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HomeMy WebLinkAbout2009 CON SD Port District - Police, Fire, Medical Servicesand CITY OF NATIONAL CITY for POLICE, FIRE AND EMERGENCY MEDICAL SERVICES AGREEMENT NO. 123-2009 Sari Diego Unified Port District Document No. 55944 AGREEMENT BETWEEN Filed JAN 2010 SAN DIEGO UNIFIED PORT DISTRICT ��ofoee oftn sfricP C' 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, who's territorial limits are adjacent to or contiguous to those of the District for police, fire services 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 medical services to said District property, and; 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 and fire protection services to be provided by the City upon the District's filled 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 though fully set forth herein. Those properties include, but are not Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police DUPLICATE -ORIGINAL Page 1 of 11 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. B. 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. C. 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. D. For Fire and Emergency Medical Services, the City shall provide, to 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. E. The activities and services authorized for reimbursement shall only be those which have occurred, and been rendered on or after July 1, Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 2 of 11 2009, 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, 2009 through June 30, 2012. If both parties desire to renew the Agreement and cost of services for the new Agreement is not finalized before the current Agreement expires, the current Agreement may be extended for one year at an annual consideration equal to the most recent year's cost of services. After negotiations are completed, contract amount will be adjusted based on final negotiated cost. 3. COMPENSATION: A. In consideration of the foregoing performances by the City, the District shall pay the City an amount not to exceed Seven Hundred Twenty -Eight Thousand Four Hundred Forty -Two Dollars ($728,442.00) for Fiscal Year 2010, Seven Hundred Fifty -Seven Thousand Six Hundred Fifty -Three Dollars ($757,653.00) for Fiscal Year 2011 and Seven Hundred Eighty -Nine Thousand Ninety -Six Dollars ($789,096.00) for Fiscal Year 2012, as listed in Exhibit B, Statement of Reimbursable Expenses, incorporated by reference as though fully set forth herein for a total amount under this Agreement not to exceed Two Million Two Hundred Seventy -Five Thousand One Hundred Ninety -One Dollars ($2,275,191.00). The estimate in consideration for fiscal year 2012 is recognized as the approximate cost of police and fire services with the City. If during the contract period the City's staffing level and/or 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 Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 3 of 11 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 (30) days of receipt of a properly prepared request for reimbursement. Reimbursement charges shall be in accordance with Exhibit A, 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 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. Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 4 of 11 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 five (10) working days of a written request by District. District's right shall also include inspection at reasonable times of 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 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. Agreement No: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 5 of 11 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. 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 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. 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 Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 6 of 11 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 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. Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 7 of 11 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 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 Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 8of11 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 shall at the option of District 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 or claim hereunder by City 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. 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 Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 9 of 11 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 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. 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 City. 18.1 Submit all correspondence, including invoices, regarding this Agreement, including Insurance Certificates and Endorsements to: * * *END OF PAGE* * * Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 10 of 11 Jeffrey B. McEntee, CFO/Treasurer Executive Offices San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 Tel. (619) 686-6423 Fax: (619) 686-6403 Email: jmcentee@portofsandiego.org 18.2 The City's Authorized Representative assigned below has the authority to authorize changes to the scope, terms and conditions of this Agreement: Ron Morrison , Mayor City of National City 1243 National City Blvd. National City, CA 91950 Tel. (619) 336-4236 Fax (619) 336-4239 Email: rmorrison@nationalcityca.gov 18.3 Written notification to the other party shall be provided, in advance, of changes in the name or address of the designated Authorized Representative. SAN DIEGO UNIFIED PORT DISTRICT Jeffre41- ee CFO/Treasur 0 PORT ATTORNEY CITY OF NATIONAL CITY me Ron Morrison Title Attest: Mayor DEPUTY PORT ATTORNEY City Jerk Mic ae R. Dalla Approved as to Form: City Attorney George H. Eiser, III Agreement No.: 123-2009 Party to Agreement: City of National City Requesting Department: Harbor Police Page 11 of 11 r 0 N rn CO 0 EXHIBIT B: STATEMENT OF REIMBURSABLE EXPENSES FOR THE CITY OF NATIONAL CITY San Diego Unified Port District 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) 230 1643 1873 1471 1.27 FY 2010 FY 2011 FY 2012 Total Police Services 541,513 563,228 586,602 FIRE AND MEDICAL SERVICES Allocated portion to non -tax paying tidelands (7%) Total Fire and EMS 186,929 194,425 202,494 TOTAL POLICE, FIRE AND EMERGENCY MEDICAL $ 728,442 $ 757,653 $ 789,096 Agreement No.: 123-2009; Exhibit B Party to Agreement: City of National City Requesting Department: Harbor Police Page 1 of 1 MEMORANDUM OF INSURANCE ISSUE DATE 6/29/2009 ALLIANT INSURANCE SERVICES, INC. P.O. BOX 6450 NEWPORT BEACH, CA 92658-6450 Ph (949) 756-0271 / Fax (949) 756-2713 License No. 0C36861 THIS MEMORANDUM IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE MEMORANDUM HOLDER. THIS MEMORANDUM DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE SHOWN BELOW. * SAN DIEGO POOLED INSURANCE COVERAGE AFFORDED BY INSURED PROGRAM AUTHORITY AND MEMBER AGENCY OF: LETTER A: INDIVIDUAL CITY'S SELF -INSURED RETENTION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 ' LETTER B' "San Diego Pooled Insurance Program Authority, A Public Agency? " MEMBER AGENCY OF THE SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY COVERAGE PER CA. GOVERNMENT CODE SECTION 990.4(a), 990.8(c) THIS IS TO CERTIFY THAT A MEMORANDUM OF INSURANCE BELOW HAS BEEN ENTERED INTO BY INSURED NAMED ABOVE AS AUTHORIZED BY CALIFORNIA GOVERNMENT CODE SECTION 990.4(a) AND 990.8(c) FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HERE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF THE SUCH CONTRACT. LTR I TYPE OF COVERAGE MEMORANDUM NUMBER MEMORANDUM EFFECTIVE DATE MEMORANDUM EXPIRATION DATE LIABILITY LIMITS IN THOUSANDS • EACH OCCURRENCE AGGREGATE A GENERAL AND AUTOMOBILE LIABILITY SELF INSURED 07/01109 07/01/10 - BI & PD COMBINED 250, N/A PERSONAL INJURY INCL. B EXCESS LIABILITY" SDC 0024 07/01/09 07/01110 BI&PD COMBINED 1,750, * * THE ABOVE NOTED MEMORANDUM OF INSURANCE IS A CLAIMS -MADE CONTRACT DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / SPECIAL ITEMS POLICE, FIRE AND EMERGENCY MEDICAL SERVICES AGREEMENT BETWEEN CITY OF NATIONAI CITY AND SAN DIEGO.UNIFIED PORT DISTRICT. AGREEMENT NO. 27-2007 SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. Al MEMORANDUM HOLDER CANCELLATION SAN DIEGO UNIFIED PORT DISTRICT ATTN: AUDIT, RISK MANAGEMENT SERVICES PO BOX 120488 SAN DIEGO, CA 92112-0488 SHOULD. ANY OF THE ABOVE DESCRIBED CONTRACTS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE AUTHORITY WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE HOLDER NAMED HEREON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORITY, OR ITS REPRESENTATIVES. EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM. AUTHORIZED SIGNATURE i(;k:::'"--'----- G0.1PUni0SantldPa1Stl•LiablIkASd-Lieb-ccr\, Sd Pool Lie Cert•PrI.doc RESOLUTION NO. 2009 — 293 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 15th day of Decemb 2009. Ron Morrison, Mayor ATTEST: Mi ael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on December 15, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Af City CI rk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-293 of the City of National City, California, passed and adopted by the Council of said City on December 15, 2009. City Clerk of the City of National City, California By: Deputy CQ00A-'O City of National City, California COUNCIL AGENDA STATEMENT 11 IEETING DATE December 15, 2009 AGENDA ITEM NO. (ITEM TITLE Resolution Authorizing the Mayor to Execute an Agreement with the San Diego Unified Port District for Police, Fire and Emergency Medical Services Leslie Deese, ACM / DEPARTMENT PREPARED BY (619/336-4240) City Manager's Office EXPLANATION Please see attached report. Environmental Review ✓ N/A Financial Statement If approved, the new contract would result in funding to the City's General Fund of $2,275,191.00 which represents an increase of approximately $255,492 over the 2007-2009 Agreement with the Port for Police, Fire and Emergency Medical Services. Account No. STAFF RECOMMENDATION Approve the Agreement BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Contract with the San Diego Unified Port District Resolution Resolution No. `a o o - `d A-200 (9/80) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax December 16, 2009 Mr. Jeffrey B. McEntee San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 Dear Mr. McEntee, On December 15th, 2009, Resolution No. 2009-293 was passed and adopted by the City Council of the City of National City, authorizing execution of an agreement with San Diego Unified Port District. We are forwarding a certified copy of the above Resolution and two partially executed original agreements. Please return a fully executed original agreement to us for our files. Sincerely, 1 Michael R. Dalla, CMC City Clerk Enclosures