HomeMy WebLinkAbout1995-12-05; City Council; 13414; HOLD HARMLESS AGREEMENT WITH THE CARLSBAD FIREFIGHTER'S ASSOCIATIONi
2 0
0 U
F
d
8
2 3
-. Cv OF CARLSBAD - AGEWA BILL
AB # - T'TLE' HOLD HARMLESS AGREEmNT WITH THE MTG. I&- 5 - 9 5
DEPT. RM
RECOMMENDED ACTION:
Adopt Resolution No. '1 5 r
Carfsbad and the Carfsbad Firefighter's Association.
ITEM EXPLANATION
In September, the Carlsbad Firefighter's Association (CFA) purchased a 1947 SeaGraves Fir
Pumper. The fire engine was first purchased by the City of San Diego in 1947 and was
following restoration, plans to display the engine at fund raisers for charities, public educatio
events at local schools and stations, and other functions of public interest.
CFA has requested that the City allow the Association to store the vehicle at Fire Station #
and staff has agreed, provided that sufficient insurance is maintained on the vehicle. CFA
has attempted to secure automobile liability and property damage coverage per the City's
standard requirements ($1,000,000 with the City as additional insured), but has been unable
to locate such coverage at an affordable rate. The quotes the Association received range
from $2,500 to $3,000 annually. However, the Association has been successful securing
coverage in the amount of $300,000.
Considering the planned uses of this vehicle in charitable and other public service activities,
is staffs recommendation that this coverage is acceptable in conjunction with an agreement
(Exhibit 2) wherein CFA agrees to indemnify the City of Carlsbad against claims or liabilitie
from CFA's use or storage of the SeaGraves fire engine.
FISCAL IMPACT
None.
EXHIBITS
1. Resolution No. 9 5 - 337
2. Hold Harmless Agreement
DEPT.
CARLSBAD FIREFIGHTERS ASSOCIATION CITY I
CITY I
337 approving the hold harmless agreement between the City of
retired from service in 1974. CFA purchased the antique engine from a private party and,
J
1
2
3
4
5
6
7
a
9
lo
11
12
13
14
15
16
17
18
19
20
21
22
23
0 e
RESOLUTIONNO. 95-337
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD FIREFIGHTER'S ASSOCIATION
THE HOLD HARMLESS AGREEMENT WITH THE
WHEREAS, the City of Carlsbad Firefighter's Association (CFA) has purchased a
1947 SeaGraves fire engine for use in charitable and educational activities; and
WHEREAS, CFA wishes to store the antique fire engine at Fire Station #5; and
WHEREAS, the City supports the storage of the antique engine at Fire Station #
as long as CFA maintains adequate liability insurance and holds the City harmless from
and against claims from CFA's use or storage of the engine.
NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
hereby approved.
That the above recitations are true and correct.
That the Hold Harmless Agreement for the SeaGraves Fire Engine is
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
Council of the City of Carlsbad on the 5th
vote, to wit:
day of DECEMBER 1995, by the following
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NO=: None
ABSENT: Council
:: i Am=:
0 0
HOLD HARMLESS AGREEMENT
FOR SEAGRAVES FIRE ENGINE
This agreement is entered into between the City
Carlsbad and the Carlsbad Firefighter's Association, Inc. (CFA
1. CFA may store a 1947 SeaGraves fire engine at C
of Carlsbad's Fire Station Number 5 so long as it compl
with the following conditions.
2. CFA agrees to maintain a policy of automob
liability insurance with minimum coverage of $300,000
occurrence. This insurance shall be in force during the 1
of this Agreement and shall not be canceled without thi
(30) days prior written notice to the City of Carlsbad R
Management Division, sent by certified mail.
3. CFA hereby agrees to indemnify and hold the
City of Carlsbad harmless from and against any and all
claims or liabilities for property damage or personal
injury of any kind from CFA's use or storage of the
SeaGraves fire engine including all expenses, attorney's
fees and court costs incurred therefrom, except for
damage or injury resulting directly from the sole
negligence or willful misconduct of the City's officers,
agents or employees.
7 e a
4. The City of Carlsbad or CFA may terminate t
agreement at any time upon written notice to the other part
Acknowledged and agreed:
CARLSBAD FIREFIGHTER’S CITY OF CARLSBAD ASSOCIATION, INC,
KIM BhYLflK, President
Date: LEl/+q?c ’ Date: December 8, 1995
Mayor, City of Carlsbad
2