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Home My WebLink About06 SAFE-RIDES PROGRAM 01-19-99· AGENDA Inter-Corn NO. 6 1-19-99 DATE' JANUARY 19, 1999 TO' FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER POLICE DEPARTMENT COUNCIL RATIFICATION-SAFE-RIDES PROGRAM AGREEMENT RECOMMENDATION That Council ratify the agreement between the Police Department and the Orange County Council of the Boy Scouts of America authorizing utilization of the police facility as an interim base for the Boy Scouts "Safe-Rides" program. FISCAL IMPACT None - Costs to administer the program will be borne by the Boy Scouts of America. BACKGROUND The Orange County Council of the Boy Scouts of America conducts a program for area youth called the "Safe-Rides" program. This program provides a safe ride home to youths when, for any reason, they are unable to do so on their own. Pending acquisition of a permanent location for this program, the Scouts requested permission to utilize the City police fadl~ty on Friday and Saturday evenings as an interim base for their operation. This utilization would begin in December 1998 and end May 1999. A Letter of Agreement was drafted by our City Attorney and signed by the Boy Scouts of America. The agreement and required cer~cates of insurance were obtained and are attached. It is requested that Council ratify this agreement entered into by the Boy Scouts and the Police Department for temporary use of the police fad]ity. STEVE FOSTER Chief of Police SF:et Attachment LAw OFFICES OF WOODRUFF, SPRADLIN & SMART A PROFESSIONAL CORPORATION MEMORANDUM TO: Chief Steve Foster, Police Department · City of Tustin FROM: City Attomey DATE: RE: November 30, 1998 Police Department Facilities Use Agreement/Boy Scouts of America In reviewing the request by the Boy Scouts of America ("BSA") to use Police Department facilities for the "Safe-Rides" program, it is necessary that an agreement in writing be signed by both the City and BSA which would require not only that BSA carry appropriate insurance, but also to indemnify the City in connection with the use of the Police facilities. Attached hereto is a proposed letter agreement between BSA and the City of Tustin. We have prepared the letter agreement so that you can sign on behalf of the City with the City Council taking subsequent action to ratify the agreement. A representative from BSA would need only to acknowledge the original letter and return it to your office. If you have any questions or comments regarding the foregoing or the attached letter agreement, please do not hesitate to contact our office. CC: William A. Huston, City Manager Lois E. Jeffrey, City Attorney 1100-00026 72024_1 Police Department C,~e~ ol Police (7 ] 4) 573-3300 AOmlniSlTotion (714) 573-3306 C ommur~, Res. (714) 573-3285 Traffic Section (714) 573-3215 Comrnun~callons (714) 573-3225 Records Bureau (714) 573-3201 Investigofions (714) 573-3240 ~oDerrv/Evidence (714) 573-3232 Personnelfrroining (714) 573-3289 December 1, 1998 Mr. Mark A. Jones Exploring Executive Orange County Counsel Boy Scouts of America 3590 Harbor Gateway North Costa Mesa, CA 92626-1425 Dear Mr. Jones: City Of Tustin 300 Centennial Way Tustin, CA 92780 Safe Rides Program Police Department Facilities Use Agreement Thi~ letter constitutes an agreement between the City of Tustin CCity') and the Orange County Counsel of the Boy Scouts of America ('~BSA') with respect to BSA's interim use of City police facilities to employ the BSA-sponsored Safe Rides Progrnm. Accordingly, and in consideration for City providing BSA the use of City police facilities, BSA agrees to the following covenants and conditions with respect to that use: . BSA shn]] administer the Safe Rides Progrnm within City police facilities only on Friday and Saturday evenings beginning December 1998 and ending May 1999; . BSA shall at nll times during use of City police facilities provide all personnel and equipment necessary to adequately operate the Safe Rides Program; . BSA shall assume all costs for administering the Safe Rides Program during use of City police facilities; and . At the end of each shi~t of the Safe Rides Progrn_m, BSA shn!] be responsible for n!l cleanup of City police facilities prior to leaving. Mr. Jones Safe Rides Program December 1, 1998 Page 2 BSA agrees that prior to use of City police facilities BSA shall submit to City proof of public liability and property damage insurance, including automobile liability coverage, written by an insurance company acceptable to City in the limits set forth below, naming City as a_n_ additional insured. Public liability and property damage insurance shall be required in the amount of not less than one million dollars ($1,000,000) per occurrence. Automobile liability insurance shall be required covering owned and non-owned vehicles with a combined single limit of not less than three hundred thousand dollars ($300,000) per occurrence. BSA further agrees to indemnify, defend, and hold harm]ess City and all of its officers, directors, agents, representatives, and employees (collectively the "Parties") of and from any and all clnims, demands, causes of action, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to BSA's use of City facilities while carrying out the Safe Rides Program. Notwithstanding anything to the contrary and foregoing, nothing in this subsection shall operate to relieve either party to this indemnity from any loss, damage, injury, or claim found by a court of competent jurisdiction to have been caused solely by the gross negligence or willf-ul misconduct of such party. The provisions of this indemnity shall be binding on BSA and to any successors-in-interest. City and BSA agree that City may terminate this agreement for any reason by giving BSA written notice thereof within thirty (30) days of termination. When signed by both BSA and City, this letter will constitute a binding agreement. CITY OF TUSTIN POLICE DEPARTMENT BOY SCOUTS OF AMERICA ORANGE COUNTY COUNSEL JEC:SF:ks DEC-03-1~98 i CERTIFICATE NO: I PRODUCE~ 12:Z2 LIBERTY MUTUAL P_O. BOX ! 52067 IRVING, TEXAS 75015:.2067 INSUI~D LOCAL BSA CO_U_NCIL NAME & ADORES_S: __ _ ORANGE COUNTY COUNCIL BOY 800UT8 OF AMERICA 3590 HARBOR GALWAY NORTH COSTA MESA, CA 9262 1425 ut- o,---I ......... "1 '' THiS C-ERTIFICAT~ L~ I$$'JGI3 AS A MA[~I:R OF IHf:ORMATION ONLY AND CONFERS NO RIGHTS U~ON THE Crr. RT~'ICATE HOLDER 134AN THOSE PROVIOEO IN THE POLICY THiS CERTIFIGAI~ ODES NOT AMEND, F. XTEND ~ ALTER THE COVERAGE ~eI~OR~3EI3 BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE L[BERTY MUTUAL -- COVERAGE THIS IS TO CERT[.eY ~'HAT THE P01,1C]ES OF INSLI~CE ~ IIEL0t~ HAV~ BErN I~$UE6 TO THE INSURe.0 WED ABOVE FOR THE POL1CY PERIOD INDICATED, NOTVVITH$'rANDIN{: ANY REOUIREMENT. TERM O~ CONI)Itq'ON OI; .M, IY CcH'ri[ACT OR OTHER OOC.~UNIENT 11NITH RE6PECT TO VWlICH THIS CERTIFICAYE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DF.~CRI~.O HEREIN t~ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CoNDmON6 OF SUCH POLICIES. LIMITS 'SHOWN MAY HAVE BEEN REDUCED EIY PAll: TYPE OF INSURANCE ~EN ~.11~ UABlU't'Y COMMERCIAL GENEI~M- UA~ITY CLJ~s ~ OWNER'S CONTI~¢TOR'S PROT. AUTOMOBn. E I.IAB~JTY ANY AUTO ALL OWNED AUTOS $CHEOULED AUTOS HIRED AUTOS NON-OWNED AUTO5 GARAGE ExCES~ LIA~IU'rY UMBRELLA FORM OTHC~q. TH~ UMBRELI..~ POLICY NUMBER TB1-191-409751-12g POL POUCY EXPIRA'I1ON OATE~IiiIM/o[~rY) DATE(MM/~DrI'Y} 03/01/98 03/01/99 W13RKER'$ COMPEN~TION AND EYPLOYER~' i. IABIU'TY LIMITS GENE R.AL AC..~REGATE $ ' 1,000,000.00 PRODUCTS-COMP/CPS AC.~.,~C~TE ~ & ~R~SING I~URY ~ OCCUR~,C~ $ 1,000,000.00 r~r~ O~MAGE V~Y am ~'~) S~iGLE uMrr INJURY U,IJURY PROPERTY D~J~4AGE F. ACH AGGREGATE OCCURRENCE $ $ STATUTORY (~ACH ACCIDENT) ~E$CRU=T~ON Or Ot~ElalATIONS/LOCATtON~'~tT, HICI-E~PECIAL THIS C£RT[F[CATF. IS THTI::.HD£D TO BF_ USED AS "PRO0[: 0¥ TNSU~*.NCE" ONLY- RegiStered Explorer Scouts of OC BSA C&NCELL.~TION City of Tustin PO Box 3539. Tustin, CA 92681-3539 SHOULD ANY OF THE ABOV~ DESCRIBED POLICIES ~E CANCELLED BEFORE[ T~E EXPECT;ON c ~LL END~VOR T0 ~IL 30 DAYS ~l~E~ NOT THEREOF THE INSURER ~FO~tN~~ ...... ~ F~LURE TO MAIL SUCH NOTICE ~POSE NO OBLIGAT~N OR L~IUW O~ ~v ~ v~v ...... AGENTS OR ~SE~AT~S. O~ THE ISSUER OF THIS CE~ICA~- BY LIBER~ MUTUAL ,, ~ TOTAL F'. 02 Allstate Insurance Company Policy Number: 0 34 980771 02/01 Your Agenf: Sloven C $chwet (714) 573-0391 Policy Elleclige Oale: Feb. 1, 1998 COVERAGE FOR VEHICLE # 3 1996 Jeep Cherokee COVERAGE --'"~m~.__.___._,... Automobile Liability Insurance · Bodily injury · Property Damage Uninsured Motonsts Insurance for Bodily lnjuny Coordinated Medical Protection Auto Collision Insurance W_____aiver of deductible applies LIMITS -~ DEDUCTIBLE $100,000 each person Not Applicable 5300,000 each occurrence $50,000 each occurrence ~"--.-------.-...,~.___.__.____~ _. $30.000 each person Not Applicable $60000 _ each a___.~c_cident $5,000 each person See Note Below Actual Cash Value $500 PREMIUM $406.00 $21.00 $204.00 Auto Comprehensive Insurance Actual Cash Value $250 Total Prendem for g6 Jeep Cherokee $105.00 DJSCOUIilT$ Your premium for this vehicle reflects me following discounts: Good S~,Jdent Passive Restraint MulUple Car' MultiPle Policy Renewal ,~remier Plus Level Two Antilocl( Brai(es NOTE · Coordinated Medical Protection is excess over other medical insurance. A deduc£Jble ol~ $2.000 per person will apply to you or a resident relative not covered by a primary medical plan. EFF EXP POLICY NUMBER: ,~79g~048 IlPI DATE 07/].0/9~) DATE 01/10/99 INSURED{S) STANFORD L SOUTHALL 2521N SUNFLOWER #P-9 SANTA ANA CA 92704 YEAR: Heets the Requ/raments o~= Sect/on l&05& 1998 MAKE: CiViC LX VIN: JHHEJ66771dS006478 To change driver/auto/coverages call: Policy Service (818) 704-3100 Office hours: Mon, through Thurs. 8:15 - 4:55 Frh 8:15- 1:10 20th Century Insurance ComDany 21st Century Casualty Company 6301 Owensmoutn Avenue ~ Wo(x~tancl HillS. California 91367 CLAIHS SERVICE PHONE= (800) 522-8200 FLOURS: H-F 8:ISAN-BPH SAT 9AH-6PH IN CASE OF ACCIDENT CAI'L LOCAL CLAIMS NUMBER AND SEE REVERSE SIDE . . / ', , ' · ,&-~vaa~oy 11/07/199S 05/07/1999 ~y' .11dl., klllmile eillilllll limb CVC $18068. S18S00.S "~" 3~IIN K BAJOIEEK JR ~.~t~OIT~ DRIVER ~J~.A'rltiCl~ B~JORF. K ~;.~:~113'' :'~' ' Id~KE VEHICl I: I~ICAT~ ~ '~' ' "J~P IJ~Z7~6PC 121248 ADA~& ANDER~N INS A~Y 24 ~ ~: TO ~ A ~ C~ YO~ ~. ~ mm, ~, ~ ~, d ~ ~ ~8~}31 ~372. . .. _1 L FROM :~IBM HIGHER ED CONSULTING .TAN. 8. 1999 11: 50PM P 1 'ONE NO. ' 714 552 5539 Endorsement 3010 Leased Auto - Additional Interest Please attach this important addition to your auto policy. This endomement extends the coverages shown below to the Interest of the person or organization named. I! applies while the described auto is under lease, rental or similar agreement. It expires when the agreemen~ is terminated, or when the ballot or his agent takes possession of the auto. We will mall notice to the additional Interest at least 10 days prior to any material policy change or cancelling this endorsement. We will mall zhis notice to the address shown below. All other provisions of the policy remain unchanged. The naming of this additional interest does not increase the policy limits. DESCRIPTION OF AUTOMOBILE INSURED 2 . 1993 MAZD J M3LV522 P0515383 PHYSICAL DAMAGE COVERAGE COMPREHENSIVE ACTUAL CASH VALUE LESS $ 500 DED. COLLISION ACTUAL CASH VALUE LESS $ 500 DED. PROPERTY DAMAGE LIABILITY LIMITS OF LIABILITY .. $ 100,000 EACH OCCURRENCE BODILY INJURY LIABILITY' $ 100,000 EACH PERSON $ 300,000 EACH OCCURRENCE Policy Number: 72 o4 B 7O8966 Effective Date: APR 07, 1996 PolicYholder: STEPHEN & ANNE KLENK 4 SHERIDAN IRVINE, CA 92720-3376 Additional Interest-Name and Address: MAZDA AMERICAN CREDIT PO BOX 111893 NASHVILLE, TN 37222-1893 This endorsement Is issued by the company shown In the Declarations as the issuing company. NATIONWIDE INSURANCE COMPANIES Home Office: Columbus, Ohio 43216 V-3010