Loading...
HomeMy WebLinkAbout2004 CON Unified Port District - Music Program Pepper ParkSDUPD - Service 7/03 AGREEMENT The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation (District) and the tnn ,;,�• (Service Provider). Recitals: The District desires to enter into an Agreement with Service Provider for the Pep : The Parties Agree: 1. TERM OF AGREEMENT: This Agreement shall commence upon July 1, 2004 and shall terminate on June 30, 2005 subject to earlier termination as provided below. 2. SCOPE OF SERVICES: Service Provider shall perform services for District in accordance with this Agreement, Scope of Services dated , attached hereto as Exhibit A and by this reference made a part hereof. Service Provider shall conduct those program activities budgeted and contained in Exhibit A, attached hereto and incorporated herein by reference as a part of this Agreement. Each specific program activity shall be subject to prior approval of the District pursuant to the terms of Board of Port Commissioners Policy Number 025. Service Provider shall keep the Executive Director of the District or his designated representative informed of the progress of said services at all times. 3. PAYMENT TERMS: For performance of services rendered pursuant to this Agreement, District will pay Service Provider a fee based on the following, subject to the limitation of the maximum expenditure provided herein: a. Payment Documentation. Each month, as a prerequisite to payment for services, Service Provider shall invoice District for services performed and for reimbursable expenses authorized by this Agreement and incurred in the prior Page 1of11 SDUPD — Service 7/03 reimbursable expenses authorized by this Agreement and incurred in the prior month, accompanied by such records and receipts as required, including progress reports as described in subparagraph (b) below. If payments are based on established milestones, then Service Provider shall invoice as each milestone is completed, but not more often than once a month. Service Provider shall submit one (1) original and one (1) copy of each statement for payment in the format and containing the information specified in Exhibit A including the certification as follows: "1 certify under penalty of perjury that the above statement is just and correct according to the terms of Document No. ' and that payment has not been received." b. Progress Documentation. Service Provider shall provide District progress reports in a format and on a schedule as Contract Administrator directs. Progress reports shall include a description of work completed, cumulative dollar costs incurred, anticipated work for the next reporting period, percentage of work complete, and the expected completion date for remaining work. The report shall identify problem areas and important issues that may affect project cost and/or schedule. The report shall present actual percent completion versus planned percent completion. c. Maximum Fee and Invoices. The maximum expenditure under this agreement shall not exceed Said expenditure shall include without limitation all sums, charges, reimbursements, costs and expenses provided for herein. Service Provider shall not be required to perform further services after said sum has been expended. Service Provider shall reference the document number of this agreement on invoices. Service Provider shall submit all invoices within 30 days of completion of work represented by the request and within 60 days of incurring costs to be reimbursed under the agreement. Service Provider shall include all back-up documentation for requested reimbursables with the invoices. Page 2 of 11 SDUPD — Service 7/03 4. SERVICE PROVIDER'S RECORDS: In accordance with generally accepted accounting principles, Service Provider shall maintain full and complete records of the cost of services performed under this Agreement. Such records shall be open to inspection of the District at all reasonable times in the City of San Diego and such records shall be kept for at least three years after the termination of this Agreement. Such records shall be maintained by Service Provider for a period of five (5) years after completion of services to be performed under this Agreement or until all disputes, appeals, litigation or claims arising from this Agreement have been resolved, whichever is later. Service Provider understands and agrees that District, at all times under this Agreement, has the right to review project documents and work in progress and to audit financial records, whether or not final, which Service Provider or anyone else associated with the work has prepared or which relate to the work which Service Provider is performing for District pursuant to this Agreement regardless of whether such records have previously been provided to District. Service Provider shall provide District at Service Provider's expense a copy of all such records within five (5) working days of a written request by District. District's right shall also include inspection at reasonable times of the Service Provider's office or facilities which are engaged in the performance of services pursuant to this Agreement. Service Provider shall, at no cost to District furnish reasonable facilities and assistance for such review and audit. Service Provider's failure to provide the records within the time requested shall preclude Service Provider from receiving any payments due under this Agreement until such documents are provided. 5. SUBCONTRACTORS: It is agreed it may be necessary for Service Provider to subcontract for the performance of certain technical services or other services for Service Provider to perform and complete the required services. The Service Provider shall remain responsible to the District for any and all services and obligations required under this Agreement, whether performed by Service Provider or its subconsultants. Service Provider shall pay each subconsultant in the time periods required by law. Any subconsultants employed by Service Provider shall be independent contractors and not agents of the District. Service Provider shall insure that its subconsultants Page 3 of 11 SDUPD - Service 7/03 satisfy all substantive requirements for the work set forth by this Agreement, including insurance and indemnification. Service Provider shall also include a clause in its Agreements with subconsultants which reserves the right, during the performance of this Agreement and for a period of three years following termination of this Agreement, for a District representative to audit any cost, payment or settlement resulting from any items set forth in this Agreement. This clause shall also require subconsultants to retain all necessary records for three years. 6. SERVICE PROVIDER'S COMPLIANCE: In performance of this Agreement, Service Provider, its subconsultants and subcontractors, shall comply with the California Fair Employment and Housing Act and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of race, color, national origin, sexual orientation, religion, age or sex or handicap. Service Provider shall comply with provisions of Labor Code Section 1720 as applicable. 7. INDEPENDENT ANALYSIS: Service Provider shall provide the services required by this Agreement and arrive at conclusions with respect to the rendition of information, advice or recommendations, independent of the control and direction of the District, other than normal contract monitoring provided, however, Service Provider shall possess no authority with respect to any District decision beyond rendition of such information, advice, or recommendations. 8. ASSIGNMENT: This is a professional services Agreement between the parties and Service Provider shall not assign or transfer voluntarily or involuntarily any of its rights, duties, or obligations under this Agreement without the express written consent of Executive Director (President/CEO) of District in each instance. 9. INSURANCE REQUIREMENTS: Insurance: The Service Provider agrees to procure and hold at all times during the Term of this Agreement, a commercial general liability policy covering any bodily injury, property Page 4 of 11 SDUPD — Service 7/03 damage, personal injury or advertising injury associated with all Marketing. Services to be provided under this Agreement, with a per occurrence limit of One Million Dollars ($1,000,000), hereinafter the "Commercial General Liability Policy." This Commercial General Liability Policy shall include an endorsement that adds the District, its officers, employees and agents as additional insured. Proof of such insurance shall be found satisfactory to the District. Special. Instructions: A Certificate of Insurance in a form acceptable to the District, an exemplar of which is attached, evidencing the existence of the required insurance policies and original endorsements effecting coverage required shall be kept on file with the District. Mail the Certificate and Endorsements to: Audit & Risk Management Services San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on Service Provider or its subconsultants or sub-subconsultants. District shall reserve the right to obtain complete copies of any of the insurance policies required herein. 10. ACCURACY OF SERVICES: Service Provider shall be responsible for the technical accuracy of its services and documents resulting therefrom and District shall not be responsible for discovering deficiencies therein. Service Provider shall correct such deficiencies without additional compensation. Furthermore, Service Provider expressly agrees to reimburse District for any costs incurred as a result of such deficiencies. Service Provider shall make decisions and carry out its responsibilities hereunder in a timely manner and shall bear all costs incident thereto so as not to delay the District, the project, or any other person related to the project, including the General Contractor or its agents, employees, or subcontractors. 11. INDEPENDENT CONTRACTOR: Service Provider and any agent or employee of Service Provider shall act in an independent capacity and not as officers or employees of District. The District assumes no Page 5 of 11 • SDUPD — Service 7/03 liability for the Service Provider's actions and performance, nor assumes responsibility for taxes, bonds, payments or other commitments, implied or explicit by or for the Service Provider. Service Provider shall not have authority to act as an agent on behalf of the District unless specifically authorized to do so in writing. Service Provider acknowledges that it is aware that because it is an independent contractor, District is making no deductions from its fee and is not contributing to any fund on its behalf. Service Provider disclaims the right to any fee or benefits except as expressly provided for in this Agreement. 12. ADVICE OF COUNSEL: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. 13. INDEPENDENT REVIEW: Each party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this Agreement is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent or attorney of any other party. 14. INTEGRATION AND MODIFICATION: This Agreement contains the entire Agreement between the parties and supersedes all prior negotiations, discussion, obligations and rights of the parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the parties. No modifications, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the parties hereto. 15. OWNERSHIP RECORDS: Page 6 of 11 SDUPD - Service 7/03 Any and all materials and documents, including without limitation drawings, specifications, computations, designs, plans, investigations and reports, prepared by Service Provider pursuant to this Agreement, shall be the property of District from the moment of their preparation and the Service Provider shall deliver such materials and documents to District at the District administrative office building whenever requested to do so by District. However, Service Provider shall have the right to make duplicate copies of such materials and documents for its own file, or other purposes as may be expressly authorized in writing by District. Said materials and documents prepared or acquired by Service Provider pursuant to this Agreement (including any duplicate copies kept by the Service Provider) shall not be shown to any other public or private person or entity, except as authorized by District. Service Provider shall not disclose to any other public or private person or entity any information regarding the activities of District, except as expressly authorized in writing by District. 16. TERMINATION: In addition to any other rights and remedies allowed by law, the Executive Director (President/CEO) of District may terminate this Agreement at any time with or without cause by giving 30 days written notice to Service Provider of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall at the option of District be delivered by Service Provider to District at the District administration office building. Termination of this Agreement by Executive Director (President/CEO) as provided in this paragraph shall release District from any further fee or claim hereunder by Service Provider other than the fee earned for services which were performed prior to termination but not yet paid. Said fee shall be calculated and based on the schedule as provided in this Agreement. 17. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and is not settled by direct negotiation or such other procedures as may be agreed, and if such dispute is not otherwise time barred, the parties agree to first try in good faith to settle the dispute amicably by mediation administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, prior to initiating any litigation or arbitration. Notice of any such dispute must be filed in writing with the other party within a reasonable time after the dispute has arisen. Any resultant Agreements Page 7 of 11 SDUPD — Service 7/03 shall be documented and may be used as the basis for an amendment or directive as appropriate. If mediation is unsuccessful in settling all disputes that are not otherwise time barred, and if both parties agree, any still unresolved disputes may be resolved by arbitration administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, provided, however, that the Arbitration Award shall be non- binding and advisory only. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. On demand of the arbitrator or any party to this Agreement, subconsultants and all parties bound by this arbitration provision agree to join in and become parties to the arbitration proceeding. The foregoing mediation and arbitration procedures notwithstanding, all claim filing requirements of the Agreement documents, the California Government Code, and otherwise, shall remain in full force and effect regardless of whether or not such dispute avoidance and resolution procedures have been implemented, and the time periods within which claims are to be filed or presented to the District Clerk as required by said Agreement, Govemment Code, and otherwise, shall not be waived, extended or tolled thereby. If a claim is not timely filed or presented, such claim shall be time barred and the above dispute avoidance and resolution procedures, whether or not implemented or then pending, shall likewise be time barred as to such claims. 18. PAYMENT BY DISTRICT: Payment by the District pursuant to this Agreement does not represent that the District has made a detailed examination, audit, or arithmetic verification of the documentation submitted for payment by the Service Provider, made an exhaustive inspection to check the quality or quantity of the services performed by the Service Provider, made an examination to ascertain how or for what purpose the Service Provider has used money previously paid on account by the District, or constitute a waiver of claims against the Service Provider by the District. The District may in its sole discretion withhold payments or seek reimbursement from the Service Provider for expenses, miscellaneous charges, or other liabilities or increased costs incurred or anticipated by the District which are the fault of or as result of work performed or negligent conduct by or on behalf of the Service Provider. Upon five day written notice to the Service Provider, the District shall have the right to estimate the amount of expenses, miscellaneous charges, or other liabilities or increased costs and to cause the Service Provider Page 8 of 11 SDUPD - Service 7/03 to pay the same; and the amount due the Service Provider under this Agreement or the whole or so much of the money due or to become due to the Service Provider under this Agreement as may be considered reasonably necessary by the District shall be retained by the District until such expenses, miscellaneous charges, or other liabilities or increased costs shall have been corrected or otherwise disposed of by the Service Provider at no expense to the District. If such expenses, miscellaneous charges, or other liabilities or increased costs are not corrected or otherwise disposed of at no expense to the District prior to completion date of the Agreement, the District is authorized to pay for such expenses, miscellaneous charges, or other liabilities or increased costs from the amounts retained as outlined above or to seek reimbursement of same from the Service Provider. It is the express intent of the parties to this Agreement to protect the District from loss because of conduct by or on behalf of the Service Provider. 19. CAPTIONS: The captions by which the paragraphs of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. 20. EXECUTIVE DIRECTOR'S SIGNATURE: It is an express condition of this Agreement that said Agreement shall not be complete nor effective until signed by either the Executive Director (President/CEO) or authorized designee on behalf of the District and by the other party. DATED: , 20 . PORT ATTORNEY SAN DIEGO UNIFIED PORT DISTRICT By: CITY OF NATIONAL CITY By : By: DOCS #89176 Nick nzun a, j•"or ED S TO FORM Page 9 of 11 Rudolf Hradecky Sr.. Asst. City Attorney MEMORANDUM OF INSURANCE = ISSUE DATE 07/28/04 DRIVER ALLIANT INSURANCE SERVICES, INC. P.O. BOX 6450 NEWPORT BEACH, CA 92658-6450 (949) 756-0271 THIS MEMORANDUM .IS ISSUED AS A MATTER OF INFORMATION ONLY.AND.CONFERS NO RIGHTS UPON THE MEMORANDUM HOLDER., THIS MEMORANDUM DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE SHOWN BELOW. * SAN DIEGO POOLED INSURANCE COVERAGE AFFORDED BY INSURED PROGRAM AUTHORITY AND MEMBER AGENCY OF: LETTER A: INDIVIDUAL CITY'S SELF -INSURED RETENTION CITY OF NATIONAL CITY NATIONAL CITY JOINT POWERS FINANCING AUTHORITY 1243 NATIONAL CITY BLVD. LETTER B: "San Diego Pooled Insurance Program Authority, A Public Agency? NATIONAL CITY, CA 91950 * MEMBER AGENCY OF THE SAN DIEGO. POOLED INSURANCE PROGRAM AUTHORITY COVERAGE PER CA. GOVERNMENT CODE SECTION 990.4(a), 990.8(c) THIS IS TO CERTIFY THAT A MEMORANDUM OF INSURANCE BELOW HAS BEEN ENTERED INTO BY INSURED NAMED ABOVE AS AUTHORIZED BY CALIFORNIA GOVERNMENT CODE SECTION 990.4(a) AND 990.8(c) FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HERE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF THE SUCH CONTRACT. LTR TYPE OF COVERAGE MEMORANDUM NUMBER MEMORANDUM EFFECTIVE DATE MEMORANDUM EXPIRATION DATE LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE AGGREGATE A GENERAL AND AUTOMOBILE LIABILITY SELF INSURED 07/01/04 07/01/05 BI & PD COMBINED 100, N/A PERSONAL INJURY INCL. B EXCESS LIABILITY` * SDC 0019 07/01/04 07/01/05 BI & PD COMBINED 1,900, * * THE ABOVE NOTED MEMORANDUM OF INSURANCE IS A CLAIMS -MADE CONTRACT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS AUGUST 8, 2004 COMMUNITY BAND CONCERT AT PEPPER PARK ***THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID LOSSES Al MEMORANDUM HOLDER CANCELLATION SAN DIEGO UNIFIED PORT DISTRICT, ITS OFFICERS AND EMPLOYEES ATTN: AUDIT & RISK MGMT PO BOX 120488 SAN DIEGO, CA 92112-0488 SHOULD ANY OF THE ABOVE DESCRIBED CONTRACTS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE AUTHORITY WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE HOLDER NAMED HEREON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORITY, OR ITS REPRESENTATIVES. EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM. AUTHORIZED SIGNATURE j� ;�i� jf /j�j�t� l�e�i�/t,�.r t.� (/ J tta-- G:W PUnit\Sandpipa\Sd-Liability\Sd-Liab-cer\_Stl-liab-pri.doc EXHIBIT A to the Financial Assistance Agreement by and between PORT OF SAN DIFGO AND CITY OF NATIONAL CITY, RECREATION DEPARTMENT Marketing Service Value Printed Advertisements including Recognition of the Port Sponsorship: Star News (2 weekends, using both Port seal and written recognition of Port co-sponsorship, includes map and written directions to park) San Diego Seniors (August edition, Port seal and written recognition of Port co-sponsorship, includes map and written directions to park) San Diego Union Tribune (2 issues, using Port seal and written recognition of Port co-sponsorship, includes map and written directions to park) $23,100 Flyers: The National City Parks & $ 6,200 Recreation Department, City of National City, National City Chamber of Commerce, Sweetwater Union High School District will distribute approximately 31,000 flyers. Flyers will include Port seal, written recognition of Port co-sponsorship, map and written directions to park. San Diego Union Tribune inserts for Auto Heritage Days, which includes ad for concert will be handed out at event. Insert includes Port seal, written recognition of Port co-sponsorship, map and written directions to park. Other: • 11"x17" Concert Posters displayed: 150 Posters will have Port seal and written recognition of Port co- sponsorship. Posters will be put up at various business and locations throughout National City and other South Bay areas. National City Electronic Freeway Signs: 3 5,500 Sweetwater High School Electronic Sign: 1 $ .1 Articles Submitted to Newspapers: Articles will be submitted to Star News, San Diego Union Tribune, and San Diego Seniors. Articles will contain information promoting concert and written recognition of Port co-sponsorship. Radio: Ifpossible, radio interview with concert conductor, Ed Reed, on "Enrique de la Tarde," a local Spanish language program, on Radio 1040 AM station. Interview would be approximately 5-10 minutes and would promote concert, major funding recognition of Port co-sponsorship, and giving directions to Pepper Park. If possible, radio interview by phone with concert conductor, Ed Reed, and Roger Hedgecock on KOGO 690 AM Radio. Interview would be approximately be 5-10 minutes and would promote concert, and Port co-sponsorship, and give directions to Pepper Park. Added Value Added Value Television: Channel 10 interview with concert conductor, Ed Reed, at last rehearsal on August 3rd. Interview will promote concert and Port participation. Added Value Web Sites: National City Chamber of Commerce web site promotes concert with links to map and written directions to Pepper Park from San Diego, Chula Vista and East County. Includes written recognition of Port co-sponsorship. City of National City web site will have scanned poster promoting concert, bearing Port seal, and have written recognition of Port co-sponsorship, with map and written directions to Pepper Park. Sweetwater Union High School District web site will promote concert with written recognition of Port co-sponsorship Sweetwater High School Alumni web site will have scanned poster promoting concert, bearing Port seal, have written recognition of Port co-sponsorship, with map and written directions to Pepper Park. Port of San Diego web site will have information concerning co- sponsorship and concert. $10, 000 At Concert: At concert printed programs include "thank you" for Port sponsorship and major funding recognition. Public acknowledgement of Port of San Diego officials in attendance. Introduction at beginning of concert by Port Commissioner, Jess Van Deventer At event verbal "thank you" and recognition of Port's major funding for the concert from stage platform. $ 2,000 Port Of San Diego Services Being Requested: 1. Portable stage. 2. Waiver of Park Permit fee. 3. Waiver of generator fee. Added Value TOTAL $46,800 NATIONAL CITY COMMUNITY CONCERT BAND MUSICAL SELECTION THAT WILL BE PLAYED AT PEPPER PARK CONCERT SUNDAY, AUGUST 8, 2004 6:00 PM — 8:00 PM "MUSIC FROM STAGE AND SCREEN" This concert will feature music from Broadway shows and major motion pictures, past and present. Music from the following shows and movies has been selected: Pirates of the Caribbean Chicago The Lord of the Rings Marna Mia South Pacific West Side Story Camelot Hatari (Baby Elephant Walk) Porgy and Bess (Summertime) Ten (Bolero) The Desert Song (The Riff Song) Music Man (76 Trombones) New York, New York (theme) The Wizard of Oz (Over the Rainbow) Cole Porter on Broadway (Medley) Broadway Showstoppers (Medley) Hooray for Hollywood (Medley) P1 ,dEETING DATE 8/3/04 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 13 ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Mayor to Execute a Contract with the Unified Port of San Diego On a Reimbursable Basis Not to Exceed $22,500 for a Musical Program to be Held at Pepper Park EXPLANATION This item authorizes the City to enter into a contract with the Unified Port of San Diego for a concert to be held at Pepper Park on August 8, 2004, for a reimbursable basis not to exceed $22,500. DEPARTMENT Parks & Recreation PREPARED BY Miguel A. x4290 Attached is the musical program. Band is rehearsing program at this time. Park staff will again work with the Band and the Unified Port of San Diego to coordinate the event. ( Environmental Review xx N/A Financial Stateffhent The fee of $2„500 is funded by the Port of San Diego APPr City support activities of approximately $1,200 can be charged to Governmental Purposes. inanc irect r titiom Account NoD01-409=000-21 STAFF RECOMMENDATION Approval BOARD / COMMISSION RECOMMENDATION Approval ATTACHMENTS ( Listed Below ) Musical Program Contract Resolution A-200 (999) Resolution No. 0000' RESOLUTION NO. 2004 — 146 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE UNIFIED PORT OF SAN DIEGO ON A REIMBURSABLE BASIS NOT TO EXCEED $22,500 FOR A MUSICAL PROGRAM TO BE HELD AT PEPPER PARK ON AUGUST 8, 2004 WHEREAS, the City desires the use Pepper Park for a summer musical program to be held on August 8, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City a Contract on a reimbursable basis not to exceed $22,500 with the Unified Port of San Diego for a musical program to be held at Pepper Park on August 8, 2004. Said Contract is on file in the office of the City Clerk. PASSED AND ADOPTED this 3`d day of August, 2004. Nick Inzu+za, ATTEST: RA/ Micha I Dalla, Ci Clerk APPROVED AS TO FORM: 4itutift George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 3, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California 2 City Clerk of the C. y of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-146 of the City of National City, California, passed and adopted by the Council of said City on August 3, 2004. City Clerk of the City of National City, California By: Deputy City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 August 10, 2004 San Diego Unified Port District Audit and Risk Management Services PO Box 120488 San Diego CA 92112-0488 On August 3, 2004, Resolution No. 2004-146 was passed and adopted by the City Council of the City of National City, authorizing the Mayor to execute a contract with the Unified Port of San Diego on a reimbursable basis not to exceed $22,500 for a musical program to be held at Pepper Park on August 8, 2004. We are forwarding a certified copy of the above Resolution and three (3) original contracts. Please sign the contracts and return one (2) fully executed contracts to our office. Sincerely, Martha L. Alvarez, CMC Deputy City Clerk /mla Enclosure cc: Parks and Recreation File No. C2004-36' ® Recycled Paper