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Home My WebLink AboutReso 1982-10977 RESOLUTION NO. 10977 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING RESOLUTION NO. 10920 AND APPROVING A REVISED FIFTH 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 IN SAN DIEGO UNIFIED PORT DISTRICT PROPERTY The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain revised Fifth 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 in San Diego Unified Port District Property, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that Resolution No. 10920 be, and the same is hereby rescinded. Presented by Approved as to form by George D. Lindberg, City Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of August 19 82 . by the following vote, to-wit: AYES: Councilmen Scott, Cox, Malcolm, Moore NAYES: ABSTAIN: ABSENT: Councilmen None Councilmen None Councilmen McCandliss ATTE~,,";JL'/;/ 2Jc~k6'J/ / City Clerk ( STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 10977 , and that the same has not been amended or repealed. DATED ( seal) City Clerk CC-660 San Diego Unified Port District Document No. 15157 Filed AUG 3 0 1982 Microfilm No. Office of the Clerk RESOLUTION NO. 10977 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING RESOLUTION NO. 10920 AND APPROVING A REVISED FIFTH 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 IN SAN DIEGO UNIFIED PORT DISTRICT PROPERTY The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain revised Fifth 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 in San Diego Unified Port District Property, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that Resolution No. 10920 be, and the same is hereby rescinded. Presented by Approved ?S-~ form ~: ~(~./. -..4 '~ 'J._~~ ~~~----.... '"\ /s/ Mark J. Pfister Mark J. Pfister, Director of Parks and Recreation -;" George D. Lindberg, City Attorney Please Return To: Revised 8/2/82 ~~_f'\ ~-'f. Pul~sz, City Oeck P O. Box 1087 db Vi5ta, CilifornlJ. 920fllFTH AMENDMENT TO AN AGREEMENT BE'lWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE AT THE "J" STREET MARINA IN SAN DIEGO UNIFIED PORT DISTRICT PROPERTY THIS AMENDED AGREEMENT, made and entered into this _J.QJb_ day of AU9ust , 1982, by and between THE CITY OF CHULA VISTA, a munlcipal corporation, hereinafter called "CITY", and THE SAN DIEGO UNIFIED PORT DISTRICT, a political subdivision of the State of California, hereinafter called "DISTRICT"~ WIT N E SSE T H : 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 agreement to be extended on mutual agreement of both parties with allowance for adjustment of maintenance costs, and WHEREAS, both parties mutually agree to extend said agreement. 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. 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 con- sidered 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 anyone-time cost (including material and labor) amounting to more than $500.00. 3. CONSIDERATION In consideration of the foregoing performance by the City, the District shall pay to the City the sum of $61,397 for the fiscal year 1982, payment to be made quarterly on July 1 and October 1, 1982 arid January 1 and April 1, 1983. 72-/0777 -1- 4. TERM AND TERMINATION The term of this agreement shall be from July 1, 1982 to and including June 30, 1983, unless either party shall have given the other party written notice sixty (60) days prior to date of cancellation; provided, however, said term shall be extended from year to year, based on mutual agreement of both parties as to the annual costs of maintenance which may be adjusted annually, prior to July 1 of each fiscal year, to reflect changing cost factors thereof. 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 Mayor Vlsta ATTES ;/ Approved as to form by 11. /"/ ~b~ ,!/v .~ ~~p , Georgevn. Lindberg, City Atto ey Approved as to form by Jfl~ PH D. PATELLa Port Attorney ., . &' .-'7 .If--It??/ l . ~. : -2- Exhibit "A" to Fifth Amendment Re "J" Street Marina Labor: 2,080 hours, Maintenance Gardener II, at $9.92 = * 2,080 hours, Maintenance Gardener I, at $9.34 = * 100 hours, Supervision, at $12.28 = * Sub-Total Tools and tool maintenance Soil amendments, fertilizers and herbicides and plant materials*** Irrigation repairs, paint, trash can liners light bulbs and janitorial supplies Plant replacements Street sweeping** Trash disposal Wearing apparel Laundry and cleaning services Equipment maintenance, City forces*** Plumbing, painting and carpentry services Plumbing, painting and carpentry materials*** Sub-Total GRAND TOTAL $22,132 20,837 1,228 $44,197 120 3,250 600 600 2,700 1,300 50 260 3,670 1,600 3,050 17,200 $61,397 * Includes City fringe cost plus 7.26% Worker's Compensation. ** Parking lot & streets will be swept every other week November 1 - May 31 and weekly June 1 - October 31. *** City Shall renovate and purchase herbicides, soil amendments and plant material replacements for the parking lot medians. After one year of experience with the existing equipment, the City Public Works Department has reevaluated fuel and maintenance projections. NOTE: Street and parking lot lighting maintenance is not included in this agreement. j}!-/ Or; II Exhibit "A" - Page 2 Service Description: Restroom cleaning, painting and repair Litter control Weeding - including the rock and/or earth slopes Mowing Edging pruning and trimming Irrigation repair Spraying - herbicides and insecticides Planter bed renovation and plant material replacement Fertilizing and aerifying Equipment maintenance All of the above will be performed at a frequency which will provide a level of maintenance consistent with the highly used and visible areas existing in the City of Chula Vista. Attached Exhibits "A-I" and "A-2" display the areas of maintenance covered by this agreement. A/1__ / ()9 77 /' Re Authorization to Enter Into Fifth Amendment to A greement with City of Chula Vista for Maintenanc e of J Street Marina, Chula Vista. . . RESOLUTION 82-232 BE IT RES 0 L VE D by the Board of Port Commissioners of the San Diego Unified Port District, as follows: That the Port Director or his authorized representative is hereby authorized to enter into a Fifth Amendment to A greement, on behalf of the Distric,t, with the City of Chula Vista for grounds and comfort station main- tenance at the J Street Marina, Chula Vista, for the One (1) year period commencing 1 July 1982 and ending 30 June 1983, for a fee not to exceed Sixty One Thousand Three Hundred Ninety Seven Dollars ($61,397.00). ADOPTED this 24th day of August , 1 9 82 . Presented By: DON L. NA Y, Port Director ~. fil <~:~A/~ By VV v '/1'1' I - ISTAIl7~;'- - ~ -----n Approved: JOSEPH D. PATELLO, Port Attorney ~ /(-/tJf77 sw 8/1 8/ 82 Office of the Clerk CERTIFICATION OF VOTE Passed and adopted by the Board of Port Commissioners of the San Diego Unified Port District on Auqust 24, 1982 , by the following vote: Commissioners Yeas Nays Excused Absent Abstained Ben Cohen Ix I LJ U 0 I:=J Phil Creaser IKJ D D D [J F. George James [TI D LI D D Maureen O'Connor ~ D CI 0 I~ William Rick ~ D CI D 0 Danial N. Spurck ~ 0 LI I=:J LJ Louis M. Wolfsheimer 0 D ~I D 0 AUTHENTICATED BY: UL Chairman of the Board of Port Commissioners Acting CHRISTINE M. STEIN Clerk of the San Diego Unified Port District By /xr~ut~~A~e) (SEAL) Resolution Number 82-232 or Ordinance Number Adopted 8-24-82 ff-/tJ977 UPD Fom 022 (Revised 9/81)