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Home My WebLink AboutReso 1991-16001 RESOLUTION NO. 16001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FOURTEENTH AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE AT THE "J" STREET MARINA, BAYSIDE PARK AND ADJACENT MEDIANS IN SAN DIEGO UNIFIED PORT DISTRICT PROPERTY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the "J" Street Marina and Bayside Park FY 1990-91 budget of $259,660 was approved and adopted by Council on June 19, 1990, and WHEREAS, the new agreement for FY 1990-91 has been reviewed by Port District managers who will recommend approval to the Port District Commission for adoption at the earliest meeting possible, and WHEREAS, said agreement for 1990-gl provides the same level of maintenance with an administrative overhead charge of $78,290 negotiated by Management Services, and WHEREAS, the agreement requires the Port District to reimburse the City the approved budget amount on a quarterly basis beginning on July l, 1990. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Fourteenth Amendment to an Agreement between the City of Chula Vista and the San Diego Unified Port District for grounds and comfort station maintnenance at the "J" Street Marina, Bayside Park and adjacent medians in San Diego Unified Port District property, known as document number C090-286, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by ~ Resolution No. 16001 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of January, 1991 by the following vote: AYES: Councilmembers: Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm, McCandliss ABSTAIN: Councilmembers: None Leonard M. Moorek. Mayor, Pro Tempore ATTEST: B Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16001 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 8th day of January, lggl. Executed this 8th day of January, 1991. Beverly A. 'Authelet, City Clerk FOURTEENTH AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE AT THE "J" STREET MARINA, BAYSIDE PARK AND ADJACENT MEDIANS IN SAN DIEGO UNIFIED PORT DISTRICT PROPERTY THIS AMENDED AGREEMENT, made and entered into this-~)/~ '~day of~, 1990, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "CITY", and THE SAN DIEGO UNIFIED PORT DISTRICT, a political subdivision of the State of California, hereinafter cal 1 ed "DISTRICT"; WITNESSEIH: WHEREAS, the San Diego Unified Port District and the City of Chula Vista executed an agreement for maintenance of Port District property at the "j" Street Marina on September 28, 1977, and WHEREAS, said agreement provided for the extension and amendment of the agreement when mutually consented to by the parties, and WHEREAS, both parties mutually agree to extend said agreement and to expand the maintenance area. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by and between the parties as follows: 1. MAINTENANCE TO BE PROVIDED See attached Exhibit A. 2. AREAS TO BE MAINTAINED. See attached Exhibit B. 3. EXCEPTIONS TO DUTIES. It is understood and agreed that the cost for maintenance as set forth in Paragraph 1 of this agreement does not cover materials, or labor, or repairs of the structures, building or landscaping as a result of major vandalism or destruction from any cause whatsoever. Such repairs or replacements shall be considered to be over and above ordinary maintenance and will be performed by City forces only after approval by the District and actual costs for material and labor involved in such repairs will be billed to the District. Major vandalism shall be defined as any one-time cost (including material and labor) amounting to more than $500.00. SAN DIEGO ~TEr~ 1~I~2 DISTRIC~ -1- Fil~ Offi~ of ~e Cl~k 4. CONSIDERATION In consideration for the City~s maintenance of the area defined in attached Exhibit B for fiscal year 1990-91, the District shall pay to the City $259,660. Payment to be made quarterly on July 1 and October 1, 1990 and January 1 and April 1, 1991. 5. TERM AND TERMINATION The term of this amendment shall be for the fiscal year from July l, 1990 to and including June 30, 1991, provided, however, either party may terminate this agreement at any time by givin9 the other party notice in writing sixty (60) days prior to the date of termination. It is further provided that said agreement may be renewed each fiscal year subject to the same sixty (60) day termination provision and subject to mutual agreement between the parties as to the annual consideration to be paid by District for said services for said fiscal year. In the event that employee salaries have not been established for the fiscal year, the parties agree that the consideration shall be adjusted retroactively from July 1 to the time salaries are established. Said retroactive adjustment shall be effective upon written notice by the Director of Parks and Recreation to the Port District. 6. HOlD HARMLESS District agrees to indemnify and hold harmless the City of Chula Vista against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the City, and shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the District or any of its officers, agents, or employees. City agrees to indemnify and hold harmless the San Diego Unified Port District against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the District, and shall defend, indemnify and hold harmless the District, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the City or any of its officers, agents, or employees. 7. INSURANCE A. District shall, throughout the duration of this Agreement maintain comprehensive general liability and property damage insurance covering all operations hereunder of District, its agents and employees including but not limited to premises and automobile, with minimum coverage of One Million Dollars ($1,000,000) combined single limits. Evidence of such coverage, in the form of a letter indicating self-insurance shall be submitted to the City Clerk at 276 Fourth Avenue. -2- Said Policy or policies shall provide thirty (30) day written notice to the City Clerk of the City of Chula Vista of cancellation or material change. City shall, throughout the duration of this Agreement maintain comprehensive general liability and property damage insurance covering all operations hereunder of City, its agents and employees including but not limited to premises and automobile, with minimum coverage of One Million Dollars {$1,000,000) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the District as Additional Insured, shall be submitted to the San Diego Unified Port District, P. O. Box 488, San Diego, CA 92112. Said Policy or policies shall provide thirty {30} day written notice to the San Diego Unified Port District of cancellation or material change. B. City shall also carry Worker's Compensation insurance in the statutory amount and Employer~s Liability coverage in the amount of $500,000; evidence of which is to be furnished to District in the form of Certificate of Insurance. 8. ATTORNEYS FEES In the event of any dispute between the parties, the prevailing party shall recover its attorney fees, and any costs and expenses incurred by reason of such dispute. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. CITY OF CHULA VISTA SAN DIEGO UNIFIED PORT DISTRICT ~///~ ~? ~ ~{~ ~C'T~la Vista ~ ~ By: Assistant Po~'t~rector ATTEST City Clerk Appr as/~ fo by Approved as to form by ~ ~ ~ Joseph D. Patello, Port Attorney WPC 1245R -3- EXHIBIT 'A' MAINTENANCE PROVZDED FOR "J" STREET MARINA, BAYSZDE PARK, LANDSCAPE MEDZANS Proposed I. Employee Service 1989-90 1990-91 5101 Salaries & Wages 98,040 100,030 5103 Overtime 1,170 1,660 5105 Hourly wages 9,920 9,700 5131 Sick Leave Pay-in-Lieu 510 420 5141 Retirement Contribution 11,750 12,910 5142 Employee Benefit Plan 12,990 14,380 5144 Worker's Compensation 70 60 134,450 139,060 If. Supplies & Services 5252 Telephone 240 250 5253 Trash Collection 3,640 5,420 5268 Service to Maintain-Other Equipment 740 400 5269 Equipment Maintenance-City Forces 6,570 11,760 5270 Equipment Replacement Charges 0 0 5281 Laundry & Cleaning Services 950 950 5298 Other Contractual Services 8,000 5,280 5302 Janitorial Supplies 1,740 2,340 5304 Wearing Apparel 360 460 5341 Small Tools 200 200 5351 Landscape Supplies 7,560 7,710 5362 Materials to Maintain Buildings, Streets & Grounds 5,970 6,090 5398 Other Equipment 820 1,450 36,790 42,310 III. Capital Equipment 5568 Other Equipment 3,350 --- TOTAL 3,350 --- 194,590 IV. Administrative Overhead .... 78,290 (.7827 x 100,030) GRAND TOTAL 194,590 259,660 WPC 1246R EXHIBIT :.-' .........'-'.: ....... F STREE'i' HADED AREAS INDICATE *" - 7'~'~ ' " AINTEN'ANCE AREAS "' ';. "-! :. - ,.. :~.~.~,.~ i .... ..... " "' 'Gi STREET -- -~ E3 .. O ...... .,ITI ITI --., -,.v '::z; San' Diego -._ .Bay : JA ST~F:ET MARINA VIEW -.- PARK