The URL can be used to link to this page

Home My WebLink About1991/05/14 Item 14 COUNCIL AGENDA STATEMENT ITEM TITLE: Item If. Meeting Date 5/14/91 Resolution l'-lS' Approving agreement between the City of Chula Vista and the San Diego Unified Port District for Tree Maintenance Services on San Diego Unified Port District Propert i es ^u/ Director of Public ~orks (If City Manager 9r;t1L (4/5ths Vote: Yes_No..lL) SUBMITTED BY: REVIEWED BY: In November 1990, the Port District approved an agreement between the City and the Port Di stri ct for maintenance of trees in the Port Di stri ct in Chul a Vista's Bayfront area. The City has, in fact, been providing this service but has not been receiving compensation. This agreement simply formalizes that the City will provide the service and that the Port District will pay the City $17,576 during FY 1990-91; that the agreement may be terminated by written notice in a 60-day period; and finally, that the agreement may be renewed each fi sca 1 year subject to the same 60-day termi nat ion provi s i on and subject to mutual agreement between the Port District and the City. The agreement further provides that the amount will be adjusted according to increases in the City's employee salaries. As indicated above, this agreement was approved by the Port in 1 ate November of 1990, however, wi th the promot i on of the previous Budget Officer to Deputy Director of Publ ic Works and the delay in fill ing the Budget Officer position, the agreement was overlooked by City staff. RECOMMENDATION: That Council approve the agreement between the City and the Unified Port District. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. FISCAL IMPACT: The City will receive $17,576 to be paid quarterly during FY 1990-91. The amount will be adjusted in subsequent fi sca 1 years as sa lari es are adjusted. WPC 0109S 14 --I RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR TREE MAINTENANCE SERVICES ON SAN DIEGO UNIFIED PORT DISTRICT PROPERTIES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, in November 1990, the Port District approved an agreement between the City and the Port District for maintenance of trees in the Port District in Chula Vista's Bayfront area; and WHEREAS, the City has, in fact, been providing this service but has not been receiving compensation; and WHEREAS, this agreement simply formalizes that the City will provide the service and that the Port District will pay the City $17,576 during FY 1990-91; that the agreement may be terminated by written notice in a 60-day period; and finally, that the agreement may be renewed each fiscal year subject to the same 60-day termination provision and subject to mutual agreement between the Port District and the City; and WHEREAS, the agreement further provides that the amount will be adjusted according to increases in the City's employee salaries. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the agreement between the City of Chula Vista and the San Diego Unified Port District for tree maintenance services on San Diego Unified Port District properties, 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. John P. Lippitt, Director of Public Works 8839a o form by i) Presented by Attorney IL/,Z, AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR TREE MAINTENANCE SERVICES ON SAN DIEGO UNIFIED PORT DISTRICT PROPERTY THIS AGREEMENT, made and entered into this.2L <rI- day of Y/ ~ , 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 called "DISTRICT"; Hl.Tli~.?.?.~T!!: WHEREAS, trees located on District property require regular maintenance; and WHEREAS, the CITY has the staff and equipment needed to maintain trees; NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by and between the parties as follows: 1. MAINTENANCE TO BE PROVIDED. CITY shall provide routine tree maintenance services, including tree trimming, root pruning and stump removal, as needed. CITY shall also provide for the normal replacement of trees, to include costs associated with the purchase and planting of replacement trees. The standard replacement tree is a 15-gallon specimen. Normal tree replacement covered under this Agreement shall not exceed 10 trees per year. 2. AREAS TO BE MAINTAINED. CITY shall maintain trees in all parks, medians and parkways within the DISTRICT area shown in Exhibit A. 3 . EXCEPTIONS TO DUTIES. As detailed in section 1, normal tree maintenance covered by this Agreement shall include the costs associated with the replacement of up to 10 trees per year. If more than 10 trees require replacement, the parties shall enter into a separate agreement covering said replacement. ,4..3 SAN DImO UNIFIED PORI' DISTRICT Docurrent No. 2 6 0 4 tj Filed Office of the Clerk 4. CONSIDERATION. In consideration for the CITY'S tree maintenance services during FY 1990-91, DISTRICT shall pay to the CITY the amount of $17,576. Payments shall be made quarterly. 5. TERM AND TERMINATION. The term of this amendment shall be for the fiscal year from July 1, 1990 to and including June 30, 1991, 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 the 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 CITY's Director of Public Works Operations to the DISTRICT. 6. HOLD HARMLESS. A. DISTRICT. DISTRICT agrees to indemnify and hold harmless the CITY 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. B. CITY. CITY agrees to indemnify and hold harmless the 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. Jlf.,tf 7. INSURANCE. A. DISTRICT. DISTRICT shall, throughout the duration of this Agreement maintain compr~hensive general liability and property damage insurance cover~ng 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. B. CITY. 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. 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. /4,' IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. CITY OF CHULA VISTA o UNIFIED PORT DISTRICT Mayor, city of Chula Vista A ATTEST City Clerk Approved as to form by Approved as to form by City Attorney ~~ Port Attorney J If ./, , ....-_._......,,-~~--_. - _------___-p::;':l._-=-=~-jl[ ~__--_>- - - ---:'-'_--:~~-----~-~-=-~~__ -'-]1 --===-lr-==--~-=> =_c=-~~~ ~---~----------~-- - -I' _hn__du LHH-:]C~________~'l!!"___ Hh~~~~~ ==1'6--- -~!-, -- u__JC~ -:/ >:-;/ ! , / // I' -............, .- -. 'Kal4i,)ppo'OI / ~l F.l:"":>.- , Planning District 7 -..m,,,,,...,,_'" CHULA VISTA BAYFRONT ~ - -1 -_ Port District Lands . , Iii; , :. ~}-,~:-;,.':~;;~~{~~~::;;~:.;,-,.,>::,:!!:..:t_~~>",,!,:"~'-'<:~:~::~'-~;:!{~/S~~I;,.~ij-~\~:\f!:~~i~l~~:'~.:k.,,:,,;;,;~~,.'~t;:;'.~,:~t;':.~.;:;",-,,;-~,,-- .....; .: .'; _..'~;~: "~i,;. '~-.; ~.;. ,- <.',1 - ~~.,