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HomeMy WebLinkAbout2005 CON San Diego Port District - 2004-2005 MarketingSDUPD - Service 7/03 AGREEMENT The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation (District) and the City ofwNatianil City (Service Provider). Recitals: The District desires to enter into an Agreement with Service Provider for the Fiscal Year 2004/2005 Marketing / Fee for Service Sponsorship Program — Community Development Commission — Rediscover National City. 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 pay Service Provider a fee based on the following, subje„ t to the lirnit�+'ion of the maximum expenditure provided -herein: • Page 1 of 15 SDUPD - Service 7/03 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 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: "I certify under penalty of perjury that the above statement is just and correct according to the terms of Document No. 47553, 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 ten AhOUSadd.gdollar ;Opp), Said expenditure shall includo without limitaliodi all sums, charges, reimbursements, cost. and o:=p4(I s<s provided for herein. Service Page 2 of 15 SDUPD — Service 7/03 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. 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 engaced in the performance of services pursuant to this Agreement. Serjire Provider shall, at no cost to District furnish reasonable facilities aild assistor:ce tor such review and a,a ii. Service Page3of15 SDUPD — Service 7/03 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 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 appll=:cnie. Pae4of15 SDUPD — Service 7/03 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. INDEMNIFICATION: a. Indemnification for Non -Professional Services: To the fullest extent provided by law with respect to all liability except liability for Professional Services, covered under Section 9(b), the Service Provider agrees to defend, indemnify, protect and hold harmless the District, its agents, officers and employees, from and against any claim, demand, action, proceeding, suit or liability for damages, costs (including reasonable attorneys' fees) or expenses for damages to property or the loss of use thereof or injuries or death to any person (including Service Provider's employees), caused by, arising out of or related to the performance of, Service Provider as provided in the Scope of Professional Services, or failure to act by Service Provider, its officers, agents, subcontractors and employees. i he Service Provider's duty to defend, indemnify, _r”otect, and hold harmless shall not include any claims or liabilities Page 5 of 15 SDUPD — Service 7/03 arising from the active negligence, sole negligence or willful misconduct of the District, its agents, officers, or employees. The Service Provider further agrees that the indemnification, including the duty to defend the District, requires the Service Provider to pay reasonable attorneys' fees and costs the District incurs that are associated with enforcing the indemnification provision, and defending any claims, demands, or liabilities arising from the services of the Service Provider performed pursuant to this agreement. The District may, at its own election, conduct its defense, or participate in the defense of any claim demand related in any way to the agreement. If the District chooses as its own election to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any claim, demand or liability related to Service Provider's Scope of Professional Services, the Service Provider agrees to pay the reasonable value of attorneys' fees and all of the District's costs. b. Indemnification for Professional Services: To the fullest extent provided by law, the Service Provider agrees to defend, indemnify, protect and hold harmless the District, its agents, officers and employees from and against any and all claims, demands, liability for any damages, costs (including reasonable attorneys' fees and costs), or expenses, arising from the actions or omissions of the Service Provider as provided in the Scope of Professional Services. The Service Provider's duty to defend, indemnify, protect, and hold harmless shall not include any claims or liabilities arising from the active negligence, sole negligence or willful misconduct of the District, its agents, officers, or employees. The Service Provider further agrees that the indemnification, including the duty to defend the District, r quires the Strvicc Provider to pay re�sonah'e attorneys' lees costs the District Page 6 of 15 SDUPD - Service 7/03 incurs that are associated with enforcing the indemnification provision, and defending any claims, demands, or liabilities arising from the services of the Service Provider performed pursuant to this agreement. The District may, at its own election, conduct its defense, or participate in the defense of any claim or demand related in any way to the agreement. If the District chooses as its own election to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any claim, demand or liability related to the Scope of Professional Services, the Service Provider agrees to pay the reasonable value of attorneys' fees and all of the District's costs associated with its defense. 10. 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 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. Page 7 of 15 SDUPD — Service 7/03 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. 11. 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. 12. 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 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 rf the District unless specifically authorized to do so in wri`ih sg. Service Provider acknowledges that it is aware th:;t because Par' of 15 SDUPD — Service 7/03 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. 13. 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. 14. 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. 15. 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 shallbe valid unless it is in writing and signed by the parties hereto. Page 9 of 15 SDUPD — Service 7/03 16. OWNERSHIP RECORDS: 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. 17. 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. Page 10 of 15 SDUPD — Service 7/03 18. 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 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, Government Code, and ;;t;ierwise, shall not be waived, extended or tolled thereby. If a claim not timely filed or presented, such claim shall be time barred and the above Page i 1 of 15 SDUPD — Service 7/03 dispute avoidance and resolution procedures, whether or not implemented or then pending, shall likewise be time barred as to such claims. 19. 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 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 DI ;tr ict is authorized to pay for such expenses, miscella.r: ous charges, Or other liabilities or increased cost?... frOM the amounts retain^:w cis r,utlined above or to seek Page 12 of 15 SDUPD — Service 7/03 reimbursement of same from the Service Provider. It is the express intent of the parties to this Agreement to protect the District from Toss because of conduct by or on behalf of the Service Provider. 20. CAPTIONS: The captions by which the paragraphs of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. 21. 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: cf(!n 1.0 , 20� SAN DIEGO UNIFIED PORT DISTRICT PORT ATTORNEY By : By: NICK INZUNZA, Mayor S d GqJ -,D C a N1 R-AC Page 13 of 15 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATES January 18, 2005 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the San Diego Unified Port District for $10,000 seed money fgr?riarketing the City. PREPARED BY Maria Arcega-Dunn 336-4245 EXPLANATION Please see attached. DEPARTMENT ityanager Environmental Review ✓ N/A Financial Statement N/A Account No. N/A STAFF RECOMMENDATION Adopt Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution A-200 (9/80) RESOLUTION NO. 2005 — 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE REDISCOVER NATIONAL CITY MARKETING/FEE FOR SERVICE SPONSORSHIP PROGRAM WHEREAS, the San Diego Unified Port District ("the District") desires to enter into an agreement with the City for the "Fiscal Year 2004/2005 Marketing/Fee for Service Sponsorship Program"; and WHEREAS, pursuant to said agreement the City, in exchange for up to $10,000 in funding from the District, would conduct advertising and public relations activities promoting the City, and acknowledging the District's financial support and other contributions which the District has made toward enhancing the City's image. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with the San Diego Unified Port District for the "Fiscal Year 2004/2005Marketing/Fee for Service Sponsorship Program -- Community_ Development Commission — Rediscover National. City." Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of January, 2005. ATTEST: 4 Mic =el Dalla,ity Jerk APPROVED AS TO FORM: i ✓ c.L�r.. wipe George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on January 18, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA i Clerk of the Ci of National By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-7 of the City of National City, California, passed and adopted by the Council of said City on January 18, 2005. City Clerk of the City of National City, California By: Deputy C City, California Situation Analysis National City is the second oldest city in San Diego County. Although the City is undergoing a myriad of revitalization projects, many surrounding communities maintain a negative perception of the City due to its long history of crime and miles of run down neighborhoods. In a recent poll conducted by Di Zinno Thompson, more than half of those surveyed named National City Mile of Cars as the first thing they thought of when ,The City of National City was mentioned. However, of those more than half had a negative perception of the City; calling it crime ridden, gang territory and a general eye sore. This widespread negative opinion not only affects the Mile of Cars, it affects the community, citizens and businesses as a whole. The Community Development Commission (CDC) has done a tremendous job of creating programs to attract new business and improve the quality of life in the City. Although the CDC is gaining traction, the Commission cannot go it alone. With a new group of concerned government officials taking office, including the installment of a new Public Information Officer / Director of News Media Relations, the City is ripe for building a coalition of community partners interested in creating a positive image for National City. Detailed below is Phase one of our objectives as well as our strategies and tactics for helping build a coalition of partners through Media image enhancement projects sponsored by the Port of San Diego. Once we have additional partners committed, we can provide a Phase II Plan that will include building out the community partnerships and highlighting them via strategic media relationships. Objective • To create an alliance among key influencers, media corporations, government entities and non-profit organizations that will result in a united front in changing the negative public perception surrounding National City • To showcase Port of San Diego as the entity leading the charge for a better tomorrow Strategies • Work with the mayor, city council, CDC and Port of San Diego to organize a Summit, bringing together those interested in furthering National City's growth interests and enhancing its image • Design and implement an effective media relations strategy that will culminate with day -of Summit coverage. • Highlight Port of San Diego's key role in this project through key messages, media materials and outreach efforts • Attract community partners to join a united front by demonstrating benefits and opportunities of such a coalition. Tactics Positioning & Messages The City will work with the Port of San Diego, the CDC and the mayor / council to create messages that speak to the Summit, the goals behind it, and the Port of San Diego's I crucial role in making it all possible. These messages will serve as the backbone of the public relations campaign and partner outreach efforts, and will be refined when appropriate. Community Partner List Development Strategic alliances and partnerships will be key, along with media relations, in changing public perception surrounding National City. The Public Information Officer, CDC, the Port of San Diego and the mayor / council will work to develop a list of potential community partners from the following categories. • Corporate (i.e. Mile of Cars BID, Wal-Mart, SDG&E) • Non-profit (i.e. Irvine Foundation, Chamber of Commerce) • Government Agencies (i.e. city council, Port Authority) • Media (i.e. News Organizations TV, Radio, Print) Media List Development We will build a customized media list for outreach surrounding the Summit. Targets will fall into the following broad (we have provided a small sampling) categories: • Summit Backgrounder • City Fact Sheet • Appropriate visuals (graphics, charts & head shots) • Marketing Solutions, Benefits and Opportunities to Partnership • Case studies • Applicable press materials News Bureau/Outreach It's important that we initiate momentum by drafting an initial press release for long lead media (i.e. San Diego Magazine, San Diego Metropolitan) and following up with a media alert for short lead media. The announcements will build excitement for the City, helping increase attendance and long-term participation. The press release and media alert will position the Port of San Diego as the key agency responsible for enhancing the Image of the City. Without a doubt, the core of any successful public relations campaign hinges on the agency's relationship with the media, and its ability to target the right publication with the ideal story. The city of National City recently hired a Public Information Officer / Dir. Of News Media Relations — Maria Arcega-Dunn. Ms. Dunn isa longtime Broadcast journalist who is also currently a part time News Reporter and TV News Anchor for FOX 6 News. She understands the importance of perceptions and enjoys great relationships with the Television, Radio and Print Media Organizations not only locally but internationally. She can present the right angle with any number of journalists from the media target list. Exhibit A Marketing Agreement By and between San Diego Unified Port District And City of National City — Community Development Commission CONSIDERATION: As called for in the Agreement by and between the SAN DIEGO UNIFIED PORT DISTRICT herein referred to as "District" and the CITY OF NATIONAL CITY — COMMUNITY DEVELOPMENT COMMISSION dated 2004. The City of National City, in exchange for monetary consideration, has agreed to provide the following marketing services. These services shall include but not be limited to: Marketing Service Television 30 Second Commercial "Rediscover National City" will have the Port seal at the end of the commercial including the include "Sponsored by the Port of San Diego". Television Interviews with various stations during all time blocks (both English and Spanish) talk about how the Port has been an integral part of the Image Enhancement of the City. Invitations to events and Public Verbal "thanks" and recognition of Port's Contributions for the Image enhancement of the City. Printed Advertisements including Recognition of the Port Sponsorship San Diego Union Tribune, Star News, La Prensa, Filipino Press — Ads — "Rediscover National City" Ads will feature " Sponsored by the Port of San Diego" including Port Seal. $2000 Flyers/Posters National City Community Services , City of National City, National City Chamber of Commerce, National City Library will have "Rediscover National City" Posters and Signage including "Sponsored by the Port of San Diego" including the PSD Seal. City Newsletter National City News Letter (Mailed to 16000 NC Households, and over Cost to Port $5,500 $2,000 $500 $500 1000 businesses) will feature a story recognizing the Port including the Seal for funds received which will help to enhance the Image of National City. Other Street Banners "Rediscover National City". National City Electronic Freeway Reader Boards : 3 Rediscover National City Readers sponsored by the Port of San Diego Bus Posters "Rediscover National City" featuring Port Seal Web Sites National City Website will feature the Port's Seal and a link to the Port's Website. TOTAL $1,000 $500 $10,000 DRIVER ALLIANT INSURANCE P.O. BOX 6450 N.O. BOX BEACH, CA 92658 (949) 756-0271 MEMORANDUM OF INSURANCE ISSUE DATE 01/05/05 AS A MATTER OF NO RIGHTS UPON THIS MEMORANDUM OR ALTER THE SERVICES, INC. 6450 THIS MEMORANDUM IS ISSUED INFORMATION ONLY AND CONFERS THE MEMORANDUM HOLDER. DOES NOT AMEND, EXTEND, COVERAGE SHOWN BELOW. * INSURED SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY AND MEMBER AGENCY OF: FINANCING AUTHORITY COVERAGE AFFORDED BY LETTER A: INDIVIDUAL CITY'S SELF -INSURED RETENTION CITY OF NATIONAL CITY NATIONAL CITY JOINT POWERS 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 LETTER B: "San Diego Pooled Insurance Program Authority, A Public Agency." * 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 DEVELOPMENT COMMISSION AI FISCAL YEAR 2004/2005 MARKETING / FEE FOR SERVICE SPONSORSHIP PROGRAM — COMMUNITY — REDISCOVER NATIONAL CITY AGREEMENT JULY 1, 2004 TO JUNE 30, 2005. ***THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID LOSSES MEMORANDUM HOLDER CANCELLATION CONTRACTS WILL HEREON OR LIABILITY EXCEPT BE CANCELLED BEFORE THE ENDEAVOR TO MAIL 30 DAYS' BUT FAILURE TO MAIL SUCH OF ANY KIND UPON THE 10 DAYS FOR NON-PAYMENT OF SD UNIFIED PORT DISTRICT AUDIT AND RISK MANAGEMENT PO BOX 120488 SAN DIEGO, CA 92112-0488} SHOULD ANY OF THE ABOVE DESCRIBED EXPIRATION DATE THEREOF, THE AUTHORITY WRITTEN NOTICE TO THE HOLDER NAMED NOTICE SHALL IMPOSE NO OBLIGATION AUTHORITY, OR ITS REPRESENTATIVES. PREMIUM. AUTHORIZED SIGNATURE G AJ PUnit\Sandpipa\Sd-Liability1Sd-Li ab-ce6_Sd-liab-pri.doc Endorsement Per Contract Effective 7/1/04 Contract Number SDC 0019 ADDITIONAL INSURED ENDORSEMENT In consideration of the payment of premium, it is agreed for claims occurring and reported after 7/1/98, that the following amendments / additions apply: 1. Section III — Persons and/or Entities Insured, is amended to include any person(s) or organization(s) when required in a written contract or agreement to provide coverage but only for Personal Injury or Property Damage liability which: a. is covered by this Memorandum of Insurance; and b. arises out of: 1. the normal course of the Named Insured's operations; or 2. ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Named Insured; or 3. work performed for that insured by the Named Insured; or 4. that Insured's financial control of the Named Insured; or 5. the maintenance, operation or Use by the Named Insured of any equipment or Automobile leased to you by such person(s) or Organization(s). 2. The limits of coverage afforded to such person(s) or organization(s) will be: a. the minimum limits of coverage which the Named Insured agreed to provide; or b. the limits of coverage of this Memorandum of Insurance, whichever is less. 3. Coverage provided under this Endorsement expires: a. when the written contract or agreement ceases; or b. when the Named Insured ceases to be a tenant in the premises. Attached to and forming part of Contract number SDC 0019 of the San Diego Pooled Insurance Program Authority Memorandum of Insurance. Dated at: Newport Beach this 5 day of January , 2005. By: Authorized Representative GUPUNII \SANDPIPA\SD-LIABILITYISD-LIAB-CER\_SD-POOL-AI-END.DOC