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HomeMy WebLinkAbout2024-04-16; City Council; Resolution 2024-073RESOLUTION NO. 2024-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH MASTER CONCEPTS, LLC, OBA MASTER SPORTS, FOR YOUTH BASKETBALL LEAGUE ADMINISTRATION SERVICES IN AN AMOUNT NOT TO EXCEED $360,000 PER YEAR FOR THE INITIAL TWO-YEAR TERM OF THE AGREEMENT, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO APPROPRIATE $55,000 FROM THE GENERAL FUND TO THE PARKS & RECREATION DEPARTMENT'S FISCAL YEAR 2023-24 OPERATING BUDGET WHEREAS, the Parks & Recreation Department offers a youth basketball program for boys and girls in -kindergarten through eighth grade. The program, consisting of weekly practices and games, is offered during the winter, spring, summer and fall seasons; and WHEREAS, the Parks & Recreation Department has determined that offering youth basketball programming through a best value determined contractor allows the city to receive high quality youth basketball program administration that is anticipated to help promote further growth while maintaining the program quality, without the need for substantial staffing and procurement of materials and supplies; and WHEREAS, the current agreement with Master Concepts, LLC for youth basketball program administration expires on April 18, 2024; and WHEREAS, on Jan. 4, 2024, a request for proposals, or RFP, was advertised for youth basketball league programming; and WHEREAS, the RFP detailed that the chosen contractor would be responsible for management and oversight of the youth basketball program, including procuring materials and supplies, conducting evaluations and forming teams, recruiting volunteers, scheduling practices and games, and assigning staff; and WHEREAS, on Feb. 5, 2024, staff received three responsive submittals and distributed copies to a selection committee comprised of Parks & Recreation Department staff; and WHEREAS, the responses to the RFP were evaluated pursuant to Municipal Code section 3.28.060; and WHEREAS, staff performed a best value evaluation of the proposals, based on five categories of pre-established weighted criteria: (1) Qualifications, experience and history; (2) Scope of services, (3) Cost of Services, (4) Participant satisfaction plan, and (5) Employees; and WHEREAS, the selection committee ranked Master Concepts' proposal the highest as the best value contractor for the program administration; and WHEREAS, the selection committee recommends the execution of an agreement with Master Concepts for youth basketball league administration services; and WHEREAS, the proposed agreement with Master Concepts is for an amount not to exceed $360,000 per year for the initial two-year term; and WHEREAS, Master Concepts will receive an amount equal to 67.5% of the program registration fees collected, excluding transaction fees, non-resident fees and fees that are refunded. The city will retain 32.5% of program registration fees collected; and WHEREAS, higher initial costs are being driven by increased participation in the program, and higher revenues will result from the increased participation, and an increase in the participant fee; and WHEREAS, an appropriation of $55,000 from the General Fund to the Parks & Recreation Department's Fiscal Year 2023-24 Operating Budget is needed to address the higher initial costs; and WHEREAS, funds required for the balance of the agreement will be requested in the Parks & Recreation Department's subsequent fiscal year Operating Budgets; and WHEREAS, the City Planner has determined this action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager is authorized to execute the agreement with Master Concepts, LLC dba Master Sports, for youth basketball league administration services, in an amount not to exceed $360,000 per year for the initial two-year term of the agreement (Attachment A). 3. That the City Manager is authorized to amend the agreement to extend the term for up to two additional two-year periods or parts thereof. 4. That the City Manager, or designee, is hereby authorized to appropriate $55,000 from the General Fund to the Parks & Recreation Department's Fiscal Year 2023-24 Operating Budget. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of April, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH B~ACKBURN, Mayor Olt j., SHERRY FREISINGER, City Clerk (SEAL) DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-B49E-98EB3192724F AGREEMENT FOR YOUTH BASKETBALL LEAGUE ADMINISTRATION SERVICES MASTER CONCEPTS, LLC DBA MASTER SPORTS Attachment A THIS AGREEMENT is made and entered into as of the \ '1--tt.. day of A-(? ( \ \ . 201j. by and between the City of Carlsbad, California, a municipal corporation ("City") and Master Concepts, LLC dba Master Sports, a single member limited liability company, ("Contractor"). RECITALS A. City requires the professional services of a consu ltant that is experienced in coordinating and administering youth basketball leagues. B. Contractor has the necessary experience in providing professional services and advice related to youth basketball leagues. 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 cdvenants 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. 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 two (2) year(s) from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year(s)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 The total fee payable for the Services to be performed during the initial Agreement term shall not exceed seven hundred twenty thousand dollars ($720,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed three hundred sixty thousand dollars ($360,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." Page 1 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-849E-98EB3192724F Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 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 su_bcontractor 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 specifica lly noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys 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. Page 2 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 6E316B2F-F1 ED-4ADO-B49E-98EB3192724F 10. 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. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless 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. 10.1.1 Commercial General Liability (CGLl Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with lim its no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 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. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. Page 3 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F 10.2.3 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. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 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. 10.5 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. 11. 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. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. 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. 15. NOTICES 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 are: Page 4 City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 6E316B2F-F1 ED-4ADO-B49E-98EB3192724F For Cit){ For Contractor: Name Kyle Lancaster Name Dan Ekeroth Title Parks & Recreation Director Title Owner Dept Parks & Recreation Address 5270 Eastgate Mall CITY OF CARLSBAD SAN DIEGO, CA 92121 Address 799 Pine Avenue, Suite 200 Phone 858-518-1315 Carlsbad, CA 92010 Email dan@mastersports.com Phone 442-339-2941 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 . 16. CONFLICT OF INTEREST 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 as required in the City of Carlsbad Conflict of Interest Code. Yes □ No IZl If yes, list the contact information be low for all individuals required to file: Name Email Phone Number 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed offederal, state and local laws and ordinances and regu lations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Cont ractor 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. 18. CALIFORNIA AIR RESOURCES BOARD (CARB} ADVANCED CLEAN FLEETS REGULATIONS Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may t herefore be subject to requirements to reduce Page S City Attorney Approved Version 12/22/2023 DocuSign Envelope ID: 6E31 6B2F-F1 ED-4AD0-B49E-98EB3192724F emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federa l laws and regulations prohibiting discrimination and harassment. 20. 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 reso lution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and sofutions 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 avai lable to them at law. 21. 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 work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement comp leted. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of th is Agreement by either party and upon request of City, Contractor will assemble the work ·product and put it in order for proper filing and clos ing 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. 22. 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. City Attorney App roved Version 12/22/2023 Page 6 DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-849E-98EB3192724F 23. 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 fa lse 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. • • 24. 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 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. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed thafthis Agreement will be binding upon City and Contractor and their respective successors. Neither t his 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. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by h, alor:ig with the purchase order for this Agreement and its provisions, embody the e.ntire 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. This Agreement may be executed in counterparts. City Attorney Approved Version 12/22/2023 Page 7 DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F 27. 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 Master Concepts, LLC dba Master Sports, a single member limited liability company By: v(U,\, fku-~ (sign here) Dan Ekeroth, Owner (print ~_ame/title) By: N/ A -Sing le Signer (sign here) (print name/title) CITY By: ATTEST: LSBAD, a municipal corporation of California SHERRY FREISINGER, City Clerk By : Deputy City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. ~ corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, Pres ident, 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: CINDIE K. McMAHON, City Attorney BY: OLJur(A, FrtJst Deputy/ Assistant City Attorney City Attorney Approved Version 12/22/2023 Page 8 City Attorney Approved Version 12/22/2023 Page 9 EXHIBIT A SCOPE OF SERVICES AND FEE Master Sports (Contractor) will manage, oversee, and operate year-round youth basketball leagues for the city of Carlsbad. Services include but are not limited to: 1. Registration a. After consulting with the city, skills assessments will be scheduled for all divisions. Schedules will include days, times, and locations. b. Skills assessments will be conducted at the community center associated with the league. c. Registration will begin as early as three months prior to the first skills assessment date. I. Registration will close by 12 p.m. on the day of assessments for each division. 2. Recruitment and Organization of Volunteer Coaches a. Throughout the registration process, all league participants who have registered through carlsbadca.gov/carlsbadconnect will receive updates via email from Contractor including: I. Reminders of division-specific assessment dates, times, and locations. II. Requests for volunteer participation as coaches. b. All volunteer coaches are required to complete the following: I. Live Scan fingerprint and background check through a facility approved by City. The coordination, costs and oversight associated with this service are the responsibility of the Contractor. II. Sign and return a Code of Conduct Agreement to Contractor which outlines expectations for behavior of coaches at practices and games. III. Complete a supplemental questionnaire to ensure eligibility to be in direct supervision of players. Complete volunteer application. c. If any divisions do not have ample volunteer coaches by the time of skills assessment: I. All parents will be asked about coaching availability during skills assessment check- in. II. Contractor will contact the volunteer liaison at Camp Pendleton Marine Base to help find community volunteers. III. Contractor will contact local high schools to help find high school volunteer coaches. High school volunteer coaches must have parent supervision at all practices and games if younger than 18 years of age. 3. Skills Assessments a. Once registration has closed, each division will meet for a brief assessment of individual players' skills to help create balanced teams. Attendance is mandatory for all players. b. At sign in, each player will receive an evaluation number for coaches to reference. The height of each player will be measured and recorded at check-in. c. Coaches are asked to attend skills assessments for all divisions and are provided with grading sheets to take notes on each player. d. Skills assessment procedures: I. Kindergarten, 1 st and 2nd grade coed divisions will have each player take a tum dribbling down court, shooting twice at one hoop, dribbling back to the other hoop ad shooting two more times. DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-B49E-98EB3192724F City Attorney Approved Version 12/22/2023 Page 10 II. For all divisions 3rd grade and higher, players will participate in 4v4 full court scrimmages. Each scrimmage will last five to six minutes while coaches take notes on the skill levels of each player. III. A representative of Contractor will also take notes for each division. 4. Draft Process a. Teams in kindergarten, 1 st and 2nd grade divisions will be formed by Contractor. I. Contractor will provide coaches a list of information for each player in the division including: Evaluation number Name Age Height Grading/ranking Practice schedule limitations if any II. Coaches will send back grading for no more than their top 20-30 ranked players. III. Teams will be drafted based on grading by Contractor and notes provided by division coaches. b. Teams in all divisions 3 rd grade and higher will be formed via an in-person draft process. I. Contractor will provide coaches a similar list of participants outlined above. II. With City coordination, a classroom/activity room will be scheduled for draft night(s) III. Coaches are required to attend the draft or send someone in their place. IV. Using personal notes and Contractor's notes, coaches will draft their own teams to help create balanced teams. c. All drafts are done in a "snake draft" format. I. Numbers will be randomly drawn to assign draft position. II. The first team to draft in the first round is then the last team to draft in the second round, until all players have been selected. d. Procedures to identify skill level of players absent at evaluations. I. Schedule a second, makeup evaluation date. II. Contact parents via email/phone to identify past basketball experience, height, and estimated skill levels of each absent player. III. Use notes from previous seasons as a reference for estimated skill. 5. Scheduling of Practices a. Contractor will contact City to identify weekly gym hours/courts required based on the number of teams for each location. b. Available practice times will be sent to all coaches. I. Coaches will be given a specific day and time to reply via email with a list of their top three or four practice days/times. Preferences will be accommodated on a first respond, first serve system. II. Coaches who have multiple teams in different divisions receive priority and may respond earlier to accommodate back-to-back practices, if desired. III. Coaches will be notified of assigned practice day(s) and time(s) IV. Practice schedules, including individual team reservations, will be provided to facility staff, and posted online via the Contractor's website. DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-B49E-98EB3192724F ✓ ✓ ✓ ✓ ✓ ✓ City Attorney Approved Version 12/22/2023 Page 11 6. Coach Clinic a. Prior to the first games of the season, the Assistant League Director will organize and conduct a coach's clinic. Topics will include: I. Practice outlines including different drills, mini-games, and scrimmages that can be used throughout the season. II. Overview of game day procedures, including arrival times, staying until all players have been picked up, jersey colors, seating, etc. III. Review and answer all questions related to league rules. 7. Roster Contact a. Rosters will be sent to coaches once teams are formed and all necessary background paperwork is complete. All roster and contact information will include: I. Player evaluation number II. Player name III. Player age IV. Parent name V. Parent phone number(s) VI. Parent email address b. Coaches are asked to contact team members within 24 hours of receiving rosters. 8. Game Scheduling a. A breakdown of weekly gym hours/court use will be provided to City for approval, including set up time, game times, number of courts, and end time for each location. b. Once approved, regular season and playoff games will be scheduled for all divisions. c. A first draft of game schedules will be made available to all coaches, and any required revisions within reason will be made. d. After coaches have reviewed game schedules, they will be released to all parents of league participants no less than two weeks prior to the start of the regular season. e. Game schedules will be available online via the Contractor's website and Tourney Machine App. I. Tourney Machine App allows for participants to quickly and easily view game schedules on a phone, tablet, or mobile device. II. Parents can view the division schedules, team schedules, and game outcomes. 9. Game Day Procedures a. A site supervisor will arrive no later than 30 minutes prior to the first game. I. Upon arrival, the site supervisor will set up score tables, score books, bring game balls, lower/raise basketball backboards, and dry mop/sweep gym playing surface. II. Site supervisor will remain on site to help instruct coaches/participants, provide direction to court and benches, answer questions regarding league rules, and ensure coaches and players conduct themselves in an appropriate manner. III. Site supervisor will remain on site until the end of the final game and ensure all players are accounted for and picked up. IV. Site supervisor will help clean up at the end of each game day. Pick up any trash/water bottles left behind. Put away scorebooks, score tables, game balls, chairs, and scoreboard units. 10. Discipline for Unsportsmanlike Behavior a. Unsportsmanlike conduct will be handled on a strict zero tolerance policy. Any coach or DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-B49E-98EB3192724F ✓ ✓ City Attorney Approved Version 12/22/2023 Page 12 player who receives a technical foul for language, physical actions, or anything else unrelated to game play will be immediately ejected from the game and will be suspended from the next scheduled game. b. Parents who are disruptive will be asked to leave the gym facility if deemed necessary by Contractor, and a suspension for the following game may also apply. c. Program provider shall apply to all parents, players, officials, and contractor staff member the City of Carlsbad Parks & Recreation TRUST Program (sportsmanship) 11. Referees and Scorekeepers a. All game referees and scorekeepers will be scheduled through San Diego Sports Officials (SOSO), or an approved association by city. b. SOSO, or an approved association will receive game schedules with instructions pertaining to which games require one or two referees, including instructions for scorekeepers. 12. League Rules a. See Exhibit B for Carlsbad Youth Basketball League Rules. 13. Public Marketing a. Previous league participants will receive seasonal update email reminders about upcoming basketball seasons. The database will update at the culmination of each season, and recipients may opt out from receiving emails at any time. b. Contractor will set up banners/tents at league-related events. c. Contractor will use electronic flyers, lobby flyers and social media to market leagues to the public. 14. Supplies a. Contractor will procure all league related supplies including uniforms, awards, score books, game balls, staff, officials, etc. at their expense. 15. Communication a. Contractor will receive and respond to all league related inquiries with one (1) business day. b. Contractor will attend any meeting deemed mandatory by the city. c. Contractor will submit in writing within twenty-four (24) hours of any incidents or injuries that occur at all games. 16. Compensation a. City will collect the registration fee plus a transaction and non-resident fee from each participant who registers for the youth basketball league. As payment for Contractor's service(s), Contractor will receive an amount equal to sixty-seven and a half percent (67.5%) of the registration fee collected, excluding transaction fees, non-resident fees and/or any fees that are refunded. b. The registration fee will be $215.00 per participant for the Summer 2024 season. c. The registration fee will be $215.00 per participant for the Fall 2024 season. d. The registration fee will be $215.00 per participant for the Winter 2024-25 season. e. The registration fee will be $215.00 per participant for the Spring 2025 season. f. A salary fee study will be conducted for possible new participant fee starting summer 2025. g. City will pay Contractor once the youth basketball league is complete. Contractor must initiate an email to Recreation Supervisor and Recreation Area Manager to request payment. Parks & Recreation staff member will issue a payment request form for contractor DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-B49E-98EB3192724F City Attorney Approved Version 12/22/2023 Page 13 to sign. Staff will submit for payment which can be up to two-three weeks. 17. League Schedule and Fees a. The schedule will include four (4) leagues per year: I. Spring II. Summer III. Fall IV. Winter b. The participant fee will include: I. High quality reversible jersey set including tops and shorts. II. Individual 1 st place or 2nd place trophies for all players that advance to the championship game of the division. III. Access to minimum of a once-a-week indoor practice at community center of registration IV. A minimum of eight games per season per player, and up to 13 games including payoffs. Divisions where score is not kept will not have playoffs. V. Two referees per game for divisions where standings are kept, and one referee per game otherwise. VI.Once scorekeeper per game where score is kept. Agreement not to exceed $360,000 per agreement year. DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-B49E-98EB3192724F City of Carlsbad 1 City of Carlsbad 1 ROLES & BEHAVIOR T.R.U.S.T. CODE OF ETHICS Youth Sports Administrators: I hereby pledge to provide positive support to all youth sports programs in my community, to administer youth sports programs with professionalism and in the best interests of the children involved by following the Youth Sports Administrators’ Code of Ethics: • I will run youth sports programs for the children involved, not the adults. • I will ensure that I am knowledgeable in the area of youth sports administration. • I will do my best to provide a safe playing situation for all participants. enjoyable experience for all. being a volunteer within the organization and that they uphold the T.R.U.S.T. (Teaching Respect through Understanding, Sportsmanship and Teamwork) Code of Ethics. • I promise to keep informed about current issues involving youth sports programs. Coaches: I hereby pledge to live up to my expectations as a Coach by following the T.R.U.S.T. Program: • I will place the emotional and physical well-being of my players ahead of a personal desire to win. • I will treat each player as an individual, remembering the large range of emotional and physical development for the same age group. • I will do my best to provide a safe playing situation for my players. injuries of my players. • I will do my best to organize practices that are fun and challenging for all my players. • I will lead by example in demonstrating fair play and sportsmanship to all my players. • I will be knowledgeable in the rules of each sport that I coach, and I will teach these rules to my players. • I will use those coaching techniques appropriate for all of the skills that I teach. • I will remember that I am a youth sports coach, and that the game is for children and not adults. DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F • I will provide support for coaches, officials and parents to provide a positive, • I will require all coaches and officials to be trained in the responsibilities of • I will promise to review and practice basic first aid principles needed to treat 2 Parks & Recreation Department City of Carlsbad 3 Players: I hereby pledge to be positive about my youth sports experiences and accept responsibility for my participation by following this Players’ Code of Ethics pledge: and parents at every game and practice by demonstrating good sportsmanship. • I will attend every practice and game that I can, and will notify my coach if I cannot. • I will expect to receive a fair and equal amount of playing time based on my attendance at practices. • I will do my very best to listen and learn from my coaches. of race, sex, creed, or abilities and I will expect to be treated accordingly. • I deserve to have fun during my sports experience and will alert parents or coaches if it stops being fun. • I deserve to play in an environment that is free from drugs, tobacco and alcohol and expect adults to refrain from their use at all youth sports events. • I will encourage my parents to be involved with my team in some capacity because it is important to me. • I will do my very best in school. • I will remember that sports is an opportunity to learn and have fun. Parents: I hereby pledge to provide positive support, care, and encouragement for my child participating in youth sports by following this Parents’ Code of Ethics: • I will encourage good sportsmanship by demonstrating positive support for all • I will place the emotional and physical well-being of my child ahead of my personal desire to win. • I will insist that my child play in a safe and healthy environment. • I will require that my child’s coach be trained in the responsibilities of being a youth sports coach and that the coach upholds the Coaches’ Code of Ethics. encourage a positive and enjoyable experience for all. • I will demand a sports environment for my child that is free from drugs, tobacco and alcohol and will refrain from their use at all youth sports events. • I will remember that the game is for youth - not adults. • I will do my very best to make youth sports fun for my child. • regardless of race, sex, creed or ability. COACHES ROLE & CONDUCT The criterion of the successful volunteer coach is not the win / loss record of his / her team. It is, rather, whether the behavior of the players changed in a positive way and whether valuable lessons were learned. The uninformed coach is only interested in winning games. The good coach is just as interested in winning games but, in addition, wants his / her players to come out of the athletic experience as better citizens on and off the court. guidelines: In cases of suspected rules misinterpretation, the official should be addressed in a courteous manner during a period of time out, and he / she will reply in a courteous manner. 3. The coach shall stay off the court and remain in the designated coaches box. Education of the parents and spectators is one of the coach’s basic responsibilities. These individuals should be reminded that the philosophy of the program is for youth to enjoy themselves and learn the importance of situations. Occasionally it may be necessary for the coach to have parent meetings to instill the proper attitude. During games, a word from the coach to a spectator who is “out of line” will usually be more effective than a reprimand Coaches Code of Conduct All coaches shall abstain from the following actions at all times. Any violation of these rules will result in disciplinary action. •Foul or obscene language •Indecent gestures •Fighting (Physical contact of any type) • Substance abuse •Object throwing •Arguing with the opposing team’s coaches or parents for any reason •Harassing own or opposing team’s players, coaches or parents •Violating written division rules or safety rules •Any display of unsportsmanlike conduct DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F • I will encourage good sportsmanship from fellow players, coaches, officials The coaches behavior in relation to officials should obey the following 1. The official should be treated with respect. • I will treat my coaches, other players, officials and fans with respect regardless 2. Judgement calls made by officials should not be questioned. 4. Players are not allowed to question officials' decisions. teamwork, sportsmanship, and acquire the ability to cope with competitive from a game official or gym supervisor. players, coaches, officials at every game, practice of other youth sports events. • I will support coaches and officials working with my child in order to • Officials abuse will ask my child to treat other players, coaches, fans and officials with respect 4 Parks & Recreation Department City of Carlsbad 5 PLAYERS CODE OF CONDUCT All players shall abstain from the following activities at all times. Any violation of these rules will result in disciplinary action. •Fighting •Foul or obscene language •Indecent gestures • Substance abuse •Object thrown in anger • Showing disrespect or arguing with coaches •Harassing opposing team’s players, coaches or parents •Any display of unsportsmanlike conduct. PARENTS ROLE & CONDUCT Parents are encouraged to attend games and provide enthusiastic support for their child and the game. Parents shall abstain from the following actions at all time. Any violation of these rules will result in disciplinary action. •Foul or obscene language •Indecent gestures • Substance abuse • Object throwing •Arguing with the opposing team’s coaches or parents for any reason • Heckling or harassing own or opposing players, coaches or parents GYM SUPERVISORS Gym supervisors are responsible for providing direction and organization for the Youth Basketball Program. A gym supervisor is expected to maintain exemplary behavior and sportsmanship at all times. All coaches /parents who to assist them. Gym Supervisors are expected to: • Maintain the “Code of Conduct“ for coaches and parents when conducting business on behalf of the City of Carlsbad. T.R.U.S.T. Program. VISION OF TRUST MISSION STATEMENT In our continuing effort to create community through people, parks and programs, the Parks & Recreation Department will strive to provide spectators and administrators. This philosophy will be implemented through the T.R.U.S.T. Program, which focuses on teaching respect, unity and sportsmanship through teamwork. Community Expectations participants, spectators and neighbors to recognize the following expectations in order to maintain a healthy community. We T.R.U.S.T. that you will maintain a safe and positive environment. We T.R.U.S.T. that you will treat every individual with courtesy and respect. We T.R.U.S.T. that you will honor the rules established for each activity. We T.R.U.S.T. that you will demonstrate fair play and sportsmanship at all time. DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F CITY OF (i,ARLSBAD / , ~ Arguing with officials and/or city staff for any reason T·R•U•S·T Program Tenchi11g Respect, U11ity, ,111d Sporrs111m1ship '"'°"C" Teamwork quality activities that are safe, fair and enriching for all of its participants, Officials abuse The Carlsbad Parks & Recreation Department requires its staff, have concerns or questions should seek out a gym supervisor who will be able Act on behalf of the league and the Youth Sports Office. Conform to all the rules established by the Youth Sports Office and the 6 Parks & Recreation Department City of Carlsbad 7 COACHES ADMINISTRATION FIRST TEAM MEETING The initial call to a child should be directed to the parents, as the child may be too excited to remember the necessary information. The parents should be given your name, phone number, e-mail and team name, as well is an appropriate time for the coach to explain to the parents and players the of games and practices, and culminating activities. This is the time for all coaches to establish a rapport and set guidelines for player commitment in practices and games. and getting commitments in telephoning players as needed, providing refreshments and assisting with practices and games (team parents). No matter what the age or level, the interest of the parents and their attendance at the games will increase the children’s interest and make the game more fun to them. EQUIPMENT CHECK-OUT AND RETURN PLAYER PRACTICE PARTICIPATION All participants who are registered in the program will receive playing time based on their practice attendance. Coaches are allowed to have up to two practices a week (1 primary, 1 optional). If a child misses the primary practice time the coach has the option of only playing the child 5 minutes a half. If a child misses the optional practice the minimum play rule (10 min. a half) will remain in effect. PLAYER MANAGEMENT It is important that the coach explain his / her expectations for all team season. The coach’s guidelines should be consistent with program / park rules and policies and should be uniformly applied to all team members. In dealing with children, each coach should be aware that: 1. Each child should be treated as an individual and dealt with according to 2. Demand for perfection may lead to loss of interest among some players. 3. Discipline should be given privately, away from the player’s peers whenever possible, and should be positive rather than degrading. 4. Children will be most receptive to the coach who is considerate, cooperative and patient. 5. Children cannot be expected to behave as “small adults” (unreasonable and immature behavior can be expected and must be handled with an adult response by the coach). 6. The coach has the responsibility for ensuring that players maintain opponents. In the event that a player has not conformed to agreed-upon team standards coach may be allowed to suspend the player for one game, with the Youth all other possibilities such as discussing the problem with the player and SETTING REALISTIC EXPECTATIONS Many athletes need help in learning their limitations without devaluing themselves. Coaches, rather than conveying the inaccuracy that every athlete is capable of becoming a superstar or professional athletes, must realize that participants will mature more if they encourage youngsters to seek out and discover for themselves their own limits. De-emphasize winning and reemphasize attainment of personal goals. These are the vital steps to enhancing the motivation of all young athletes. “You do not win as a person, you win as a team!” MISCONDUCT between individuals or within the team. Serious violations of the “Code of Conduct” should be immediately reported to the appropriate Gym Supervisor and the Youth Sports Coordinator. The Youth Sports Coordinator and Recreation Supervisor will conduct a thorough review of the situation with the assistance of the appropriate Gym Supervisor. DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F as the day, time and place of the first team meeting. Parents should be encouraged to attend the first meeting with their children. The first meeting philosophy of the program, role of the officials and staff, number and times Of equal importance is the dissemination of information to parents Practice equipment is available for check-out to each head coach at the gym ball room. Equipment is to be checked in immediately following each team's practice or game. An I.D. or collateral may be required. members at the first practice, and maintain consistency throughout the his / her own unique personality. respect and the proper attitude toward game officials, spectators and (absent at team practices without valid excuses, fighting, swearing, etc.) the Sports office's approval. Continued offenses may require other actions which must first be approved by the Youth Sports office. The coach should exhaust parents before calling the office regarding suspensions. Most first-time minor violations to the "Code of Conduct" should be resolved 8 Parks & Recreation Department City of Carlsbad 9 GAME INFORMATION TEAM ORGANIZATION A. Players are divided into selected age groups determined by participant’s grade level. B. Players are given skill tests and evaluations so that staff can do its best to create balanced teams. RULES AND REGULATIONS: ALL DIVISIONS 1. Each player must play at least 10 minutes a half when 7-10 players are at the game. Unless player practice participation rules are not met. A player must sit out 5 minutes a half when 7-9 players are present. Thirty minutes is the maximum when 7-9 players are present. 2-minute halftime. 3. Jump ball starts the game; alternating possession afterwards. held ball violation, and back court violation will be enforced. 5. The bonus (1 +1) rule shall be in effect ON the 7th team foul in each half. Double bonus (2 free throws) will be in effect on the 10th team foul in each half. 6. Time-outs: Teams are awarded Three (3) time-outs per game. Unused time-outs will not carry over into overtime. Time-outs will be granted when either a player ‘C’ and ‘GC’ divisions, during the last three minutes of the game, the team in possession of the ball and calling the time-out must inbound the ball at mid court and into the front court. This is to prevent teams running out the clock (due to “no press” rules). 7. Maximum Play Rule: Substitutions are made at the beginning and No free substitutions. If both teams have 7-10 players at game time, then the minimum/ maximum play rule is in effect. A team that has 7 or more players does not have to meet the maximum play rule if the opposing team has 6 or less players. Read below If a team has: 6 players. • If a team has 6 players, two players while the other 4 players will be over the course of the game. • And the opposing team has 7–8 players, 1-2 players will only be course of the game, and minimum rule is in effect for all other players. • If a player fouls out leaving team with 5 players and one of the 5 players gets injured and is unable to continue, a fouled out team member can re-enter the game. Each foul by the re-entering fouled out player will be 2 free throws and possession. If a team has: 5 Players • And the opposing team has 6 players, the maximum play rule is no longer in effect but the minimum play rule is in effect. 8. If a team has only 5 players from buzzer then, should any player reach the 5 foul limit, he / she may remain in the game. The opposing team shall automatically receive 2 free throws and possession of the ball. For every foul committed thereafter by the players with over 5 fouls. 9. If a team starts the game with over 5 players and fouls out their last available player, he/ she must remain in the game and cannot be substituted for a player who previously fouled out. The opposing team shall automatically receive 2 free throws and the ball for every foul committed by the player with over 5 fouls. 10. Any injury to the head the player must be removed from the game. In order to return to the next practice or game the parent must supply a doctors release. 11. If a team has 6 or more players from the outset, a player’s 5th personal foul will warrant the remainder of the game. This includes overtime. 12. No jewelry of any kind will be permitted to be worn by players, including earrings. 13. A player who is bleeding or has an open wound, or has blood on his / her body or clothing, shall be prohibited from playing until appropriate treatment has been administered. If blood is on clothing, the clothing must be changed before player will be allowed to re-enter game. 14. A player with a cast of any kind will not be allowed to play in the game. (A removable, padded brace could be an exception.) This will be gym supervisor. 15. Two practices a week maximum. (1 primary, 1 optional) 16. No standings will be sent out for any division. 17. Players shake hands before each game. 18. If a game goes into overtime teams can have any players start the overtime. Players that have fouled out are not eligible to play in overtime unless you have only 5 players, a technical foul will be issued and that player can remain in the game. 19. Coaches will need to stay within the coaches box. 20 Once a child is placed on a team, no changing of teams will be within other programs. 21. Coaches must inform the score keeper the game jersey number of those that are sitting on the bench for that substitution mark. Players entering the game do not have to line up with their backs turned to the score keeper. Players must enter the court immediately and resume play. Coaches let the score keepers know what players are sitting on the bench. 22. Any player receiving a technical foul (Flagrant Foul, or unsportsmanlike intentional foul.) of the game and possibly a one- game suspension. The team must play with four players until the next substitution mark. DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F 2. One minute between quarters, 4. Ten second violation, five second or coach notifies a referee. In the mid-way point of each quarter. are required to sit out 10 minutes required to sit out just 5 minutes required to sit 5 minutes over the determined by the officials and the start of the game until the final allowed due to scheduling conflicts disqualification from playing will be required to sit out the rest 10 Parks & Recreation Department City of Carlsbad 11 DIVISION ‘A’ | Boys 7th & 8th Grade 2. Three (3) second key violation. 5. Scoring cumulative throughout the game (see scoring philosophy). 6. Overtime: Two (2) minute, last minute is regulation clock. Only one time-out allotted in overtime. Time outs will not carry over from regulation time. Game will be played until winner is determined. • 12 points and under: Both teams can press. • 13 points or more: Winning team can’t press. Losing team can continue to press. • 12 points or more: Last 2 minutes of the 4th DIVISION ‘B’ | Boys 5th & 6th Grade | ‘GB’ Girl’s 6th,7th,8th Grades size, 28.5”. 4. Three (3) second key violation 5. Scoring: Cumulative throughout the game. 6. Overtime: Two (2) minutes last minute is regulation clock. Only one time-out allotted in overtime. Time outs will not carry over from regulation time. Game will be played until winner is determined. 7. Bullet Points (B) (GB) Pressing Rule: Teams can press start of the last • 8 points and under: Both teams can press. • 9 points or more: Winning team can’t press. Losing team can continue to press. DIVISION ‘C’ | Boy’s 3rd & 4th Grades | ‘GC’ Girl’s 3rd,4th,5th Grades 4. Five (5) second key violation. 5. Free Throws: Twelve foot (12’) line. Shooter must remain behind line until ball reaches the cylinder. (‘C’, ‘GC’ only) 6. No back court pressing while the offense is in possession of the ball. Defense must allow offense to cross, or make an initial pass to a player behind the 3 point line extended (GC +C ). Penalty: A warning to the team 7. Scoring: Noncumulative (see scoring philosophy). 8. If ball goes back behind the three point line teams can continue to play defense. 9. No double team will be allowed on the ball, or any player without the ball, outside the lane. Help defense is permitted. 10. Offense has 5 seconds after crossing half court to initiate an entry pass below the 3-point line extended. 5-second violation is a turnover. 11. No stop clock at any time. Only for time outs and at substitution. 12. Three-point made baskets will count as two points. SCORING PHILOSOPHY The Parks & Recreation Department adheres to the following scoring system: one (1) point. •Scoring is cumulative in ‘A’, ‘B’ and ‘GB’ divisions. •Winner is determined by highest score in ‘A’, ‘B’ and ‘GB’ divisions. •3 Point goals will be awarded in Divisions A, B, and GB only TEAM STANDINGS (LEAGUE TOURNAMENTS AND TIE BREAKERS) DIVISION ‘A’, ‘B’ AND ‘GB’ 1. Best Overall Win-Loss Record 2. Head-to-Head Win-Loss Record 3. If teams split head to head, then head to head point differential will be the deciding factor. For 3-way ties, head to head between teams, then total point differential will determine the breaker. DIVISION ‘C’ AND ‘GC’ 4. If still tied, team tiebreakers (#2 through #5) will be instituted DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F 1. Basketball: Official size, 29.5". 3. Time: Four, ten (10) minute quarters, running clock, regulation clock the last 2 minutes of 4th quarter. 4. One (1) minute between quarters and two (2) minutes between halves. 7. Bullet Points (A) Pressing Rule: Start of 4th quarter only quarter clock will continue to run. 1. Basketball: 'B' Division -Official size, 29.5". 'GB' Division -Official women's 2. Time: Four, ten (10) minute quarters, running clock, regulation clock the last 2 minutes of 4th quarter. 3. One (1) minute between quarters and two (2) minutes between halves. substitution mark of 4th quarter. • 12 points or more: Last 2 minutes of the 4th quarter, clock will continue to run. 1. Basketball: Official women's size, 28.5". 2. Time: Four, ten (10) minute running quarters. 3. One (1) minute between quarters and two (2) minutes between halves. on the first offense and a team technical foul for all other offenses. • Scoring is kept by quarters ('C' and 'GC' divisions only). • Score will return to 0-0 at beginning of each quarter ('C' and 'GC' divisions only). Team with the highest score at the end of each quarter will receive two (2) points. If the quarter is tied, each team will receive 1. 2 points will be awarded for every quarter won 2. 1 point awarded for every quarter tied 3. 0 points awarded for a quarter lost from the 'A', 'B' and 'GB' classifications DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F GENERAL DEFINITIONS BLOCKING: Illegal personal contact which hinders or impedes the progress of an opponent. BOUNDARY LINE: The end and sidelines on the basketball court. The inside edges of these lines mark the in-bounds and out-of-bound areas. CHARGING: When the ball handler comes into personal contact with a defensive player who has established his / her position. COURT: The playing area of a basketball game. A court is divided into two parts, front and back. A team's front court includes its offensive basket and backboard between the end and half court lines. A team's back court includes its defensive basket and backboard between the end and half court lines. DEAD BALL: The ball is considered dead and out of play when: • A held ball occurs for five (5) seconds or the ball gets stuck on the basket support; • The official's whistle is blown; or • Time expires for a quarter, har, or extra period. DISQUALIFIED PLAYER: A player who is no longer allowed to participate in the game because of committing five (5) personal fouls or a serious unsportsmanlike foul. DRIBBLE: A dribble is a ball movement caused by a player in control who bats, pushes or taps the ball to the floor once or several times. FOULS: • Personal Foul: Or a common foul when a player comes in personal contact with an opponent while the ball is alive. Holding, pushing, charging or tripping an opponent is not allowed. • Technical Foul: A technical foul is when a player or coach is disrespectful to an official; behaves in an unsportsmanlike manner; intentionally delays the game; or enters the court without official permission. A technical foul on a player also results in a personal foul. • Double Foul: When two (2) opponents commit personal fouls against each other at the same time. A personal foul is charged to each and play begins with alternating possession. J 2 Parks & Recreation Department • Intentional Foul: Is a personal and a technical foul, which, in the judgement of the official, appears to be designed or premeditated. It is not based on the severity of the act. Two (2) free throws and ball out of bounds at closest spot to foul. • Unsportsmanlike Foul: Is a non-contact technical foul which consists of unfair, unethical or dishonorable conduct. FREE THROW: A free throw is a chance to score a basket without obstruction or interference from the opposite team. The free throw is awarded to a player who has been fouled. The free throw is taken from the free throw line. Each free throw is worth one point. HELD BALL: Two (2) opponents have both hands on the ball and possession cannot be established without unnecessary roughness. Possession is established by arrow on scorekeeper's table. LANE: The area of the court which extends from the basket line to the top of the free throw line. The lane boundary lines are marked on all basketball courts (12' lane -'C' & 'GC' only). OVERTIME PERIOD: Is the extension of playing time necessary to break a tie score at the end of regulation lime. PASS: The movement of the ball caused by a player who throws, bounces, or in any manner gives the ball to another player. REGULATION CLOCK: The clock will stop at every whistle. SCREEN: An action by a player who, without coming into physical contact, prevents an opponent from reaching a desired position. TAP (TIP): Is the striking or batting of the ball with any part of the hand(s) while there is no player control by the tapper. THROW IN: A method of putting the ball into play from out of bounds. TRAVELING (WALKING): To walk or run illegally while holding the ball. Coaches, Parents, Players and Spectators - Welcome to another season of Carlsbad Youth Basketball! This handbook is designed to educate you on the Rules, Regulations, Philosophies and Procedures of the Parks & Recreation Department's Youth Basketball League. Please read the information provided, in its entirety, to help familiarize yourself with the program. Enjoy! And thanks for participating! -._. ', ' \ \ \ \ \ \ I I I I / ,, • I ;; , ;~ -Youth Sports Staff "'' . -· ~- I NO FOOD OR DRINK ALLOWED IN GYMNASIUM! \ " Please refrain from bringing coffee mugs, cups, sodas, food, etc. Players are allowed to bring in water bottles which must be placed under players' bench! 14 Parks & Recreation Department www.carlsbadsports.org 040314 EXHIBIT 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 DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-B49E-98EB3192724F C C EXHIBIT 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 DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-B49E-98EB3192724F C EXHIBIT 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 DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-B49E-98EB3192724F C EXHIBIT 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 DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-B49E-98EB3192724F C EXHIBIT 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. DocuSign Envelope ID: 6E31682F-F1 ED-4AD0-B49E-98EB3192724F C DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F Administrative Order No. 71roec.112020; This order supersedes Administrative Order No. 71, dated Nov. 27, 2018 Date: Dec. 17, 2020 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 (facilities). Administrative Order No. 71 was created to implement policies and procedures for city facilities use, and to provide services information to the public. B. POLICY 1. There is a high demand for use of city 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. Facilities 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 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 facilities. 4. Applications are processed in the order received. 5. Fees will be charged pursuant to the department's approved master fee schedule and by the authority of the City Manager. 6. Applications will be reviewed, categorized, and processed by the department. City Hall Exhibit D 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 I 760-720-9461 fax I www.carlsbadca.gov DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F 7. The application fee will be applied to the total cost of the rental and will not be refunded if the reservation is canceled. lfthe 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 by the applicant 30 calendar days or more in advance (with the exception of Leo Carrillo Ranch Historic Park, which requires 90 calendar days advance notice), 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 facilities 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: • Facilities and staffing availability; and, • All other necessary approvals are obtained within the ava ilable t ime 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 of the requested reservation date (with the exception of Leo Carrillo Ranch Historic Park, for which applications will be accepted up to 24 months in advance of the requested reservation date). 9. Holiday hours and closures of facilities will be posted on the city's website annually and updated as needed for any changes. 2 DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F 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 facilities uses by any one group or organization so that the entire community may make use of the limited 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: • Facilities 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. 3 DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F 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 Community Park Aquatic Center and the 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 $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. 4 . DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F 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 POLICIES AND PROCEDURES 1. The applicant shall be required to pay in full any additional rental fees, cleaning, replacement, repairs, damages or loss to facilities 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 • Cleaning and wiping of all tabletops used 5 DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F • 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 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 Avenue 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. 14. Carlsbad-based schools are authorized to reserve and use city skate parks for physical education classes, in accordance with the current fee schedule. The schools' athletic director or designee must submit an application to the department prior to the start of each school semester. An approved permit is valid only during the school semester and during school hours. 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 DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F 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: • 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 15x15 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 Parks' 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 department's programs 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. 7 DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F 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. 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 Dec. 1 through Dec. 31. Summer months are defined as June 15 through Aug. 31. 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 Historic Park 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 COMMUNITY PARK AQUATIC CENTER 1. Applicant must agree to adhere to Alga Norte Community Park Aquatic Center facility use regulations. 8 DocuSign Envelope ID: 6E316B2F-F1 ED-4AD0-B49E-98EB3192724F N. RESIDENT NONPROFIT ORGANIZATION USER CRITERIA 1. In order to qualify as resident nonprofit, nonpaid management user group, the organization must meet all of the following criteria: ACTION • 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 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. This Admini Order becomes effective immediately. SCOTT CHADWICK City Manager 9