HomeMy WebLinkAbout2007 CON San Diego Port District - Expo / ConcertNOTE TO FILE
IN THE MATTER OF: Agreement with the San Diego Unified Port
District on a Reimbursable Basis not to exceed $30,000 for a Free
Expo and Concert to be held at Pepper Park on Port Property
NO FULLY EXECUTED ORIGINAL AGREEMENT HAS
BEEN PROVIDED TO THE
CITY CLERK AS OF MARCH 20, 2008.
09-04-07 — Two partially executed contracts were sent to the vendor
to sign and return. No copy of contract was returned.
NTF
•
AGREEMENT BETWEEN
SAN DIEGO UNIFIED PORT DISTRICT
and
CITY OF NATIONAL CITY
for
MUSICAL CONCERT AT PEPPER PARK
The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT (District),
a public corporation and the CITY OF NATIONAL CITY, (Service Provider) a non-profit
organization located in National City, California. Both parties agree to the following:
1. SCOPE OF SERVICES: Service Provider shall furnish all technical and
professional labor, and materials to satisfactorily comply with Attachment A,
Scope of Services. Scope of Services is determined by District from services
proposed in the Service Provider's 2007-2008 Financial Assistance Application,
Exhibit B. The Service Provider shall keep the Executive Director of the District or
his designated representative informed of the progress of said services at all
times.
2. TERM OF AGREEMENT: This Agreement shall commence on July 1, 2007 and
shall terminate on June 30, 2008, subject to earlier termination as provided
below.
3. COMPENSATION: For performance of services rendered pursuant to this
Agreement and as further described in Attachment B, Compensation and
Invoicing; District shall compensate Service Provider based on the following,
subject to the limitation of the maximum expenditure provided herein:
3.1 Maximum Expenditure. The maximum expenditure under this Agreement
shall not exceed Thirty Thousand dollars ($30,000.00). Said expenditure
shall include without limitation all sums, charges, reimbursements, costs
Agreement No. 0708-14
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 1 of 15
and expenses provided for herein. Service Provider shall not be required
to perform further services after compensation has been expended. In the
event that the Service Provider anticipates the need for services in excess
of the maximum Agreement amount, the District shall be notified in writing
immediately. District must approve an amendment to this Agreement
before additional fees and costs are incurred. In order to provide
adequate notice and time for amendment of this Agreement, Service
Provider shall advise the District in writing when expenses incurred reach
Thirty Thousand dollars ($30,000.00).
3.2 Payment Procedure. For work performed on an hourly basis, Service
Provider agrees to assign the person with the lowest hourly rate who is
fully competent to provide the services required. If Service Provider finds
it necessary to have work, which would usually be performed by personnel
with a lower rate, performed by personnel paid at the higher hourly rate,
Service Provider shall nevertheless, bill at the lower rate.
3.3 Progress Documentation. Service Provider shall provide District
progress reports in a format and on a schedule as District 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.
4. 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
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.
Agreement No. 0708-14
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 2 of 15
Such records shall be maintained by Service Provider 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.
Service Provider understands and agrees that District, at all times under this
Agreement, has the right to review project documents and work in progress and
to audit financial records, whether or not final, which Service Provider or anyone
else associated with the work has prepared or which relate to the work which
Service Provider is performing for District pursuant to this Agreement regardless
of whether such records have previously been provided to District. Service
Provider shall provide District at Service Provider's expense a copy of all such
records within five (5) working days of a written request by District. District's right
shall also include inspection at reasonable times of the Service Provider's office
or facilities, which are engaged in the performance of services pursuant to this
Agreement. Service Provider shall, at no cost to District furnish reasonable
facilities and assistance for such review and audit. Service Provider's failure to
provide the records within the time requested shall preclude Service Provider
from receiving any compensation due under this Agreement until such
documents are provided.
5. SERVICE PROVIDER'S SUB -CONTRACTORS: It may be necessary for
Service Provider to sub -contract for the performance of certain technical services
or other services for Service Provider to perform and complete the required
services; provided, however, all Service Provider's sub -contractors shall be
subject to prior written approval by District. The Service Provider shall remain
responsible to District for any and all services and obligations required under this
Agreement, whether performed by Service Provider or Service Provider's sub-
contractors. Service Provider shall compensate each Service Provider's sub-
contractors in the time periods required by law. Any Service Provider's sub -
Agreement No. 070E-14
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 3 of 15
contractors employed by Service Provider shall be independent Service
Providers and not agents of District. Service Provider shall insure that Service
Provider's sub -contractors 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 Service
Provider's sub -contractors which reserves the right, during the performance of
this Agreement and for a period of three (3) years following termination of this
Agreement, for a District representative to audit any cost, compensation or
settlement resulting from any items set forth in this Agreement. This clause shall
also require Service Provider's sub -contractors to retain all necessary records 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.
6. COMPLIANCE: In performance of this Agreement, Service Provider and Service
Provider's sub -contractors 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. Service Provider shall comply
with the prevailing wage provisions of the Labor Code, and the Political Reform
Act provisions of the Government Code, as applicable. Service Provider shall
comply with all federal and state laws and district statues, ordinances and
regulations applicable to the performance of the services under this Agreement
as now exist or may be added or amended.
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
Agreement No. 0708-14
Service Provider. City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 4 of 15
of 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 personal 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:
9.1 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 9.2, the Service Provider agrees to
defend, indemnify, protect and hold harmless 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 Services, or failure to act by Service Provider, its
officers, agents, and employees. 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 District, its agents, officers, or employees.
The Service Provider further agrees that the indemnification, including the
duty to defend District, requires the Service Provider to pay reasonable
attorneys' fees and costs 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.
Agreement No. 0708-14
Service Provider. City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 5 of 15
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
District chooses at 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 Services,
the Service Provider agrees to pay the reasonable value of attorneys' fees
and all of District's costs associated with its defense.
9.2 Indemnification for Professional Services: To the fullest extent
provided by law, the Service Provider agrees to defend, indemnify, protect
and hold harmless 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 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 District, its
agents, officers, or employees.
The Service Provider further agrees that the indemnification, including the
duty to defend District, requires the Service Provider to pay reasonable
attorneys' fees and costs 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.
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
District chooses at its own election to conduct its own defense, participate
in its own defense or obtain independent legal counsel in defense of any
Agreement No. 0708-14
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 6 of 15
claim, demand or liability related to the Scope of Services, the Service
Provider agrees to pay the reasonable value of attorneys' fees and all of
District's costs associated with its defense.
10. INSURANCE REQUIREMENTS: Service Provider and each Sub
Contractor Provider shall at all times during the term of this Agreement
maintain, at its expense, the following minimum levels and types of
insurance:
10.1 Commercial General Liability: (including, without limitation,
Contractual Liability, Personal and Advertising Injury, and Products/
Completed Operations) coverage's, 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 deductible or self -insured retention on this Commercial
General Liability policy shall not exceed $5,000 unless
District has approved of a higher deductible or self -insured
retention in writing
2. The Commercial General Liability policy shall be endorsed to
include the District; it' s agents, officers, and employees as
additional insured in the form as required by the District, an
exemplar endorsement attached.
3. The coverage provided to the District, as an additional
insured, shall be primary.
Agreement No. 0708-14
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 7 of 15
10.2 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.
10.3 Worker's Compensation: 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 accident for bodily injury
or disease. This policy shall be endorsed to include a waiver of
subrogation endorsement.
Service Provider shall furnish District with certificates of insurance
coverage for all the policies described above upon execution of this
Agreement and upon renewal of any of these policies. A Certificate
of Insurance in the form acceptable to the District, an exemplar
Certificate of Insurance is attached as Exhibit A and made a part
hereof, evidencing the existence of the necessary insurance
policies and endorsements required shall be kept on file with the
District. 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 coverage's of
insurance.
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 Service Provider's
sub -contractors or any tier of Service Provider's sub -contractors.
Agreement No. 0708-14
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 8 of 15
District shall reserve the right to obtain complete copies of any of
the insurance policies required herein.
10.4 Self -Insured Status: Service Provider may satisfy the
requirements of this section 10 by maintaining its lawful self -insured
status during the terms of this agreement.
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 with 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 Service Provider 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 of the District
unless specifically authorized to do so in writing. Service Provider acknowledges
that it is aware that because it is an independent contractor, District is making no
deductions from its fee and is not contributing to any fund on its behalf. Service
Provider disclaims the right to any fee or benefits except as expressly provided
for in this Agreement.
Agreement No. 0708-14
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 9 of 15
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 laws of the State of
California shall govern the formation, interpretation and performance of this
agreement.
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 shall be valid unless it is in writing and signed by the parties
hereto.
16. OWNERSHIP OF 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
Agreement No. 0708-14
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 10 of 15
the Don L. Nay Port Administration Building (located at 3165 Pacific Highway,
San Diego, California 92101) 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 or as required by law. 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, or the Service Provider, may
terminate this Agreement at any time with or without cause by giving thirty (30)
days written notice to Service Provider of such termination and specifying the
effective date thereof. In that event, Service Provider shall at the option of
District deliver all finished or unfinished documents and other materials 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), or designee 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.
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
Agreement No. 0708-14
Service Provider. City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 11 of 15
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, sub -contractor 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 or City Clerk as required by said Agreement, Government Code,
and otherwise, shall not be waived, extended or tolled thereby. If a claim is not
timely filed or presented, such claim shall be time barred and the above dispute
avoidance and resolution procedures, whether or not implemented or then
pending, shall likewise be time barred as to such claims.
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
Agreement No. 0708-14
Service Provider City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 12 of 15
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 (5) 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 District is
authorized to pay for such expenses, miscellaneous charges, or other liabilities
or increased costs from the amounts retained as outlined above or to seek
reimbursement of same from the Service Provider. It is the express intent of the
parties to this Agreement to protect the District from loss because of conduct by
or on behalf of the Service Provider.
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.
Agreement No. 0708-14
Service Provider. City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 13 of 15
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 Authorized Representative of the Service Provider.
21.1 Submit all correspondence, including invoices, regarding this Agreement,
including Insurance Certificates and Endorsements to:
Irene McCormack, Director
Communications & Community Services
San Diego Unified Port District
P.O. Box 120488
San Diego, CA 92112-0488
Tel: 619-686-6462
Fax: 619-686-6373
Email: imccorma@portofsandiego.orq
21.2 The Service Provider's Authorized Representative assigned below has the
authority to authorize changes to the scope, terms and conditions of this
Agreement:
Susanna H. Peredo, Recreation Supervisor
City of National City
140 East 12th St. Ste. B
National City, CA 91950
Tel: 619-336-4243
Fax: 619-336.4292
Email: speredo@ci.national-city.ca.us
Agreement No. 0708-14
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 14 of 15
21.3 Written notification to the other party shall be provided, in advance, of
changes in the name or address of the designated Authorized
Representative.
CITY OF NATIONAL CITY
August 21, 2007
on Morrison Date
Mayor of National City
Approved as to Form by:
August 21, 2007
George H. Eiser III Date
City Attorney
SAN DIEGO UNIFIED PORT DISTRICT
PORT ATTORNEY Date
Irene McCormack, Director Date
Communications & Community Services
Agreement No. 0708-14
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 15 of 15
ATTACHMENT A
SCOPE OF SERVICES
San Diego Unified Port District
Service Provider - through its program or event — will promote District and/or commerce,
navigation, recreation, fisheries and tenant businesses on the District tidelands. This will
be accomplished in the following manner:
o Conduct the Musical Concert at Pepper Park on September 8, 2007 at
Pepper Park in National City.
o Provide promotions and media exposure for the event identifying the San
Diego Unified Port District as a co-sponsor for the event. Publicity shall
include:
• Preparation and distribution of press release and public service
announcements and feature articles.
• Contact with local media providers to encourage promotion by
public service and feature articles.
• Design, printing and distribution of event flyers at locations
throughout the area including prominent placement at all City
facilities and distribution to key commercial and civic locations.
• Design, printing and distribution of event programs to be distributed
at the concert.
• Announcement in City and Community Services Department
brochures.
• Event advertising on the electronic message signs adjacent to the
freeways within National City and Sweetwater High School
Electronic message system.
• Encouragement of announcements regarding the concert at various
civic meetings such as Chamber of Commerce, Lions Club,
Kiwanis, etc.
• Use of City website and email system to distribute concert
information.
• Use of Neighborhood Council Program to promote and distribute
concert information to residents/businesses.
Agreement No. 0708-14 Attachment A
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 1 of 1
ATTACHMENT B
COMPENSATION & INVOICING
San Diego Unified Port District
I. COMPENSATION:
For the satisfactory performance and completion of the services under this
Agreement, District shall pay Service Provider compensation as set forth
hereunder.
A. Service Provider shall be compensated and reimbursed by District on the
basis of invoices submitted each month for services performed during the
preceding month. Each invoice shall include:
Date work performed;
Description of the work performed;
Hours worked by personnel classification;
Rate per personnel classification;
Total personnel cost by classification;
Other Direct Costs.
II. INVOICING:
A. Payment Documentation. As a prerequisite to payment for services,
Service Provider shall invoice District for services performed and for
reimbursable expenses authorized by this Agreement, accompanied by
such records and receipts as required.
Service Provider shall include the following information on each invoice
submitted for payment by District, in addition to the information required in
Section I, above:
1) Agreement No 0708-14
2) The following certification phrase, with printed name, title and signature
of Service Provider's project manager or designated representative:
"I certify under penalty of perjury that the above statement is
just and correct according to the terms of Document No.
ZeuitXk and that payment has not been received."
3) Dates of service provided
4) Date of invoice
5) A unique invoice number
Agreement No. 0708-14 Attachment B
Service Provider. City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 1 of 2
District shall, at its discretion, return to Service Provider, without payment,
any invoice, which has been submitted without the above information and
certification phrase.
B. Invoices shall be mailed to the attention of: Irene McCormack,
Communications & Community Services, P.O. Box 120488, San Diego
Unified Port District, San Diego, CA 92112-0488.
C. Should District contest any portion of an invoice, that portion shall be held
for resolution, but the uncontested balance shall be processed for
payment. District may, at any time, conduct an audit of any and all
records kept by Service Provider for the Services. Any overpayment
discovered in such an audit may be charged against the Service
Provider's future invoices and any retention funds.
D. Service Provider shall submit all invoices within thirty (30) days of
completion of work represented by the request and within sixty (60) days
of incurring costs to be reimbursed under the Agreement. Payment will be
made to Service Provider within thirty (30) days after receipt by District of
a proper invoice.
E. Service Provider shall indicate on last invoice submitted for payment:
FINAL INVOICE.
Agreement No. 0708-14 Attachment B
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 2 of 2
EXHIBIT A
CERTIFICATE OF INSURANCE
San Diego Unified Port District
ONLY THIS CERTIFICATE OF INSURANCE WILL BE ACCEPTED
By signing this form, the authorized agent or broker certifies the following:
(1) The l'olicy or Policies described below have been issued by the noted Insurers) [Insurance Company(ies)I 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 coverage's or
conditions of coverage noted on page 2 of this certificate.
(3) Signed copies of all endorsements issued to effect require coverage's or conditions of coverage arc attached to this
certificate.
Return this form to: San Diego Unified Port District
Attn: Linda Wikstrom, 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 Number
This certificate applies to all
connection with all Agreements
operations of named insured's property in
between the District and Insured.
CO LTR
TYPE OF INSURANCE
POLICY
DATES
LIMITS
Commercial General Liability
Occurrence Form
rl Claims -made Form
Retro Date
Commencement Date:
Expiration Date:
Each Occurrence:
$
General Aggregate:
$
. _
U Liquor I.iahility
Deductible/SIR: $
Commercial Automobile Liability
❑ All Autos
U Owned Autos
❑ Non -Owned & Hired Autos
Commencement Date:
Expiration Dale:
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
❑ 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 Agert(s) or Broker(s)
F-Mail Address:
Phone: Fax Number:
Signature of Authorized Agent(s) or Rroker(s)
Date:
Agreement No. 0708-14 Exhibit A
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
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 arc additional insured's 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:
San Diego Unified Port District
Audit, Risk Management & Safety
P.O. Box 120488
Agreement No. 0708-14 Exhibit A
Service Provider. City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 2 of 2
EXHIBIT B
Port of San Diego
Financial Assistance Program
2006-2007 Application
Agreement No. 0708-14 Exhibit B
Service Provider: City of National City — Musical Concert at Pepper Park
Board Date: May 8, 2007
Requesting Department: Communications & Community Services
Page 1 of 1
RESOLUTION NO. 2007 — 200
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
ON A REIMBURSABLE BASIS NOT TO EXCEED $30,000
FOR A FREE EXPO AND CONCERT TO BE HELD
AT PEPPER PARK ON PORT PROPERTY
WHEREAS, the City desires the use of Pepper Park, which is owned by
the San Diego Unified Port District, for a free expo and concert to be held on
September 8, 2007.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City hereby authorizes the Mayor to execute on behalf of the City of National
City an Agreement which provides for Port District reimbursement to the City up to an
amount not to exceed $30,000 with the Unified Port District of San Diego for a free
expo and concert to be held at Pepper Park on Port property on September 8, 2007.
Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 21st day of Augu- , !07.
on Morrison, Mayor
ATTEST:
A)f,Zi I, eA
Miael Della, City lerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on August
21, 2007 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Councilmember Zarate.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
h I q�
City CI k of the City of N tional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-200 of the City of National City, California, passed and
adopted by the Council of said City on August 21, 2007.
City Clerk of the City of National City, California
By:
Deputy
City of National City
COUNCIL AGENDA STATEMENT 6
MEETING DATE: August 21, 2007 AGENDA ITEM NO.
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 on a Reimbursable Basis Not to
Exceed $30,000 for a Free Expo and Concert to be held at Pepper Park on Port Property
PREPARED BY: Rudy Lopez ?'t'
(619) 336-4560
DEPARTMENT Community Services
EXPLANATION:
This item authorizes National City to enter into an Agreement with the San Diego Unified Port Dis-
trict for a free expo and concert at Pepper Park from 2:00 p.m. — 7:00 p.m., Saturday, September 8,
2007 on a reimbursable basis not to exceed $30,000. The Port also authorized $3,600 in Port District
Services, which includes the waiver of park fees and use of the Port's portable stage
For a second year, the City will be partnering with the NC Chamber of Commerce to include a busi-
ness expo and food vendors. The City will also be coordinating with local organizations to provide
free family -friendly activities and entertainment.
L
Environmental Review
N/A
Financial Statement
$30,000 to he provided by the Port of San Diego. As a condition of the agreement the City agrees to a matching
requirement of $7,500 in funding and in -kind services. Funding will come from Non -Departmental Agency Contributions
(001-409-000-650-9013).
STAFF RECOMMENDATION
Approve the resolution.
BOARD/COMMISSION RECOMMENDATION
N/A
[ATTACHMENTS (Listed Below)
1. Port Agreement
2. Resolution
Resolution No.
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
September 4, 2007
Ms. Irene McCormack
Director
Communications & Community Services
San Diego Unified Port District
P.O. Box 120488
San Diego, CA 92112-0488
Dear Ms. McCormack,
On August 21, 2007, Resolution No. 2007-200 was passed and adopted by the
City Council of National City, authorizing the Mayor to execute an 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.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure
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