Oaks Initative (Grace Environmental)
C. FY 25-26 Levine Act (Grace Environmental)

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CITY OF SANTA MONICA

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

4.D.b
Packet Pg. 101 Attachment: FY 25-26 Oaks Initative (Grace Environmental) (7643 : Mod 1 - CT #11326 - Grace Environmental) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/ https://www.santamonica.gov/departments/rent-control https://www.smgov.net/boards/ Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

4.D.c
Packet Pg. 102 Attachment: FY 25-26 Levine Act (Grace Environmental) (7643 : Mod 1 - CT #11326 - Grace Environmental) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

4.D.c
Packet Pg. 103 Attachment: FY 25-26 Levine Act (Grace Environmental) (7643 : Mod 1 - CT #11326 - Grace Environmental) City Council
Report
City Council Meeting: April 28, 2026
Agenda Item: 4.E
1 of 5
To: Mayor and City Council
From: Jenny Rogers, Recreation and Arts Director, Recreation and Arts Department Subject: Approval of Modifications to Recreational Services Agreements To Provide Revenue Supported Community Classes and Instruction for the Recreation and Arts Department
Recommended Action
Staff Recommends that the City Council

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

3. Authorize the City Manager to execute a first modification to agreement #5116 in the amount of $250,000 with Peter Fox, to provide tennis instruction. This will result in a two-year amended agreement for a new total amount not to exceed $500,000;

4. Authorize the City Manager to execute a first modification to agreement #5099 in the amount of $250,000 with Richard Goldenson, to provide tennis instruction.

This will result in a two-year amended agreement for a new total amount not to exceed $500,000.

Summary

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The Recreation and Arts Department’s (RAD) Community Recreation Division offers recreational camps and classes for youth and adults through its Community Classes and Camps Program. This program utilizes independent contractors to conduct recreational classes and camps in visual arts, music, dance, language arts, sports, theater arts, science and engineering, parent and me, and yoga. Each contractor has negotiated a percentage of revenues from the classes they conduct on behalf of the Recreation and Arts Department. As a result of Request for Proposal (RFP) #435 the City of Santa Monica (City) entered into contractual services agreement (CSA) #5092 with Damian Mooney to teach community tennis classes, CSA #5116 with Peter Fox to teach community tennis classes, CSA #5099 with Richard Goldenson to teach community tennis classes, CSA #5098 with SMBA to teach youth sports classes, and CSA #5093 with Parker Anderson to teach youth enrichment classes. Given the high demand for these programs, staff is requesting authorization to amend the agreements to increase the funding for services provided.

Discussion
RAD contracts with various individuals and businesses to conduct a full range of community classes and camps. Contractors are awarded from those who participate in a formal RFP process. The Evaluation Committee selects a cadre of contract instructors that are diverse and balanced to provide the community with a wide range of recreational opportunities. These classes experienced significant growth following the pandemic and continue to see strong participation as contractor-led offerings expand.

Additionally, the Recreation and Arts Department’s enhanced marketing and communication efforts this year have also aided in an increase in participation in community classes and camps. This increased participation has led to these contracts outperforming initial estimates. Staff are requesting these modifications to allow these popular classes to continue.

Request for Proposal #435 was issued in early 2025 for independent contractors who would provide recreational services beginning July 1, 2025, through June 30, 2026, with two additional one (1) year options to renew. The RFP was posted on the City’s online bidding site in accordance with the Municipal Code provisions for bidding procedures.

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Responses to the proposals were evaluated by the evaluation committee comprised of staff from the Community Recreation Division of the Recreation and Arts Department and Human Services Divisions of the Housing and Human Services Department. All proposals for the contractual service agreements were solicited applying the criteria for best bidder as set forth in SMMC 2.24.180. The evaluation criteria of the RFP were work plans/timelines, experience/key personnel, adaptability, health and safety plan, references, and cost of services/cost control. Damian Mooney, Peter Fox, Richard Goldenson, SMBA, and Parker Anderson were the recommended awardees by the evaluation committee to develop and implement programming on behalf of the Community Classes and Camps Program. The agreements were awarded under the authority of the City Manager and specify not-to-exceed amounts of $250,000 each. The proposed increase in contract value for all five existing agreements require City Council’s approval and modifications to the agreements. City staff recommend that City Council authorize the City Manager to execute the required modifications. The initial term (prior to renewal options) of these contracts will end on June 30, 2026. The proposed modification would increase the contract funding to a new not to exceed amount of $500,000. This would cover the first renewal option through June 30, 2027 and, if exercised, extend through the second renewal option ending June 30, 2028.

Environmental Review
The contract modifications to provide recreational services are categorically exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modifications will allow the City to continue to provide recreational opportunities. Therefore, it can be seen with certainty that the contract modifications would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.

Financial Impacts and Budget Actions

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Staff seeks authority to approve funding from the General Fund to increase the amount of the agreements with contract instructors Damian Mooney (agreement 5092), Peter Fox (agreement 5116), Richard Goldenson (agreement 5099), SMBA (agreement 5098), and Parker Anderson (agreement 5093) for revenue supported recreational services.

Agreement Modification Request
Agreement #
Current
Authorized
Amount
FY 2026-27
Modified
Request Amount
Dept/CIP Account # Total Revised
Contract Amount
5092 $250,000 $250,000 01430004.550010 $500,000
5116 $250,000 $250,000 01430004.550010 $500,000
5099 $250,000 $250,000 01430004.550010 $500,000
5098 $250,000 $250,000 01430004.550010 $500,000
5093 $250,000 $250,000 01430004.550010 $500,000
Future year funding is contingent on Council budget approval.

Prepared By: Micah Akerson, Community Recreation Manager Approved Forwarded to Council
Attachments:

A. Damian Mooney Oaks
B. Damian Mooney Levine
C. Damian Mooney Original Agreement
D. Peter Fox Oaks
E. Peter Fox Levine
F. Peter Fox Original Agreement
G. Richard Goldenson Original Agreement
H. SMBA Original Agreement
I. Parker Anderson Oaks
J. Parker Anderson Levine
K. Parker Anderson Original Agreement
L. SMBA Oaks
M. SMBA Levine

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N. Richard Goldenson Levine
O. Richard Goldenson Oaks

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Packet Pg. 109 Attachment: Damian Mooney Oaks [Revision 1] (7604 : Approval of Modifications to Recreational Services Agreements)

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Packet Pg. 110 Attachment: Damian Mooney Oaks [Revision 1] (7604 : Approval of Modifications to Recreational Services Agreements)

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Packet Pg. 111 Attachment: Damian Mooney Levine [Revision 1] (7604 : Approval of Modifications to Recreational Services Agreements)

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Packet Pg. 112 Attachment: Damian Mooney Levine [Revision 1] (7604 : Approval of Modifications to Recreational Services Agreements) 1 Rev. November 2024
Agreement No. 5092

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 Damian Mooney, 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 Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947 6/9/2025

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Packet Pg. 113 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 2 Rev. November 2024
where Services are requested by the City, and Contractor’s agreement to adhere to the class schedule will be reflected by Contractor’s execution of the Class Schedule Commitment Form. Each Class Schedule Commitment Form that is approved by the parties shall become part of Exhibit B and incorporated herein by reference.

2.2 Materials and Supplies. Contractor shall provide its own tools, equipment, materials, supplies, and vehicles necessary to perform the Services and shall be responsible for all expenses incurred in association with the performance of the Services. Contractor may charge a reasonable materials and supplies fee to participants enrolled in a class (“participants”) for materials and supplies Contractor provides to participants provided that: (a) the fee does not exceed the amount set forth in Exhibit A as mutually agreed by the parties; and (b) Contractor collects the fee directly from participants.

2.3 Registration of and Payments by Participants. Registration of, and the collection of payments from, participants shall be handled through City offices.

Contractor agrees not register participants or accept any payments for any class from any participants, with the sole exception of any reasonable material and supplies fee in accordance with Section 2.2 above.

2.4 Minimum Class Size. With respect to any particular class, Contractor shall provide Services if the number of participants registered for the class by the time of the first-class meeting is greater than or equal to the minimum set forth in attached Exhibit A. If the minimum number of participants is not registered by the time of the first class meeting, or if the number of registered participants falls beneath the minimum number after commencement of the first class meeting, the parties may mutually agree to cancel or continue the class. If the parties mutually agree to continue a class without having the minimum number of participants registered, Contractor will be paid only for the number of participants registered for that class.

2.5 Cancellation of Classes. If a class is canceled prior to the first class meeting, Contractor will not be compensated. If a class is cancelled after the first class meeting, Contractor will be compensated for the class meetings instructed as provided in Exhibit A.

2.5.1Cancellation 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 Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 114 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 3 Rev. November 2024
case City shall have no obligation to compensate Contractor in any way for the cancelled class; or (b) at least three (3) days prior to an effective date of cancellation after the scheduled first meeting of the class, in which case compensation for Services shall be pro-rated to provide payment to Contractor for the dates and times Contractor provided Services.

2.5.3Rescheduling. 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.

Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 115 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 4 Rev. November 2024

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.

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 Fifty Thousand Dollars ($250,000). 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 Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 116 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 5 Rev. November 2024
Services, possess the qualifications and ability to perform the Services in a professional manner, without the advice, control, direction, or supervision of City.

Performance of the Services in a professional manner includes meeting the requirements of the program under which Contractor is obligated to provide Services, and failure to do so shall constitute a material breach of this Agreement.

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 Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 117 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 6 Rev. November 2024
including, but not limited to, the Federal Fair Labor Standards Act, for any services performed by Contractor’s employees, subcontractors, volunteers, agents, or representatives.

8. Permits And Licenses. Contractor shall comply with all applicable laws, regulations, ordinances, and statutes, and shall obtain and maintain, at 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 Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 118 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 7 Rev. November 2024
fingerprints may be used on an ongoing basis to verify arrests and conviction records for all such employees, subcontractors, volunteers, agents, and representatives by comparing them with local, state, and federal records. Contractor agrees to pay whatever fees if any may be involved in this process.

13.Tuberculosis Screening. Contractor agrees to provide City with proof that Contractor and all of Contractor’s employees, sub-contractors, and volunteers who perform Services have undergone a TB risk assessment or test, as required every four (4) years for adults working with school age children. Contractor shall bear the costs of complying with this tuberculosis screening requirement.

14.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 Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 119 Attachment: Damian Mooney 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.

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:

Damian Mooney
1320 Marine Avenue
Manhattan Beach, CA 90266
Any party hereto may, from time to time by notice in writing served upon the other party, designate a different mailing address or a different person to whom all notices, demands, requests or approvals are thereafter to be addressed.

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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 120 Attachment: Damian Mooney 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. 5092 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: 43523950-4CF0-489F-ACA5-D2D369F77947 6/9/2025

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Packet Pg. 121 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 122 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 11 Rev. November 2024
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Schedule of Services and Payments
Class Schedule Commitment Forms
Insurance Requirements
Acknowledgment of Abuse Prevention Standards and
Requirements (N/A)
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: 43523950-4CF0-489F-ACA5-D2D369F77947

DOUGLAS SLOAN
City Attorney
6/6/2025
6/6/2025
Damian Mooney
Elaine Polachek
Interim City Manager
6/10/2025 6/9/2025
City Clerk
Nikima Newsome

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Packet Pg. 123 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit A
Schedule of Services and Payments
Contractor: Damian Mooney
Classes will be conducted in accordance with the following schedule of services and payments.

Class Name
Base
Fee per
Class
Meeting
% of Base
Fee Paid to
Contractor
Minimum
Enrollment
Maximum
Enrollment
Materials
Fee*
Live Ball
Tennis
$20.00 60% 5 8 n/a
*Materials Fee Description: n/a
Contractor must complete and sign a Billing Sheet for payments to be issued.

Contractors will be paid a percentage of the base class fee (resident rate, not including administration fees).

The total amount of compensation for Services rendered pursuant to this Agreement shall not exceed $250,000. 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: 43523950-4CF0-489F-ACA5-D2D369F77947

4.E.c
Packet Pg. 124 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit B
Class Schedule Commitment Forms
Session/Season: Summer 2025
Contractor: Damian Mooney
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
Live Ball
Intermediate/Advanc
ed with Damian
Adult
Tennis

TBD TBD TBD TBD

Contractor Signature _____________________________ Date ________________ Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947 6/6/2025

4.E.c
Packet Pg. 125 Attachment: Damian Mooney 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 and the results of that work 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.

Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 126 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Other Insurance Provisions
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.

Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 127 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 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
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.

Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 128 Attachment: Damian Mooney 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.

Damian Mooney
#VENDOR
___________________________
_____________________________
Name of Youth Program
Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 129 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:

CODE OF CONDUCT FOR PROVIDING SERVICE

TO YOUTH
Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 130 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 131 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 132 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 133 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

4.E.c
Packet Pg. 134 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:

STANDARDS FOR CITY-MANAGED YOUTH PROGRAMS
Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 135 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Prevention Standards—

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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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 136 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Prevention Standards—

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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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 137 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 138 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 139 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 140 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 141 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 142 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 143 Attachment: Damian Mooney 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
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Packet Pg. 144 Attachment: Damian Mooney 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.

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Packet Pg. 145 Attachment: Damian Mooney 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:

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Packet Pg. 146 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 147 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 148 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 149 Attachment: Damian Mooney 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
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Packet Pg. 150 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:

STANDARDS FOR RESPONDING TO SUSPECTEDABUSE OR NEGLECT OR

SUSPICIOUS OR INAPPROPRIATE CONDUCT
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Packet Pg. 151 Attachment: Damian Mooney 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.

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Packet Pg. 152 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 153 Attachment: Damian Mooney 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
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Packet Pg. 154 Attachment: Damian Mooney 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
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Packet Pg. 155 Attachment: Damian Mooney 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.

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Packet Pg. 156 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 157 Attachment: Damian Mooney 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
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Packet Pg. 158 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

4.E.c
Packet Pg. 159 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 160 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

4.E.c
Packet Pg. 161 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

4.E.c
Packet Pg. 162 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

4.E.c
Packet Pg. 163 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Docusign Envelope ID: 43523950-4CF0-489F-ACA5-D2D369F77947

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Packet Pg. 164 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

4.E.c
Packet Pg. 165 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

4.E.c
Packet Pg. 166 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

4.E.c
Packet Pg. 167 Attachment: Damian Mooney 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: 43523950-4CF0-489F-ACA5-D2D369F77947

4.E.c
Packet Pg. 168 Attachment: Damian Mooney Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)

4.E.d
Packet Pg. 169 Attachment: Peter Fox Oaks (7604 : Approval of Modifications to Recreational Services Agreements)

4.E.e
Packet Pg. 170 Attachment: Peter Fox Levine (7604 : Approval of Modifications to Recreational Services Agreements)

4.E.e
Packet Pg. 171 Attachment: Peter Fox Levine (7604 : Approval of Modifications to Recreational Services Agreements) 1 Rev. November 2024
Agreement No. 5116

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 Peter Fox, a individual (“Contractor”), is made with reference to the following:

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 July 1, 2025, 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: EB6180FB-7011-40A3-84D7-08CE63615562 7/16/2025

4.E.f
Packet Pg. 172 Attachment: Peter Fox 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.

2.3 Registration of and Payments by Participants. Registration of, and the collection of payments from, participants shall be handled through City offices.

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: EB6180FB-7011-40A3-84D7-08CE63615562

4.E.f
Packet Pg. 173 Attachment: Peter Fox 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.

3.3 Contractor will bear the costs of complying with the Child Protection requirements set forth in this section.

Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562

4.E.f
Packet Pg. 174 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 4 Rev. November 2024

5. Relationship Of The Parties/Independent Contractor.

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.

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: EB6180FB-7011-40A3-84D7-08CE63615562

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Packet Pg. 175 Attachment: Peter Fox 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.

6.3Contractor 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.

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: EB6180FB-7011-40A3-84D7-08CE63615562

4.E.f
Packet Pg. 176 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 6 Rev. November 2024

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: EB6180FB-7011-40A3-84D7-08CE63615562

4.E.f
Packet Pg. 177 Attachment: Peter Fox 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.

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: EB6180FB-7011-40A3-84D7-08CE63615562

4.E.f
Packet Pg. 178 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) 8 Rev. November 2024

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:

Peter Fox
7837 Mason Avenue
Winnetka, CA 91306
Any party hereto may, from time to time by notice in writing served upon the other party, designate a different mailing address or a different person to whom all notices, demands, requests or approvals are thereafter to be addressed.

19.Subcontractors.

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: EB6180FB-7011-40A3-84D7-08CE63615562

4.E.f
Packet Pg. 179 Attachment: Peter Fox 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. 5116 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.

21.Governing Law. This Agreement has been made and shall be construed and interpreted in accordance with the laws of the State of California.

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: EB6180FB-7011-40A3-84D7-08CE63615562 7/10/2025

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Packet Pg. 180 Attachment: Peter Fox 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.

25.Prohibition Against Transfers.

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: EB6180FB-7011-40A3-84D7-08CE63615562

4.E.f
Packet Pg. 181 Attachment: Peter Fox 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: EB6180FB-7011-40A3-84D7-08CE63615562

DOUGLAS SLOAN
City Attorney
7/13/2025
7/13/2025
Peter Fox
City Manager
7/16/2025
Oliver Chi
City Clerk
Nikima Newsome
7/17/2025

4.E.f
Packet Pg. 182 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit A
Schedule of Services and Payments
Contractor: Peter Fox
Classes will be conducted in accordance with the following schedule of services and payments.

Class Name
Base
Fee per
Class
Meetin
g
% of Base
Fee Paid to
Contractor
Minimum
Enrollment
Maximum
Enrollment Materials
Fee*
Peter Fox
Tennis Class
$21.50 60% 5 8 n/a
Peter Fox
Tennis Camp
$50 60% 6 16 n/a
*Materials Fee Description: n/a
Contractor must complete and sign a Billing Sheet for payments to be issued.

Contractors will be paid a percentage of the base class fee (resident rate, not including administration fees).

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: EB6180FB-7011-40A3-84D7-08CE63615562

4.E.f
Packet Pg. 183 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit B
Class Schedule Commitment Forms
Session/Season: Summer 2025
Contractor: Peter Fox
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
Peter Fox
Classes
Adult/
Youth

TBD TBD TBD TBD
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562

4.E.f
Packet Pg. 184 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Exhibit C
Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services hereunder by the Contractor, its employees, subcontractors, volunteers, agents and representatives.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering GCL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence.

2. 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 higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as Insurance Services Office Form CG 20 10 11 85.

Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562

4.E.f
Packet Pg. 185 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.
c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Contractor to purchase coverage with a lower deductible or retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

Verification of Coverage
Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562

4.E.f
Packet Pg. 186 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) copies of all required insurance policies, including the endorsements required herein, at any time.

Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562

4.E.f
Packet Pg. 187 Attachment: Peter Fox 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.

Peter Fox
#VENDOR
___________________________

Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562 7/13/2025

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Packet Pg. 188 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:

CODE OF CONDUCT FOR PROVIDING SERVICE

TO YOUTH
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562

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Packet Pg. 189 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements)

Staff understand that the City of Santa Monica has zero tolerance for abuse.

Staff will treat youth with dignity and respect.

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.

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Packet Pg. 190 Attachment: Peter Fox 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.

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Packet Pg. 191 Attachment: Peter Fox 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.

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Packet Pg. 192 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) c. appropriate and inappropriate electronic communications with youth.

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Packet Pg. 193 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) EXHIBIT D:

STANDARDS FOR CITY-MANAGED YOUTH PROGRAMS
Docusign Envelope ID: EB6180FB-7011-40A3-84D7-08CE63615562

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Packet Pg. 194 Attachment: Peter Fox Original Agreement (7604 : Approval of Modifications to Recreational Services Agreements) Prevention Standards—

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Santa Monica City CouncilApril 28, 2026

Santa Monica City Council
April 28, 2026