SR-100-000-04 (5)
F:\CMANAGER\Staff Reports\Council Meeting Time Final.doc
Council Meeting: July 24, 2001
Santa Monica, CA
TO:
Mayor and City Council
. January 6, 2007
SpecIal City Council Meeting
FROM:
City Staff
Subject:
Modification to the Start Time for City Council Meetings, Discussion of the
Deliberation Process and Resolution Effecting Changes as Recommended
or Direction to Staff to Return with a Resolution Reflecting Council
Preferences
Introduction
This report recommends that the City Council take public comment, consider a
modification to the start time for City Council meetings, discuss the deliberation process
and other potential changes in the meeting process that will help insure the efficiency
and timeliness of the Council meetings, and adopt the attached Resolution effecting
changes or direct that a Resolution with alternate content be prepared.
Backqround
At the January 9,2001 City Council meeting, staff was directed to return with
recommendations for changing the start time of Council meetings and altering the
categories and order of business with the objective of increasing the efficiency of
meetings while ensuring broad public participation. On January 23, 2001, Council
adopted a resolution changing the start time for Council meetings to 5:15 p.m. and
certain other changes to the categories and order of business for Council agendas.
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Discussion
During the past six months the Council meetings have been scheduled to commence at
5: 15 p.m. This earlier start time was desirable so that 1) Public Sessions could begin
and end at hours convenient for public participation with the goal of concluding Council
meetings by 11 :00 p. m. 2) Closed Sessions would not be rushed early in the evening
or conducted at so late an hour that some Council members could not be present and
3) given there is generally a larger number of staff present for Consent Calendar items,
these items would be heard at the beginning of the meeting and staff could be
released, thus not incurring overtime in most cases.
During Council discussion on the earlier start time, concern was expressed that 5: 15
p.m. might be too early for some Council members, especially those working presently
and from time-to-time outside the city. It was, however, agreed that the earlier start time
would be tried and modified later, if necessary.
Over the past six months, with exception of the special meeting schedule associated
with the annual budget process and two special Closed Session meetings, the Council
has had only one special meeting in addition to the two regularly scheduled meetings
per month. However, Council has not regularly had a quorum at the earlier start time to
begin the meeting. Generally, the meetings have begun 15 to 20 minutes after the
scheduled start time. As well, the Council meetings have not concluded before 11 :00
p.m. Several Council members have expressed concern with the early start time as well
and the lateness of the meetings.
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The Mayor and Mayor Pro-Tempore have met with staff to assess the Council meeting
modifications approved in January along with the concerns expressed by various
Council members.
Generally, the order of business is working well. However, modifying the start time to
5:45 p.m. or 6:00 p.m. might ensure a quorum to begin the Council meeting. The
Consent Calendar would continue to be considered first. Closed Session would follow
with the continued goal of reconvening open session by 6:45 p.m.
The length of Council meetings is often governed by the high level of public input that
occurs on some matters. There are strategies that Council should consider that could
help achieve more efficiency and timeliness of the meetings, yet maintain healthy
deliberation on matters before Council. The following are strategies for Council to
consider.
1) When an item is presented by staff, Council members have the opportunity to
ask questions for clarification before pubic comment is taken. Council members
should avoid deliberating the item and merely ask questions for clarification.
2) Public Comment is the opportunity for the public to provide input for Council to
consider as it deliberates on a specific item. Council members, again, should
merely ask questions for clarification and avoid appearing to debate or cross-
examine the person making the public comment.
3) With respect to Council deliberatiol1s, Council members may want to concur on
how best to communicate in the most efficient manner that will allow members to
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feel that their points of view have received adequate consideration. Some
additional reminders that might be helpful to consider include, avoid repeating
the same point by several individuals, always be mindful of the length of one's
comments, and perhaps limit the number of "rounds" of comment on an item.
Finally, staff will continue to place items on agendas to support the efficiency and
timeliness of the Council meetings.
Budaet IFinanciallmpact
The proposed modification in the start time of City Council meetings will have no direct
fiscal impact, although as indicated, it is possible that overtime expenditures are being
reduced by having the Consent Calendar handled at the beginning of the meeting.
Recommendation
It is recommended that the City Council take public comment, discuss the above
changes and adopt the attached Resolution, if desired, or direct staff to return with a
Resolution reflecting Council's preference for change.
Prepared by: Gordon R. Anderson, Assistant City Manager
Attachment: Resolution amending Resolution Number 9614 (CCS) Regarding the
Rules of Order and Procedure for the Conduct of City Council Meetings
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f) _.
J City of
Santa Monica-
Information Item
To:
Mayor and City Council
From:
Gordon R. Anderson, Assistant Manager
Subject:
Policy Related to Use of Council Contingency Funds
Introduction
During recent meetings, Council has expressed interest in developing a structure or
policies related to the use of its contingency funds. Policy choices to consider include
leaving the process as it is, establishing grant-like application procedures, establishing a
series. of criteria or developing a hybrid of the options. Staff suggests that establishing
criteria that take into account recent uses of the funds and the adopted Community
Priorities would provide flexibility to address immediate community needs while providing
a known framework for the use of the funds. This information item is provided to engage
Council discussion on January 6. Following that discussion, staff will draft a policy for
formal Council action.
Discussion
Each fiscal year, the City Council is provided a contingency fund for unanticipated
expenditures of importance to the Council that arise during the year. These funds are'
allocated by a majority of Council at a public meeting. The funds allocated for this
purpose have varied over the years and is currently budgeted at $100,000 annually.
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Council has requested that staff present various options to discuss how the funds could
be allocated.
For the last five fiscal years, Council has appropriated an average of $71,300 from its
contingency funds. Early in the decade, during challenging City budget times, some of
this budget funded services of high priority to the Council that were at risk of being
reduced or de-funded, such as tree and park maintenance and the mounted Police Unit.
Most of the funds over the past five years were allocated to meet the immediate needs of
a community group or for student assistance. Groups allocated funding include: Santa
Monica Symphony, 18th 81. Arts Complex, Santa Monica Playhouse, Santa Monica
College fireworks and various Santa Monica High student activities. A detail list of
Council Contingency fund uses is attached.
Policy Considerations
Various policy options on spending have been raised by Council members such as
continuing to use the funds on an as-needed, as-requested basis; developing a funding
request procedure; and developing funding criteria. Council could consider any of these
options, a hybrid of the options, or others not listed.
Current Method
This method would leave the Council contingency use as it has been with no formal
procedure for allocation of funds. Under this option Council has the ability to allocate
funds on as as-needed basis as long as funds are available. This allows Council to
contribute to specific immediate needs of groups and the community. This provides the
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most flexible option for Council and allows funds to be distributed on a fairly quick basis.
This option does not provide for any competitive process for groups and community
interest to submit request for the funds and to make an argument for the allocation.
Fund Request Procedure
Council could develop a formal procedure through which groups and individual
community members compete for funding. A process could be developed that simulates
a grant process whereby on a regular basis, quarterly for example, a formal notice would
be issued alerting the public to the availability of funds and providing an application. The
applications would then be screened with funding recommendations developed by
Council members or a Council subcommittee. This process provides an open,
competitive process for community members and groups to access the contingency
funds.
Funding Criteria
Specific funding criteria could be established to formalize the allocation of Council
contingency without implementing a formal grant-like process. Analyzing the past five
years of Council contingency programming, criteria could include:
· Assistance to School groups/students - provide matching funds to provide the
opportunity for students or teachers to participate in regional, national, or
international conferences that would provide a benefit to the community.
· Community Event - provide funding assistance for a community event open to the
public.
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. Community Group - provide funding for immediate, unanticipated needs of local
non-profit or other community group that provide a benefit to the community.
. Restoration or funding of specific services - provides the opportunity for the
Council to provide funding for a specific project or service that is unfunded or
under-funded elsewhere in the budget, on a one-time or continuing basis.
The criteria could also encompass a requirement for the use to further the goals of the
Community Priorities:
1. Address the impacts of homelessness on the community.
2. Enhance the quality of life, safety and community involvement of residents in
the Pico Neighborhood.
3. Ensure the residents receive timely ,and responsive service from all
departments and that the City's regulatory processes are fairly, efficiently and
courteously administered with a high degree of predictability for customers
moving through a process.
4. Incorporate ways to achieve the goals of the Sustainable City Plan into daily
activities and special projects.
5. Capitalize on Santa Monica's climate and community amenities to promote
"active living."
Establishing funding criteria, such as those listed above, would provide flexibility to meet
unanticipated community needs while providing a framework for the use of the
contingency funds.
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Other Considerations
Council should also consider what type of verification is desired once the funds are
allocated. Beginning in 2006, staff required a short agreement be executed with the
recipient outlining the scope of what Council authorized the funds for. This has created a
mechanism for recipients to be accountable for proper use of the funds. Council should
also consider fequiring recipients to provide a sample work product or a brief report to
further confirm that the funds were used for the intended purpose.
Conclusion
While Council discusses these and other options to manage its contingency funds,
Council should consider how funds have been used in recent years, h?w request are
presented to Council members and how successful the use of the funds has been.
Having greater flexibility in the use of the funds has advantages, such as the ability to
provide funding in a very short time period and for a wide range of community needs.
Establishing criteria could ensure that the funds are applied to a use that addresses a
Council and Community priority. Requiring a report or other verification would provide
Council and the community with assurance that the funds were used for the intended
purpose.
Prepared By:
Donald P Patterson, Assistant to the City Manager - Management Services
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ATTACHMENT A - Use of Council Contingency Fund
FY 01-02
Beginning Budget
Santa Monica High School Orchestra (Carnegie Hall)
Santa Monica Playhouse*
League of Women Voters - Smart Voter
Balance
$117,400
$15,000
$75.000
$1,000
$26,400
FY 02-03
Beginning Budget
Samohi Band
Santa Monica College Fireworks 03 (add'l funding)
Santa Monica Symphony *
Mounted Unit for 6 months*
18th Street arts complex planning initiative*
Balance
$117,400
$10,000
$10,655
$11,505
$12,500
$20,000
$52,740
FY 03-04
Beginning Budget
Tree replacement reinstatement*
Park maintenance reinstatement *
PERS retirement benefits for Council*
Port-a-potties*
Revised Budget
Michelle Kenney (India trip for Samohi students)
Santa Monica HS Orchestra (Vienna)
Balance
$110,000
$4.500
$20,000
$8.000
$2,000
$75,500
$2,500
$25,000
$48.000
FY 04-05
Beginning Budget
Big Blue Bus (charter bus for Playa Vista hearings in LA)
Santa Monica Conservancy (training/education)
Santa Monica High School - (ChoraIfHawaii)
Santa Monica College Fireworks 05
Heal the Bay 20th Anniversary
Balance
$74,400
$342
$2,700
$25,000
$15,000
$25,000
$6,358
FY 05-06
Beginning Budget
Linda Kovaric - (Teacher) Beijing Conference
Meals on Wheels West - relocation expenses
Santa Monica College Fireworks 06
18th Street Arts Complex
Balance
$74,400
$1,000
$24,807
$15,000
$30,000
$3,593
FY 06-07
Beginning Budget
Project Echo
Martin Luther
$103,560
$15,000
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MASTER FACILITIES USE AGREEMENT
_~HIS MASTE;R FACILITIES USE AGREEMENT ("Agreement") is entered into this
day of June~ -2005, by and between the CITY OF SANTA MONICA, a municipal
corporation and charter.city ("the City"), and the SANTA MONICA-MALffiU UNIFIED SCHOOL
DISTRICT, a unified school district ("the District"), each duly organized and existing under the laws
of the State of California.
RECITALS:
A. The City ~d the District share mutual goals in assisting in preparing youth to become
productive members of society and support each other's efforts in that regard.
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B. Many of the City's projects and programs for children, youth and their families and
certain activities provi4ed by Santa Monica youth-servin~ non-profit organizations take place at
public parks, playgrounds, play fields, and other City-owned recreational facilities.
c. However, the City's playgrounds, play fields, and recreational facilities are limited in size
and are not sufficient to accommodate all of the current recreational needs of the community's
children and youth and their families.
D. Opportunities to create new parks and recreational facilities are limited because the
City's total land area is very small- approximately eight square miles - and the City is fully built-
out.
E. Additionally, land values are very high within the City and are rising.
F. The District owns and operates school sites within the City which include playgrounds,
play fields, recreational facilities and buildings which are under-utilized during non-school hours.
G. The City and District desire to enter into a master agreement which will allow City and
community use of school facilities within the City to meet certain recreational and other needs during
hours when the facilities are available for such use, allowing the District to benefit from such use of
the facilities through the generation of revenues for the maintenance of the District's education
programs.
H. It is the intent of the City and the District to maximize the exchange of value -
community use of District facilities within the City and revenue flow to the District.
1. It is recognized by the City and the District that new and ongoing resources are desired
and necessary to fully support the strategic plan(s) and the community's expectations of both
. org~izations.
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AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficieq.cy of
which are hereby acknowledged, the parties hereby agree as follows: .
1. TERM.
The term of this Agreement shall be five years commencing on July 1,2004, and ending on
June 30, 2009, unless otherwise terminated pursuant to this Agreement.
By mutual agreement the City and District may extend the Agreement in. 2009 for an
additional 3 years (ending June 30, 2012) and in 2012 for an additional 2 years (ending June 30,
2014).
2. SUPPLEMENTAL USE AGREEMENTS.
Supplemental Use Agreements, governing specific programs and projects, are contemplated
by the parties and shall be executed pursuant to this Master Facilities Use Agreement. This
provision shall not be construed to prevent the City and the District from entering into other
agreements relating to school sites and facilities within the City not specifically mentioned herein, or
as the parties may desire.
3. PREMISES.
The premises governed by this Agreement ("the Premises") shall consist of playgrounds, play
fields, and structures available for City and community use at the District's school sites in Santa
Monica. The particular facilities which the City will use at each site shall differ for each program or
project and shall therefore be specified in Supplemental Use Agreements governing specific
programs and projects operated by the City on District property. However, in general, in making its
facilities available pursuant to this Agreement and the various Supplemental Use Agreements, the
District shall give the City priority over other non-District users.
4. USE OF PREMISES.
The Premises shall be used by the City to provide supervised and unsupervised recreational
opportunities, child care, enrichment classes, and other services. Specific programs and projects
shall be governed by Supplemental Use Agreements that establish operating guidelines for said
programs and projects. Premises may also be made available by the District for use by non-profit
organizations providing programs and activities for Santa Monica youth and other users to the extent
the uses and scheduling are not in conflict with the provisions ofthe Supplemental Use Agreements
pursuant to this Section.
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.
5. COMPENSATION.
A. In consideration of City and community use of School District facilities in Santa Monica
and its associated benefits, the City shall pay the District for use of the Premises described in this
Agreement initial AnIlUal Base Payments totaling Six Million Dollars ($6,000,000). Payment shall
be made in two equal ihstallments, one half by January 1st and one half by April 1st. In determining
compensation, the City and District have not appraised the value of the Premises and do not assert
that $6,000,000 represents the precise value of the facilities the City may access under this
Agreement. During the term of this Agreement, the base payment may be adjusted as described
below in this Section 5.
B. Annual Adjustments Based on the Consumer Price Index. Annual Base Payments will be
adjusted by the Consumer Price Index for all urban wage earners and clerical workers for LNLB
SMSA (CPI), as measured from February to February with a minimum 2% and a maximum 4%
adjustment.
C. Periodic Adjustments Based on Facility Use and Revenues.
(1) In January 2007 the parties will convene an adjustment conference to assess the state of
community use of the Premises and the fiscal status of the two organizations with the
objective of adjusting the current payments for the use of said facilities upward or downward
by a maximum of$1 ,000,000.00, or holding payments constant for the fiscal year beginning
July 2007. The adjustment conference participants ("conferees") will consist of the following
persons: the City Manager, Superintendent of Schools, the Finance officers of both the City
and the District, the Mayor, and the School Board President. The conferees will participate in
the adjustment conference with the objective to have recommendations before the City
Council and School Board by March 1, 2007.
(2) In assessing the fiscal status ofthe City in order to establish the payments for the use of
the Premises, the total of the following "Big Eight" General Fund revenue sources will be
used: 1) property tax, 2) sales tax, 3) utility users tax, 4) transient occupancy tax (TOT), 5)
business licenses tax, 6) real property transfer tax, 7) parking facilities tax, and 8)
fines/forfeitures.
(3) If the actual growth of the "Big Eight" revenues (see subsection (2) above) over the two-
year period July 2004 to July 2006 exceeds the increase of CPI for the same period by 4%
and the increase in each of the years July 2004 to July 2005 and July 2005 to July
2006exceeds the CPI for the same periods by at least 1.25%, the conferees will discuss
adjusting the base payments by an additional 3/4 of 1 % of the average of the actual "Big
Eight" revenues for the fiscal year beginning July 2004 and the fiscal year beginning July
2005 to a maximum of$1 ,000,000.00 effective July 2007. While the result of the discussions
carmot be predetermined, the conferees will be mindful of the intent of this Agreement in
approaching the discussion.
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(4) If the actual growth of the "Big Eight" revenues' over the two year period July 2004 to
July2006 exceeds the increase in CPI for the same period but does not reach the level
specified in subsection (3), above, the conferees will discuss whether to recommend ifthere
should be any adjustment to base payments effective July 2007 above that 'specified in
Section B above. While the result of the discussions cannot be predetermined, the conferees
will be mindful of the intent of this Agreement in approaching the discussion.
(5) If the actual growth of the "Big Eight" revenues over the two year period July 2004 to
July 2006 does not increase by at least the increase in the CPI for the same period, the
conferees will discuss whether: 1) base payments should be held constant, 2) the CPI
contemplated in Section B, above, withheld, or 3) base payments reduced by som~ amount
which in no case would exceed $1,000,000.00 effective July 2007. While the result of the
discussions cannot be pre-determined, the conferees will be mindful of the intent of this
Agreement in approaching the discussion.
(6) In January 2009, the adjustment conference described above will be convened to assess
the state of community use of the Premises and the fiscal status of the two organizations and
discuss whether to recommend that this Agreement should be extended for an additional 3
years (ending June 30, 2012). Ifso, the procedures described in subsections (3), (4) and (5)
above, will be used to set the FY 2009/2010 base payments, ex.cept that the periods of actual
revenue and CPI increase comparison will be July 2006 to July 2008 and the pre~ously
adjusted maximum will again be adjusted by the change in CPI for the same period,
providing a new maximum cap on any adjustment upward or downward.
(7) In January 2012, the adjustment conference described above will be convened to assess
the state of community use ofthe Premises and the fiscal status of the two organizations and
discuss whether to recommend that this Agreement should be extended for an additional 2
years (ending June 30, 2014), using the formula described in subsections (3), (4) and (5)
above to set the FY 2012/2013 base payments, except that the periods of actual revenue and
CPI increase comparison will be July 2009 to July 2011 and the then current maximum on
any adjustment upward or downward will again be adjusted by the change in CPI for the
same period, providing a new maximum cap.
(8) Notwithstanding the foregoing provisions of Section 5.C., if in each of any two
consecutive fiscal years over the term ofthis Agreement the actual growth of the total "Big
Eight" revenues exceeds 7.5%, the conferees will meet in January to discuss adjusting
payments above the then applicable cap effective July I of the same calendar year. Ifin each
of any two consecutive fiscal years over the term of this Agreement the actual revenue from
the total "Big Eight" revenues declines by 7.5%, the City may convene the conference to
discuss temporarily suspending this Agreement.
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6. RESPONSIBILITIES OF THE PARTIES.
A. The City's Director of Community and Cultural Services shall be responsible for the
direction and supervision of the City's programs and projects on the Premises.
B. The Superintendent of the District or his or her designee, and the Director of Community
and Cultural Services, or his or her designee, shall jointly establish a Master Calendar for the City's
use of the Premises for the ensuing fiscal year no later than the 15t day of July ,of each year.
Revisions may be made throughout the year upon mutual agreement of the Superintendent of District
and the Director of Community and Cultural Services. '
C. The District shall ensure that clean and conveniently located restroom facilities are open
and available for use by participants in all City operated programs and projects.
D. Responsibility for maintenance, repairs, custodial services, utility payments, staffing and
secunty relating to the City's use of the Premises for particular p-rograms and projects shall be
specified in Supplemental Use Agreements.
E. The District's responsibility for providing equipment and improvements for specific City
programs and projects shall be specified in Supplemental Use Agreements. Except as so specified,
necessary improvements and equipment shall be purchased, owned, installed, maintained and
repaired by the City. ,"
7. ACCOUNTABILITY.
The parties agree that the best interests of the public will be served if the benefits of this
Agreement as well as the financial status of.the two organizations are well understood. To that end,
the City Manager and Superintendent will prepare an annual report on the status of this Agreement
for presentation to the City Council and Board of Education in conjunction with the annual budget
cycles of the organizations. The City and the District will make the annual report and their proposed
and adopted budgets available at public libraries and on-line and will continue to seek ways to make
complex financial information more understandable to the community. Both organizations will
observe the provisions of the Brown Act in regard to this Agreement, as in all matters of governance
subject to the terms ofthe Act. The District will continue to benefit from the advice of its Financial
Oversight Committee during the term of this Agreement.
8. TERMINATION OF RIGHTS.
The City and the District may mutually agree to terminate this Agreement. In that event,
District shall have the option of purchasing from the City, all or any part of the fixed improvements,
of any kind or nature whatsoever, installed by the City on the Premises. In the event the District
elects not to purchase all, some or any of said improvements, the City shall remove those items not
purchased from the Premises. In such event, the City shall restore the grounds in the area of such
removal operations to a neat, clean and acceptable condition.
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In the event the District intends to dispose of the Premises, the City shall have the right of
first refusal to, purchase o~ lease said site or facility to the extent permissible by law. Any such
purchase shal1.be at a price negotiated by the parties or, ifthe purchase is pursuant to the Naylor Bill
or any state law prov~ding City the right to purchase District land at a price other than fair market
value, then at such pnce as is determined using the provisions of state law. The City shall provide
written notice to the District of its intent to purchase or lease the Premises, or any part thereof,
pursuant to this Section within 90 days of agreement to terminate, or within such other time as is
required by state law if the Premises is purchased pursuant to .state law.
The City and District understand that if any initiative is approved by the voters that would
adjust or amend the City Charter for the pwposes of funding educational programs, this Agreement
is no longer binding. ,
9. MUTUAL INDEMNIFICATION.
A. Indemnification by the District. The District hereby agrees to defend, indemnify and hold
harmless the City. of Santa Monica, its City Council, , boards, and commissions, officers, agents,
employees, and volunteers .(collectively "City") from and. against all claims, damages, losses,
expenses, demands, liability, lawsuits, andjudgments including, but not limited to, attorney's fees,
arising directly or indirectly from or in any manner related to the District's possession, occupancy or
use of the Premises pursuant to this Agreement or arising from or in any manner connected to the
District's business, activities, operations, services or work conducted in, or about the Premises,
except as otherwise expressly stated herein. For purposes of this paragraph, District use of the
premises shall also include use by any organization, entitY or individual other than the City and the
City's agents. However, the District shall not be required to indemnify the City where such claim
arises from the negligence or wrongful misconduct of the City. The City shall promptly notify the
District of any claim and cooperate with the District in connection with the defense of such claim.
B. Indemnification by the City. The City hereby agrees to defend, indemnify and hold
harmless the District, its Board of Education, committees, officers, agents, employees, and
volunteers (collectively "District") from and against all claims, damages, losses, expenses, demands,
liability, lawsuits and judgments including, but not limited to, attorney's fees arising directly or
indirectly from or in any manner related to the City's possession, occupancy or use of the Premises
pursuant to this Agreement or arising from or in any manner connected to the City's business,
activities, operations, services or work conducted in or about the Premises, except as otherwise
expressly stated herein. The City's indemnification extends to all City uses and any community user
groups pursuant to Supplemental Use Agreements. However, the City shall not be required to
indemnify the District where such claim arises from the negligence or wrongful misconduct of the
District. The District shall promptly notify the City of any claim and cooperate with the City in
connection with the defense of such claim.
C. Survival of Section. This Section shall survive the expiration or earlier termination of
this Agreement.
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,I, 10. INSURANCE.
Prior to execution of this Agreement, the District and the City shall procure and thereafter
maintain insurance against claims for injuries to persons or damage to property arising fro~ or.in
conriection with use of the Premises pursuant to this Agreement as specified in Attachment A. The
acquisition and maintenance of such insurance shall not affect the obligation of indemnity
established by Section 9 of this Agreement.
11. COMPLIANCE WITH LAW. ,
All activities undertaken pursuant to this Agreem~nt shall be in accordance with all
applicable ordinances, resolutions, statutes, rules and regulations of any federal, state or local
gov,~mmental agency of competent jurisdiction. ' , '
12. NOTICES.
All notices, demands, requests or approvals to be given under this Agreement shall be given
in writing and conclusively shall be deemed served when delivered personally or on the fifth
business day after deposit in the United State mail, postage prepaid, registered or certified, addressed
as follows:
All notices, demands, requests or approval from the District to the City shall be addressed to
the City at: i'
Department of Community and Cultural Services
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Attn: Director
All requests for payment shall be addressed to:
Department of Finance
City of Santa Monica
1717 4th Street, Suite 250
Santa Monica, CA 90401
Attn: Director
All notices, demands, requests or approval from the City to the District shall be addressed to
the District at:
Santa Monica-Malibu Unified School District
1651 16th Street
Santa Monica, CA 90404-3891
Attention: Asst. Supt. of Fiscal and Business Services
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13. AMENDMENTS TO AGREEMENT.
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In recognition of the fact that economic' and other. circumstances affecting the parties'
participation in this i}greement are subject to fluctuation and change, the parties expressly note and
agree that this Agreement may be amended or modified at any time by agreement of the parties. Any
amendment to or modification of this Agreement shall be in writing and shall be effective only upon
approval of the City Council of the City and the Board of Education ofthe District.
14. INTERPRETATION OF AGREEMENT.
The' terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply. The section headings
are for purposes ot convenience only. .
15. INTEGRATION OF AGREEMENT.
It is understood that there are no oral agreements between the parties hereto affecting this
Agreement and the subject matter thereof and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, oral agreements and understandings, if any, between the parties,
and none shall be used to interpret this Agreement.
16. SEVERABlLITY.
In the event that part of this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not
affect any of the remaining portions of this Agreement which are hereby declared as severable and
shall be interpreted to carry out the intent ofthe parties hereunder unless the invalid provision is so
material that its invalidity deprives either party of the basic benefit oftheir bargain or renders this
Agreement meaningless.
17. ATIORNEY'S FEES.
If a party to this Agreement is required to initiate or defend, or is made a party to, any action
or proceeding in any way connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be
entitled to reasonable attorney's fees.
18. APPLICABLE LAW.
This Agreement shall be construed and interpreted under and governed and enforced
according to the laws of the State of California.
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,.,~,",
, ,
." IN WITNESS WHEREOF, the parties have executed this Master Use Facilities Agreement as
of the day and year first above Written.
ATTEST:
CITY OF SANTA MONICA,
a municipal corporation
I
I,.
,~~~~ By
City'Clerk
APPROVED AS TO FORM:
SANTA MONICA MALffiU UNIFIED SCHOOL
DISTRICT, a unified school district
By:1~
Title: v ., . r-
9
ATTACHMENT A,
tHE DISTRICT'S INSURANCE OB~IGATION
, ,
The District shall secure before execution of this Agreementthe following types and amounts
of insurance:
I
"
Minimum Limits 'of Insurance.
The District shall obtain irtsurance of the types and ,in the amounts described below:
(1) Commercial General Liability Insurance:
The :q~strict shall maintain commercial general 'liability insurance or self-insurance
(CGL) with a limit ofnot less than Five Million Dollars ($5,000,000) each occurrence/Five Million
Dollars ($5,000;000) in the annual aggregate.
(2) Business Auto Liability Insurance:
The District shall maintain business auto liability insurance or self-insurance with a
limit of not less than One Million Dollars ($1,000,000) each'accident.
(3) Workers' Compensation and Employer's Liability:
The District shall maintain workers' compensation insurance or self-insurance as
required by the State ofCalifomia and Employer's Liability Insurance in the amount of One Million
Dollars ($1,000,000) per accident for bodily injury or disease.
Minimum Scope of Insurance.
(1) CGL insurance shall be written on Insurance Services Office Form CG 00 01
(or a substitute fonnproviding equivalent coverage) and shall cover liability arising from premises,
operations, independent contractors, products-completed operations, personal injo/Y and advertising
injury liability assumed under an insured contract (including the tort liability of another assumed in a
business contract).
(2) Business Auto Insurance shall cover liability arising out of any auto (including
owned, hired, and non-owned autos). Coverage shall be written on Insurance Services Office Form
CA 0001, CA 00 05, CA 00 12, and CA 00 20, or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage
equivalent to that provided in the 1990 and later editions ofCA 0001.
Other Insurance Provisions.
The general liability and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
1
(1) The City of Santa Monica, 'members of its <;ity Council, boards and commissions,
officers, agents, employees ahd volunteers are to be. covered as insureds with respect to liability
arising out of automobiles owned, leased, hired or borrowed by or on behalf of the District; and with
respect to liability arising out of the District's possession, occupancy, or use of the Premises pursuant
to this Agreement. Under the CGL policy, using the Insurance Services Office additional insured
endorsement form CG.20 10 or a substitute providing equivalent coverage. City and other additional
insureds mentioned in this paragraph shall not, by reason of their inclusion as additional insureds,
become liable fqr any payment o~premiums to carriers for such coverage.
General Liability. Workers' Compensation and Employer's Liability.
The insurer shall agree to waive all rights of subrogation against the City of Santa Monica,
members of its City C'Quncil, boards and commissions, officers, agents, employees and volunteers for
losses arising from'ac~ivities and operations of the District in the performance of services under this
Agreement. '
All Coverages.
Each insurance policy required by this Agreement shall be endorsed to state that coverage
shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City at the following address:
Department of Community and Cultural Services
City of Santa Monica '
1685 Main Street
Santa Monica, California 90401
Attention: Director
Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less thanA:6,
unless otherwise approved by the City's Risk Manager.
Verification of Coverage.
District shall furnish the City with original certificates of insurance and amendatory
endorsements affecting coverage required by this Agreement. The certificates and endorsements for
each policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be on forms provided by the City or on other than the City of
Santa Monica's forms, provided those forms and endorsements conform to the requirements. All
certificates and endorsements are to be received and approved by the City before this Agreement
commences. The City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements affecting the coverage required by these specifications at
any time.
2
. ,
THE CITY'S INSURANCE OBLIGATION
,
The City shall secure before execution ofthis Agreement the following types and amounts of
insurance: '
Minimum Limits of Insurance.
The City shall obtain insurance of the types and in the amounts described below:
(1) Commercial General Liability Insurance:
The City shall maintain commercial general liability insurance pr self-insurance
(CGL) with a limit of not less than Five Million Dollars ($5,000,000) each occurrencelFive Million
Dollars ($5,000,000) in the annual aggregate.
(2) Business Auto. Liability Insurance:
The City shall maintain business auto liability insurance or self-insurance with a limit
of not less than One Million Dollars ($1,000,000) each accident.
(3) Workers' Compensation and Employer's Liability:
The City shall maintain workers' compensation insurance or self-insurance as required
by the State of California and Employer's Liability Insurance in the amount of One Million Dollars
($1,000,000) per accident for bodily injury or disease.
Minimum Scope of Insurance.
(1) CGL insurance shall be written on Insurance Services Office Form CG 0001
(or a substitute form providing equivalent coverage) and shall cover liability arising from
premises, operations, independent contractors, products-completed operations, personal injury
and advertising injury liability assumed under an insured contract (including the tort liability of
another assumed in a business contract).
(2) Business Auto Insurance shall cover liability arising out of any auto (including
owned, hired, and non-owned autos). Coverage shall be written on Insurance Services Office Form
CA 0001, CA 00 05, CA 00 12, and CA 00 20, or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage
equivalent to that provided in the 1990 and later editions ofCA 0001.
Other Insurance Provisions.
The general liability and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
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(1) The Santa MonicafMalib\:l Unified School District, members of its Board of
Education, advisory committees, officers, agents, employees and volunteers are to be covered as
insureds with respect to liability arising out of auto~obil~s owned, leased, hired or borrowed by or
on behalf ofthe City; and with respect to liability arising out of the City's possession, occupancy, or
use of the Premises pwsuant to this Agreement. Under the CGL policy, using the Insurance Services
Office additional insured endorsement form CG 20 10 or a substitute providing equivalent coverage.
The District arid other' additional insureds mentioned in this paragraph shall not, by reason of their
inclusion as additional insureds, become liable for any payment of premiums to carriers for such
" ,
coverage. '
General Liability. Workers' Compensation and,Employer's Liability.
The insurer sh'~llagree to waive all rights of subrogation against the District, members of its
Board ofEduca~on. committees, officers; agents, employees and volunteers for losses arising from
activities and operations of the City in the performance of services under this Agreement. '
All Coverages.
Each insurance policy required by this Agreement shall be endorsed to state that coverage
shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the District at the following address:
Santa Monica-Malibu Unified School District
1651 16th Street
Santa Monica, CA 90404-3891
Attention: Asst. Supt. of Fiscal and Business Services
Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:6,
unless otherwise approved by the District's Risk Manager.
Verification of Coverage.
The City shall furnish the District with original certificates of insurance and amendatory
endorsements affecting coverage required by this Agreement. The certificates and endorsements for
each policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be on forms provided by the City. All certificates and
endorsements are to be received and approved by the District before this Agreement commences.
The District reserves the right to require complete, certified copies of all required insurance policies,
including endorsements affecting the coverage required by these specifications at any time.
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