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Home My WebLink About1994/09/06 Item 7 COUNCIL AGENDA STATEMENT Item 2- Meeting Date 09/06/94 SUBMITTED BY: Resolution: /7/,J"I Approving the 18th Amendment to the Agreement between the City Chula Vista and the San Diego Unified Port District for grounds and comfort station maintenance. Director of Parks and Recreati~..:r:t!. City Manager.j~ ~ ~'"\ (4/5ths Vote: Yes _ No.xJ ITEM TITLE: REVIEWED BY: On September 7, 1993, the City Council approved Resolution No. 17244 which authorized the 17th Amendment to an agreement with the San Diego Unified Port District for grounds and comfort station maintenance at the "J" Street Marina, Bayside Park, and the landscape medians on Tidelands. RECOMMENDATION: That Council adopt the resolution to approve the 18th Amendment to the agreement, and authorize the Mayor to execute the Amendment to the agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The "J" Street Marina and Bayside Park FY 94/95 budget of $234,220 was approved and adopted by Council on June 21, 1994. A copy of the proposed budget was sent to the San Diego Port District Maintenance Division. In reviewing the budget, the Port District staff requested two adjustments. First, a reduction in the City's EquiDment Maintenance Account (5269) of $8,330 because a new tri-plex mower was approved to replace the existing mower incurring excessive maintenance cost. Secondly, the Port requested the Department to investigate the estimated cost of the new tri-plex mower. The cost of a tri-plex mower was adjusted from $18,000 in the approved budget, to $17,360, reflecting a savings of $640. The two reductions reduced the operating budget to $224,720. The Port District approved the agreement, with the revised budget, through Port District Resolution No. 94-260 on July 26, 1994. The agreement for FY 94/95 provides the same level of maintenance with an administrative overhead charge of $63,960. The overhead amount is included in the maintenance agreement for a total contract of $288,680. The agreement requires the Port District to reimburse the City the approved budget amount on a quarterly basis beginning on July I, 1994. Exhibit "A" of the attached contract includes a copy of the budgets approved by Council for FY 92/93 and FY 93/94, and the new fiscal year budget approved on June 21, 1994; and the agreement to cover the 12-month period from July I, 1994 through June 30, 1995. FISCAL IMPACT: The revenues from this agreement will fully reimburse the City's operating expenditures of $224,720 and administrative overhead of $63,960 budgeted in FY 94/95. Attachment: 18th Amendment to the Agreement A:\JERRY\MARINA,A13 August 31, 1994 7~1 RESOLUTION NO. I 'J(,JIf RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 18TH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE AT THE lIJlI STREET MARINA BAYSIDE PARK AND ADJACENT LANDSCAPE MEDIANS WHEREAS, Resolution No. 17244 authorized the 17th Amendment to an Agreement with the San Diego Unified Port District for grounds and comfort station maintenance at "J" Street Marina, Bayside, and the landscape medians on Tidelands during fiscal year 1993-94; and WHEREAS, the new agreement for FY 1994-95 was reviewed by the Port District Manager who recommended approval to the Port District Commission for adoption at its July 26, 1994 meeting; and WHEREAS, the agreement for 1994-95 provides the same level of maintenance with a mutually-agreed administrative overhead (full cost recovery) of $63,960, which the City receives into the General Fund. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the Eighteenth 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, a copy of which is on file in the office of the City Clerk as Document No. (to be completed by the City Clerk in the final document). BE IT FURTHER RESOLVED that the Mayor Chula vista be, and he is hereby authoriz and dir said Agreement for and on behalf of th~ ci Y of C "t O=:J of the City of t.ed to execute a vista. Presented by Booga Jess Valenzuela, Director of Parks and Recreation C:\Rs\Port.18 7-';'" EIGHTEENTH 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 ,1994 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 called 'DISTRICT'; W !IN g~~gI 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 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 replacement 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 defmed as anyone-time cost (including material and labor) amounting to more than $500.00 4. CONSIDERATION In consideration for the City's maintenance of the area defined in attached Exhibit B for fiscal year 1994 - 1995, the District shall pay to the City $288,680. Payment to be made quarterly on July 1 and October I, 1994 and January I and April I, 1995. ?;J 5. TERM AND TERMINATION The term of this amendment shall be for the fiscal year from July I, 1994 to and including June 3D, 1995, provided, however, either party may terminate this agreement at any time by giving 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. 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 7,"/ 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 Dist.rict of cancellation or material change. B. City shall also carry Worker's Compensation insurance in the statutoty 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 Mayor of the City of Chula Vista by: Assistant Port Director ATTEST City Clerk Approved as to form by Approved as to form by Bruce M. Boogaard, City Attorney Joseph D. Patello, Port Attorney A:\JERRY\AMNDMNT.PRT July I, 1994 7,5 EXHIBIT' A' MAINTENANCE PROVIDED FOR 'J' STREET MARINA, BAYSIDE PARK, LANDSCAPE LANDSCAPE MEDIANS I. Employee Services 1992-1993 1993-1994 1994-1995 5101 Salaries & Wages $112,395 $111,810 $113,860 5103 Overtime 1,800 1,720 2,180 5105 Hourly Wages 11,240 11,130 11,130 5131 Sick Leave Pay-in-Lieu - 390 390 5141 Retirement Contribution 16,333 17,310 17,470 5142 Employee Benefit Plan 22,296 21,090 21,620 5143 Medicare Contribution - City 883 910 930 5144 Worker's Compensation 230 - - 5145 PARS Contribution - City 422 420 420 I TOTAL I 165,599 I 164,780 I 168,000 I ll. Supplies & Services 1992-1993 1993-1994 1994-1995 5252 Telepbone 250 220 220 5253 Trash Collection 4,500 5,140 5,140 5268 Service to Maintain Other Equipment 390 390 390 5269 Equipment Maintenance - City Forces 12,340 14,740 5,990 5281 Laundry & Cleaning Service 660 660 660 5298 Other Contractual Services 8,830 7,980 7,980 5302 Janitorial Supplies 2,220 2,200 2,200 5304 Wearing Apparel 360 360 360 5341 Small Tools 210 210 210 5351 Landscape Supplies 7,940 7,940 7,940 5362 Materials to Maintain Buildings, Street & 10,470 6,270 6,270 Grounds 5398 Other Equipment - - - TOTAL 48,150 46,110 37,360 A:IJERRY\PRTMAINT.594 July I. 1994 ?-/, ID. Capital Equipment I 1992-1993 I 1993-1994 I 1994-1995 I 5568 Other Equipment I 1,090 I -! 19,360 ! TOTAL I 1,090 I -I 19,360 IV. Administrative Overhead 1992 - 1993 1993 - 1994 1994 - 1995 (.56171 x 113,860) 87,971 87,514 63,960 GRAND TOTAL 302,810 298,404 288,680 A:lJERRY\PRTMAINT.~94 July 1,1994 7-7 . I .. . .1 I ,. - -) '. " .1\ :'" it . H STRE= . ~ III o .." c.' "= .. ...J;i . 0" rn .... < rn . '. :. ~ ~, ~ .. c -< . .-. 1TT1.I . S.D. UNIFIED PORT DISTRICT MAINTENANCE AGREEMENT ?,,~ ExHIBIT "B" . . - .. ~IHADID AuAIINDICATZ _AI~TIlfANC. A~U~ . F STRErI . -.-. . ; . -.-. . . . . . . ._- .-=" ~ . . c ::! c -= ." :m =a ,.. m. . > == Z . c WAY en . . '. -' . . . .' ...1\. Cla,o .I.Y . STnE:T MARINA V1IW - 'ARIt . . DUWN JY MFS DAlI 1115/92 .. o' . . . . '. , . . . . .. . 30751 SAN DIEGO UNIFIED PORT DISTRICT DATE: .Iu 1 Y 11. 1 q q 4 AMENDMENT TO 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 LANDSCAPED MEDIANS OF TIDELANDS AVENUE BETWEEN SANDPIPER WAY AND WEST "J" STREET FOR FISCAL YEAR 1994/95 AGENDA SHEET NO. /J I SUBJECT: FACTUAL BACKGROUND: Since 1977 the District has had an annual Agreement with the City of Chula Vista to provide for Grounds and Comfort Station Maintenance at the "J" Street Marina. In Fiscal Year 1985-86, maintenance for the Bayside Park and Tidelands Avenue median landscaping between Sandpiper Way and West "J" Street was added to the Agreement. The total of last year's Agreement was an amount not to exceed $298,404. This proposed Board action is not subject to CEQA, as amended. ANALYSIS: The City of Chula Vista has satisfactorily provided grounds and comfort station maintenance at the "J" Street Marina, Bayside Park and the Tidelands Avenue median landscaping between Sandpiper Way and West "J" Street. Staff recommends the Contract be extended another year. The Contract for the 1994/95 fiscal year is an amount not to exceed $288,680. The cost for providing the same level of service this year is approximately $10,000 less than last year. The real savings are approximately $30,000 because of $19,360 in new capital equipment that was not in the FY93/94 budget. Most of these savings occur from the revision of their administrative overhead rate from 0.7827 to 0.5616. Funds have been provided in the 1994-95 budget. PORT DIRECTOR'S RECOMMENDATION: Adopt Resolution authorizing Amendment to the Agreement with the City of Chula Vista for Fiscal Year 1994/95 to provide landscaping and maintenance services at the "J" Street Marina, Bayside Park and the landscaped medians of Tidelands Avenue between Sandpiper way and West "J" Street, in an amount not to exceed $288,680. ACTION TAKEN: 07/26/94 - Res. 94-26Q 7.,9 UPD FORM NO. 021 C (:i/131 I Re Authorization to Enter Into ] ] Eighteenth Amendment to Agreement ] ] with The City of Chula Vista. . . ] ] RESOLUTION 94-260 BE IT RESOLVED 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 an Eighteenth Amendment to Agree- ment, on behalf of the District, with the City of Chula Vista for grounds and comfort station maintenance at the J Street Marina, Bayside Park, and adjacent landscape medians of Tidelands Avenue between Sandpiper Way and West "J" Street, Chula Vista, for the One (1) Year period commencing 1 July 1994 and ending 30 June 1995, for an amount not to exceed Two Hundred Eighty Eight Thousand Six Hundred Eighty Dollars ($288,680.00). ADOPTED this 26th day of July , 1994. Presented By: DON L. NAY, Port Director BY/~~ SSISTANT FuRT DIRECTOR Approved: JOSEPH D. PATELLO, Port Attorney caP~ sw 7/21/94 7~/tJ I San Diego Unified Port District Office of the Clerk CERTIFICATION OF VOTE Passed and adopted by the Board of Port commissioners of the San Diego Unified Port District on July 26. 1994. by the following vote: Commissioners Yeas Nays Excused Absent Abstained Clifford W. Graves --1L Susan Lew x J. Michael McDade Ro:bert Penner --1L --1L --1L X Paul H. Speer Frank J. Urtasun Jess Van Deventer --1L AUTHENTICATED BY: . '1- \. \ r ',M\le .(~~ Chairman ~\ the Board of Port Commissioners CHRISTINE M. STEIN Clerk of the San Diego Unified Port District By: gO~r rY? JUJ/h ~ jJ Deputy Clerk (Seal) Resolution Number: 94-260 or Ordinance Number: Adopted: 07/26/94 ?~I/ UPD Form 022 (Rev. 1/94)