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: •
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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