SR-03-27-1979-6E9Santa Monica, Calif
TO: Mayor and City Council
FROM: City Staff
iia, March 13, 19.79
MAR 2 7 1979
SUBJECT: Joint Use Agreement -- Santa Monica College District
Introduction
This report is concerned -with amending an existing joint use agreement for
facilities with the Santa Monica College District.
Background
At their December 19, 1977 Council meeting, the City Council approved a joint
use agreement between the City and the Santa Monica College District. This
agreement provides for the City and District to cooperatively grant the use
of grounds and facilities to the two authorities as outlined in the attached
document.
At the present time, staff wishes to amend the agreement with the addition of
a hold harmless clause.
Provision of the Agreement
The new agreement incorporates a hold harmless clause in which case both City
and District promise to indemnify and hold harmless each other, its governing
bodies and officers and employees:
"from any and all claims, demands, actions, liability or loss
which may arise from, or be incurred as the result of, injury
or damage to persons or property during the use of (District's)
(City's) facilities ".
Alternatives
1. Council may approve the revised agreement as presented and authorize the
City Manager to sign.
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MAR 2 7 1979
T0: Mayor and City C icil
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.arch 13, 1979
2. Council may modify the agreement as desired and instruct the staff to
negotiate according to Council direction.
Recommendation
Staff recommends Council approve Alternative No. l approving the attached
agreement and authorize the City Manager to sign.
Prepared by: Donald T. Arnett, Director
Recreation and Parks
DTA:pp
Attachment
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A G R E E M E N T
(Community Recreation, College Physical
Education and Athletics Agreement)
THIS AGREEMENT made and entered into on this day of
, 1979, by and between the CITY OF SANTA MONICA, here -
7 inafter referred to as "City ", and the SANTA MONICA COMMUNITY
8 COLLEGE DISTRICT, hereinafter referred to as "District ", both of
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understand as follows:
WHEREAS, City and District, mutually desire to promote the
health and welfare of the people of the City and of the District,
and to cultivate and develop good citizenship by providing for a
program of community recreation and college physical education And
1411athletics and to conduct such programs of community recreation and
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college physical education and athletics as will contribute to the
attainment of general educational and recreational objectives for
students and people of said College District and said City; and
WHEREAS, the City and District desire to cooperate with each
other to carry out such a recreational, physical education and
athletic program under the provisions of Chapter 6 of Division 02
of the Education Code, and to that end to enter into an agreement
with each other to organize, promote, and conduct joint programs
in order to promote and cultivate the health, welfare and good
citizenship of the students and people of the City and the District,
and;
WHEREAS, the City and District have previously maintained a
(cooperative working arrangement, which has shown that the use of
grounds and facilities by the two authorities can afford the
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community increased recreational, physical education and athletic
opportunities at costs below what would otherwise be required of
our comparable programs, and;
WHEREAS, the development of a recreational, physical educatic
and athletic programs to meet the needs of the College and the com-
munity requires optimum use of all publicly owned facilities which
are adaptable to use for recreational, physical education and
athletic purposes,
NOW THEREFORE, in order to continue and improve the cooperat
of the City and the District in providing a program of community
recreation, physical education and athletics more adequate for the
students and adults within the boundaries of both the City and the
District, it is hereby mutually agreed that:
I. Provision for Facilities
That the District shall make available to the City the
use of certain outdoor facilities and buildings or portions thereof,
as specifically requested and for the time requested, subject to
the following conditions:
a. That there shall be no charges for the cost of operation
of the college facilities used for community recreational
purposes; any extraordinary cost of the operation shall b
subject to negotiation by the two agencies pursuant to th
provisions of sub - paragraph d. hereof.
b. The party having responsibility for the supervision of a
program or activity of the community recreation programs
may charge a fee to participants in recreational classes
for costs of supervision, instruction or materials used
(so called "program costs "). Such fees may be retained
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by the supervisory authority as a part of its budget for
providing leadership in the community recreation program.
Any such fee scheduled to be charged must be reviewed by
the Recreation and Parks Commission, by the City Council
of the City of Santa Monica or by the Board of Trustees
of the District, whichever is applicable. No fee shall
be charged in violation of Education Code Sections 16653
or 16661.
C. The Recreation and Parks Department shall provide, pay
and supervise the recreational leadership at college
facilities where applicable. Any Recreation and Parks
personnel desiring use of school facilities must make
application for the same through the central office of
the Recreation and Parks Department, which will coordinat
such use through the College Facilities Permit Administra
College facilities desired must not be used until notifi-
cation of the granting of permit is received. All other
evening and summer use of recreational facilities shall
be scheduled through the Recreation and Parks Department,
subject to regulations set forth by the College District.
d. That types and number of, and any extraordinary cost to b
assessed for use of District facilities which are to be
used for recreational purposes and schedules for use of
said facilities shall be established by a committee com-
prised of the District Superintendent and President, the
City Manager, the Director of Recreation and Parks and /or
their appointed representatives, subject to the approval
of the Board of Trustees of District and the City Council
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of the City.
e. No use of buildings, grounds or equipment of District for
community recreation purposes pursuant to this agreement
shall interfere with the use of the buildings, grounds an
equipment for other purposes of the College District.
College programs and events shall have first priority.
The Community Recreational program shall have second
priority. Therefore, if an educational need arises after
establishment of any schedule, the City shall relinquish
its permit to use the District Facilities for such educa-
tional need. The District will provide two weeks- advance
notice to the City should such cancellations become
necessary.
f. That advance schedules may be altered at the request of
either party with the concurrence of the other party.
g. That the Administrative authority for any recreation pro-
gram shall be vested in the City Director of Recreation
and Parks. Actual program direction shall be the respon-
sibility of the Recreation Superintendent through a
delegated Recreation Supervisor,
h. That the College shall be consulted and advised concernin
recreational activities planned for College facilities.
i. That the City Department of Recreation and Parks shall
provide the materials, supplies and equipment necessary
to conduct its recreational programs except that equipmen
normally provided by the District and used for educationa
and recreation programs may be provided from Community
Service Funds.
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j. That the City Department of Recreation and Parks shall
return buildings and grounds used in as good condition as
they were when received, and shall replace and repair any
buildings, equipment or grounds which are proven to be
damaged by City use.
k. That the City Department of Recreation and Parks shall
provide certain custodial and maintenance service upon the
request of the District if major city -wide special recrea-
tional events or activities should cause need for addi-
tional custodial service.
1. That the City and College District shall periodically
meet and confer and exert reasonable efforts to effectua
the acquisition and development of additional facilities
for joint use by the College and City for educational,
athletic and recreational purposes.
M. That the City and College District shall execute a
separate agreement covering the contribution of dollars o
in -kind services to the supervision and operation of
community recreation programs operating in school facilit
or on school grounds.
That the City shall make available to the District the us
of certain outdoor facilities and buildings or portions thereof and
for the time requested, subject to the following conditions;
a. That there shall be no charge for the cost of operation o
the City facilities used for College physical education o
athletic purposes; any extraordinary costs of the operat
shall be negotiated by the two agencies pursuant to the
provisions of sub - paragraph d. hereof.
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b. The College having responsibility for the supervision of
physical education or athletic programs may charge a fee
to participants or spectators for costs of supervision,
instruction or materials used, subject to provisions of
the Education Code. Any such fee scheduled to be charged
may be reviewed by the Recreation and Parks Commission, b
the City Council of the City of Santa Monica or by the
Santa Monica College Board of Trustees, whichever is
applicable, No fee shall be charged in violation of
Education Code Sections 16653 or 16661.
C. The College shall provide and pay for supervision at City
facilities where applicable. Any college personnel
desiring use of such facilities must make application for
the same through the Coordinator of Physical Education an
Athletics, who will coordinate such use through the City.
City facilities desired must not be used until notificati
of the granting of permit is received. All other evening
and summer use of city recreational facilities shall be
scheduled through the Coordinator of Physical Education
and Athletics, subject to regulations set forth by the
City District.
d. That types and number of, and any extraordinary cost to b
assessed for use of City facilities which are to be used
for physical education or athletic purposes and schedules
for use of said facilities shall be established by a
committee comprised of the District Superintendent and
President, the City Manager, the Director of Recreation a
Parks and /or their appointed representatives, subject to
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approval of the Board of Trustees of District and the City
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Council of the City.
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e.
No use of buildings, grounds or equipment of City for
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College physical education and athletic purposes pursuant
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to this agreement shall interfere with the use of the
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buildings, grounds and equipment for other purposes of the
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City. College physical education and athletic programs
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and events shall have second priority. Therefore, if a
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City recreational need arises after establishment of any
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schedule, the College shall relinquish its permit to use
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the City facilities for such recreational need. The City
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will provide two weeks advance notice to the District
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should such cancellation become necessary.
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f.
That advance schedules may be altered at the request of
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either party with the concurrence of the other party.
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g.
That the Administrative authority for any physical
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education and athletics program shall be vested in the
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College Coordinator of Physical Education and Athletics.
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h.
That the City Department of Recreation and Parks shall be
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consulted and advised concerning physical education or
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athletic activities planned for City facilities.
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i.
That the College shall provide the materials, supplies
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and equipment necessary to conduct its physical education
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and athletic programs.
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j.
That the College shall return buildings and grounds used
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in as good condition as they were received, and shall re-
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place and repair any building, equipment or grounds which
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are proven to be damaged by College use.
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k. That the College shall provide certain custodial and main-
tenance services upon the request of the City if major
college events or activities should cause need for addi-
tional custodial service.
1. The City and College District shall execute a separate
agreement covering the contribution of dollars of in -kind
services to the supervision and operation of college
physical education and athletic programs in City facili
or grounds.
M. That certain community recreation agreements dated July
26, 1949; May 22, 1951; November 12, 1952; December 22,
1953; March 8, 1955; and April 11, 1967 between the
hereto is terminated.
n. City promises to indemnify and hold harmless District,
members of its Board of Trustees and District's officers
and employees while acting as such, from any and all cla
demands, actions, liability or loss which may arise from,
or be incurred as the result of, injury or damage to
persons or property during the use of District's
facilities by City.
o. District promises to indemnify and hold harmless City,
members of the City Council and City's officers and
employees, while acting as such, from any and all claims,
demands, actions, liability or loss which may arise from,
or be incurred as the result of, injury or damage to person
or property during the use of City's facilities by District
This agreement may be amended or modified by written agreement
executed by both parties. Either party may terminate this agree-
.d
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ment effective at the commencement of a fiscal year (July 1) by
giving written notice to the other party at the earliest possible
date prior to the final adoption of the District and City budgets
for the terminated fiscal year and at least 15 days prior to the
date the other party adopts its final budget for said fiscal year.
The District reserves the right to make separate agreements with
any other city falling wholly or partly within its boundaries and
with any other contiguous college districts and City reserves the
right to make separate agreements with any other college district
falling wholly within its nearby area.
This agreement shall commence when approved and signed by both
parties, and shall be deemed to be automatically renewed on or about
July 1 of each year unless terminated.
DATED this day of
ATTEST:
City Clerk
Approved as to form:
Ginty Attorney
, 1979.
CITY OF SANTA MONICA
By
City Manager
SANTA MONICA C014MUNITY COLLEGE
DISTRICT
Richard L. Moore
Superintendent and President
ME