HomeMy WebLinkAbout2012 CON SD Port District - Amendment #3 - Police, Fire, Medical ServicesSan Diego Unified Port District
Document No. 59758
Filed JAN 0 4 2013
Office of the District Clerk
AMENDMENT NO. 3 TO AGREEMENT BETWEEN
SAN DIEGO UNIFIED PORT DISTRICT
and
CITY OF NATIONAL CITY
for
POLICE, FIRE AND EMERGENCY MEDICAL SERVICES
AGREEMENT NO. 123-2009
The parties to this Amendment No. 3 to Agreement are the SAN DIEGO
UNIFIED PORT DISTRICT, a public corporation (District) and the CITY OF NATIONAL
CITY, a municipal corporation (City).
Recitals:
District and City are parties to
Medical Services. The Agreement is
Document No. 55944, dated January
Document No. 58995, dated May 25,
59475, dated October 25, 2012.
The Parties Agree:
an Agreement for Police, Fire and Emergency
on file in the office of the District Clerk as
12, 2010 as amended by Amendment No. 1,
2012 and Amendment No. 2, Document No.
1. As allowed in Section 2, Term of Agreement, this Agreement is extended for an
additional four months. Therefore, the Agreement shall cover services rendered
from July 1, 2009 to March 31, 2013.
2. As provided in Section 2, Term of Agreement, upon completion of negotiations,
Board of Port Commissioners approval, and execution of the documents, the new
Agreement will take effect and the extension of the existing agreement will end
on the date of the new agreement. The Agreement amount for this extended
period will be adjusted based on the final negotiated price for the new
Agreement.
* *END OF PAGE* *
Agreement No.: 123-2009; Amendment No. 3
Party to Agreement: City of National City
Requesting Department: Executive Offices
fIIiPI ICA,TE ORIGINAL
Page 1 of 2
3. All other terms, covenants, and conditions in the original Agreement shall remain
in full force and effect and shall be applicable to this Amendment.
CITY OF NATIONAL CITY
Mayor
CITY ATTORNEY
SAN DIEGO UNIFIED PORT DISTRICT
6AAhiSrgrv.)---
Karen Porteous
Executive Vice President
PORT ATTORNEY
Agreement No: 123-2009; Amendment No. 3
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 2 of 2
RESOLUTION NO. 2012 — 228
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 3 TO
THE AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT
FOR POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES TO EXTEND
THE TERM OF THE AGREEMENT FOR FOUR MONTHS OR UNTIL
THE NEGOTIATIONS FOR THE NEW AGREEMENT ARE COMPLETE
WHEREAS, on December 15, 2009, the City Council adopted Resolution No. 2009-
293, approving an Agreement with the San Diego Unified Port District for the provision of police,
fire, and medical emergency services to the non -ad valorem taxpaying properties located on the
City's tidelands from July 1, 2009 to June 30, 2012; and
WHEREAS, on May 15, 2012, the City Council adopted Resolution 2012-108, to
extend the term of the Agreement for three months, through September 30, 2012, or until the
effective date of a new agreement, whichever comes first; and
WHEREAS, on October 2, 2012, the city Council adopted Resolution 2012-201,
extending the term for an additional two months, through November 30, 2012, or until the effective
date of a new agreement, whichever comes first; and
WHEREAS, the Amendment provided that the existing Agreement would end on
the effective date of the new agreement, provided that the agreement amount for the extended
period would be adjusted based on the final negotiated price for the new agreement; and
WHEREAS, to date, negotiations have not been completed, therefore, it is
necessary to extend the term of the agreement for an additional four months, to March 31, 2013, or
until the effective date of the new agreement, whichever comes first.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National
City that the Mayor is hereby authorized to execute Amendment No. 3 to the Agreement with the
San Diego Unified Port District for police, fire, and emergency medical services to extend the term
of the Agreement for four months, through March 31, 2012, or until the effective date of the new
agreement, whichever comes first. Said Amendment No. 3 to the Agreement is on file in the office
of the City Clerk.
PASSED and ADOPTED this 4th day of December, 2012.
ATTEST:
Michael R. Dalla!City Clerk
Morrison, Mayor
ROVED AS TO FORM:
a�.!1
C iff• a Ga'tua Silva
City Attorn
Passed and adopted by the Council of the City of National City, California, on
December 4, 2012 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
h N
City C erk 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. 2012-228 of the City of National City, California, passed and
adopted by the Council of said City on December 4, 2012.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
XC
'AEETING DATE: December 4, 2012
AGENDA ITEM NO. 12
ITEM TITLE:
Resolution of the City Council approving Amendment No. 3 which provides for an additional (4) four
month extension to the current Agreement between the San Diego Unified Port District and the City of
National City for Police, Fire and Emergency Medical Services
PREPARED BY: Leslie Deese, City Manage.
PHONE: 619-336-4240
EXPLANATION:
See Attached
DEPARTMENT: City Manager
APPROVED BY:
FINANCIAL STATEMENT: N/A
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Staff recommends that the City Council approve Amendment No. 3 to the Agreement between the San Diego
Unified Port District and the City of National City for Police, Fire and Emergency Medical Services for an
additional four month period as allowed for in the current Agreement.
BOARD / COMMISSION RECOMMENDATION:
N/A
1TTACHMENTS:
1. Staff Report
2. Resolution
3. Amendment No. 3 to Agreement
Resolution of the City Council approving Amendment No. 3 which provides for an
additional (4) four month extension to the current Agreement between the San
Diego Unified Port District and the City of National City for Police, Fire and
Emergency Medical Services
STAFF REPORT
The purpose of this report is to recommend that the City Council approve Amendment
No. 3 which provides for an additional four month extension to the current Agreement
between the San Diego Unified Port District and the City of National City to provide
police, fire and emergency medical services to National City's tidelands property. The
Amendment also provides that the existing Agreement will end on the effective date of
the new Agreement, provided that the extended Agreement amount is adjusted based
on the final negotiated price for the new Agreement.
Each member city, including National City, contracts with the Port District for public
safety services. The term of National City's current Agreement (attached) is from July 1,
2009 through June 30, 2012. City and Port staffs have been negotiating on a new
contract since April, 2012.
On May 15, 2012, the City Council approved the Port's request to extend the Agreement
as allowed in Section 2, Term of Agreement, for a three month period; on October 2,
2012, Port staff requested a second extension for an additional two month period. If
approved by the City Council, this third extension will cover services rendered from July
1, 2009 to March 31, 2013. This same request has been made to all Port member cities.
While negotiations between Port and City staffs will continue during the contract
extension, Port staff is planning to take a proposal to their Board of Directors on
December 11, 2012. The Port plans to distribute a copy of the proposed MSA contracts
to each of the member cities by the end of January 2013 unless their Board makes
changes to , or does not approve, the provisions in the proposal. Providing the contracts
by the end of January should enable each of the member cities to complete the
contracts by the March 31, 2013 target date.
Upon completion of negotiations and execution of documents, the new Agreement would
take effect and the extension of the existing Agreement would end on the effective date
of the new agreement, provided that the extended Agreement amount is adjusted based
on the final negotiated price for the new Agreement.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve Amendment No. 3 to the Agreement
between the San Diego Unified Port District and the City of National City for Police, Fire
and Emergency Medical services for an additional four month period as allowed for in
the current Agreement.
•
RESOLUTION NO. 2012 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 3 TO
THE AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT
FOR POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES TO EXTEND
THE TERM OF THE AGREEMENT FOR FOUR MONTHS OR UNTIL
THE NEGOTIATIONS FOR THE NEW AGREEMENT ARE COMPLETE
WHEREAS, on December 15, 2009, the City Council adopted Resolution No. 2009-
293, approving an Agreement with the San Diego Unified Port District for the provision of police,
fire, and medical emergency services to the non -ad valorem taxpaying properties located on the
City's tidelands from January 1, 2009 to June 30, 2012; and
WHEREAS, on May 15, 2012, the City Council adopted Resolution 2012-108, to
extend the term of the Agreement for three months, through September 30, 2012, or until the
effective date of a new agreement, whichever comes first; and
WHEREAS, on October 2, 2012, the city Council adopted Resolution 2012-201,
extending the term for an additional two months, through November 30, 2012, or until the effective
date of a new agreement, whichever comes first; and
WHEREAS, the Amendment provided that the existing Agreement would end on
the effective date of the new agreement, provided that the agreement amount for the extended
period would be adjusted based on the final negotiated price for the new agreement; and
WHEREAS, to date, negotiations have not been completed, therefore, it is
necessary to extend the term of the agreement for an additional four months, to March 31, 2013, or
until the effective date of the new agreement, whichever comes first.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National
City that the Mayor is hereby authorized to execute Amendment No. 3 to the Agreement with the
San Diego Unified Port District for police, fire, and emergency medical services to extend the term
of the Agreement for four months, through March 31, 2012, or until the effective date of the new
agreement, whichever comes first. Said Amendment No. 3 to the Agreement is on file in the office
of the City Clerk.
PASSED and ADOPTED this 4th day of December, 2012.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia Gacitua Silva
City Attorney
AMENDMENT NO. 3 TO AGREEMENT BETWEEN
SAN DIEGO UNIFIED PORT DISTRICT
and
CITY OF NATIONAL CITY
for
POLICE, FIRE AND EMERGENCY MEDICAL SERVICES
AGREEMENT NO. 123-2009
The parties to this Amendment No. 3 to Agreement are the SAN DIEGO
UNIFIED PORT DISTRICT, a public corporation (District) and the CITY OF NATIONAL
CITY, a municipal corporation (City).
Recitals:
District and City are parties to an Agreement for Police, Fire and Emergency
Medical Services. The Agreement is on file in the office of the District Clerk as
Document No. 55944, dated January 12, 2010 as amended by Amendment No. 1,
Document No. 58995, dated May 25, 2012 and Amendment No. 2, Document No.
59475, dated October 25, 2012.
The Parties Agree:
1. As allowed in Section 2, Term of Agreement, this Agreement is extended for an
additional four months. Therefore, the Agreement shall cover services rendered
from July 1, 2009 to March 31, 2013.
2. As provided in Section 2, Term of Agreement, upon completion of negotiations,
Board of Port Commissioners approval, and execution of the documents, the new
Agreement will take effect and the extension of the existing agreement will end
on the date of the new agreement. The Agreement amount for this extended
period will be adjusted based on the final negotiated price for the new
Agreement.
* "END OF PAGE* *
Agreement No.: 123-2009; Amendment No. 3
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 1 of 2
3. All other terms, covenants, and conditions in the original Agreement shall remain
in full force and effect and shall be applicable to this Amendment.
CITY OF NATIONAL CITY SAN DIEGO UNIFIED PORT DISTRICT
Ron Morrison
Mayor
Karen Porteous
Executive Vice President
CITY ATTORNEY PORT ATTORNEY
Agreement No.: 123-2009, Amendment No. 3
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 2 of 2
The parties
corporation,
corporation,
AGREEMENT BETWEEN
SAN DIEGO UNIFIED PORT DISTRICT
and
CITY OF NATIONAL CITY
for
POLICE, FIRE AND EMERGENCY MEDICAL SERVICES
AGREEMENT NO.123.2009
San Diego Unifier) Port Disinq
Document No. 5$944
Filer)
JAN 12 20m
Office of the District Clerk
to this agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public
herein called "District" and the CITY OF NATIONAL CITY; a municipal
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
AUPLJOATE- ORICJNAL
Page 1 of 11
e
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 Togs
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
Califomia 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 Govemment 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 7of11
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 govemed 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 8 of 11
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, Califomia 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, 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
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
Jeffr i4ee
CFO reasur r
PORT ATTORNEY
DEPUTY PORT ATTOANEr
CITY OF NATIONAL CITY
Title Mayor
Attest:
Cityf%4k Mi.chae I. Della
Approved as to Form:
City Attorney George rt. Pi garr, III
Agreement No.: 123-2009
Party to Agreement City of National City
Requesting Department: Harbor Police
Page 11 of 11
EXHIBIT A
Non Tax Paying Tidelands in the City of National City
Agreement No 123-2009: Exhibit A
Party to Agreement: City of Natlonal City
Requesting Department: Harbor Police
Page 1 of 1
EXHIBIT B:
STATEMENT OF REIMBURSABLE EXPENSES
FOR THE CITY OF NATIONAL CITY
San Diego Unified Port District
POUCE 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
FIRE AND MEDICAL SERVICES
Allocated portion to non -tax paying tidelands (7%)
Total Fire and EMS
230
1643
1673
1471
1.27
FY 2010 FY 2011 FY 2012
541,513 563,228 586,602
186,929
194,425 202,494
TOTAL POLICE, FIRE AND EMERGENCY MEDICAL $ 728,442 $ 757,653 S 789,096
Agreement No.: 123-2009; Exhibit B
Party to Agreement City of National City
Requesting Department: Harbor Police
Page 1 of
MEMORANDUM OF INSURANCE
ALLIANT INSURANCE SERVICES, INC.
P.O. BOX 6450
NEWPORT BEACH, CA 92658-6450
Ph (949) 756-0271 / Fax (949) 756-2713
License No. 0C36861
ISSUE DATE 6/29/2009
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.
INSURED
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 91950
SAN DIEGO POOLED INSURANCE
PROGRAM AUTHORITY AND
MEMBER AGENCY OF:
COVERAGE AFFORDED BY
LEI I tit A: INDIVIDUAL C ITYS SELF'INSURED RETENTICIN
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
A
TYPE OF COVERAGE
GENERAL AND
AUTOMOBILE LIABILITY
MEMORANDUM
NUMBER
SELF INSURED
MEMORANDUM
EFFECTIVE
DATE
07101109
MEMORANDUM
EXPIRATION
DATE
07/01/10
LIAEIU1 Y LIMITS IN THOUSANDS
BI & PD
COMBINED
. EACH
OCCURRENCE
250,
AGGREGATE.
N/A
PERSONAL INJURY
INCL.
B
EXCESS LIABILITY' •
SDC 0024
07101/09
07101110
el & PD
COMBINED
1,750,
• • THE ABOVE NOTED MEMORANDUM OF INSURANCE IS A CLAIMS -MADE CONTRACT
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / SPECIAL. ITEMS
PORT DISTRICE CT D AGREEIAEMEREEN7 MED
"L7-2007 AGREEMENT BETWEEN CM, A OF NTIANat CI7v aa[1 RAN nIEGp t FJEp
•
MEMORANDUM HOLDER
SUBJECT TO POUCY TERMS,CONDTIIONS AND EXCLUSIONS. AI
SAN DIEGO UNIFIED PORT DISTRICT
ATTN: AUDIT, RISK MANAGEMENT SERVICES
PO BOX 120488
SAN DIEGO, CA 92112-0488
CAPUNASaMPIFMSdd1aHRUAStl-Lieboak Sd Pod LNb CalRrIMoc
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED CONTRACTS BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE AUTHORITY WLL ENDEAVOR TO MAL TO DAYS'
►IUITIER NOTICE TO THE HOLDER NAMED HEREON BUT FAILURE TO MAIL SUCH
'NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
AU11k RrTY. OR ITS REPRESENTATIVES. EXCEPT 10 DAYS FOR NON-PAYMENT OF
PREMIUM.
AUTHORIZED SIGNATURE
Or -
Unified Port
of San Diego
January 17, 2013
City of National City
Attn: Mr. Michael R. Dalla
1243 National City Blvd.
National City, CA 91950
Dear Mr.Dalla,
3165 Pacific Highway, San Diego, CA 92101
P.O. Box 120488, San Diego, CA 92112-0488
619-686.6200 www.portofsandiego.org
Included for your files is a fully executed duplicate original of Amendment No. 123-2009. Please
feel free to contact me should you require anything further.
Tos a Brown
Assistant to EVP, Administration
Port of San Diego
3165 Pacific Highway
San Diego, CA 92101
619.686.6547 (Fax)
619.686.7216 (Phone)
tbrown aAportofsandiego.org
San Diego Unified Port District
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 12, 2012
Ms. Karen Porteous
San Diego Unified Port District
P.O. Box 120488
San Diego, CA 92112-0488
Dear Ms. Porteous,
On December 4th, 2012, Resolution No. 2012-228 was passed and adopted by the City
Council of the City of National City, authorizing execution of Amendment No. 3 to an
Agreement with the San Diego Unified Port District.
We are forwarding a certified copy of the above Resolution and two partially executed
original Amendments. Please return a fully executed original Amendment to us for
our files.
Michael R. Dalla, CMC
City Clerk
Enclosures