HomeMy WebLinkAboutReso 1989-15185 RESOLUTION NO. 15185
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THIRTEENTH 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
1989-90 budget of ~194,590 was approved and adopted by Council on
June 20, 1989, and
WHEREAS, the new agreement for FY 1989-90 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 1989-90 provides the same
level of maintenance with an increase in street sweeping of
parking lots and at the request of Port District Managers, a
request for 40 additional decorative trash receptacles was
included in this year's budget, and
WHEREAS, the agreement requires the Port District to
reimburse the City the approved budget amount on a quarterly
basis beginning on July 1, 1989.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Thirteenth
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, dated
the 18th day of July , 1989, a copy of
which is attached hereto and incorporated herein by reference as
if set forth in full.-~
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~s to form by
Manuel A: Molliffedo, Director 7omas J~/~roh City Attorney
of Parks and Recreation
5929a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
bHULA VISTA, CALIFORNIA, this 18 day of ,~ul}, .....
19 89 , by the following vote, to--wit:
AYES: Councilmembers Nade~:, Co-~, Mood:e, McCaadliss
NAYES: Councilmembers ~one
ABSTAIN; Councilmembers ~one
ABSENT: Councilmembers Malcolm
';~~ ~Y of Chula Vista
ATTEST ~/~'~ D/~
~TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
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 o full, true and correct copy of
RESOLUTION N0. i5185 ,and that the some has not been amended or repealed
DATED
City Clerk
CC-660
THIRTEENTH 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 MEARINA, BAYSIDE
PARK AND ADJACENT MEDIANS IN SAN OIEGO UNIFIED
PORT DISTRICT PROPERTY
THIS AMENDED AGREEMENT, made and entered into this 18 day
Of July 1989, by and bebeeen THE CITY OF CHULA VISTA, a '
municipal corporation', herein·fief called "CITY", and THE SAN DIEGO UNIFIED '
PORT DISTRICT, · political subdivision of the State of California, herein·fief
called "DISTRICT";
WHEREAS, the San Diego Unified Port District and the City of Chula '
¥(sta 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
expend the maintenance ·re·,
NOW, THEREFORE, IT IS NUTUALLY.UNDERSTOOD AND AGREED by and between
the part(as 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 ·greed that the cost for maintenance as se't
forth in Par·graph 1 of this agreement does not cover materials, or labor, or
repairs of the structures, building or landscaping as a result of ma.ior
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 bllle~ to
the Di strict. 14aJor vandal t sm shal 1 be deft ned as any one-time cost
(including material and labor) amounting to more than $500.00.
w~h the seal c~ the
Port Is m true
theperrnanentrtc~rdli~dinth~olii~
,~n"'~$;ai' corporation', he~eina~er called "CITY", and THE SAN DIEGO UNIF%~I~
PORT DISTRICT, a polStfcal subdtvts$on of the State of Ca14forn4a, heretnafter
called "DISTRICT";
WITN~SSETH:
~HEREAS, the San Ofego Un~fled Port D1str4ct and the City of Chu~a
VIsta executed an agreement for ma4ntenance of Port D~strfct property at the
"J" Street Marina on September 28, 1977, and
· {EREAS, said agreement provided for the extension and amendment of .
the agreement when mutually consented to by the part(es, and
14HEREAS, both parties mutually agree to extend sa~d agreement and to
expand the ma(ntenance area.
NO~, THEREFORE, ZT IS ~JTUALLY.UNDERSTOOD AND AGREED by and between
the part(es as follows:
1.MAINTENANCE TO BE PROVIDED
See attached Exhibit A
2. AREAS TO BE MAINTAINEDI
See attached Exhibit B.
3. EXCEPTIONS TO DUTIES.
It ~s understood and agreed that the cost for maintenance as s~t
forth ~n Paragraph 1 of thJs agreement does not cover mater4als, or labor, or
repairs of the structures, build(ng or landscaping as a result of ma.lor
vanda14sm or destruction from any cause whatsoever. Such repairs or
replacements shall be cons(dered to be over and above'ordinary ma4ntenance and
H411 be performed by C~ty forces only after "approval by the D~str~ct and .;~
the O~str(ct. Hador vandalism shall be defJned as any one-t~me cost
(~nclud~ng matertal and labor) amounting to more than $5OO.OO. i
4. CONSIDERATION .:
In consideration for the C~ty's maintenance of the area defined
attached Exhibit B for fiscal year 1989-90, the District shall pay to the City.
b
$194,590. Payment to be made quarterly on July 1 and October 1, 1989 ands,,
January 1 and April 1, 1990,
5. TERM AND TERMINATION
The t t'shall :the' fiscal year from July 1,
1989 to and Including June 30, 1990 provtded, however, either party ma, v
temtnate this a reement at any~ttme by" gtvtng~;the' other party'..notice in '.
writing sixty (6g) days prior to tP0e-date'of. t'ermtnatton',. Zt ts further.
provided that sald agreeeent may.be rene~ed'each.ftscal year subject to the
same sixty (601 day termination provision 'and'..subJect.,to mutual agreement
betweefi the parties as to the annual constderatlofi to be paid by District for
said services for !aid ftlcll.'year. Ifi.the evefitthat employee salaries have~
not been established for' the .fiscal year; the parties agree that the .'.
consideration shall be adjusted retroactlvely. from July 1 to the time salaries
are established. Said retroactlve adJust~nent shall be :effective upon written;
notice by the Director of Parks arid Retreattot1 to the Port District.
6. HOLD HARMLESS District agrees to t~d~,mtf~"and':~Ol'~! harmless the CIty of Chula
VIsta against and from any and all damages to property or tnJurfes to or death
of any persoft or parsotis, tficludtn9 employees or. agents Of the City, and shall
defend, Indemnify and hold harmless .the City, Its 'officers, agents and
employees, from an)' and'all claims, demands,"sutts, actions or proceedings of
afiy kind or ~ature~ Of or by anyone ldlolllsoever, ~ a~y way resulting from or
arising out of the negligent or Intentional acts, errors or omissions of the
DIstrict or any of Its officerss agefits, oremployees,.
CIty agrees to Indemnify and hold harml;ss the San Dte.qo~Untfted Port
DIstrict against and fro~ any. end all damages to property or InJuries to or
death of any person or persons, (ncludfng employees or agents of the District,
and shall defend, Indemnify and hold harmless the District, Its officers,
agents and omplcyees, from anY and all claims, demands, suits, actions or
proceedings of any kind or fiature, of or by anyone whomsoever, tn afiy 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. ~Istrtct shall, throughout the duration of this Agreement
maintain comprohensfve general liability end property damage Insurance ,.: '
covering all operations hereunder of District, Its agents and employees "'
Including but not Hmtted to pre.~tses and automobile, with minimum coverage of
One Hillion Dollars {$1,000,000) combined single limits. Evidence of suc~
coverage, tn the firm of a ietter !fidtcattfig self-(nsurance shall he submitted . .~.
to the CIty Cler~ at 276 Fourth Avenue,
-2-
to the CIty Clerk of,the. CIty of. Chule ~Vlsta of cancellation or mate~!p!'
change. - ,.:'..~',,' ,- ' · '.,.1 ~.~!~':';'. , ,/., ~.',' ;'.,;.';,..
City shall. ~'.throughout. the..duratfon of.this' Agreement ma~ntaln
comprehensive generel'~l~ab115ty and property~ damage' insurance cover~ng all,-
operations hereunder ..~f/;Ctty.~tts:~agents..and .:emplOyees tnclud~ng'.but not"
limited to rem~ses and~'/auto~obtle~ ~tth ,m~nimum; coverage.of One.'N~ll~on
Dollars {$1.~)O.O00)'combined single~l$mits...Evidence'of such coveraOe. tn , ,
the form of a Certificatel'.of,:Znsurance and Policy Endorsement wh ch names. ~he,?~'.~:.., ,'
District as Additional :Insured,' shall .be $ubmitted to'~the,San Diego IIn~ffed.I.'/:;,'~
Port District. Pj O. Box;:~488~ ,san',piego,-, CA.:: g2112.-,',',~,,~:;~Y~:~:. /" . ~ ...' .:-:~::~. ,' :~' ;:.:.
Said Policy orb;policies)she l~provf e,lth y { ) day-w~itten not ce
to the San Oiego Unified Port Otst~tct,of,Can'cellation'oP. materfa1 change. /'~
B. C~ty,~-$hall ~nsuran~e ~,fn . .1
the statutory/amount andLEmployei :~L~abtlit coverage ~n the.ameunt~i~Of '~ '.
$500.000; evidence-Of to;D~$trict in the fom.~,of,,-
Certificate of Insurance.
8. ATTORNEYS' FEES ,: .: ,,
%n"the~e arths. the preva~Hn{I
party shall recover' (tl attorney-feeS. expenses' incurred by
reason of such dispute. :-:~ '; .. ~ ,:;.-~:,:. .-,
IN i~ITNESS I~HER~OF; have.cauSed th~s"agreement ~to
be executed the day and year'first.abOve,written. ~'..--,~'"
CITY (Xc CHULA VISTA SAN DIEGO UNIFIED PORT DISTRICT
a oroo t,,e" ista.t. o / recto.r~
N y A P
' Approved s, to forth by Approved as. to .form by
(T~mas J. orney' .. ~loseph O. Patello, Port Attorney
NPC 1245R
-3- :~";~ ''-~
exhibit "A"
Maintenance Provided for "J" Street Marina, Bayside Park, Landscape Medians
I. Employee Service
5101 Sal, ;540 :"~
5103
5141 Retiren('~'(
5142
5144 Worker's',..~nsatioz
II. Supplies & Services
5252
5304
"~' Streets& Groundl- ·
5398 Other ~i~ent 0
. III. Capital Equipment 32,710
~68 O~her E~t~ent 23
G~ ~ 171,730 194,59
=.]'..~
HADED AREA8 INDICATE
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9LOVER
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., -.. Bay ,. ~,,:~,,. ~,
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..... MARINA.. :':V;
" " " PARKs:
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