HomeMy WebLinkAbout1998-10-27; City Council; Resolution 98-351h 0 a
1 I/ RESOLUTION NO. 98 - 351
2
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF AN INTERIM USE
AGREEMENT WITH SAN DlEGUlTO UNION HIGH SCHOOL DISTRICT
4 11 WHEREAS the San Dieguito Union High School District has leased space for school
5 // buses at the City’s Fleet Maintenance Yard for over ten years; and
6 /I WHEREAS the City Council has determined it is in the City’s best interest to continue
7 // this arrangement; and
8 I1 WHEREAS, the City and the District have negotiated a mutually beneficial interim use
9
10
11
12
13
14
15
16
17
agreement.
NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of Carlsbad
as follows:
1. The above recitations are true and correct.
2. The Interim Use Agreement between the City of Carlsbad and the San Dieguito
Union High School District attached hereto is hereby approved.
3. The City Manager is hereby authorized to execute said Agreement on behalf of the
City.
~
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its
l8 1 regular meeting held on the 27th day of October , 1998, by the following vote, to wit:
19
~
2o /1 AYES: Council Members Lewis, Nygaard, Kulchin and Hall
21
22
23
24
25
26
27
28
NOES: None
ABSENT: Council Member Finnila
NOES: None
ABSENT: Council Member Finnila
ATTEST:
l24LdiLP. !Lk
ALETHA L. WUTENKRANZ, City lerk
I ;1 z
0 0 Attachment A
INTERIM USE AGREEMENT
A98-70C
E.’
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 availabiiity 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 ZO’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.
6. City agrees to invoice District for the monthly rental charge, and District agrees to pay within
30 calendar days from receipt of invoice.
7. City may provide shop labor to District at the rate of $75.60 per hour depending on existing
City workload upon request by the authorized District representative.
8. City agrees that District employees will have access to City’s fleet facilities between the
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 facility.
9. The term of this agreement shall commence upon execution and expire June 30, 1999 with
an optional one-year extension term at the current agreement rate by mutual consent of
both parties.
school vehicles.
INSURANCE INDEMNIFICATION: District shall secure and maintain the following insurance
coverage during the term of this agreement:
Statutory Workers’ Compensation Insurance & Employers’ Liability Insurance
Comprehensive General Liability Insurance & Automotive Liability Insurance
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 and
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
h
d
I
rr e 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 City and District reserve 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 agreement
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
Title: City Manager
L