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HomeMy WebLinkAboutReso 1989-15168 RESOLUTION NO. 15168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE NAUTICAL HERITAGE SOCIETY FOR THE DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN HOME PORT OF THE TALLSHIP CALIFORNIAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 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 agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE NAUTICAL HERITAGE SOCIETY for the designation of Chula Vista Harbor as the Southern Home Port of the tallship Californian dated the llth day of July , 1989, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein 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. Presented by Approved as to form by J ie~e~. Thomson, Deputy City . H r on, City Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LrfULA VISTA, CALIFORNIA, this llth day Of July 19 89 , by the following vote, to-wit: AYES: Councilmembers Nader~ Cox, Malcolm, Moore, McCandliss NAYES: Counci I members None ABSTAIN: Councilmembers None ABSENT: Counci linetubers None the City of Chula Vista ATTEST~ rE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 15168 ,and that the some has not been amended or repealed DATED City Clerk CC-660 AGREEMENT DESIGNATING CHULA VISTA HARBOR AT THE SOUTHERN OPERATING PORT FOR THE TALL SHIP CALIFORNIAN THIS CONTRACT, hereinafter called "Agreement," is made and entered into on this 11th day of July, 1989, by and between THE CITY OF CHULAVISTA, hereinafter called "City" and THE NAUTICAL HERITAGE SOCIETY, hereinafter called "Society" for the purpose of establishing Chula Vista Harbor as the Southern Operating Port for the tallship CALIFORNIAN. WHEREAS, the City of Chula Vista has been recognized since 1986 as the Southern Home Port of the Tallship CALIFORNIAN, the designated official tallship ambassador of the State of ,. California, and WHEREAS, the Nautical Heritage Society, a private nonprofit corporation, desires to continue the designation of Chula Vista Harbor as the Southern Home Port of their Tallship CALIFORNIAN, and WHEREAS, the presence of the CALIFORNIAN in Chula Vista Harbor will provide substantial benefit to the community's school students and to the citizens of Chula Vista in terms of education, recreation, publicity and economic development, and WHEREAS, the City is providing $25,000 annual financial support for the CALIFORNIAN and her activities based upon the following conditions: 1. Term. The term of this agreement is three years, commencing July 1, 1989 and terminating on June 30, 1992. 2. Use and Conditions. The Society may use free of charge public and private facilities in Chula Vista Harbor including the public berthing pier when available when berthing the CALIFORNIAN, subject to the Society providing arrival and departure schedule to the City's Public Information Coordinator and the California Yacht Marina at least 72 hours (3 days) in advance of planned arrivals. The CALIFORNIAN.shall base its operations from Chula Vista Harbor, including berthing for at least part of each day, for a minimum of twenty (20) days u year subject to the availability of docking facilities, including the Harbo- Days celebration (to be held during the last week of September or the first week of October) and Parade of Lights celebration (to be held in mid- December). The Society.shall be notified of any changes in the dates of these two special events at least 180 days in advance. The Society shall accommodate free organized public tours of the CALIFORNIAN on a minimum of six (6) holiday or weekend days (including Harbor Days) during each year when the CALIFORNIAN is berthod in Chula Vista }{arbor. Said tours shall be for a minimum period of three (3) hours.per day. It is primarily the City's responsibility to publicize such free tours and other public activities of the ship when it is berthed in Chula Vista Harbor. The CALIFORNIAN will serve as a good will ambassador for the City of Chula Vista and be available for public relations activities for the City, such as day cruises and receptions, as her schedule permits. Failure by the Society to meet the conditions of this section of the agreement specifying the minimum number of days in~ which the ship shall base its operations, including betthing at least part of each day, in Chula Vista Harbor shall result in a. penalty of $500 per day for each day less than 20 days unless otherwise agreed to in writing by both parties. Such penalties shall be deducted from subsequent payments due to the Society. If all payments due to the Society as specified in Section 9 of this agreement have been made prior to a penalty situation being identified, the Society shall refund to the City the amount equal to the penalty within 45 days after the end of the term of this agreement or 45 days after the agreement has been terminated by either party. The ship CALIFORNIAN shall be commanded by a professional United States Coast Guard licensed skipper at all times it is in Chula Vista Harbor. All advertising and appropriate printed material produced and distributed by the Society shall include the "City of Chula. Vista" name and indicate Chula Vista }{arbor as the CALIFORNIAN'S Southern }{ome Port. 3. InsurancO. Society, at its own expense, shall procure and maintain with respect to the CALIFORNIAN'~ operations ?-~nducted at Chula Vi-~.a }Iarbor, adequate insurance from a company with Best rating of a XV of the types and in amounts not less than the minimum limits specified below. A company with a lower Best rating may be acceptable a~ deemed b~' the City Attorney. Combined Single Limit Bodily Injury and Property Damage Liability coverage of not less than $1,000,000 per occurrence. Society shall furnish to City a satisfactory Policy Endorsement and Certificate of Insurance. Said Certificate shall verify that: A. City is named as an "additional insured", and B. The insurance shall not be cancelled nor terminated without ten (10) days prior written notice given to City. 4.Assignment -. Society shall not assign or transfer this Agreement or any of the rights and privileges created herein without prior written consent of the City. 5.Termination. Either party may terminate this agreement for any reason by providing ten (10) days notice to the other party as set forth in Paragraph 11. If the agreement is terminated by either party, payments made to the Society or payments due to the Society shall be pro-rated according to the percentage of the contract year expired. Any amount due to the City resulting from termination shall be payable within 120 days. 6.Sea Cadet Allocation. Society shall provide to the City the right of first refusal for a minimum of one (1) sea cadet cruise (16 cadet positions) in October of each,year for qualified youth in the Chula Vista area. In the event that there are not students for the cruise, the positions may be filled from other geographic areas. The City must inform the Society at least 180 days in advance of its intent to place cadets on the cruise. 7.Advertising- City has the right to use the name and image of the CALIFORNIAN in brochures, video and slide presentations and other promotional materials upon approval by the Society. Use of the Society's logotype by the City shall require written approval from the Society. Society's approval shall not be unreasonably withheld. 8. Financial Records. City may request a review and audit of Society's financial records. said review and audit shall be consistent with the terms of applicable Corporations Code requirements relating to nonprofit organizations. In the event Cit]' desires and independant audit, said audit shall be performed at City's sole cost. 9. Grant. In consideration for designating Chula Vista as Southern Home Port and providing community and public relations support, the City shall provide a yearly grant of $25,000 to support the Society and activities of the CALIFORNIAN. Said grant shall be payable on July 15 of each of the first two years of this contract. During the third year of the contract, Two payments of $22,500 each shall be payable of July 15, 1991 and on June 1, 1992, subject to any penalties as described in Section 2 of this agreement. 10. Record of activities. The Society shall maintain a record of the ship's activities relating to the City. This record shall include, but not be limited to, days in which the ship's operations were based in Chula Vista Harbor, number and length of free and for charge public tours, number of times the City was publicized in Society publications, day sails originating from Chula Vista Harbor, etc. The record shall be submitted in writing to the City prior to the end of June of each year covered by this agreement. 11. Notice. Any notice necessary for the completion of this contract shall be sent to the following locations: City of Chula Vista Deputy City Manager, Management Services City Hall 276 Fourth Avenue Chula Vista, CA 92010 and The Nautical Heritage Society c/o Steve Christman, Executive Director 24532 Del Prado Dana Point, CA 92629 12. Effective Date. The effective date of this agreement shall be July 1, 1989. Dated: July 11e 1989 Dated: ~/~/~ THE C~ OF CHU?VISTA NAUTICAL HERITAGE SOCIETY ~b~eCity 'ia of Chula Vista Seve~Chris~man~~'~ b yor of Executive Director a~~ City Clerk ~ Approved as to form by