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HomeMy WebLinkAbout2007 CON Unified Port District - Police Fire Med ServicesAGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT and CITY OF NATIONAL CITY for POLICE, FIRE AND EMERGENCY MEDICAL SERVICES AGREEMENT NO. 27-2007 San Diego Unified Port District Document No. 51981 Filed KAY 15 Office of the District Clerk The parties to this agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, herein called "District" and the CITY OF NATIONAL CITY; a municipal corporation, herein called "City." RECITALS: WHEREAS, the San Diego Unified Port District Act allows the District to contract with the Municipalities whose territorial limits are adjacent to or contiguous to those of the District for police, fire and other services, and; WHEREAS, the District and the City desire to execute an agreement for police, fire and emergency medical services on non -ad valorem tideland trust property located in the City, and; WHEREAS, the City has the capacity to provide police, fire and emergency medical services to said District property; NOW, THEREFORE, it is mutually understood and agreed by and between the parties as follows: 1. SCOPE OF SERVICES A. This agreement covers reimbursement of the cost of police, fire and emergency medical (EMS) services to be provided by the City upon the District's tidelands and property within the City's limits, which do not generate ad valorem tax revenues, as depicted in Exhibit A, Non Tax Paying Tidelands in the City of National City, incorporated by reference as Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 1 of 12 though fully set forth herein. Those properties include, but are not limited to, non -dedicated streets, parks and other open space, unleased developed properties, leased properties wherein the lessee is not subject to ad valorem taxes (with the exception of properties leased to the City), and unleased vacant land. Nothing herein contained shall give the City the right to use or occupy any District real or personal property, or to otherwise use the services of the District or its employees. City shall provide police, fire and emergency medical services as contained in the Statement of Reimbursable Expenses of this agreement, attached hereto as Exhibit B and incorporated by reference as though fully set forth herein. Only expenditures authorized herein shall be eligible for reimbursement, unless approved in writing by the District. A.1. For Police Services, the City shall provide services to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax - generating property. District and City shall, to the extent practicable, meet and confer as needed to discuss deployment of resources cooperatively in an effort to avoid duplication of services. A.2. For Fire and Emergency Medical Services, the City shall provide, to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax -generating property, responses to all calls for fire suppression services by the fire department; and responses to all calls for emergency medical services, to such extent as the county, state, or federal government requires the City to provide. B. The activities and services authorized for reimbursement shall only be those which have occurred, and been rendered on or after July 1, 2006, Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 2 of 12 and which are in furtherance of the San Diego Bay tideland trust for the accommodation of commerce, navigation, fisheries, and recreation on said trust tidelands for the benefit of all of the people of the State of Califomia. 2. TERM OF AGREEMENT: This Agreement covers services rendered for fiscal years July 1, 2006 through June 30, 2009. If both parties desire to renew the Agreement and the cost of services for the new Agreement is not finalized before the current Agreement expires, the current Agreement may be extended by amendment for up to one year at an annual compensation equal to the most recent year's cost of services. After negotiations are completed, contract amount will be adjusted based on final negotiated cost retroactive to July 1, 2009 or as otherwise agreed. 3. COMPENSATION: A. In consideration of the foregoing performances by the City, the District shall pay the City an amount not to exceed $640,666 for Fiscal Year 2007, $672,699 for Fiscal Year 2008, and $706,334 for Fiscal Year 2009, for a total amount under this Agreement not to exceed $2,019,699. A summary of the not to exceed amounts by fiscal year and service provided is shown in figure 1, below: Service FY 06-07 i FY 07-08 FY 08-09 Total FY 06-09 Police Services Fire and Emergency Medical Services 476,261 500,074 525,078 $1,501,413 164,405 ! 172,625 181,256 518,286 TOTAL, All Services $640,666 $672,699 $706,334 $2,019,699 figure 1 — Summary of Expenses Applicable reimbursable expenses are listed in Exhibit B, Statement of Reimbursable Expenses. Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 3 of 12 The estimate in consideration for fiscal year 07/08 and 08/09 is recognized as the approximate cost of police, fire and emergency medical services with the City. If during the contract period the City's negotiated costs for police services or fire department salaries and benefits change, City shall give District written notice and furnish documentation satisfactory to District to substantiate the changes. Such changes shall be recognized as a basis for increasing or decreasing the remaining consideration due after such changes are approved by the City, and shall be reflected in the next quarterly payment to the City. Payments shall be made upon written request to the District and may be submitted on a quarterly basis. District agrees to reimburse the City within thirty days of receipt of a properly prepared request for reimbursement. Reimbursement charges shall be in accordance with the applicable Statement of Reimbursable Expenses. B. Said expenditure shall include without limitation all sums, charges, reimbursements, costs and expenses provided for herein. City shall not be required to perform further services after compensation has been expended. In the event that the City anticipates the need for services in excess of the their compensation, the District shall be notified in writing immediately. District must approve an amendment to this Agreement before additional fees and costs are incurred. 4. RECORDS: In accordance with generally accepted accounting principles, City shall maintain full and complete documentation of the cost of services performed under this Agreement. Such documentation, if reasonably available, may include, but is not limited to, time cards, contracts, receipts, original invoices, canceled checks, payroll documentation, calls for service records, dispatch records, police and fire budget data, other budget data used to calculate citywide overhead factors, the City's police staffing model, and other periodic Togs Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 4 of 12 maintained by police and fire staff. Such records shall be open to inspection of District at all reasonable times in the City of National City and such records shall be kept for at least three (3) years after the termination of this Agreement. Such records shall be maintained by City for a period of three (3) 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. City 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 City or anyone else associated with the work has prepared or which relate to the work which City is performing for District pursuant to this Agreement regardless of whether such records have previously been provided to District. City shall provide District at City's expense a copy of all such records within ten (10) working days of a written request by District. District's right shall also include inspection at reasonable times at the City's office or facilities, which are engaged in the performance of services pursuant to this Agreement. City shall, at no cost to District furnish reasonable facilities and assistance for such review and audit. City's failure to provide the records within the time requested shall preclude City from receiving any compensation due under this Agreement until such documents are provided. 5. COMPLIANCE: In performance of this Agreement, City shall comply with the California Fair Employment and Housing Act, the American with Disabilities Act, and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of age, ancestry, color, creed, denial of family and medical care leave, disability, marital status, medical condition, national origin, race, religion, sex, or sexual orientation. City shall comply with the prevailing wage provisions of the Labor Code, and the Political Reform Act provisions of the Government Code, as applicable. City Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 5 of 12 shall comply with all applicable federal, state and local law, as well as any applicable District codes and policies in effect now or as may be adopted. 6. INDEPENDENT ANALYSIS: City shall provide the services required by this Agreement, independent of the control and direction of District, other than normal contract monitoring provided, however, City shall possess no authority with respect to any District decision beyond rendition of such information, advice, or recommendations. 7. ASSIGNMENT: City shall not assign this agreement or any right or interest hereunder without express prior written consent of District, nor shall District assign this agreement or any right or interest hereunder without express prior written consent of City. 8. MUTUAL INDEMNIFICATION A. City agrees to defend, indemnify and hold the District harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the District, and shall defend, indemnify and hold harmless the District, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the City or any of its officers, agents or employees, unless otherwise agreed to in writing by City and District. B. District agrees to defend, indemnify and hold the City harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the City, and shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 6 of 12 proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors, or omissions of the District or any of its officers, agents or employees, unless otherwise agreed to in writing by District and City. 9. INSURANCE REQUIREMENTS: City and District shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance or evidence of a self -insured program: A. Commercial General Liability (including, without limitation, Contractual Liability, Personal and Advertising Injury, and Products/ Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001 with limits no less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. 1) The Commercial General Liability policy shall be endorsed to include the other party, it' s agents, officers, and employees as additional insured. 2) The coverage provided to the other party, as an additional insured, shall be primary. B. Commercial Automobile Liability (Owned, Scheduled, Non -Owned, or Hired Automobiles written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than two million dollars ($2,000,000) per accident for bodily injury and property damage. C. Worker's Compensation in statutory required limits and Employer's Liability in an amount of not Tess than one million dollars ($1,000,000) per Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 7 of 12 accident for bodily injury or disease. This policy shall be endorsed to include a waiver of subrogation endorsement. Certificates of insurance for all the policies described above upon execution of this Agreement and upon renewal of any of these policies shall be provided by City and District to the other party. Except in the event of cancellation for non- payment of premium, in which case notice shall be 10 days, all such certificates shall indicate that the insurer must notify District in writing at least 30 days in advance of any change in, or cancellation of, coverage. Service Provider shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance. Each party reserves the right to request certified copies of any required insurance policies with reasonable notice. A sample certificate of insurance is shown in Exhibit C, incorporated by reference as though fully set forth herein. 10. INDEPENDENT CONTRACTOR: City and any agent or employee of City shall act in an independent capacity and not as officers or employees of District. The District assumes no responsibility for taxes, bonds, payments or other commitments, implied or explicit by or for the City. City shall not have authority to act as an agent on behalf of the District unless specifically authorized to do so in writing. City 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. City disclaims the right to any fee or benefits except as expressly provided for in this Agreement. 11. 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 Agreement No.: 27-2007 Party to Agreement City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 8 of 12 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 Califomia. 12. 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. 13. 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. 14. TERMINATION: In addition to any other rights and remedies allowed by law, either party may terminate this agreement at the end of a service year with or without cause by giving at least six (6) months written notice prior to the start of the next year of service to the other parties of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials at the option of District shall be delivered by City to the Don L. Nay Port Administration Building (located at 3165 Pacific Highway, San Diego, California 92101). Termination of this Agreement by Executive Director (President/CEO) as provided in this paragraph shall release District from any further fee hereunder by Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 9 of 12 City other than the fee eamed 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. 15. 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, Califomia, 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, subcontractor and all parties bound by this arbitration provision agree to join in and become parties to the arbitration proceeding. 16. 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 City, made an exhaustive inspection to check the quality or quantity of the services performed by the City, made an examination to ascertain how or for what Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 10 of 12 purpose the City has used money previously paid on account by the District, or constitute a waiver of claims against the City by the District. 17. CAPTIONS: The captions by which the paragraphs of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. 18. SIGNATURE: It is an express condition of this Agreement that said Agreement shall not be complete nor effective until signed by the Executive Director (President/CEO) or Authorized Designee on behalf of the District and by the City Mayor or Authorized Designee of the City. 18.1 City shall submit all correspondence regarding this Agreement to the following District representative: Jeffrey B. McEntee, CFO/Treasurer Executive Offices San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 (619) 686-6423 (619) 686-6547 fax Email: jmcentee©portofsandiego.org 18.2 District shall submit all correspondence regarding this Agreement to the following City representative: Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 11 of 12 18.3 Written notification to the other party shall be provided, in advance, of changes in the name or address of the designated representative. SAN DIEGO UNIFIED PORT DISTRICT CITY -OF NATIONAL CITY Jeffrey far McEntee CFO/Treasurer PORT ATTORNEY =, e, Ellen Corey Born Assistant Port Attomey me Ron Morrison Title Mayor Attest: Citylerk Approved as to Form: City Attorney George H. Eiser, III Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 12 of 12 EXHIBIT A Non Tax Paying Tidelands in the City of National City • Agreement No.: 27-2007; Exhibit A Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 1 of 1 EXHIBIT B STATEMENT OF REIMBURSABLE EXPENSES City of National City POLICE SERVICES Calls for Service (hours) Preventative Patrol: 1.5 hrs/patrol shift * 3 shifts* 365 days Total Police Hours Available Officer Hours Number of officers required (Total Police Hours/Available Officer Hours) Total Police Services 230 1643 1873 1471 1.27 FY 2007 FY 2008 FY 2009 476,261 500,074 525,078 FIRE AND MEDICAL SERVICES Allocated portion to non -tax paying tidelands (7%) Total Fire and EMS 164,405 172,625 181,256 TOTAL POLICE, FIRE AND EMERGENCY MEDICAL $ 640,666 $ 672,699 $ 706,334 Agreement No.: 27-2007; Exhibit B Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 1 of 1 EXHIBIT C CERTIFICATE OF INSURANCE San Diego Unified Port District By signing this form, the authorized agent or broker certifies the following: (1) The Policy or Policies described below have been issued by the noted Insurer(s) [Insurance Company(ies)] to the Insured and is (are) in force at this time. (2) As required in the Insured's Agreement(s) with the District, the policies include, or have been endorsed to include, the coverages or conditions of coverage noted on page 2 of this certificate. (3) Signed copies of all endorsements issued to effect require coverages or conditions of coverage are attached to this certificate. Retum this form to: San Diego Unified Port District Attn: LindaIkstrom, Audit, Risk Management & Safety P. O. Box 120488, San Diego, CA 92112-0488 FAX: 866-875-1993 Name and Address of Insured (Contractor or Vendor) SDUPD Agreement This certificate applies to connection with all Agreements Number all operations of named insureds property in between the District and Insured. CO LTR TYPE OF INSURANCE POLICY NO. DATES LIMITS Commercial General Liability Commencement Date: Expiration Date: Each Occurrence: $ Occurrence Form Claims -made Form Retro Date General Aggregate: $ Liquor Liability Deductible/SIR: $ Commercial Automobile Liability ❑ All Autos ❑ Owned Autos 0 Non -Owned & Hired Autos Commencement Date: Expiration Date: Each Occurrence: $ Workers Compensation —Statutory Employer's Liability Commencement Date: Expiration Date: E.L. Each Accident $ E.L. Disease Each Employee $ E.L. Disease Policy Limit $ Professional Liability 0 Claims Made Retro-Active Date Commencement Date: Expiration Date: Each Claim $ Excess/Umbrella Liability Commencement Date: Expiration Date: Each Occurrence: $ General Aggregate:$_ CO LTR COMPANIES AFFORDING COVERAGE BEST'S RATING A B C D A. M. Best Financial Ratings of Insurance Companies Affording Coverage Must be A- VII or Better unless Approved in Writing by the District. Name and Address of Authorized Agent(s) or Broker(s) E-Mail Address: Phone: Fax Number: Signature of Authorized Agent(s) or Broker(s) Date: Agreement No.: 27-2007; Exhibit C Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 1 of 2 SAN DIEGO UNIFIED PORT DISTRICT REQUIRED INSURANCE ENDORSEMENT ENDORSEMENT NO. EFFECTIVE DATE POLICY NO. NAMED INSURED: GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES): All written Agreements, contracts and leases with the San Diego Unified Port District and/or any and all activities or work performed on district premises All written Agreements, contracts, and leases with the San Diego Unified Port District and/or any and all activities or work performed on District owned premises. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it Is agreed as follows: 1. The San Diego Unified Port District, its officers, agents, and employees are additional insureds in relation to those operations, uses, occupations, acts, and activities described generally above, including activities of the named insured, its officers, agents, employees or invitees, or activities performed on behalf of the named insured. 2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance or self -insured retention carried by the San Diego Unified Port District will be called upon to contribute to a loss covered by insurance for the named insured. 3. The policy(ies) listed on this endorsement will apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 4. As respects the policy(ies) listed on this endorsement, with the exception of cancellation due to nonpayment of premium, thirty (30) days written notice by certified mail, return receipt requested, will be given to the San Diego Unified Port District prior to the effective date of cancellation, change in coverage, reduction of limits or non -renewal. In the event of cancellation due to nonpayment of premium, ten (10) days written notice shall be given. Except as stated above, and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, Agreements or exclusions of the policy(ies) to which this endorsement applies. (NAME OF INSURANCE COMPANY) (SIGNATURE OF INSURANCE COMPANY AUTHORIZED REPRESENTATIVE) MAIL THIS ENDORSEMENT AND NOTICES OF CANCELLATION, LIMIT REDUCTIONS, AND CHANGES IN COVERAGE TO: Return this form to: San Diego Unified Port District Attn: Linda Wilkstrom, Audit, Risk Management & Safety P. O. Box 120488, San Diego, CA 92112-0488 FAX: 866-875-1993 Agreement No.: 27-2007; Exhibit C Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 2 of 2 ricoto_N- -17) C-Lk Unified Port of San Diego May 18, 2007 LETTER OF TRANSMITTAL Leslie Deese, Assistant City Manager City of National City 1243 National City Boulevard National City, CA 91950 Subject: AGREEMENT No. 27-2007: Police, Fire and Emergency Medical Services WE ARE TRANSMITTING VIA EXPRESS DELIVERY: 3;65 Pdcific Highway, San Diegu, CA 92101 PO Box 120488, San Diego, CA 92".12-0488 619.686.6200 WWW. oortotsar diegn org RECEIVED MAY 2 1 2007 [X] Municipal Services Agreement District -executed copy District Document No. 51981 [X] For Your Records COMMENTS: Please cite Agreement No. 27-2007 in correspondence and invoices relating to this Agreement. Thank you, Mark Adams Procurement Services Department San Diego Unified Port District - RESOLUTION NO. 2007 — 73 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 POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES WHEREAS, the San Diego Unified Port District ("the District') desires to contract for the provision of police, fire, and emergency medical services to the non -ad valorem taxpaying properties located on the City's tidelands; and WHEREAS, the City has the capacity to provide police, fire, and emergency medical services to said District properties; and WHEREAS, the District has an obligation to adhere to a principle of reimbursement for services actually performed on tideland trust property, wherein the cost bears a direct relationship to the services provided, the reimbursement is substantiated by an auditable record, and for which the reimbursement is reasonable and falls with the trust purposes of the District; and WHEREAS, the District may authorize the disbursement of money for specified and approved categories of reimbursement to a City providing such services based upon a submittal of records kept in the normal course of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of National City that the Mayor is hereby authorized to execute an Agreement with the San Diego Unified Port District for police, fire, and emergency medical services. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 17th day of Apri on Morrison, Mayor ATTEST: fc ael Mi R. Dalla , City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney Passed and adopted by the Council of the City of National City, Califomia, on April 17, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California rk of ie National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-73 of the City of National City, Califomia, passed and adopted by the Council of said City on April 17, 2007. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATES April 17, 2007 AGENDA ITEM NO. 12 ITEM TITLE Resolution Authorizing the Mayor to Execute an Agreement with the San Diego Unified Port District for Police, Fire and Emergency Medical Services PREPARED BY Chris Zapata 619/336-4240,' DEPARTMENT City Manager EXPLANATION Please see attached Staff Report Environmental Review ✓ N/A Financial Statement See attached Account No. STAFF RECOMMENDATION Approve the Agreement BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. a O o R 3 1. Contract with San Diego Unified Port District 2. Resolution A-200 (9/80) ITEM #12 BACK UP INFORMATION WILL BE FORTHCOMING FROM THE PORT OF SAN DIEGO AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT and CITY OF NATIONAL CITY for POLICE, FIRE AND EMERGENCY MEDICAL SERVICES AGREEMENT N0.27-2007 The parties to this agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, herein called "District" and the CITY OF NATIONAL CITY; a municipal corporation, herein called "City." RECITALS: WHEREAS, the San Diego Unified Port District Act allows the District to contract with the Municipalities whose territorial limits are adjacent to or contiguous to those of the District for police, fire and other services, and; WHEREAS, the District and the City desire to execute an agreement for police, fire and emergency medical services on non -ad valorem tideland trust property located in the City, and; WHEREAS, the City has the capacity to provide police, fire and emergency medical services to said District property; NOW, THEREFORE, it is mutually understood and agreed by and between the parties as follows: 1. SCOPE OF SERVICES A. This agreement covers reimbursement of the cost of police, fire and emergency medical (EMS) services to be provided by the City upon the District's tidelands and property within the City's limits, which do not generate ad valorem tax revenues, as depicted in Exhibit A, Non Tax Paying Tidelands in the City of National City, incorporated by reference as Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 1 of 12 though fully set forth herein. Those properties include, but are not limited to, non -dedicated streets, parks and other open space, unleased developed properties, leased properties wherein the lessee is not subject to ad valorem taxes (with the exception of properties leased to the City), and unleased vacant land. Nothing herein contained shall give the City the right to use or occupy any District real or personal property, or to otherwise use the services of the District or its employees. City shall provide police, fire and emergency medical services as contained in the Statement of Reimbursable Expenses of this agreement, attached hereto as Exhibit B and incorporated by reference as though fully set forth herein. Only expenditures authorized herein shall be eligible for reimbursement, unless approved in writing by the District. A.1. For Police Services, the City shall provide services to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax - generating property. District and City shall, to the extent practicable, meet and confer as needed to discuss deployment of resources cooperatively in an effort to avoid duplication of services. A.2. For Fire and Emergency Medical Services, the City shall provide, to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax -generating property, responses to all calls for fire suppression services by the fire department; and responses to all calls for emergency medical services, to such extent as the county, state, or federal govemment requires the City to provide. B. The activities and services authorized for reimbursement shall only be those which have occurred, and been rendered on or after July 1, 2006, Agreement No.: 27-2007 Party to Agreement City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 2 of 12 and which are in furtherance of the San Diego Bay tideland trust for the accommodation of commerce, navigation, fisheries, and recreation on said trust tidelands for the benefit of all of the people of the State of California. 2. TERM OF AGREEMENT: This Agreement covers services rendered for fiscal years July 1, 2006 through June 30, 2009. If both parties desire to renew the Agreement and the cost of services for the new Agreement is not finalized before the current Agreement expires, the current Agreement may be extended by amendment for up to one year at an annual compensation equal to the most recent year's cost of services. After negotiations are completed, contract amount will be adjusted based on final negotiated cost retroactive to July 1, 2009 or as otherwise agreed. 3. COMPENSATION: A. In consideration of the foregoing performances by the City, the District shall pay the City an amount not to exceed $640,666 for Fiscal Year 2007, $672,699 for Fiscal Year 2008, and $706,334 for Fiscal Year 2009, for a total amount under this Agreement not to exceed $2,019,699. A summary of the not to exceed amounts by fiscal year and service provided is shown in figure 1, below: Service FY 06-07 FY 07-08 FY 08-09 Total FY 06-09 Police Services 476,261 500,074 525,078 $1,501,413 Fire and Emergency Medical Services 164,405 172,625 181,256 518,286 TOTAL, All Services $640,666 $672,699 $706,334 $2,019,699 figure 1 — Summary of Expenses Applicable reimbursable expenses are listed in Exhibit B, Statement of Reimbursable Expenses. Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 3 of 12 The estimate in consideration for fiscal year 07/08 and 08/09 is recognized as the approximate cost of police, fire and emergency medical services with the City. If during the contract period the City's negotiated costs for police services or fire department salaries and benefits change, City shall give District written notice and furnish documentation satisfactory to District to substantiate the changes. Such changes shall be recognized as a basis for increasing or decreasing the remaining consideration due after such changes are approved by the City, and shall be reflected in the next quarterly payment to the City. Payments shall be made upon written request to the District and may be submitted on a quarterly basis. District agrees to reimburse the City within thirty days of receipt of a properly prepared request for reimbursement. Reimbursement charges shall be in accordance with the applicable Statement of Reimbursable Expenses. B. Said expenditure shall include without limitation all sums, charges, reimbursements, costs and expenses provided for herein. City shall not be required to perform further services after compensation has been expended. In the event that the City anticipates the need for services in excess of the their compensation, the District shall be notified in writing immediately. District must approve an amendment to this Agreement before additional fees and costs are incurred. 4. RECORDS: In accordance with generally accepted accounting principles, City shall maintain full and complete documentation of the cost of services performed under this Agreement. Such documentation, if reasonably available, may include, but is not limited to, time cards, contracts, receipts, original invoices, canceled checks, payroll documentation, calls for service records, dispatch records, police and fire budget data, other budget data used to calculate citywide overhead factors, the City's police staffing model, and other periodic logs Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 4 of 12 maintained by police and fire staff. Such records shall be open to inspection of District at all reasonable times in the City of National City and such records shall be kept for at least three (3) years after the termination of this Agreement. Such records shall be maintained by City for a period of three (3) 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. City 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 City or anyone else associated with the work has prepared or which relate to the work which City is performing for District pursuant to this Agreement regardless of whether such records have previously been provided to District. City shall provide District at City's expense a copy of all such records within ten (10) working days of a written request by District. District's right shall also include inspection at reasonable times at the City's office or facilities, which are engaged in the performance of services pursuant to this Agreement. City shall, at no cost to District furnish reasonable facilities and assistance for such review and audit. City's failure to provide the records within the time requested shall preclude City from receiving any compensation due under this Agreement until such documents are provided. 5. COMPLIANCE: In performance of this Agreement, City shall comply with the California Fair Employment and Housing Act, the American with Disabilities Act, and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of age, ancestry, color, creed, denial of family and medical care leave, disability, marital status, medical condition, national origin, race, religion, sex, or sexual orientation. City shall comply with the prevailing wage provisions of the Labor Code, and the Political Reform Act provisions of the Government Code, as applicable. City Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 5 of 12 shall comply with all applicable federal, state and local law, as well as any applicable District codes and policies in effect now or as may be adopted. 6. INDEPENDENT ANALYSIS: City shall provide the services required by this Agreement, independent of the control and direction of District, other than normal contract monitoring provided, however, City shall possess no authority with respect to any District decision beyond rendition of such information, advice, or recommendations. 7. ASSIGNMENT: City shall not assign this agreement or any right or interest hereunder without express prior written consent of District, nor shall District assign this agreement or any right or interest hereunder without express prior written consent of City. 8. MUTUAL INDEMNIFICATION A. City agrees to defend, indemnify and hold the District harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the District, and shall defend, indemnify and hold harmless the District, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the City or any of its officers, agents or employees, unless otherwise agreed to in writing by City and District. B. District agrees to defend, indemnify and hold the City harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the City, and shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 6 of 12 proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors, or omissions of the District or any of its officers, agents or employees, unless otherwise agreed to in writing by District and City. 9. INSURANCE REQUIREMENTS: City and District shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance or evidence of a self -insured program: A. Commercial General Liability (including, without limitation, Contractual Liability, Personal and Advertising Injury, and Products/ Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001 with limits no less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. 1) The Commercial General Liability policy shall be endorsed to include the other party, its agents, officers, and employees as additional insured. 2) The coverage provided to the other party, as an additional insured, shall be primary. B. Commercial Automobile Liability (Owned, Scheduled, Non -Owned, or Hired Automobiles written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than two million dollars ($2,000,000) per accident for bodily injury and property damage. C. Worker's Compensation in statutory required limits and Employer's Liability in an amount of not less than one million dollars ($1,000,000) per Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 7 of 12 accident for bodily injury or disease. This policy shall be endorsed to include a waiver of subrogation endorsement. Certificates of insurance for all the policies described above upon execution of this Agreement and upon renewal of any of these policies shall be provided by City and District to the other party. Except in the event of cancellation for non- payment of premium, in which case notice shall be 10 days, all such certificates shall indicate that the insurer must notify District in writing at least 30 days in advance of any change in, or cancellation of, coverage. Service Provider shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance. Each party reserves the right to request certified copies of any required insurance policies with reasonable notice. A sample certificate of insurance is shown in Exhibit C, incorporated by reference as though fully set forth herein. 10. INDEPENDENT CONTRACTOR: City and any agent or employee of City shall act in an independent capacity and not as officers or employees of District. The District assumes no responsibility for taxes, bonds, payments or other commitments, implied or explicit by or for the City. City shall not have authority to act as an agent on behalf of the District unless specifically authorized to do so in writing. City 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. City disclaims the right to any fee or benefits except as expressly provided for in this Agreement. 11. 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 Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 8 of 12 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. 12. 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. 13. 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 h ereto. 14. TERMINATION: In addition to any other rights and remedies allowed by law, either party may terminate this agreement at the end of a service year with or without cause by giving at least six (6) months written notice prior to the start of the next year of service to the other parties of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials at the option of District shall be delivered by City to the Don L. Nay Port Administration Building (located at 3165 Pacific Highway, San Diego, California 92101). Termination of this Agreement by Executive Director (President/CEO) as provided in this paragraph shall release District from any further fee hereunder by Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 9 of 12 City other than the fee eamed 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. 15. 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, subcontractor and all parties bound by this arbitration provision agree to join in and become parties to the arbitration proceeding. 16. 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 City, made an exhaustive inspection to check the quality or quantity of the services performed by the City, made an examination to ascertain how or for what Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 10 of 1 2 purpose the City has used money previously paid on account by the District, or constitute a waiver of claims against the City by the District. 17. CAPTIONS: The captions by which the paragraphs of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. 18. SIGNATURE: It is an express condition of this Agreement that said Agreement shall not be complete nor effective until signed by the Executive Director (President/CEO) or Authorized Designee on behalf of the District and by the City Mayor or Authorized Designee of the City. 18.1 City shall submit all correspondence regarding this Agreement to the following District representative: Jeffrey B. McEntee, CFO/Treasurer Executive Offices San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 (619) 686-6423 (619) 686-6547 fax Email: jmcentee@portofsandiego.org 18.2 District shall submit all correspondence regarding this Agreement to the following City representative: Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 11 of 12 18.3 Written notification to the other party shall be provided, in advance, of changes in the name or address of the designated representative. SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY Jeffrey B. McEntee CFO/Treasurer PORT ATTORNEY Name Title Attest: City Clerk Approved as to Form: City Attorney Agreement No.: 27-2007 Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 12 of 1 2 EXHIBIT A Non Tax Paying Tidelands in the City of National City Agreement No. 27-2007; Exhibit A Party to Agreement: City of National City Board Date: May 8. 2007 Requesting Department: Harbor Police Page 1 of 1 • st ••••3 .,' 4\ '1. \ \ \ \ \ \ 1 \ 1 \ SAN DIEGO t BAY \ \ i \ k NATIONAL CITY BAY FRONT , - . • 4:, ' . 154 ,....,,,,, „per y ,, , + •,-,,, AlP. \ 6‘"'•4, -4,"--",. , . -...„ 1,,,,,,.., \ ., .,-e _,. .q.- , • ,,,,.._ , _ ,' - : .A. .:', ,,`.-....; '..„ ,-. t . •,..;,,,,,,„ . _ \ v, • - i \\ 4 +3 1., l% • 4 , ..,,- ,..,41- , • r- , t- t . . ..), . .. . „,..., . \ t,.- ..7..z-vt 1 . ,-,,..A r,,- - -... ' •-:7, .' -'•-•', ..,,;.` `' r-, 4, ik t.„.., ..- • ,,., - . , ... 0 0046s' - tist.' .t , • - Iti .1 4. • ' - t .,, ' t .:.k` 1 ',...tt • ,, 44, 01.4', .. ,•;,,.. • . A .‘'. _,,,o, 4:,, ICF ,• . '' ,0.1,• . • ''' '''''' • '''r's • .1k,' k I • ,. , . „,i '•' oiov.i. ' •. t ..04—' i ,,s, 0 .• , -.,_ - 'G .00 .c. ,.i., „... ittler-... t,,,.-.,4“'At . \-.., - • ,,,,, ...r 4 • 4:00*.: . V I ' 0 , ,...• c 4 ^' :.T.' \ 76 13 • -• 0 •• r .• t 'I 4•1'`'' - ' t ". i 1 '... CI ‘ l, ••• • a 00 1, • • 13()C1 Feel 0 7 X 0 5 —1 0 co 110, a I 03 5 c2 0 0 0 EXHIBIT B STATEMENT OF REIMBURSABLE EXPENSES City of National City POLICE SERVICES Calls for Service (hours) Preventative Patrol: 1.5 hrs/patrol shift * 3 shifts * 365 days Total Police Hours Available Officer Hours Number of officers required (Total Police Hours/Available Officer Hours) Total Police Services 230 1643 1873 1471 1.27 FY 2007 FY 2008 FY 2009 476,261 500,074 525,078 FIRE AND MEDICAL SERVICES Allocated portion to non -tax paying tidelands (7%) Total Fire and EMS 164,405 172,625 181,256 TOTAL POLICE, FIRE AND EMERGENCY MEDICAL $ 640,666 $ 672,699 $ 706,334 Agreement No.: 27-2007: Exhibit B Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 1 of 1 EXHIBIT B STATEMENT OF REIMBURSABLE EXPENSES City of National City POLICE SERVICES Calls for Service (hours) Preventative Patrol: 1.5 hrs/patrol shift " 3 shifts * 365 days Total Police Hours Available Officer Hours Number of officers required (Total Police Hours/Available Officer Hours) Total Police Services 230 11:01117MMENINII 1643 1873 1471 1.27 FY 2007 FY 2008 FY 2009 476,261 500,074 525,078 FIRE AND MEDICAL SERVICES Allocated portion to non -tax paying tidelands (7%) Total Fire and EMS 164,405 172,625 181,256 TOTAL POLICE, FIRE AND EMERGENCY MEDICAL $ 640,666 $ 672,699 $ 706,334 Agreement No.: 27-2007; Exhibit B Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police /y Page 1 of 1 EXHIBIT C CERTIFICATE OF INSURANCE San Diego Unified Port District By signing this form, the authorized agent or broker certifies the following: (1) The Policy or Policies described below have been issued by the noted insurer(s) [Insurance Company(ies)] to the Insured and is (are) in force at this time. (2) As required in the Insured's Agreement(s) with the District, the policies include, or have been endorsed to include, the coverages or conditions of coverage noted on page 2 of this certificate. (3) Signed copies of all endorsements issued to effect require coverages or conditions of coverage are attached to this certificate. Return this form to: San Diego Unified Port District Attn: Linda Wilkstrom, Audit, Risk Management & Safety P. O. Box 120488, San Diego, CA 92112-0488 FAX: 866-875-1993 Name and Address of Insured (Contractor or Vendor) SDUPD Agreement This certificate applies to connection with all Agreements Number all operations of named insureds property in between the District and Insured. CO LTR TYPE OF INSURANCE POLICY NO. DATES LIMITS Commercial General Liability Commencement Date: Expiration Date: Each Occurrence: S Occurrence Form Claims -made Form Retro Date General Aggregate: $ Liquor Liability Deductible/SIR: $ Commercial Automobile Liability ❑ All Autos 0 Owned Autos ❑ Non -Owned & Hired Autos Commencement Date: Expiration Date: Each Occurrence: $ Workers Compensation — Statutory Employer's Liability Commencement Date: Expiration Date: E.L. Each Accident $ E.L. Disease Each Employee $ E.L. Disease Policy Limit $ Professional Liability 0 Claims Made Retro-Active Date Commencement Date: Expiration Date: Each Claim $ Excess/Umbrella Liability Commencement Date: Expiration Date: Each Occurrence: $ General Aggregate:$ CO LTR COMPANIES AFFORDING COVERAGE BESTS RATING A B c D A. M. Best Financial Ratings of Insurance Companies Affording Coverage Must be A- VII or Better unless Approved in Writing by the District. Name and Address of Authorized Agent(s) or Broker(s) E-Mall Address: Phone: Fax Number: Signature of Authorized Agent(s) or Broker(s) Date: Agreement No.: 27-2007; Exhibit C Party to Agreement: City of National City Board Date: May 8. 2007 Requesting Department: Harbor Police Page 1 of 2 SAN DIEGO UNIFIED PORT DISTRICT REQUIRED INSURANCE ENDORSEMENT ENDORSEMENT NO. EFFECTIVE DATE POLICY NO NAMED INSURED: GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES): All written Agreements, contracts and leases with the San Diego Unified Port District and/or any and all activities or work performed on district premises All written Agreements, contracts, and leases with the San Diego Unified Port District and/or any and all activities or work performed on District owned premises. Notwithstanding any Inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The San Diego Unified Port District, its officers, agents,.. and employees are additional insureds in relation to those operations, uses, occupations, acts, and activities described generally above, including activities of the named insured, its officers, agents, employees or invitees, or activities performed on behalf of the named insured. 2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance or self -insured retention carried by the San Diego Unified Port District will be called upon to contribute to a loss covered by insurance for the named insured. 3. The policy(ies) listed on this endorsement will apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 4. As respects the policy(ies) listed on this endorsement, with the exception of cancellation due to nonpayment of premium, thirty (30) days written notice by certified mail, return receipt requested, will be given to the San Diego Unified Port District prior to the effective date of cancellation, change in coverage, reduction of limits or non -renewal. In the event of cancellation due to nonpayment of premium, ten (10) days written notice shall be given. Except as stated above, and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, Agreements or exclusions of the policy(ies) to which this endorsement applies. (NAME OF INSURANCE COMPANY) (SIGNATURE OF INSURANCE COMPANY AUTHORIZED REPRESENTATIVE) MAIL THIS ENDORSEMENT AND NOTICES OF CANCELLATION, LIMIT REDUCTIONS, AND CHANGES IN COVERAGE TO: Return this form to: San Diego Unified Port District Attn: Linda Wilkstrom, Audit, Risk Management & Safety P. O. Box 120488, San Diego, CA 92112-0488 FAX: 866-875-1993 Agreement No : 27-2007; Exhibit C Party to Agreement: City of National City Board Date: May 8, 2007 Requesting Department: Harbor Police Page 2 of 2 STAFF REPORT The purpose of this report is to recommend that the City Council approve a new contract with the San Diego Unified Port District to provide public safety services to National City's tidelands property. Each member city, including National City, contracts with the Port District for such services. Our most recent contract expired June 30, 2006, and has been extended by amendments to June 30, 2007 to permit a new contract to be negotiated. Under the new contract, the City would provide police, fire and emergency medical services to the City's tidelands for three years, beginning July 1, 2006, in return for which the City would receive an estimated $2,019,699. This amount would be $359,406 more than the City received for the same services under the previous contract, and was calculated using essentially the same standard formula used by all member cities. The new contract would not require any increase in the level of services provided. The chart below shows the estimated cost of police services and fire and emergency medical services over the contract's three-year term. The $2,019,699 figure is the total estimate of these costs, which, as the chart shows, are expected to increase 5% per year. Service Police Services Fire and Emergency Medical Services FY06-07 $476,261 FY07-08* $500,074 FY08-09 Total FY06-09* $525,078 $1,501,413 $164,405 $172,625 $181,256 $518,286 TOTAL, ALL SERVICES $640,666 $672,699 $706,334 $2,019,699 The contract states that if the cost estimates vary from those shown in the table, the compensation the City would receive under the contract would increase or decrease accordingly, upon the City giving written notice and documentation of the variance to the Port District. FISCAL IMPACT: The new contact would result in increased funding to the City's General Fund of approximately $87,235 for FY 06/07. Funding for subsequent years would be included in future budgets. STAFF RECOMMENDATION: Staff recommends that the City Council approve the resolution authorizing a new contact with the San Diego Unified Port District to provide police, fire and emergency medical services for the City's tidelands for three years beginning July 1, 2006, in return for a total estimated compensation of $2,019,699. Unified Port of San Diego April 20, 2007 LETTER OF TRANSMITTAL Leslie Deese, Assistant City Manager City of National City 1243 National City Boulevard National City, CA 91950 Subject: AGREEMENT No. 31-2003: Police, Fire and Emergency Medical Services WE ARE TRANSMITTING VIA EXPRESS DELIVERY: 3165 Pari`ir Highway, San Diego, CA 92101 PO Box 120488, San Diego, CA 92112-0488 619.686.6200 www.portofsandiegn.o•g [X] Amendment No. 2 to Agreement [X] For Signature Two (2) copies COMMENTS: Please have each of the copies of the enclosed agreement signed by City staff, and retum to the District. Upon execution by District, one signed copy will be forwarded for your records. If you have any questions regarding this agreement, please call Ralph Oliver, Manager, Procurement Services, at (619) 686-6394. Thank you for your cooperation. Mark Adams Procurement Services Department San Diego Unified Port District 5,t IYCC�%.he+-.i .�t> ...::.. t�,j„4<s. _G R... dL:;-':Jfi'.SY�::v;.3S e'��3�s%�'ERfI£SehCSi^5)iFC+�tTyN1YI:r-'�Sil•Fi C.w����i•�Ss'C.� RESOLUTION NO. 2007 — 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 POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES WHEREAS, the San Diego Unified Port District ("the District") desires to contract for the provision of police, fire, and emergency medical services to the non -ad valorem taxpaying properties located on the City's tidelands; and WHEREAS, the City has the capacity to provide police, fire, and emergency medical services to said District properties; and WHEREAS, the District has an obligation to adhere to a principle of reimbursement for services actually performed on tideland trust property, wherein the cost bears a direct relationship to the services provided, the reimbursement is substantiated by an auditable record, and for which the reimbursement is reasonable and falls with the trust purposes of the District; and WHEREAS, the District may authorize the disbursement of money for specified and approved categories of reimbursement to a City providing such services based upon a submittal of records kept in the normal course of City business. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of National City that the Mayor is hereby authorized to execute an Agreement with the San Diego Unified Port District for police, fire, and emergency medical services. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 17th day of April, 2007. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 April 24, 2007 Mr. Jeffrey B. McEntee CFO / Treasurer San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 Dear Mr. McEntee, On April 17, 2007, Resolution No. 2007-73 was passed and adopted by the City Council of the City of National City, authorizing execution of Agreement with the San Diego Unified Port District. We are forwarding a certified copy of the above Resolution and two partially executed original agreements. Please return one fully executed original agreement to us for our files. Michael R. Della, CMC City Clerk Enclosures ® Recycled Paper