HomeMy WebLinkAboutColleen, Marcie; 2023-03-28;City Attorney Approved Version 1/10/2023
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AGREEMENT FOR WRITING PROGRAM SERVICES
MARCIE COLLEEN SOLE PROPRIETOR
THIS AGREEMENT is made and entered into as of the ______________ day of
_________________________, 20___, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Marcie Colleen, a Sole Proprietor, ("Contractor").
RECITALS
A. City requires the professional services of an instructor that is experienced in
teaching writing programs, workshops, camps, and classes.
B. Contractor has the necessary experience in providing professional services and
advice related to advice related to writing programs, workshops, camps and classes.
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
The City expects the result of Contractor the enjoyment and increased
knowledge, skill, and/or ability of course participants. Contractor has sole control over the
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 five years from the date first above
written. The City Manager may amend the Agreement to extend it for two additional three 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.
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accordance with this Agreement's terms and conditions.
's services to be
28th
manner and means of accomplishing this result; however, the City may monitor Contractor's
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5. COMPENSATION
City will collect the fee listed in the recreation registration software located at
http://secure.rec1.com/CA/carlsbad-ca/catalog, plus a transaction fee that covers bank charges,
software maintenance and administrative costs, and non-resident fee, if applicable, from each
Contractor will receive an amount equal to sixty percent (60%) of the fees collected for each
course, excluding transaction fees, non-resident fees 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
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.
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participant who registers for Contractor's course(s). As payment for Contractor's service(s),
Agreement. At the City's election, City may deduct the indemnification amount from any balance
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8. INSTRUCTOR AND ASSISTANT(S)
Contractor may utilize, at
required by this Agreement. Contractor
without obtaining the prior approval of the Parks and Recreation Director, Recreation Area
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 adult to child ratios approval by the Parks and
Recreation Director, Recreation Area Manager or designee and based on the following
guidelines:
9.1 Classes/Camps
9.1.1. 1 Instructor for 8 students (Ages 4 and below) at most
9.1.2. 1 Instructor for 24 students (Grades K - 3) at most
9.1.3. 1 Instructor for 32 students (Grades 4 - 6) at most
9.1.4. 1 Instructor for 36 students (Grades 7 - 12) at most
10. RULES AND SAFETY
Contractor will be
Rules and may be required to participate in a Contractor Instructional Services Agreement
renewal meeting each year. (See
Instructional Services Guidelines & Procedures Manual). Contractor should have all participants
in classes or camps be signed in and out by an authorized adult if the participant is a minor.
11. TB TEST AND BACKGROUND CHECK
tant(s)
must provide proof of a negative TB test taken within the last four years. If a course is open to
check. The criminal history background check requires C
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
assistant(s) from performing future instructional services for the City.
12. CERTIFICATIONS
If applicable, City with the following
certifications, which must remain valid throughout the duration of this contract: [N/A]. If any
certification(s) will expire during the term of this Agreement, Contractor an
Assistant(s) must provide updated proof of valid certificate(s) prior to the expiration date.
13. MANDATED REPORTER(S)
of California Penal Code section 11165.7(a), Contractor and
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Contractor shall designate the Instructor in Exhibit "A" attached hereto.
Contractor's own expense, the assistant(s) listed in Exhibit "A" to help perform the services
may not utilize anyone who is not listed in Exhibit "A"
Manager or designee and, if applicable, providing the City's Parks & Recreation Department
required to comply with the Carlsbad Parks & Recreation Department's Safety
Prior to performing any work under this Agreement, Contractor and Contractor's assis
minors, Contractor and Contractor's assistant(s) must complete a criminal history background
ontractor and Contractor's Assistant(s)
Agreement and/or disqualify Contractor or Contractor's
Contractor and Contractor's Assistant(s) must provide the
d Contractor's
If a course is open to minors, making Contractor and Contractor's assistant(s) "mandated
reporters" within the meaning
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California Penal Code section 11166,
14. OTHER CONTRACTORS
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.
-administered wor
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
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 i List of Approved Surplus Line Insurers (LASLI) with a rating
; 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.
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Contractor's assistant(s) will comply with the mandatory reporting requirements contained in
which is attached as Exhibit "B" to this Agreement.
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 kers'
arise out of or in connection with performance of the services by Contractor or Contractor's
nsurer on the State of California's
in the latest Best's Key Rating Guide of at least "AX"
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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.
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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 For Contractor
Name Majka Penner Name Marcie Colleen
Title Senior Program Manager Title Sole Proprietor
Department
Departments of Park and
Recreation Address 2542 Front St. #4
City of Carlsbad San Diego, CA 92103
Address 799 Pine Ave #200 Phone No. 646-678-1856
Carlsbad, CA 92008 Email marciecolleen@gmail.com
Phone No. 442-339-2855
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 ROSTER
Prior to the first class date, Contractor CivicRec registration
software, at http://secure.rec1.com/CA/carlsbad-ca/catalog. 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 electronic Community
Services Guide(s) and in any other manner the City determines is appropriate. Contractor may
also advertise Contractor 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. (Instructional Services Guidelines & Procedures
Manual). 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 may be asked to
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)
Contractor is responsible for ensuring the
urse(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 .
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will pull rosters from the City's
's course(s) in the upcoming
's course(s) in any manner
are contained in Exhibit "C."
assistant(s), and the participants in Instructor's co
mark each day's
Instructor, Instructor's
" "
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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 Instructional Services
Guidelines & Procedures Manual 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 participants specified in 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
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
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" ,,
Exhibit "A"
City's Parks & Recreation Director, Recreation Area Manager or designee.
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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
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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.
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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 CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here) Department Director
as authorized by the City Manager
Marcie Colleen/Sole Proprietor
(print name/title)
ATTEST:
By:
(sign here) SHERRY FREISINGER
City Clerk
(print name/title)
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, Secretary,
President, or Assistant Secretary,
Vice-President 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:
CINDIE K. McMAHON, City Attorney
BY: _____________________________
Deputy City Attorney
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SCOPE OF SERVICES
Camp Title: Leo Carrillo Creative Writing Camp
Instructor: Marcie Colleen
Class Description:
Young writers will explore and write about the great outdoors in this hands-on, experiential
camp. Inspired by Leo Carrillo's book, The California I Love, campers will observe, write,
draw, and reflect on their own personal experiences to deepen their relationship to
nature and identity as Californians. Various types of writing will be introduced throughout
the week. On the last day, campers will go home with their own book about the California
they love.
Class Minimum: 8
Class Maximum: 24
Fees: Varies subject to increase
Ages: Varies
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EXHIBIT "A"
EXHIBIT B
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
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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
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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
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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 nonprivileged 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
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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.
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Administrative Order 71rrevised Nov. 27, 2018}
This order supersedes Administrative Order No. 71, dated Feb. 10, 2014
Date: November 27, 2018
To:
From :
Subject:
Reference:
All City Departments
Scott Chadwick, City Manager
Park and Facility Use Policies and Procedures
Council Policy No. 28, CMC 11.32
A. PURPOSE AND BACKGROUND
{cityof
Carlsbad
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 application fee shall be
required at the time of application submittal and may be subject to a nonrefundable fee. 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. Fees will be charged pursuant to the approved parks & recreation master fee schedule and by the
authority of the city manager.
City Hall
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I 760-720-9461 fax I www.carlsbadca.gov
DocuSign Envelope ID: 23428667-6CDD-4674-AC6A-DB16D8C24055
6. Applications will be reviewed, categorized, and processed by the department.
7. 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
8. 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.
D. 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. All park and facility rentals will
be charged for the total hours used, including set up and clean up time.
6. Applications should be submitted at least 14 calendar days in advance of the date requested. For
applications submitted less than 14 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
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 will be accepted up to 12 months in advance ofthe requested reservation date.
Exception: Applications for Leo Carrillo Ranch Historic Park will be accepted up to 24 months in advance
of the requested reservation date.
9. Facilities will be closed only on Thanksgiving, Christmas, and New Year's Day.
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10. An extra staffing fee is required for all recreation use outside of regular posted 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.
11. 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.
12. 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:
• Unsatisfactory prior use by applicant or organization
• Hazardous condition exists
• Application was submitted less than 14 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
13. 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.
14. An approved permit issued by the department director or designee will be proof of a confirmed
reservation.
15. On the day of the park or facility rental and during 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
16. 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.
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17. 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:
• 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)
18. Costs incurred for additional imposed requirements shall be the sole responsibility of the applicant.
19. 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.
20. 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.
21. 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.
22. 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.
E. 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, arid with a coverage amount to be
determined by the risk manager according to the size and risk factors of the event.
2. Commercial general liability insurance (GCL) including athletic participant coverage (where
applicable) with a minimum limit of $1million 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.
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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
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.
G. 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.
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
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• 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. Tables and chairs are 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.
10. Stagecoach, Calavera and Pine Ave . 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
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 two-hour minimum facility rental period is required, except with the written permission of the
department director or designee.
H. 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 oftime 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.
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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:
• 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 two-hour minimum park rental is required except with the written permission of the department
director or designee.
I. PARK AND FACILITY RENTAL SPORTSMANSHIP PROGRAM CRITERIA
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.
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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.
J. 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. Permit approval is contingent on appropriate insurance being approved by the risk manager, and
rental fees and cleaning/damage deposit being paid.
3. For winter, spring and fall athletic camps or clinics, applications will be accepted one year in
advance of the requested date of the athletic camp or clinic.
4. Department staff will review requests and determine field assignments. If scheduling conflicts
occur, staff will contact organizations involved to work out a solution.
5. 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.
K. 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.
L. SENIOR CENTER PROCEDURES
1. Limited seating re-configuration for dining room rentals will be considered. Set up for head tables
and buffet lines are acceptable.
2. 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.
3. A two-hour minimum rental required except with written permission of department director or
designee.
M . ALGA NORTE PARK AQUATIC CENTER
1. Applicant must agree to adhere to Alga Norte Park Aquatic Center facility use regulations.
N. RESIDENT NONPROFIT ORGANIZATION USER CRITERIA
1. In order to qualify as resident nonprofit, non paid management user group, the organization must
meet all of the following criteria:
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• The organization must be registered as a nonprofit corporation with the State of California and be a
Carlsbad Chapter.
• In addition to the state nonprofit corporation status, the organization must provide the
department their Articles of Incorporation or Const itution 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.
ministrative Order becomes effective immediately.
SCOTT CHADWICK
City Manager
9
EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: 2023-065
CERTIFICATE OF INSURANCE
SPECIAL EVENT LIABILITY PROGRAM
PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED)
Alliant Insurance Services, Inc. in conjunction with
Apex Insurance Services
P O Box 8473
Pasadena, CA 91109
License No: OC 36861
Leo Carrillo Ranch Historic Park
City of Carlsbad
6200 Flying Leo Carrillo Lane
Carlsbad, CA 92009
NAMED INSURED (EVENT HOLDER):
Marcie Colleen (V028991)
2542 Front St. #4
San Diego, CA 92103
EVENT INFORMATION:
TYPE: I
DATE(S): 01/01/2023-12/31/2023
LOCATION: Leo Carrillo Historic Park
*Liquor Liability Yes No X
**Liquor Liability after 12 am ends before 2 am
This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy
period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless
amended as described in Special Conditions.
INSURANCE CARRIER: Evanston Insurance Company
MASTER POLICY NUMBER MKLV7PBC001381
MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2023 EXPIRATION: JANUARY 1, 2024
COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products & Completed Operations
Personal & Advertising Injury Each Occurrence Limit
Damage To Premises Rented To You (Any One Premises)
Medical Payments (Any One Person)
Liquor Liability (If purchased)
Optional Limits Purchased
$1,000,000/$3,000,000
$2,000,000/$2,000,000
Damage To Property (If purchased)
$ 2,000,000
1,000,000
1,000,000
1,000,000
100,000
5,000
1,000,000
OCCURRENCE FORM
DEDUCTIBLE: NONE
SPECIAL CONDITIONS:
The following endorsements attached to
the Master Policy do not apply to this
Certificate Of Insurance:
MEGL643
The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event.
OTHER ADDITIONAL INSUREDS
CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy
provisions.
AUTHORIZED REPRESENTATIVE:
DATE ISSUED:
DocuSign Envelope ID: 23428667-6CDD-4674-AC6A-DB16D8C24055
□ □ □
□ □
EVANSTON INSURANCE COMPANY
CERTIFICATE NO.: 2023-065
CERTIFICATE OF INSURANCE
SPECIAL EVENT LIABILITY PROGRAM
PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED)
Alliant Insurance Services, Inc. in conjunction with
Apex Insurance Services
P O Box 8473
Pasadena, CA 91109
License No: OC 36861
Leo Carrillo Ranch Historic Park
City of Carlsbad
6200 Flying Leo Carrillo Lane
Carlsbad, CA 92009
NAMED INSURED (EVENT HOLDER):
Marcie Colleen (V028991)
2542 Front St. #4
San Diego, CA 92103
EVENT INFORMATION:
TYPE: I
DATE(S): 01/01/2023-12/31/2023
LOCATION: Leo Carrillo Historic Park
*Liquor Liability Yes No X
**Liquor Liability after 12 am ends before 2 am
This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy
period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless
amended as described in Special Conditions.
INSURANCE CARRIER: Evanston Insurance Company
MASTER POLICY NUMBER MKLV7PBC001381
MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2023 EXPIRATION: JANUARY 1, 2024
COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products & Completed Operations
Personal & Advertising Injury
Each Occurrence Limit
Damage To Premises Rented To You (Any One Premises)
Medical Payments (Any One Person)
Liquor Liability (If purchased)
Optional Limits Purchased
$1,000,000/$3,000,000
$2,000,000/$2,000,000
Damage To Property (If purchased)
$ 2,000,000
1,000,000
1,000,000
1,000,000
100,000
5,000
1,000,000
OCCURRENCE FORM
DEDUCTIBLE: NONE
SPECIAL CONDITIONS:
The following endorsements attached to
the Master Policy do not apply to this
Certificate Of Insurance:
MEGL643
The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event.
OTHER ADDITIONAL INSUREDS
CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy
provisions.
AUTHORIZED REPRESENTATIVE:
DATE ISSUED:
□ □ □
□ □