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Home My WebLink About1998-10-27; City Council; 14906; APPROVAL OF INTERIM USE AGREEMENT WITH SAN DEGUITO UNION HIGH SCHOOL DISTRICT TO RENT SPACE TO ACCOMODATE DISTRICT FLEETe 0 Y"/ y 2 A. CITY OF CARLSBAD -AGENDA BILL 4 I I I w/ 1 AB# /y 906 MTG. 10127198 DEPTYHD: e TITLE: CITY MGR 2 DEPT. PW CITY ATTY. SAN DlEGUlTO UNION HIGH SCHOOL DISTRICT TO APPROVAL OF INTERIM USE AGREEMENT WITH RENT SPACE TO ACCOMMODATE DISTRICT FLEET L I I I z 0 F 0 .. a 1 G z 3 0 0 RECOMMENDED ACTION: Adopt Resolution No. 018 /3x/ authorizing the City Manager to execute an intc agreement with San Dieguito Union High School District to lease space at tl operations yard for school bus parking and service. ITEM EXPLANATION: The San Dieguito Unified School District has parked school buses at the Fleet OF yard for over ten years on a long-term lease. This lease expired this summer, buses have remained pending negotiation of another lease agreement. In addition to continuing the parking arrangement, the District has requested the us of the City's service bays to service the vehicles. Staff is amenable to this requc City and the District have agreed to the District using City supplies and reimbursing for the City's cost of said supplies, plus 20% to cover overhead costs. The part also agreed that the City may provide the District with shop labor at the rate of $7 hour. The agreement before you for your consideration will generate $600 rental per month, plus supplies and labor. Since the execution of the initial agreement, the needs of the City have changed. is currently developing the concept design plan for the public works operation: Therefore, staff is recommending a lease term through the end of the fiscal year, option to renew annually thereafter. The agreement may be terminated by either convenience with 60 days notice. Upon commencement of construction of th Works Operations Center, the lease would be terminated. FISCAL IMPACT: This agreement would provide $7,200 revenue annually to the Vehicle Maintenan1 As the Vehicle Maintenance Fund is an internal service fund, vehicle maintenar would be reduced to other City departments. EXHIBITS: 1. Resolution No. 9 8- 3.51 + 0 4D 1 2 3 RESOLUTION NO. 98 - 151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN INTERIM USE AGREEMENT WITH SAN DlEGUlTO UNION HIGH SCHOaL DISTRICT 4 5 6 WHEREAS the San Dieguito Union High School District has leased space for buses at the City's Fleet Maintenance Yard for over ten years; and WHEREAS the City Council has determined it is in the City's best interest to c( 7 I/ this arrangement; and 8 9 10 I1 WHEREAS, the City and the District have negotiated a mutually beneficial inter agreement. NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of C as follows: 12 13 14 15 16 17 1. The above recitations are true and correct. 2. The Interim Use Agreement between the City of Carlsbad and the San I Union High School District attached hereto is hereby approved. 3. The City Manager is hereby authorized to execute said Agreement on beha City. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsb 18 19 regular meeting held on the 27th day of October , 1998, by the following vote, 2o i AYES: Council Members Lewis, Nygaard, Kulchin and Hall 21 22 23 24 NOES: None ABSENT: Council Member Finnila 25 11 ATTEST: 26 27 28 - u4. ,J" / ALETHA L. RAUTENKRANZ, City 0 0 Attachment A INTERIM USE AGREEMENT A98-70C C‘ This agreement is made this 27 th day of October ,1998 by and between the City of Carlsbad, hereinafter referred to as City, and the San Dieguito Union High School District, hereinafter referred to as District. WHEREAS, City has repair facilities available to accommodate maintenance and storage of District‘s vehicles located at 2480 Impala Drive, Carlsbad, California; and District has need to rent space to accommodate District‘s fleet of vehicles. THEREFORE, the parties to this agreement agree to the following: 1. District has access to the City of Carlsbad’s Fleet Facility to house a total of twenty-five (25) 2. District will service all vehicles located at City’s Fleet Facility, utilizing City’s service bays. 3. District will have access to a service bay to service District vehicles at times convenient to City’s schedule on a daily basis. City to provide District with schedule of availability of service bay on a monthly basis. 4. District will pay City for all City supplies (lubricants and materials used) as shown on repair reports; the cost will be the City‘s cost plus 20% to cover overhead. City will provide confirmation of cost of supplies when submitting invoices to District for payment. 5. City agrees to rent a 20’X40’ service bay to District at a rate of $0.75 per square foot/per month; therefore, the monthly rental charge will be $600.00 per month or prorated portion thereof. school vehicles. 6. City agrees to invoice District for the monthly rental charge, and District agrees to pay withil 7. City may provide shop labor to District at the rate of $75.60 per hour depending on existing 8. City agrees that District employees will have access to City’s fleet facilities between the 30 calendar days from receipt of invoice. City workload upon request by the authorized District representative. hours from 6:30 a.m. to 4:30 p.m., Monday through Thursday and from 7:OO a.m. to 3:30 p.m. on Friday. City agrees to provide key to access faality. 9. The term of this agreement shall commence upon execution and expire June 30,1999 with an optional oneyear extension term at the current agreement rate by mutual consent of both parties. INSURANCE INDEMNIFICATION: District shall secure and maintain the following insurance coverage during the term of this agreement: Statutory Workers’ Compensation Insurance 81 Employers’ LiabiIdy Insurance Comprehensive General Liabi/ify lnsurance & Automotive Liability lnsurance Both the comprehensive General Liability and Automotive Liability insurance policies shall provide coverage for bodily injury, personal injury or property damage in the amount of $1,000,000 and name City as additional insured. District shall indemnify, defend, and hold harmless City from and against all claims anc actions, and all expenses incidental to such claims or actions based upon or arising out of damage to property or injury to persons or other tortious acts caused or contributed to by 0 0 District or anyone acting under its direction or control or in its behalf in the course of District's performance under this agreement. TERMINATION: Both Clty and District resewe the right to terminate this agreement in whole or in part at any time during the term of the agreement by written notice. Upon receipt of any termination notice, termination will go in effect sixty (60) days from date on notice. City will discontinue services on the date and to the extent specified in the notice. ENTIRE AGREEMENT: This agreement constitutes the entire agreement of the parties and supersedes all prior written or oral and all contemporaneous oral agreements, understanding, and negotiations between the parties with respect to the subject matter hereof. This agreemen is intended by the parties as the final expression of their agreement and may not be contradicted by evidence of any prior to contemporaneous agreement. MODIFICATIONS: This agreement may not be modified, changed or supplemented nor may any obligations hereunder be waived or extensions of time for performance granted, except by written instrument signed by both parties. NOTICES: Any notice required to be given hereunder shall be deemed to have been given either when served personally, by facsimile, or postmarked mail addressed to the parties at the addresses set forth in the agreement. IN WITNESS WHEREOF, the parties have executed this agreement effective as of the. date first written above. San Dieguito Union High School District City of Carlsbad 710 Encinitas Boulevard Encinitas, CA 92024 By: 6- V Title: "8-L"jf-b Tie: City Manager 8 e - City of Carlsbad October 29, 1998 Donna Caperton, Purchasing Director San Dieguito Union High School 71 0 Encinitas Boulevard Encinitas, CA 92024 RE: INTERIM USE AGREEMENT A08-70C Enclosed for your records are copies of Carlsbad City Council Agenda Bill No. 14,906 and Resolution No. 98-351. These documents were approved by Council on October 27, 1998. Also enclosed is a copy of the executed agreement for the above reference( project. If you have specific questions regarding this agreement please call Julie Ross at (760) 434-2949. -De KATHLEEN D. SHOUP Sr. Office Specialist 1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1989 0 (760) 434-281