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Home My WebLink About1974-07-16; City Council; 3138; Request for approval of agreement•THE CITY O F CARLSBAD CALIFORNIA Agenda Bill No.Date: .Tnly Ifi, 1974 Referred To: CARLSBAD CITY COUNCIL Subject: REQUEST FOR APPROVAL OF'AGREEMENT BETWEEN CITY OF CARLSBAD AND CARLSBAD UNIFIED SCHOOL DISTRICT 'RE: BICYCLE .SAFETY PROGRAM Submitted By: JACK C. HAWE Chief of Police Statement of the Matter It 'is requested that the City Council adopt a Resolution approving and authorizing signature to an agreement between the Carlsbad Unified School District and the City of Carlsbad allowing the City to use certain school property (described in attached copy of agreement) for the purpose of conducting a bicycle safety program, and permitting the City of Carlsbad to make certain minor alterations on the surface of said property, subject to advance review and approval of the District Superintendent or Business Manager. -3 Exhibit #1- Copy of agreement. 2. Resolution No. execute. approving agreement, authorizing Mayor to Staff Recommendations to City Manager It is recommended that the City Council authorize signature of the above-mentioned agreement by the proper City officials. / " If! <- '-' AB No. Date: July 16, 1974 City Manager's Recommendation This is a continuation of an existing bicycle program that has been conducted by the City Police Department for several years. The program is being moved from its present location at Valley Jr. High to a new location at Laguna Riviera School. Some minor alterations to the ground are required which will be done with City equipment and personnel. It is recommended that Council adopt the resolution authorizing the Mayor to execute the attached agreement. Council Action 7-16-74 Resolution #3465 was adopted, approving the agreement, and authorizing the Mayor to execute the agreement. -2- RESOLUTION NO. 3465 2 3 4 5 6 7 8 9 10 11 12 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CARLSBAD UNIFIED SCHOOL DISTRICT FOR A BICYCLE SAFETY PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and Carlsbad Unified School District for a bicycle safety program, a copy of which is attached hereto marked Exhibit A and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on Q < COCO_lei<^ 0g'fe§£m«LL. . 'i_ >z*m Z" £z P >£ >H CO CD <LU _ii>o < i 5<si o 8 Q2 <mCO_jcc<o 14 15 16 17 18 19 20 21 22 O *Z23 24 25 o f26 27• \ 28 29 30 31 32 I behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 16th day of July , 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase, McComas, Lewis and Skotnicki. NOES: None. ABSENT: None. ^S) ^ 7 ' /^ -j& * S~~" ~~^^{^/i^^C^ --^f^^^ ROBERT/C. FRAZEE, Mayor ATTEST : ^-TrtttttiJ X 6%L**> MARGARE/t E. ADAMS, ^City Clerk /•" ', " •1 1 ; : (SEAL) • '•• • AGREEMENT BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT AND CITY OF CARLSBAD This agreement made and entered into this 24th day of June, 1974 by and between the Carlsbad Unified School District, hereinafter called "District" and the City of Carlsbad, hereinafter called "City". Now, therefore, in consideration of the premises, said City and said District do now agree to cooperate with each other in carrying out the abova purposes and to that end do agree as follows: • 1. The District permits use of the Laguna Riviera School site, corner of Kelly Drive and Hillside Drive, Carlsbad, California for the purpose of the City to conduct a bicycle safety program. 2. The District will permit minor alterations to the surface of the property for said use, all subject to advance review and approval of the '- District Superintendent or Business Manager. 3. That the personnel employed by the City in its bicycle safety educational program shall be under the supervision of the City and, further, that the District's business representative is expected to and will advise as to any future property changes for the bicycle safety program or in the use of facilities under said District's jurisdiction. 4. That the City agrees to maintain used area in good condition by periodically removing all debris and shall return area to original condition including proper grades and drainage within forty-five (45) calendar days upon completion of its bicycle safety educational program or the date of termination of the agreement, whichever occurs first, 5. That the City shall, prior to entering the District's property, furnish the District with a certificate of insurance which will hold harmless EXHIBIT A anci 'free from liability the District, the Board of School Trustees .and its officers, agents or employees while acting as such, from all damages, costs or expenses which any of them shall become obligated to pay by reason of liability imposed by law because of injury to or death of persons, received - or suffered by reason of operation of the bicycle safety educational orograti upon said premises, and further, the City shall be responsible for any or all damages to all District property caused as a result of any bicycle safety educational program activity being conducted on. said premises by the City. 6. This agreement and the services hereunder shall be effective on the 1st day of .July, 1974 and shall thereafter continue until terminated. 7. Notwithstanding any other provision of this agreement to the contrary, this agreement may be terminated at any time by either party hereto by a thirty (30) day notice in writing. » In witness whereof, the parties hereto have caused this agreement to be executed on their behalf. CITY City Manager By: CARLSBAD UNIFIED SCHOOL DISTRICT By : .____ . Robert £. Laubscherx Acting District Superintendent Approved by the Governing Board on June 24, 1974. - 2 July 24, 1974 Carlsbad Unified School District 801 P1ne Avenue Carlsbad, California 92008 ATTENTION: Gentlemen: Mr. Fred Lance Business Manager Enclosed for your records 1s a copy of Resolution No. 3465 authorizing execution of an agreement between the City of Carlsbad and the Carlsbad Unified School District and a copy of the agreement which allows the City to use certain school property for the purpose of conducting a bicycle safety program. Yours very truly, MARGARET Virginia Enclosure E. M, ADAMS, Smith, City Clerk Deputy IMA INSURANCE COMPANY OF NORTH AMERICA AND PACIF(_ EMPLOYERS GROUP OF INSURANCE COMPANIES CERTIFICATE OF INSURANCE (This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage, limits, terms or conditions of the policies it certificates.) QUp* n to (Herttt^ to nThe City of Carlsbad 1200 Elm Ave. Carlsbad, CA. COMPANY CODES g] ALLIED INSURANCE CO. [3] PACIFIC EMPLOYERS INDEMNITY CO. PACIFIC EMPLOYERS INSURANCE CO. INSURANCE COMPANYI Attn: Margaret Adams i „ I— —I is OF NORTH AMERICA that the following described policy or policies, issued by The Company as coded below, providing insurance only for hazards checked by "X" below, have been issued to: Name and Address CARLSBAD UNIFIED SCHOOL DISTRICT, A MEMBER OP THE SOUTHWESTERN of Insured— SCHOOL DISTRICT SAFETY GROUP, Carlsbad, CA. 92008 covering in accordance with the terms thereof, at the following location(s): State of California including Council Chambers. Citv of Carlsbad TYPE OF POLICY (a) Standard Workmen's Compensation & Employers' Liability (b) General Liability Premises — Operations (including "In- cidental Contracts" as defined below) 5 Elevatorsc j. Independent Contractors 1> Completed Operations/ProductsCD Contractual, (Specific type as de- scribed in footnote below) Premises - Operations, (Including B "Incidental Contracts" as defined ? below) 2 Elevators ~ Independent Contractors 8.o Completed Operations/Productsa. Contractual, (Specific type as de- scribed in footnote below) (c) Automobile Liability Owned Automobiles.>>. '•5 5 Hired Automobiles & — Non-owned Automobiles >o, Owned Automobiles t 0 u£ Hired Automobiles Q Non-owned Automobiles (d) HAZARDS D Q QQ a aaa aaa nnn CO. CODE a E ana aan POLICY NUMBER SP 50736 POLICY PERIOD 7/1/74— Until Cancelled LIMITS OF LIABILITY Statutory W. C. $ One Accident and Aggregate Disease 1,000,000. $ _. . Each PersonSingle Limit $D Accident $ -f Each ir-iOl (Ut Occurrence Liability $ Aggregate — Completed Operations/Products 1,000,000. ^D Accident $ Single ^ /Q Occurrence Limit $ Qf Aggregate — Prem./Oper. $ Aggregate — Protective $ Aggregate — Completed Liability Operations/Products $ Aggregate — Contractual j $ Each Person / $D Accident L $ Each jr-i1 ( 1 — 1 Occurrence / $D AccidentV $ Each }r-|/ ( i — I Occurrence Contractual Footnote: Subject to all the policy terms applicable, specific contractual liability coverage is provided as respects D a contract / d purchase order agreements / D all contracts (check applicable blocks) between the Insured and: Name of Other Party: Dated (if applicable): —Contract No. (if any):^ Description (or Job): Definitions: "Incidental contract" means any written (1) lease of premises (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator maintenance agreement. It is the intention of the company that in the event of cancelation of the policy or policies by the company, ten (10) days' written notice of such cancelation will be given to you at the address stated above. LC-1389a (150M4/73) PTD. IN U.S.A. 1- ORIGINAL INaUiiANCE Authorized Representative