Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Muhammad, Saleemah; 2018-05-15;
City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR FITNESS INSTRUCTION SERVICES SALEEMAH MUHAMMAD This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 20___, extending and amending the agreement dated May 15, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and a sole proprietorship, (“Contractor") (collectively, the “Parties”) for fitness instruction services. RECITALS A. The Parties desire to alter the Agreement’s scope of work to include virtual fitness instruction services described in Exhibit “A”; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit “A”. 2. Contractor will complete all work described in Exhibit “A” by May 15, 2022. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// DocuSign Envelope ID: 766685F5-1E56-4117-87EC-282D6F8AD53B 20October20 City Attorney Approved Version 1/30/13 2 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Parks & Recreation Director Saleemah Muhammad / Fitness Instructor ATTEST: By: (sign here) BARBARA ENGLESON City Clerk N/A Single Signor If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 766685F5-1E56-4117-87EC-282D6F8AD53B Saleemah Muhammad City Attorney Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE Title: “24K” Zumba Gold with Saleemah Instructor: Saleemah Muhammad Class Description: Latin-based, low-impact cardio dance fitness designed for seniors Class Minimums: 6 Class Maximums: 25 Ages: 55+ Fee: $10.00/person/class or $40.00/4-week session Percentage Split: 60% to instructor, 40% to City Title: Virtual “24K” Zumba Gold with Saleemah Instructor: Saleemah Muhammad Class Description: Latin-based, low-impact cardio dance fitness designed for seniors Class Minimums: 6 Class Maximums: None Ages: 55+ Fee: $5.00/person/class or $20.00/4-week session Percentage Split: 70% to instructor, 30% to City Title: Virtual Chair “24K” Zumba Gold with Saleemah Instructor: Saleemah Muhammad Class Description: Latin-based, dance fitness designed for those with impaired or limited mobility, or balance issues Class Minimums: 6 Class Maximums: None Ages: 55+ Fee: $5.00/person/class or $20.00/4-week session Percentage Split: 70% to instructor, 30% to City DocuSign Envelope ID: 766685F5-1E56-4117-87EC-282D6F8AD53B AGREEMENT FOR FITNESS INSTRUCTION SERVICES SALEEMAH MUHAMMAD GREEMENT is made and entered into as of the /5fJJ day of ---+--<f--1-"'-A~.=-.----' 20.J.51, by and between the CITY OF CARLSBAD, a municipal nd Saleemah Muhammad, an independent, ("Contractor"). RECITALS A. City requires the professional services of an independent contractor that is experienced in fitness instruction. B. Contractor has the necessary experience in providing professional services and advice related to fitness instruction. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. The City expects the result of Contractor's services to be the enjoyment and increased knowledge, skill, and/or ability of course participants. Contractor has sole control over the manner and means of accomplishing this result; however, the City may monitor Contractor's course(s) to confirm that this result is being achieved and that Contractor is complying with the terms of this Agreement. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of 2 years from the date first above written. The City Manager may amend the Agreement to extend it for 2 additional 2 year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION City will collect the fee specified in Exhibit "A", plus a transaction, and non-resident fee, if applicable, from each participant who registers for Contractor's course(s). As payment for Contractor's service(s), Contractor will receive an amount equal to (60%) percent of the fees specified in Exhibit "A" collected for each course, excluding transaction fees, non-resident fees City Attorney Approved Version 11 /03/17 and/or any fees that are refunded. Contractor will be required to set class fees within the current market range, excluding any fees set by City Council. The City reserves the right to deny a contract or class if fees do not fall within this range. To be paid for a course, Contractor must submit an email or written request to initiate payment to the City for all courses/camps. The request to initiate payment must be submitted after the end of the course. The request to initiate payment must be accompanied by the course/camp activity numbers. Contractor must submit written or e-mail approval for total final amount owed on Instructor Payment Due Report. Failure to list the activity numbers or approve final amount owed may result in a denial or delay in payment. In most cases, the City will pay the invoice or request for payment within ten to fifteen business days after its receipt and verification. Contractor understands that filing a false claim for payment may subject Contractor to civil penalties under California Government Code sections 12650, et seq., and Carlsbad Municipal Code section 3.32.025. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version 11 /03/17 2 8. INSTRUCTOR AND ASSISTANT(S) Contractor shall designate the Instructor in Exhibit "A" attached hereto. Contractor may utilize, at Contractor's own expense, the assistant(s) listed in Exhibit "A" to help perform the services required by this Agreement. Contractor may not utilize anyone who is not listed in Exhibit "A" without obtaining the prior approval of the Parks and Recreation Director, Recreation Area Manager or designee and, if applicable, providing the City's Parks & Recreation Department with the criminal history background check with Live Scan fingerprint and TB test information discussed in paragraph 11 and the certifications discussed in paragraph 12 below. Assistants must be at least 16 years of age and have a valid work permit. Assistant may not teach in place of the Contractor without prior approval of the Recreation Supervisor or Area Manager. Assistants teaching in place of the Contractor must be at least 18 years of age. Contractor is solely responsible for supervising the work of the assistant(s) to ensure compliance with this Agreement. 9. RATIO Contractor is responsible for maintaining the following adult to child ratios: 9.1 Classes 9.1.1. 1 Instructor for 20 students (Ages 5 and up) at most 9.1.2. 1 Instructor for 8 students (Ages 4 and below) at most 9.2 Camps 9.2.1. 1 Instructor for 15 students (Ages 5 and up) at most 9.2.2. 1 Instructor for 6 students (Ages 4 and below) at most 10. RULES AND SAFETY Contractor will be required to comply with the Carlsbad Parks & Recreation Department's Safety Rules and participate in a Contractor Instructional Services Agreement renewal meeting each year. (See 2015 Instructor Information Booklet). Contractor is also required to have all participants in classes or camps sign in and out by an authorized adult if the participant is a minor. 11. TB TEST AND BACKGROUND CHECK Prior to performing any work under this Agreement, Contractor and Contractor's assistant(s) must provide proof of a negative TB test taken within the last four years. If a course is open to minors, Contractor and Contractor's assistant(s) must complete a criminal history background check. The criminal history background check requires Contractor and Contractor's Assistant(s) to have Live Scan fingerprints processed by the City. Should Contractor or Contractor assistant(s) criminal history background check reveal the existence of prior convictions, the City may immediately terminate this Agreement and/or disqualify Contractor or Contractor's assistant(s) from performing future instructional services for the City. 12. CERTIFICATIONS If applicable, Contractor and Contractor's Assistant(s) must provide the City with the following certifications, which must remain valid throughout the duration of this contract: none required. If any certification(s) will expire during the term of this Agreement, Contractor and Contractor's Assistant(s) must provide updated proof of valid certificate(s) prior to the expiration date. 13. MANDATED REPORTER(S) If a course is open to minors, making Contractor and Contractor's assistant(s) "mandated reporters" within the meaning of California Penal Code section 11165. 7(a), Contractor and City Attorney Approved Version 11 /03/17 3 Contractor's assistant(s) will comply with the mandatory reporting requirements contained in California Penal Code section 11166, which is attached as Exhibit "B" to this Agreement. 1~ OTHERCONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 15. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 16. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 16.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 16.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 16.1.2 Athletic Participant/Participant Legal Liability and Sexual Abuse and Molestation coverage (if there are athletic participants). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version 11 /03/17 4 16.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 16.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 16.2.1 The City, its officials, employees and volunteers will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 16.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 16.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 16.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 16.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 16.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 17. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 18. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 19. NOTICES Notices between the Contractor and the City may be made by either personal delivery, email or by first-class mail. Mailed notices must be sent to the addresses listed in the introductory paragraph, unless changed in writing in accordance with this paragraph. Personally delivered notices will be considered communicated on the day they are actually received. Emailed or mailed notices will be considered communicated on the day they are actually received or five days after their mailing, whichever occurs first. City Attorney Approved Version 11 /03/17 5 The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Mark Olson Title Recreation Area Manager Department Parks & Recreation City of Carlsbad Address 799 Pine Avenue Carlsbad, CA 92008 Phone No. 760-602-4682 For Contractor Name Saleemah Muhammad Title Fitness Instructor Address 161 Sipple St. Oceanside, CA 62058 Phone No. 803-463-2880 Email Javamom27@hotmail.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 20. COURSE ADVERTISEMENT Prior to the first class date, Contractor will pull rosters from the City's ActiveNet registration software, at https://apm.activecommunities.com/cityofcarlsbad. Contractor will verify the information contained on the roster against actual attendance on the first class date and report any discrepancies to the City by the end of the next business day. Contractor will not allow a person to participate in a course unless the person appears on the course roster and has signed an electronic annual liability waiver form. 21. COURSE ADVERTISEMENT The City will advertise the Contractor's course(s) in the upcoming Community Services Guide(s) and in any other manner the City determines is appropriate. Contractor may also advertise Contractor's course(s) in any manner Contractor determines is appropriate, subject to the prior approval of the City. Marketing materials must be submitted to the City for approval at least 14 days prior to distribution. (See 2015 Contract Instructor Information Booklet). Contractor must obtain photo releases from any enrollee prior to any marketing or promotion with use of photos of enrollees. 22. ATTENDANCE Prior to the first class date of each course, the Contractor will go online to the registration website and print a class attendance sheet. Contractor will mark each day's attendance on the class attendance sheet and submit the completed attendance sheet to the City at the end of the course. Contractors are responsible for contacting participants who have not attended the first class and notify the Instructional Class Division. Sheets may be dropped in the facility mailbox prior to leaving for the evening on the last class of the course. 23. USE OF CITY FACILITIES The City will allow Contractor to use the City facility(ies) identified in the Carlsbad Community Services Guide on the day(s) and at the time(s) indicated. The rules for use of the facility(ies) are contained in Exhibit "C." Contractor is responsible for ensuring the Instructor, Instructor's assistant(s), and the participants in Instructor's course(s) are informed of and comply with these rules. Contractor must abide by the start and end times of each class/camp stated in Exhibit "A". City Attorney Approved Version 11/03/17 6 Failure to abide by the start and end time listed in Exhibit "A" for any class/camp may result in termination of contract. If any injury, lost child, or property damage occurs during a class or camp, Contractor must promptly report the injury, lost child, or property damage to the facility attendant on duty (after any necessary first aid or emergency services are rendered). The 2015 Instructor Information Booklet provide specific instructions on how to handle emergencies. The Contractor will also report as a witness on the injury/incident report. If there is no facility attendant on duty, Contractor must report the injury, lost child, incident, or property damage to the Parks & Recreation Director, a Recreation Area Manager or designee immediately. 24. CANCELING COURSE(S) The City, after first notifying Contractor, may cancel a course if the City does not receive registration forms and fees from the minimum number of at least 5 participants or the minimum specified in Exhibit "A" at least two days prior to the first class date for a course. Contractor will not be compensated for any course canceled due to low enrollment. 25. CANCELING OR RESCHEDULING CLASS DATE(S) Contractor may not cancel or reschedule a class date without the prior written approval of the City's Parks & Recreation Director, Recreation Area Manager or designee. Contractors are solely responsible for informing enrollees of any cancelations or rescheduling of classes. 26. CONFLICT OF INTEREST If requested, Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 27. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 28. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 29. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory City Attorney Approved Version 11 /03/17 7 to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 30. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, City will make a determination of fact based upon the service delivered and of the percentage of service that Contractor has performed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 31. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 32. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 33. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the City Attorney Approved Version 11 /03/17 8 County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 34. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 35. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. II II II II II II II II II II II II II II II II City Attorney Approved Version 11 /03/17 9 36. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR 5aJ ee,r'('Qt) M Ll,hruY) Md (print name/title) -= By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California AUTHORIZED TO SIGN (City Manager or Mayor or Division Director as authorized by the City Manager)] ATTEST: L j wm ,J,Q_ £ rrl(_-?!Ln.~~ BARBARA ENGLESON · City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~~----- ~City Attorney City Attorney Approved Version 11 /03/17 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ~5/>(}J DI EC} D ) ) On ~ / ~c.j/ I f3 before me, C#l}1c_LafUZ_{3t)'ck/t-l~ tu D T".AfZV /1 Here Insert Name and Title of the Ohicer Date personally appeared __ s_-_,_-,LE __ G_·_/il_A--_fl-_~R----'c-_ ~rn_U~ft_P_fYl __ rn_A-0 ____ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person"'5 whose name~ is/~ subscribed to the within instrument and acknowledged to me that l)t!7she/t\)e},' executed the same in ~/her/tt)lir authorized capacity~, and that_b}' h~/her/thp signature~on the instrument the person~ or the entity upon behalf of which the person?') acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature~~ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc~nt Title or Type of Document: g ~ ;:Dv:577-GA/e>/0/2._ Document Date: IV I fr Number of Pages: / 3 Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General ~ndividual D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______________ _ Signer Is Representing: ________ _ Signer's Name:---------::::;;~=------ D Corporate Officer - D Partner -D · D Individual r er: _____________ _ Signer Is Representing: ________ _ • ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Carlsbad Parks & Recreation Department Exhibit A -Scope of Service Instructor: Name: Saleemah Muhammad Address: 161 Sipple St, Oceanside, CA 92058 Phone: -----=80-=3:;....---=-4=63:;....--=2=-88=0::;___( Bus) ------'n'-"-=a __________ (C) Email: javamom27@hotmail.com Picture ID: Drivers Lie Class Title: "24K" Zumba Gold with Saleemah Class Description: Cha-cha, merengue, salsa, and swing are just a few of the infectious rhythms that will get you moving your feet, clapping your hands, shaking your hips and having so much fun you'll forget you're exercising! Easy-to-follow dance steps makes this class suitable for beginners and experienced alike! Class Minimum: 6 Class Maximum: 25 Ages: 50+ Fees: Instructor proposed $ _1_0_.0_0 __ ~/pp/class Assistants Name: None Address: Phone: (H) ------------ Em a ii: ----------------- 11 _________ (() Picture ID: ________ _ Exhibit A Scope of Service City of Carlsbad Parks & Recreation Department Course Outline Class Title:"24K" Zumba Gold with Saleemah Instructor: Saleemah Muhammad Class Structure: Each class will begin with brief, welcoming remarks, announcements, and introductions (instructor to new students; explanation of format; reminders regarding safety and hydration). 1) Warm-Up: (10 minutes) Moving to music, specifically for the purpose of gradually warming and loosening all the joints and major muscle groups of the body, and light toning. 2) Choreographed Cardio-fitness: (40 minutes) Dancing to a variety of rhythms, speeds, and musical genres. Two brief "recovery" breaks (30-60 seconds) will be offered, to drink water or towel off, as needed. 3) Cool-Down: (10 minutes) Moving to music, specifically for the purpose of bringing the heart rate down, balance training, and stretching. Room Set Up: 1 small table in the front of the room for sound system; 5-6 chairs placed along a wall for student seating. Sound system (Instructor provides, if needed). 12 ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 04/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Mass Merch Underwriting K&K Insurance Group, Inc. rnv,,t: 888-580-8041 .,,,. 260-459-5995 (A/C No Ext): IA/C Nol: 1712 Magnavox Way E•M,.IL info@fitnessinsurance-kk.com Fort Wayne Indiana 46804 ADDRESS: CUSTOMER ID: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Nationwide Mutual Insurance Company 23787 Saleemah Muhammad INSURER B: OBA: Saleemah Muhammad INSURERC: 161 Sipple Street INSURERD: Oceanside, CA 92058 A Member of the Sports, Leisure & Entertainment RPG INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: W01218254 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL ISUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYYl IMM/DDNYYYl A X COMMERCIAL GENERAL LIABILITY X 6BRPG0000006165600 04/25/2018 04/25/2020 EACH OCCURRENCE $1,000,000 -=:J CLAIMS-[8JoccuR 1:43 PM EDT 12:01 AM U1'1V1'<'-'C I; Ytc" r cu MADE PREMISES Ea Occurrence) $1,000,000 -MED EXP (Any one person) $10,000 -PERSONAL & ADV INJURY $1,000,000 -GENERAL AGGREGATE per year $5,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG per year $1,000,000 H POLICY o jrir DLOC PROFESSIONAL LIABILITY $1,000,000 OTHER: LEGAL LIAB TO PARTICIPANTS $1,000,000 / AUTOMOBILE LIABILITY SINGLE LIMlr (Ea accident) -ANY AUTO BODILY INJURY (Per person) -OWNED AUTOS B SCHEDULED ONLY AUTOS BODILY INJURY (Per accdent) HIRED NON-OWNED n,vrc" I Y u,,r,,A<.,t: -AUTOS ONLY AUTOS ONLY (Per accident) NOT PROVIDED WHILE IN HAWAII UMBRELLA UAB tj OCCUR EACH OCCURRENCE -EXCESS LIAB CLAIMS-MADE AGGREGATE DED n RETENTION WORKERS COMPENSATION AND N/A _j si%UTE LJ OTHER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/ Y/N E L EACH ACCIDENT EXECUTIVE OFFICER/MEMBER D E.L. DISEASE-EA EMPLOYEE EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION E.L. DISEASE -POLICY LIMIT OF OPERATIONS below A MEDICAL PAYMENTS FOR PARTICIPANTS 6BRPG0000006165600 04/25/2018 04/25/2020 PRIMARY MEDICAL 1:43 PM EDT 12:01 AM EXCESS MEDICAL $5000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Certified Instructor of: ZUMBA® Sexual Abuse or Sexual Molestation Liability -$100,000 each occurrence (included above)/$300,000 aggregate (included above) The certificate holder is added as an additional insured, but only for liability caused, in whole or in part, by the acts or omissions of the named insured. CERTIFICATE HOLDER CANCELLATION City of Carlsbad, it's officers, employees, volunteers, and agents SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 799 Pine Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Carlsbad, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. (Owner/Lessor of Premises) AUTHORIZED REPRESENTATIVE ~ ,f. / Coverage is only extended to U.S. events and activities. ** NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights reserved. POLICY NUMBER: 6BRPG0000006165600 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s} Or Organization(s) City of Carlsbad, it's officers, employees, volunteers, and agents 799 Pine Avenue Carlsbad, CA 92008 Ref: Saleemah Muhammad OBA: Saleemah Muhammad Ref: GP# 1578 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 CALIFORNIA CODES PENAL CODE SECTIONS 11164-11166 11164. (a) This article shall be known and may be cited as the Child Abuse and Neglect Reporting Act. (b) The intent and purpose of this article is to protect children from abuse and neglect. In any investigation of suspected child abuse or neglect, all persons participating in the investigation of the case shall consider the needs of the child victim and shall do whatever is necessary to prevent psychological harm to the child victim. 11165. As used in this article "child" means a person under the age of 18 years. 11165.1. As used in this article, "sexual abuse" means sexual assault or sexual exploitation as defined by the following: (a) "Sexual assault" means conduct in violation of one or more of the following sections: Section 261 (rape), subdivision (d) of Section 261.5 (statutory rape), 264.1 (rape in concert), 285 (incest), 286 (sodomy), subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 (lewd or lascivious acts upon a child), 288a (oral copulation), 289 (sexual penetration), or 647.6 (child molestation). (b) Conduct described as "sexual assault" includes, but is not limited to, all of the following: (1) Any penetration, however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen. (2) Any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person. (3) Any intrusion by one person into the genitals or anal opening of another person, including the use of any object for this purpose, except that, it does not include acts performed for a valid medical purpose. (4) The intentional touching of the genitals or intimate parts (including the breasts, genital area, groin, inner thighs, and buttocks) or the clothing covering them, of a child, or of the perpetrator by a child, for purposes of sexual arousal or gratification, except that, it does not include acts which may reasonably be construed to be normal caretaker responsibilities; interactions with, or demonstrations of affection for, the child; or acts performed for a valid medical purpose. (5) The intentional masturbation of the perpetrator's genitals in the presence of a child. (c) "Sexual exploitation" refers to any of the following: (1) Conduct involving matter depicting a minor engaged in obscene acts in violation of Section 311.2 (preparing, selling, or distributing obscene matter) or subdivision (a) of Section 311.4 (employment of minor to perform obscene acts). (2) Any person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or any person responsible for a child's welfare, who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting, or other pictorial depiction, involving obscene sexual conduct. For the purpose of this section, "person responsible for a child's welfare" means a parent, guardian, foster parent, or a licensed administratoror employee of a public or private residential home, residential school, or other residential institution. (3) Any person who depicts a child in, or who knowingly develops, duplicates, prints, or exchanges, any film, photograph, video tape, negative, or slide in which a child is engaged in an act of obscene sexual conduct, except for those activities by law enforcement and prosecution agencies and other persons described in subdivisions (c) and (e) of Section 311.3. 11165.2. As used in this article, "neglect" means 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. The term includes both acts and omissions on the part of the responsible person. (a) "Severe neglect" means the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. "Severe neglect" also means those situations of neglect where any person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered, as proscribed by Section 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care. (b) "General neglect" means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred. For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16509.1 of the Welfare and Institutions Code or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect. 11165.3. As used in this article, "the willful harming or injuring of a child or the endangering of the person or health of a child," means a situation in which any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered. 11165.4. As used in this article, "unlawful corporal punishment or injury" means a situation where any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. It does not include an amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening EXHIBIT B physical injury to person or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil, as authorized by Section 49001 of the Education Code. It also does not include the exercise of the degree of physical control authorized by Section 44807 of the Education Code. It also does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer. 11165.5. As used in this article, the term "abuse or neglect in out-of-home care" includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, unlawful corporal punishment or injury as defined in Section 11165.4, or 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, where the person responsible for the child's welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. "Abuse or neglect in out-of-home care" does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer. 11165.6. As used in this article, the term "child abuse or neglect" includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, 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. "Child abuse or neglect" does not include a mutual affray between minors. "Child abuse or neglect" does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer. 11165.7. (a) As used in this article, "mandated reporter" is defined as any of the following: (1) A teacher. (2) An instructional aide. (3) A teacher's aide or teacher's assistant employed by any public or private school. (4) A classified employee of any public school. (5) An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of any public or private school. (6) An administrator of a public or private day camp. (7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization. (8) An administrator or employee of a public or private organization whose duties require direct contact and supervision of children. (9) Any employee of a county office of education or the State Department of Education, whose duties bring the employee into contact with children on a regular basis. (10) A licensee, an administrator, or an employee of a licensed community care or child day care facility. (11) A Head Start program teacher. (12) A licensing worker or licensing evaluator employed by a licensing agency as defined in Section 11165.11. (13) A public assistance worker. (14) An employee of a child care institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities. (15) A social worker, probation officer, or parole officer. (16} An employee of a school district police or security department. (17) Any person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in any public or private school. (18) A district attorney investigator, inspector, or local child support agency caseworker unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor. (19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section. (20) A firefighter, except for volunteer firefighters. (21) A physician, surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage, family and child counselor, clinical social worker, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code. (22) Any emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code. (24) A marriage, family, and child therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code. (25) An unlicensed marriage, family, and child therapist intern registered under Section 4980.44 of the Business and Professions Code. (26) A state or county public health employee who treats a minor for venereal disease or any other condition. (27) A coroner. (28) A medical examiner, or any other person who performs autopsies. (29) A commercial film and photographic print processor, as specified in subdivision (e) of Section 11166. As used in this article, "commercial film and photographic print processor" means any person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, for compensation. The term includes any employee of such a person; it does not include a person who develops film or makes prints for a public agency. (30) A child visitation monitor. As used in this article, "child visitation monitor" means any person who, for financial compensation, acts as monitor of a visit between a child and any other person when the monitoring of that visit has been ordered by a court of law. (31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings: (A) "Animal control officer" means any person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations. (B) "Humane society officer" means any person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code. (32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, "clergy member" means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization. (33} Any custodian of EXHIBIT B records of a clergy member, as specified in this section and subdivision (d) of Section 11166. (34) Any employee of any police department, county sheriff's department, county probation department, or county welfare department. (35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 1424 of the California Rules of Court. (36) A custodial officer as defined in Section 831.5. (37) Any person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code. (38) An alcohol and drug counselor. As used in this article, an "alcohol and drug counselor" is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not in and of itself a sufficient basis for reporting child abuse or neglect. (b) Except as provided in paragraph (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children 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 instances of child abuse or neglect to an agency specified in Section 11165.9. (c) Employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5. (d) School districts that do not train their employees specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws shall report to the State Department of Education the reasons why this training is not provided. (e) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article. (f) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect. 11165.9. Reports of suspected child abuse or neglect shall be made by mandated reporters, or in the case of reports pursuant to Section 11166.05, may be made, to any police department or sheriff's department, not including a school district police or security department, county probation department, if designated by the county to receive mandated reports, or the county welfare department. Any of those agencies shall accept a report of suspected child abuse or neglect whether offered by a mandated reporter or another person, or referred by another agency, even if the agency to whom the report is being made lacks subject matter or geographical jurisdiction to investigate the reported case, unless the agency can immediately electronically transfer the call to an agency with proper jurisdiction. When an agency takes a report about a case of suspected child abuse or neglect in which that agency lacks jurisdiction, the agency shall immediately refer the case by telephone, fax, or electronic transmission to an agency with proper jurisdiction. Agencies that are required to receive reports of suspected child abuse or neglect may not refuse to accept a report of suspected child abuse or neglect from a mandated reporter or another person unless otherwise authorized pursuant to this section, and shall maintain a record of all reports received. 11165.11. As used in this article, "licensing agency" means the State Department of Social Services office responsible for the licensing and enforcement of the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code), the California Child Day Care Act (Chapter 3.4 (commencing with Section 1596. 70) of Division 2 of the Health and Safety Code), and Chapter 3.5 (commencing with Section 1596.90) of Division 2 of the Health and Safety Code), or the county licensing agency which has contracted with the state for performance of those duties. 11165.12. As used in this article, the following definitions shall control: (a) "Unfounded report" means a report that is determined by the investigator who conducted the investigation to be false, to be inherently improbable, to involve an accidental injury, or not to constitute child abuse or neglect, as defined in Section 11165.6. (b) "Substantiated report" means a report that is determined by the investigator who conducted the investigation to constitute child abuse or neglect, as defined in Section 11165.6, based upon evidence that makes it more likely than not that child abuse or neglect, as defined, occurred. (c) "Inconclusive report" means a report that is determined by the investigator who conducted the investigation not to be unfounded, but the findings are inconclusive and there is insufficient evidence to determine whether child abuse or neglect, as defined in Section 11165.6, has occurred. 11165.13. For purposes of this article, a positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse or neglect. However, any indication of maternal substance abuse shall lead to an assessment of the needs of the mother and child pursuant to Section 123605 of the Health and Safety Code. If other factors are present that indicate risk to a child, then a report shall be made. However, a report based on risk to a child which relates solely to the inability of the parent to provide the child with regular care due to the parent's substance abuse shall be made only to a county welfare or probation department, and not to a law enforcement agency. 11165.14. The appropriate local law enforcement agency shall investigate a child abuse complaint filed by a parent or guardian of a pupil with a school or an agency specified in Section 11165.9 against a school employee or other person that commits an act of EXHIBIT B child abuse, as defined in this article, against a pupil at a schoolsite and shall transmit a substantiated report, as defined in Section 11165.12, of that investigation to the governing board of the appropriate school district or county office of education. A substantiated report received by a governing board of a school district or county office of education shall be subject to the provisions of Section 44031 of the Education Code. 11166. (a) Except as provided in subdivision (d), and in Section 11166.05, a mandated reporter shall make a report to an agency specified in Section 11165.9 whenever the mandated reporter, in his or her professional capacity or 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. The mandated reporter shall make an initial report to the agency immediately or as soon as is practicably possible by telephone and the mandated reporter shall prepare and send, fax, or electronically transmit a written followup report thereof within 36 hours of receiving the information concerning the incident. The mandated reporter may include with the report any non privileged documentary evidence the mandated reporter possesses relating to the incident. (1) For the purposes of this article, "reasonable suspicion" means that it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect child abuse or neglect. For the purpose of this article, the pregnancy of a minor does not, in and of itself, constitute a basis for a reasonable suspicion of sexual abuse. (2) The agency shall be notified and a report shall be prepared and sent, faxed, or electronically transmitted even if the child has expired, regardless of whether or not the possible abuse was a factor contributing to the death, and even if suspected child abuse was discovered during an autopsy. (3) Any report made by a mandated reporter pursuant to this section shall be known as a mandated report. (b) If after reasonable efforts a mandated reporter is unable to submit an initial report by telephone, he or she shall immediately or as soon as is practicably possible, by fax or electronic transmission, make a one-time automated written report on the form prescribed by the Department of Justice, and shall also be available to respond to a telephone followup call by the agency with which he or she filed the report. A mandated reporter who files a one-time automated written report because he or she was unable to submit an initial report by telephone is not required to submit a written followup report. (1) The one-time automated written report form prescribed by the Department of Justice shall be clearly identifiable so that it is not mistaken for a standard written followup report. In addition, the automated one-time report shall contain a section that allows the mandated reporter to state the reason the initial telephone call was not able to be completed. The reason for the submission of the one-time automated written report in lieu of the procedure prescribed in subdivision (a) shall be captured in the Child Welfare Services/Case Management System (CWS/CMS). The department shall work with stakeholders to modify reporting forms and the CWS/CMS as is necessary to accommodate the changes enacted by these provisions. (2) This subdivision shall not become operative until the CWS/CMS is updated to capture the information prescribed in this subdivision. (3) This subdivision shall become inoperative three years after this subdivision becomes operative or on January 1, 2009, whichever occurs first. (4) On the inoperative date of these provisions, a report shall be submitted to the counties and the Legislature by the Department of Social Services that reflects the data collected from automated one-time reports indicating the reasons stated as to why the automated one-time report was filed in lieu of the initial telephone report. (5) Nothing in this section shall supersede the requirement that a mandated reporter first attempt to make a report via telephone, or that agencies specified in Section 11165.9 accept reports from mandated reporters and other persons as required. (c) Any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect as required by this section is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until an agency specified in Section 11165.9 discovers the offense. (d) (1) A clergy member who acquires knowledge or a reasonable suspicion of child abuse or neglect during a penitential communication is not subject to subdivision (a). For the purposes of this subdivision, "penitential communication" means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret. (2) Nothing in this subdivision shall be construed to modify or limit a clergy member's duty to report known or suspected child abuse or neglect when the clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter. (3) (A) On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in his or her professional capacity or within the scope of his or her employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this EXHIBIT B paragraph. (B) This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made. (C) The local law enforcement agency shall have jurisdiction to investigate any report of child abuse made pursuant to this paragraph even if the report is made after the victim has reached the age of majority. (e) Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, videotape, negative, or slide depicting a child under the age of 16 years engaged in an act of sexual conduct, shall report the instance of suspected child abuse to the law enforcement agency having jurisdiction over the case immediately, or as soon as practicably possible, by telephone and shall prepare and send, fax, or electronically transmit a written report of it with a copy of the film, photograph, videotape, negative, or slide attached within 36 hours of receiving the information concerning the incident. As used in this subdivision, "sexual conduct" means any of the following: (1) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals. (2) Penetration of the vagina or rectum by any object. (3) Masturbation for the purpose of sexual stimulation of the viewer. (4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer. (5) Exhibition of the genitals, pubic, or rectal areas of any person for the purpose of sexual stimulation of the viewer. (f) Any mandated reporter who knows or reasonably suspects that the home or institution in which a child resides is unsuitable for the child because of abuse or neglect of the child shall bring the condition to the attention of the agency to which, and at the same time as, he or she makes a report of the abuse or neglect pursuant to subdivision (a). (g) Any other person who has knowledge of or observes a child whom he or she knows or reasonably suspects has been a victim of child abuse or neglect may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9. For purposes of this section, "any other person" includes a mandated reporter who acts in his or her private capacity and not in his or her professional capacity or within the scope of his or her employment. (h) When two or more persons, who are required to report, jointly have knowledge of a known or suspected instance of child abuse or neglect, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report. (i) (1) The reporting duties under this section are individual, and no supervisor or administrator may impede or inhibit the reporting duties, and no person making a report shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established provided that they are not inconsistent with this article. (2) The internal procedures shall not require any employee required to make reports pursuant to this article to disclose his or her identity to the employer. (3) Reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person shall not be a substitute for making a mandated report to an agency specified in Section 11165.9. (j) A county probation or welfare department shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the law enforcement agency having jurisdiction over the case, to the agency given the responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code, and to the district attorney's office every known or suspected instance of child abuse or neglect, as defined in Section 11165.6, except acts or omissions coming within subdivision (b) of Section 11165.2, or reports made pursuant to Section 11165.13 based on risk to a child which relates solely to the inability of the parent to provide the child with regular care due to the parent's substance abuse, which shall be reported only to the county welfare or probation department. A county probation or welfare department also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision. (k) A law enforcement agency shall immediately, or as soon as practicably possible, report by telephone, fax, or electronic transmission to the agency given responsibility for investigation of cases under Section 300 of the Welfare and Institutions Code and to the district attorney's office every known or suspected instance of child abuse or neglect reported to it, except acts or omissions coming within subdivision (b) of Section 11165.2, which shall be reported only to the county welfare or probation department. A law enforcement agency shall report to the county welfare or probation department every known or suspected instance of child abuse or neglect reported to it which is alleged to have occurred as a result of the action of a person responsible for the child's welfare, or as the result of the failure of a person responsible for the child's welfare to adequately protect the minor from abuse when the person responsible for the child's welfare knew or reasonably should have known that the minor was in danger of abuse. A law enforcement agency also shall send, fax, or electronically transmit a written report thereof within 36 hours of receiving the information concerning the incident to any agency to which it makes a telephone report under this subdivision. EXHIBIT B (,~ CITY OF ~ CARLSBAD • • • Administrative Order No. 71 Date: January 2014 To: All City Departments From: Kevin Crawford, Interim City Manager Subject: Park and Facility Use Policies and Procedures Reference: Council Policy No. 28, Parks & Recreation Department Master Fee Schedule A. PURPOSE AND BACKGROUND 1. To establish processes and procedures for the use of City of Carlsbad {"city"} parks and recreation facilities ("facility"}. Administrative Order 71 was created to implement policies and procedures for park and facility use, and to provide services information to the public. B. POLICY 1. There is a high demand for use of parks & recreation facilities for a wide variety of uses. The following procedures have been established to guide staff and provide acceptable parameters for the use of parks & facilities. C. PARK AND FACILITY USE APPLICATION FOR RENTAL PERMIT 1. The Parks & Recreation Department ("department"} is responsible for the implementation of this Administrative Order. 2. Park and facility use requests shall be submitted to the department on a City of Carlsbad Park and Facility Use Application for Rental Permit ("application"} form available from the City's website at (http://www.carlsbadca.gov/recreation) or by contacting the department directly. 3. Applications for use of parks and facilities, along with full rental payment or nonrefundable application fee shall be required at the time of application submittal. The application and application/rental fees may be submitted in person or mailed to any City of Carlsbad parks & recreation facility. 4. Applications are processed in the order received . 5. City Hall Fees will be charged pursuant to the approved parks & recreation master fee schedule and by the authority of the city manager. 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I 760-720-9461 fax I www.carlsbadca.gov o. 6. Applications will be reviewed, categorized, and processed by the department. 7. A nonrefundable application fee or rental fee payment in full is required and is due at time of application submittal. 8. The application fee will be applied to the total cost of the rental and will not be refunded if the reservation is canceled. If the total rental fee is less than the amount of the application fee, the difference will be refunded after the rental has occurred. • Exception: resident nonprofit, unpaid management -where no fee is required 9. For user initiated cancellations, where rental fees were paid by personal check, a check processing fee will be charged in addition to the nonrefundable application fee. GENERAL APPLICATION PROCEDURES AND POLICIES 1. In the event of a cancellation less than 30 calendar days in advance of registration date the applicant will forfeit all rental fees paid. 2. In the event of a cancellation (with the exception of Leo Carrillo Ranch which requires 90 calendar days notice of cancellation) by the applicant 30 calendar days or more in advance, the applicant will forfeit 50% or more of fees. 3. A "no show'' fee will be assessed to resident nonprofit unpaid management users that schedule a meeting room (rooms identified at no charge) and provide less than twenty-four (24) hours notice of cancellation. 4. All checks and money orders for rental fees are to be made payable to the City of Carlsbad. 5. Applications will be accepted for specific locations, dates, and times. Time requested must include all set up and clean up time. 6. Applications should be submitted at least 30 calendar days in advance ofthe date requested. For applications submitted less than 30 calendar days in advance, these applications may be reviewed and accommodated subject to: • Facility and staffing availability; and, • • • All other necessary approvals are obtained within the available time • before the requested facility use date • Payment in full of all rental fees 2 • • • 7. Upon review of the application, department staff will determine if a certificate of liability insurance will be required for the activity at the requested facility. 8. Applications are accepted for the current calendar year. Applications for the upcoming year will be accepted beginning December 1st of the year prior to the requested reservation date. Certain exceptions to this subsection may be made by the department director or designee, depending on park or facility scheduling and availability. 9. Applications for Leo Carrillo Ranch Historic Park will be accepted up to 24 months in advance of the requested reservation date. 10. Safety Center Palowski and Fox meeting rooms are available for rental Monday through Friday 2 p.m. to 10 p.m., and Saturday 8 a.m. to 5 p.m. 11. In the event of a major city emergency, the Safety Center meeting rooms may need to be used by city officials. Groups scheduled to use the rooms will be preempted during that time. A full refund of application fee and rental fees, collected, or rescheduling of the canceled meeting will be arranged. • Department personnel will process Safety Center meeting room applications no more than thirty (30) calendar days in advance. Police, fire, and other city departments will have first priority to use the conference rooms. 12. Facilities (with the exception of parks, Alga Norte Park Aquatic Center and the Monroe Street Pool) will be closed on all city observed holidays. The Monroe Street Pool and Alga Norte Park Aquatic Center will be closed only on Thanksgiving, Christmas, and New Year's Day. 13. An extra staffing fee is required for all recreation use outside of regular hours of operation and when staff is needed to support the rental. See City of Carlsbad Facility Use Regulations for park and facility operating hours. 14. Applications will be approved for specific rooms, park areas, athletic fields, and pool lanes depending on group size, type of activity and availability. No activity shall be permitted or scheduled for more than the maximum room or facility capacity. 15. The department may refuse an application, or deny to issue or cancel any rental permit ("permit"). Written notices of denial or cancellation, with an appropriate explanation, will be provided by the department director or designee. Grounds for the denial of an application may include, but are not limited to: 3 • Unsatisfactory prior use by applicant or organization • • Hazardous condition exists • Application was submitted less than 30 calendar days in advance • Nonpayment of application fee or rental fees by due date • Higher priority activity taking place • Groups that have previously not given timely cancellation notice of activity • Applicant is under 18 years of age • Special event permit application (when required) was submitted less than 90 calendar days in advance • Refusal to consent to the special events committee's specific conditions or restrictions for the event • Failure to obtain a special event permit • Failure to submit timely and acceptable insurance documents 16. The department reserves the right to limit the number of daily, weekly, or monthly park and facility uses by any one group or organization so that the entire community may make use of the limited parks and facilities available. 17. An approved permit issued by the department director or designee will be proof of a confirmed reservation. 18. On the day of the park or facility rental and du ring the entire rental agreement period, applicant or designated day of event contact person ("event contact") must be present and have in their possession a copy of: • Facility use regulations • Submitted application form • Signed and approved permit • Valid identification (driver's license, passport, military ID card) • Special event permit, if required 19. If the applicant or event contact is not at the event or does not have copies of the items listed above, the event may be terminated. Any financial investment or preparation for an event, prior to permit approval, is solely at the applicant's risk. 20. For permits, the department director or designee may impose additional requirements on the applicant as a condition of approval. These additional requirements may include, but are not limited to: 4 • • • • E. • • Additional security guards • Additional city staff • Additional insurance or specialized insurance • Special events permit application • Proof of additional permits or licenses (e.g. Health Department or Alcoholic Beverage Control) 21. Costs incurred for additional imposed requirements shall be the sole responsibility of the applicant. 22. Upon notice of cancellation, or any financial obligations incurred by the city to accommodate the applicant or event, the applicant will be invoiced and must pay the outstanding balance within seven calendar days of the date of the invoice. 23. All groups must be under the direction or control of their own leadership. There must be at least one adult present and responsible for each twenty minors and the minimum number of adults must be present at all times. Minors are defined as those under the age of 18, except in the case where alcohol is served, when minors are defined as those persons under the age of 21 . 24. At the Alga Norte Park Aquatic Center and Monroe Street Pool, there must be at least one adult present and responsible for each twenty minors on deck. For every eight children (age eight or younger) in the pool, there must be one adult in the pool and capable of swimming. Exceptions may be made with written permission by the department director or designee. 25. Organization membership rosters may be used to assist in determining Carlsbad residency and the appropriate classification category for the use of parks and facilities. Once the determination has been made and approved by the department director or designee, the determination is final for that season and the membership rosters will be returned to the organization. 26. All park and facility rentals will be charged for the total hours used, including set up and clean up time. INSURANCE REQUIREMENTS 1. The applicant shall provide evidence of commercial general liability insurance in a form acceptable to the risk manager (and additional coverage(s) as appropriate for the activities of the park or facility use), naming the City of Carlsbad as an additional insured, and with a coverage amount to be determined by the risk manager according to the size and risk factors of the event. 5 2. Commercial general liability insurance (GCL) including athletic participant coverage (where applicable) with a minimum limit of $1 million per occurrence is required. The athletic participant coverage limit must be the same as the GCL, i.e., a lower sub-limit will not be accepted. 3. Commercial general liability insurance (GCL) including liquor liability coverage with a minimum limit of $2 million per occurrence is required when an event includes alcohol. The liquor liability coverage must be the same as the CGL, i.e., a lower sub-limit will not be accepted. 4. The risk manager may impose a higher amount for insurance depending upon additional risk factors. This coverage must be primary, without contribution from the city. 5. An insurance checklist providing details to assist applicants with insurance requirements and documents is provided with facility use applications. F. APPEAL PROCEDURES FOR APPLICATION DENIAL OR REVOKED PERMIT G. 1. Any person, organization or group believing to have been aggrieved by decisions relating to any action taken by department staff may appeal in writing with supporting documentation and within 10 calendar days of date the action was taken by staff to the Recreation Services Manager. 2. The Recreation Services Manager shall review the appeal and submission and obtain staff reports. Thereafter, a written decision will be mailed to the appealing party within 15 calendar days. 3. That decision may be appealed in writing and within 10 calendar days from the date of the Recreation Services Manager's decision to the department director. The department director shall review the matter, together with all supporting documents, and issue a written decision within 15 calendar days following the receipt of a written request for an appeal. That written decision shall be mailed to the appealing party. 4. The department director's decision is final. FACILITY PROCEDURES AND POLICIES 1. The applicant shall be required to pay in full any additional rental fees, cleaning, replacement, repairs, damages or loss to park, facility or equipment to pre-event condition. 6 • • • • • • 2. If additional rental time is added to the event, damage occurs or additional cleaning is necessary, the applicant shall be invoiced and pay the outstanding balance within seven calendar days of the date of the invoice. 3. The full rental fee is due 30 calendar days before scheduled use. 4. An application modification fee will be charged for any modifications after a permit has been approved. 5. Permit applicants that have been approved in writing by the department director or designee may be issued a key for access to off-site facilities: • Applicant is responsible for securing the facility when leaving • Applicant shall surrender the key upon demand by the department • In the event a key is not returned to the department for any reason the applicant shall be responsible for all costs related to re-keying the facility if necessary • No duplication or sharing of keys is allowed 6. Applicant or Event Contact is responsible for the following clean up at the end of their event: • Cleaning of all equipment used • Cleaning of any counter areas used • Cleaning and wiping of all tabletops used • Cleaning of any floor or carpet areas soiled or dampened • Cleaning of the kitchen and all amenities used (i.e. refrigerator, stove, oven, sink, etc.) • Putting all trash and recyclables in proper receptacles • Removal of all equipment supplies, personal articles, displays, etc., immediately following clean up 7. Proper clean up shall be determined by the department, based upon the conditions of facility report created before and after the event. 8. Department equipment (tables, chairs, public address system, and kitchen supplies) is available for use in the facilities, but may not be removed to any other location without prior written authorization by the department director or designee. 9. No alterations to or use of: duct, masking, or electrical tape, nails, staples, etc. are permitted in any facility without written permission of the department director or designee. 7 H. 10. Stagecoach and Calavera Community Centers/Gymnasiums: • Gymnasium use will not be approved or allowed when other facilities are deemed more suitable for the requested use • No food, beverages, or hard sole shoes allowed • Floor cover will be in place for all events other than sports 11. Scout groups in Carlsbad have first priority for use of Scout House, at no fee. Scout troops must submit an application to the department. An approved permit is valid only from September through June. If summer use is needed, a separate application must be submitted. 12. The throwing or use of confetti, birdseed, rice, silly string, etc. is prohibited. The use of hay and straw will not be allowed except at Leo Carrillo Ranch Historic Park with written permission by the department director or designee. 13. A three hour minimum facility rental period is required, except with the written permission of the department director or designee. PARK PROCEDURES AND POLICIES 1. Designated group picnic areas and open space can be reserved by individuals, organizations or businesses. 2. Hourly fees charged will be based on classification category and amount of time requested. 3. Organized events at parks will be charged an open space fee. 4. Park areas not reserved will be available for public use on a first come, first served basis. 5. No vehicles or trailers are permitted on grass, natural turf, or synthetic areas. 6. Car shows are not allowed on grass, natural turf, or synthetic turf areas. Car shows will be allowed in authorized parking spaces at the park as designated by the department director or designee. 7. Only those businesses that have an approved permit and current City of Carlsbad business license may operate their business in any park. 8. Any "inflatable party jumps" (also known as jump houses, and bouncy houses) set up in a park or facility must: 8 • • • • • • • Have an approved permit from the department • Be provided by a vendor from the approved list of vendors on file with the City of Carlsbad • Pay the permit fee for each inflatable party jump • Only be set up in designated areas approved by department staff • Use "quiet rated" gas generators where an electrical outlet is not available • Place generators on a plywood board that is larger than the footprint of the generator • Be no larger than 15 x 15 feet in diameter, except with the written permission of the department director or designee 9. A limited number of inflatable party jumps will be approved per facility. Inflatable party jumps without a permit must be taken down immediately. 10. City owned tennis courts may not be reserved and are available on a first come, first served basis with the exception of organized tournament play at Carlsbad High School tennis courts. • Commercial lessons are prohibited • One set of singles or two sets of doubles may be played when others are waiting for court availability • Waiting players must remain in person at court desired 11. Tournament play is not allowed at Poinsettia, Calavera, Stagecoach, La Costa Canyon and Laguna Riviera tennis courts. 12. Radio controlled/model aircraft use: • Aircraft must meet the Academy of Model Aeronautics (AMA) definition of a "park flyer model" • Pilots must be a current member in good standing of the AMA Park Flyers Program, and agree to obey the AMA National Model Aircraft Safety Code 13. A three hour minimum park rental is required except with the written permission of the department director or designee. I. ATHLETIC FIELD PROCEDURES AND POLICIES 1. The City of Carlsbad has first priority in reserving use of athletic fields . 9 2. Community sports organizations that qualify as a resident nonprofit, nonpaid management group are invited to the athletic field allocation meetings prior to their regular season. These meetings are held typically in October -November and May -June each year (see nonprofit user criteria, section N). 3. All sports organizations not previously recognized as resident, nonprofit, nonpaid management must comply with the department's nonprofit user criteria. This proof of nonprofit status needs to be verified by the Department designee a minimum of 90 calendar days prior to the athletic field allocation meeting. 4. All new and existing resident nonprofit sports organizations ("RNPSO") must complete the RNPSO athletic field use application for field use 75 calendar days prior to the field allocation meeting. 5. A minimum of 215 registered participants (70% of which must be Carlsbad residents) per sport by one governing association is required to constitute a league. 6. The department director or designee will determine athletic field allocations if league representatives are unable to reach an agreement. 7. Thirty calendar days prior to the athletic field allocation meetings, community sports organizations are required to submit their projected athletic field needs for their upcoming season. Projected athletic field needs should include preseason, opening day, practices, regular season games, and proposed tournaments. 8. Baseball/softball organizations will have priority in the spring season: January 15 -July 15; and Soccer and Pop Warner football will have priority in the fall: July 16 -January 14. 9. The department recognizes that many of the RNPSOs have both an organized competitive and recreational level of play within their sports sections. In order to establish and maintain a resident nonprofit, nonpaid management status all RNPSOs must have a minimum of 50% of its members and league play devoted to a recreational level of play and be coached by volunteers. Organizations that don't meet this percentage of recreational level of play will be assigned a lower priority category status. 10. All RNPSOs are required to submit their membership rosters 90 calendar days prior to the field allocation meeting in order to prove residency status. Department staff uses the previous year's final resident membership figures submitted by each organization to assist in determining the current year's allocation of fields. 10 • • • • • • 11. If a resident nonprofit, nonpaid management organization does not meet and maintain the 70% residency requirement for participants; the group will be assigned a lower category status and charged applicable fees for athletic field use. 12. Approved proof of liability insurance is required 30 calendar days prior to actual use of athletic fields. 13. Requests to use a snack bar facility need to be submitted at the semiannual athletic field allocation meetings. If the operation of the snack bar is subcontracted by the league to an outside business or individual, then written permission from the league, a City of Carlsbad business license, and appropriate liability insurance is required. 14. An additional fee will be assessed to each nonresident player on teams and resident nonprofit organizations that reserve athletic fields in excess of 30 calendar days per season. 15. RNPSO has first priority for reserving athletic fields and use of the batting cage where applicable . 16. 17. Resident nonprofit sports organization tournament. • A resident organization tournament is defined by the department as a culminating event in which multiple teams compete, and advance as they win their scheduled contests. There are tournaments that are structured as culminating events to the end of a regular season as a means of establishing a champion of a specific league. In this example, the same participants who participated throughout a season are matched against each other in a playoff format. There are no athletes or teams participating in this tournament that did not participate in a Carlsbad league during league play and there are no additional entry fees charged for public attendance or for teams playing in the tournament. Resident nonprofit sports organization host-invitational tournament • An invitational tournament is interpreted by the department as a tournament that includes athletes/teams of multiple organizations (resident or nonresident). The host resident organization will charge entry fees to participating teams in the tournament, but not for the public to attend. These tournaments are often used as fundraisers or special events, and fees may be charged subject to the department's master fee schedule . 11 18. Prior to approving a permit, the applicant will be required to provide evidence of insurance covering tournament play. J. PARK AND FACILITY RENTAL SPORTSMANSHIP PROGRAM CRITERIA K. 1. In order to promote the importance of good sportsmanship and ensure that Carlsbad parks & recreation programs, parks and facilities are and will remain safe places to gather, all sports organizations that request to use facilities are required to provide their membership with appropriate sportsmanship training. 2. Prior to application approval, department staff will review the sportsmanship training programs used by the applicant organizations for appropriateness. 3. All organizations not promoting a sportsmanship program as part of its organizational activities must sign and agree to abide by the City of Carlsbad Parks & Recreation Department Code of Conduct prior to obtaining authorization to utilize parks or facilities. 4. If organizations wanting to rent parks or facilities do not have active sportsmanship programs, selected representatives of the organization will be required to attend a presentation on Carlsbad's Teaching Respect, Unity, and Sportsmanship through Teamwork ("T.R.U.S.T.") program. T.R.U.S.T. promotes the philosophy of good sportsmanship which is actively embraced by the city in all of its programming. ATHLETIC CAMPS/CLINICS PROCEDURES 1. An application and permit is required for any proposed athletic camp or clinic. Applications for athletic field use during the summer months will be accepted from December 1st through December 31st. Summer months are defined as June 15th through August 31st. 2. During summer months, athletic fields may be reserved from 8 a.m. to 3:30 p.m. 3. Permit approval is contingent on appropriate insurance being approved by the risk manager, and rental fees and cleaning/damage deposit being paid. 4. For winter, spring and fall athletic camps or clinics, applications will be accepted six months in advance of the requested date ofthe athletic camp or clinic. 5. Department staff will review requests and determine field assignments. If scheduling conflicts occur, staff will contact organizations involved to work out a solution. 12 • • • • • • 6 . Athletic field assignments are not official until a permit has been approved and issued by the department director or designee, and is returned to applicant. L. LEO CARRILLO RANCH HISTORIC PARK APPLICATION PROCEDURES 1. Leo Carrillo Ranch is a national historic site and must be respected for its continued preservation. 2. Applicant must agree to sign and adhere to Leo Carrillo Ranch Historic Park facility rental pricing guidelines and procedures. M. SENIOR CENTER PROCEDURES N. o. 1. Senior Center is available for rental after 5 p.m., Monday through Friday, and after 8 a.m. on Saturday and Sunday. On Friday and Saturday nights, facility rentals must end by 12 a.m., with a departure time no later than 1 a.m. Monday through Thursday and on Sundays, facility rentals must end by 10 p.m., with a departure time not later than 11 p.m. 2. Limited seating re-configuration for dining room rentals will be considered. Set up for head tables and buffet lines are acceptable . 3. Displayed decorations or pictures are not to be removed from dining room. Removal of any decorations without prior written approval by senior center staff may result in the assessment of fees. 4. A three hour minimum rental required except with written permission of department director or designee. ALGA NORTE PARK AQUATIC CENTER 1. Applicant must agree to adhere to Alga Norte Park Aquatic Center facility use regulations. NON PROFIT USER CRITERIA 1. In order to qualify as resident nonprofit, non paid management user group, the organization must meet all of the following criteria: • The organization must be registered as a nonprofit corporation with the State of California and be a Carlsbad Chapter 13 • In addition to the state nonprofit corporation status, the organization must provide the department their Articles of Incorporation or Constitution and bylaws that clearly state that the objective of the organization is of a nonprofit, noncommercial nature • Classification assignment for sports organizations utilizing athletic fields will be based on player rosters, including player addresses, and the organization must have 70% of the players residing in Carlsbad to qualify for resident nonprofit groups. Groups that do not have 70% of players residing in Carlsbad will be placed into a lower priority category • Verification of Carlsbad residency is required • Board meeting minutes from the last three meetings 2. Nonprofit sports organizations requesting athletic field use are required to submit player rosters a minimum of 90 calendar days prior to the field allocation meeting. The rosters must be verified by one governing association (main chapter parent organization), which will be used to determine classification status. These rosters must come from the governing organization and be signed by the league's board of officers. Player addresses with a post office box number will not be accepted. If governing organization does not exist, then staff will need temporary access to • requesting organizations on line registration account to verify residency. • 3. Department staff will return rosters once classification is determined. Once the classification determination has been made by staff and approved by the department director, the decision is final. 4. The organization must submit the following documents: • The documents identified in 0-1 above. • Financial verification of organization's tax exemption from income tax returns/filings. Department of the Treasury form 990 and S0l(c) approved determination letter from the IRS is required, Application for Recognition form 1023, and filed financial records from previous two years. • A signed statement verifying item 1 above. Sports organizations see numbers 3 and 4 above. • A Carlsbad charter. 14 • • ACTION This Administrative Order becomes effective immediately. Dated: _ ___;;_;_;.-1-.,__,,_ ____ _ Interim City Manager • • 15