HomeMy WebLinkAbout2013 CON SD Port District - Police, Fire, Medical Servicesi
San Diego Unified Po iv'
Document No. tOA"•6
AGREEMENT BETWEEN Filed APR 1 5 7013
SAN DIEGO UNIFIED PORT DISTRICT Office of the District Clerk
and
CITY OF NATIONAL CITY
for
POLICE, FIRE AND EMERGENCY MEDICAL SERVICES
AGREEMENT NO. 89-2012
The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, herein called "District" and the CITY OF NATIONAL CITY; a municipal
corporation, herein called "City."
RECITALS:
WHEREAS, the San Diego Unified Port District Act allows the District to contract with
the Municipalities whose territorial limits are adjacent to or contiguous to those of the
District for police, fire and other services, and;
WHEREAS, the District and the City desire to execute an Agreement for police, fire and
emergency medical services on non -ad valorem tideland trust property located in the
City ("Agreement"), and;
WHEREAS, the City has the capacity to provide police, fire and emergency medical
services to said District property;
NOW, THEREFORE, it is mutually understood and agreed by and between the parties
as follows:
1. SCOPE OF SERVICES
A. This Agreement covers reimbursement of the cost of police, fire and
emergency medical (EMS) services to be provided by the City upon the
District's tidelands and property within the City's limits, which do not
generate ad valorem tax revenues, as depicted in Exhibit A, Non Tax
Paying Tidelands in the City of National City, incorporated by reference as
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
lJPI !LATE OP GINAL
Page 1 of 14
though fully set forth herein. Those properties include, but are not limited
to, non -dedicated streets, parks and other open space, unleased
developed properties, leased properties wherein the lessee is not subject
to ad valorem taxes (with the exception of properties leased to the City),
and unleased vacant land. Nothing herein contained shall give the City
the right to use or occupy any District real or personal property, or to
otherwise use the services of the District or its employees.
City shall provide police, fire and emergency medical services as
contained in the Statement of Services established as the baseline service
level, attached hereto as Attachment A and incorporated by reference as
though fully set forth herein.
B. Services under this Agreement shall be 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.
C. District may reduce level of service or adjust compensation based on
unanticipated events, including but not limited to:
• Unanticipated events/needs that would require District expense
budget cuts.
• Significant bad debt, significant pension cost increases, pollution
remediation, significant loss or settlement payment from litigation.
• Major Maintenance project necessary for preservation of existing
revenue stream or prior capital investment.
• Unforeseen need to comply with current regulatory requirement or
legal mandate.
• District's need to replenish operating reserves when reserves go
below the current policy.
D. Service levels may be adjusted in the event of exogenous shocks as a
result of acts of nature and/or catastrophic events (e.g., storms, wildfires,
and/or 9/11 type incidents).
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 2 of 14
District and City shall have the option to re-evaluate service needs every
three (3) years, as needed (i.e., substantial changes in service needs from
increased activity resulting in negative impact to public safety or mutually
determined unsatisfactory service conditions on tidelands, or a significant
change in the non -taxpaying tidelands). If the need for re-evaluation is
mutually determined by District and City, discussions may start on the
third contract year and any decisions made may apply to the fourth
contract year.
F. Should service levels require adjustment, City shall provide to District a
detailed summary of changes to service levels. Upon approval by District,
the service level adjustment shall be incorporated as an amendment to the
Agreement.
2. TERM OF AGREEMENT: This Agreement covers services rendered from July
1, 2012 through June 30, 2021, subject to earlier termination as provided herein.
3. COMPENSATION:
A. In consideration of the foregoing performances by the City, District shall pay
City an amount not to exceed the baseline rate $1,087,595.00 for Fiscal
Year 12/13 for services contained in the Statement of Services, referenced
as Attachment A. Compensation for Fiscal Year 13/14 through Fiscal Year
20/21 shall be calculated on an annual escalation based on San Diego
County Consumer Price Index (CPI), except for years when the District's
actual percentage increase in operating revenue' is less than the CPI. CPI
will be based on the index change from the prior calendar year.
' The operating revenues used in this formula include certain exclusions, such as pass through revenues,
restricted revenues, significant one-time revenue increases or decreases, and any significant unforeseen
substantial expenses greater than $500,000 in the aggregate (e.g., loss or settlement payment from
litigation, any unforeseen equipment breakdown like HVAC).
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 3 of 14
B. If the District's operating revenue growth is less than the CPI, the
compensation shall be adjusted based on the District's financial
performance and service level shall be reduced accordingly in collaboration
with City. -District shall provide the City the prior fiscal year's revenue growth
no later than December 31of the following fiscal year.
Example: FY13/14 revenue growth will be calculated after the fiscal year
has ended on June 30, 2014 and the financial reports are completed. No
later than December 2014, the District will provide the compensation
adjustment to the City to coincide with the preparation of the city's FY 15/16
budget. The adjustment will be effective for the FY15/16 compensation.
C. Yearly escalation based on CPI shall not exceed 4%.
Example:
CPI 2012= 4.5%
District's Revenue Growth FY 13/14= 5%
Escalation will be capped at 4%.
D. If the District's operating revenue growth is negative, adjustment may not be
lower than -4%.
Example:
CPI 2012= 3%
District's Revenue Growth FY 13/14 = -6%
Adjustment will be -4%
E. City shall submit written requests for reimbursement to District for equal
quarterly payments under this Agreement. Written requests shall be
submitted on a quarterly basis, at the end of each fiscal quarter. District
agrees to make reimbursement payments to the City within thirty (30) days
of receipt of a properly prepared request for reimbursement.
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 4 of 14
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 and
prepared and maintained in the regular course of business, may include 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, and 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 maintained in accordance with applicable laws and policies of the State
of California and City of National City related to records retention. Generally, all
records set forth herein shall be maintained for at least three (3) years from the
date of termination of this Agreement.
If City is notified by District of a dispute, claim, litigation, or appeal arising from
this Agreement, City shall maintain applicable and material records for a period
of three (3) years after notification of the dispute, claim, litigation, or appeal, or
until the dispute, appeal, litigation or claim has been finally resolved or
adjudicated, whichever is later.
City understands and agrees that District, at all times under this Agreement, has
the right to audit financial or other records, which City has prepared or which
relate to the work which City is performing for District pursuant to this Agreement
regardless of whether such records have previously been provided to District.
City shall provide District at City's expense a copy of all such records within ten
(10) working days of a written request by District, unless the requested records
are voluminous in nature. In that case, City may extend the time to respond to a
request for records, as provided by the California Public Records Act, set forth in
the California Government Code, and incorporated herein as controlling authority
related to records disclosure. District's right to records shall also include
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 5 of 14
inspection at reasonable times at the City's office or facilities, which are engaged
in the performance of services pursuant to this Agreement. City shall, at no cost
to District furnish reasonable facilities and assistance for such review and audit.
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.
6. INDEPENDENT ANALYSIS: City shall provide the services required by this
Agreement, independent of the control and direction of District, other than normal
contract monitoring provided, however, City shall possess no authority with
respect to any District decision beyond rendition of such information, advice, or
recommendations.
7. ASSIGNMENT: City shall not assign this Agreement or any right or interest
hereunder without express prior written consent of District, nor shall District
assign this Agreement or any right or interest hereunder without express prior
written consent of City.
8. MUTUAL INDEMNIFICATION
A. City agrees to defend, indemnify and hold the District harmless against
and from any and all damages to property or injuries to or death of any
person or persons, including employees or agents of the District, and shall
defend, indemnify and hold harmless the District, its officers, agents and
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 6 of 14
employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, of or by anyone whomsoever, in any
way resulting from or arising out of the negligent or intentional acts, errors
or omissions of the City or any of its officers, agents or employees, unless
otherwise agreed to in writing by City and District.
B. District agrees to defend, indemnify and hold the City harmless against
and from any and all damages to property or injuries to or death of any
person or persons, including employees or agents of the City, and shall
defend, indemnify and hold harmless the City, its officers, agents and
employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, of or by anyone whomsoever, in any
way resulting from or arising out of the negligent or intentional acts, errors,
or omissions of the District or any of its officers, agents or employees,
unless otherwise agreed to in writing by District and City.
9. INSURANCE REQUIREMENTS:
A. 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:
(1) Commercial General Liability (including, without limitation,
Contractual Liability, Personal Injury, Advertising Injury, and
Products/Completed Operations) coverages, with coverage at least
as broad as Insurance Services Office Commercial General Liability
Coverage (occurrence Form CG 0001) with limits no less than one
million dollars ($1,000,000) per Occurrence and two million dollars
($2,000,000) Aggregate for bodily injury, personal injury and
property damage.
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 7 of 14
(a) The deductible or self -insured retention on this Commercial
General Liability shall not exceed $250,000 unless District
has approved of a higher deductible or self -insured retention
in writing.
(b) The Commercial General Liability policy shall be endorsed to
include the District; its agents, officers and employees as
additional insureds in the form as required by the District.
An exemplar endorsement is attached (Exhibit B, Certificate
of Insurance, attached hereto and incorporated herein).
(c) The coverage provided to the District, as an additional
insured, shall be primary and any insurance or self-
insurance maintained by the District shall be excess of the
Service Provider's insurance and shall not contribute to it.
(d) The Commercial General Liability policy shall be endorsed to
include a waiver of transfer of rights of recovery against the
District ("Waiver of Subrogation").
(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
one million dollars ($1,000,000) combined single limit per accident
for bodily injury and property damage.
(3)
Workers' Compensation, statutory limits, is required of the Service
Provider and all sub -consultants (or be a qualified self -insured)
under the applicable laws and in accordance with "Workers'
Compensation and Insurance Act", Division IV of the Labor Code of
the State of California and any Acts amendatory thereof.
Employer's Liability, in an amount of not less than one million
dollars ($1,000,000) each accident, $1,000,000 disease policy limit
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 8 of 14
and $1,000,000 disease each employee. This policy shall be
endorsed to include a waiver of subrogation endorsement, where
permitted by law.
(4) Umbrella or Excess Liability insurance with limits no less than one
million dollars ($1,000,000) per occurrence and aggregate. This
policy must provide excess insurance over the same terms and
conditions required above for the General Liability, Automobile
Liability and Employer's Liability policies.
B. Certificates of insurance coverage 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. A
Certificate of Insurance in a form acceptable to the District, an exemplar
Certificate of Insurance is attached as Exhibit B 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 policies must be endorsed so that the insurer(s)
must notify the District in writing at least 30 days in advance of policy
cancellation. City shall also provide notice to District prior to cancellation
of, or any change in, the stated coverages of insurance.
C. The Certificate of Insurance must delineate the name of the insurance
company affording coverage and the policy number(s) specifically
referenced to each type of insurance, either on the face of the certificate
or on an attachment thereto. If an addendum setting forth multiple
insurance companies or underwriters is attached to the certificate of
insurance, the addendum shall indicate the insurance carrier or
underwriter who is the lead carrier and the applicable policy number for
the CGL coverage.
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 9 of 14
D. 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 City. Each party reserves the right to obtain complete copies
of any of the insurance policies required herein.
10. INDEPENDENT CONTRACTOR: City and any agent or employee of City shall
act in an independent capacity and not as officers or employees of District. The
District assumes no responsibility for taxes, bonds, payments or other
commitments, implied or explicit by or for the City. City shall not have authority
to act as an agent on behalf of the District unless specifically authorized to do so
in writing. City acknowledges that it is aware that because it is an independent
contractor, District is making no deductions from its fee and is not contributing to
any fund on its behalf. City disclaims the right to any fee or benefits except as
expressly provided for in this Agreement.
11. ADVICE OF COUNSEL: The parties agree that they are aware that they have
the right to be advised by counsel with respect to the negotiations, terms and
conditions of this Agreement, and that the decision of whether or not to seek the
advice of counsel with respect to this Agreement is a decision which is the sole
responsibility of each of the parties hereto. This Agreement shall not be
construed in favor of or against either party by reason of the extent to which each
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
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 10 of 14
contained herein of any other party, or any representative, agent or attorney of
any other party.
13. INTEGRATION AND MODIFICATION: This Agreement contains the entire
Agreement between the parties and supersedes all prior negotiations,
discussion, obligations and rights of the parties in respect of each other regarding
the subject matter of this Agreement. There is no other written or oral
understanding between the parties. No modifications, amendment or alteration
of this Agreement shall be valid unless it is in writing and signed by the parties
hereto.
14. TERMINATION: In addition to any other rights and remedies allowed by law,
either party may terminate this Agreement at the end of a service year with or
without cause by giving at least six (6) months written notice prior to the start of
the next year of service to the other parties of such termination and specifying
the effective date thereof.
In that event, all finished or unfinished documents and other materials, in
possession of City that are the property of District, at the option of District, shall
be delivered by City to the Don L. Nay Port Administration Building (located at
3165 Pacific Highway, San Diego, California 92101). Termination of this
Agreement by Executive Director (President/CEO) as provided in this paragraph
shall release District from any further fee hereunder by City other than the fees
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
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 11 of 14
mediation administered at San Diego, California, by the American Arbitration
Association, or by such other provider as the parties may mutually select, prior to
initiating any litigation or arbitration. Notice of any such dispute must be filed in
writing with the other party within a reasonable time after the dispute has arisen.
Any resultant Agreements shall be documented and may be used as the basis
for an amendment or directive as appropriate.
If mediation is unsuccessful in settling all disputes that are not otherwise time
barred, and if both parties agree, any still unresolved disputes may be resolved
by arbitration administered at San Diego, California, by the American Arbitration
Association, or by such other provider as the parties may mutually select,
provided, however, that the Arbitration Award shall be non -binding and advisory
only. Any resultant Agreements shall be documented and may be used as the
basis for an amendment or directive as appropriate. On demand of the arbitrator
or any party to this Agreement, 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. SIGNATURE: It is an express condition of this Agreement that said Agreement
shall not be complete nor effective until signed by the Executive Director
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 12 of 14
(President/CEO) or Authorized Designee on behalf of the District and by the City
Mayor or Authorized Designee of the City.
A. City shall submit all correspondence regarding this Agreement to the
following District representative:
Executive Vice President, Administration
Executive Offices
San Diego Unified Port District
P.O. Box 120488
San Diego, CA 92112-0488
B. District shall submit all correspondence regarding this Agreement to the
following City representative:
Leslie Deese, City Manager
City of National City
1243 National City Blvd.
National City, CA 91950
Tel. (619) 336-4240
cmo@nationalcityca.gov
***END OF PAGE***
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 13 of 14
C. Written notification to the other party shall be provided, in advance, of
changes in the name or address of the designated representative.
SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY
0-Tv-
Wayne barbeau
President/CEO
n Morrison
Mayor
PORT ATTORNEY Attest:
DEPUTY PORT ATTORNEY
proved as to Form:
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 14 of 14
Police Services
ATTACHMENT A
STATEMENT OF SERVICES
CITY OF NATIONAL CITY
Annual Cost
for Services
Based on Actual
2012
Police Department Costs (FY 2012) 16,519,764
Number of Patrol Officers (FTE) 33
Annual Cost per Officer 500,599
Number of Officers Required
Cost of Police Services
Fire and Medical Services
1.18
FY 2013
$590,707.00
$496,888.00
TOTAL POLICE, FIRE AND EMERGENCY MEDICAL
SERVICES $1,087,595.00
Agreement No.: 89-2012; Attachment A
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 1 of 4
CITY OF NATIONAL CITY
Actual Total Police Department Costs - FY 2011-12
100-0000 Part time Salaries 69,967.36
101-0000 Full time Salaries 7,940,759.34
102-0000 Overtime 646,865.40
105-0000 Longevity 13,793.23
107-0000 Educational Incentive Pay 102,745.31
110-0000 Allowances & Stipends 89,463.72
120-0000 Differential Pay 215,522.71
140-0000 Workers'Compensation 779,915.17
150-0000 Health Insurance 912,835.85
151-0000 LTD Insurance 22,761.04
160-0000 Retirement Plan 3,162,480.04
161-0000 Medicare 131,805.64
199-0000 Personnel Compensation 224,157.29
205-0000 Medical Services 41,213.60
217-0000 Investigative Services 6,796.68
222-0000 Memberships & Subscriptions 6,241.33
226-0000 Training, Travel & Subsistence 40,024.96
230-0000 Printing & Binding 8,178.30
250-0000 Postage 584.15
259-0000 K-9 Care and Supplies 14,897.29
261-0000 Emergency Animal Treatment 322,737.24
269-0000 Facility Lease 487,450.00
287-0000 R & M - Communications Equipt. 21,414.18
299-0000 Contract Services 123,987.79
304-0000 Books 1,397.53
305-0000 Medical Supplies 411.89
309-0000 Photographic Supplies 104.49
316-0000 Ammunition 48,873.09
318-0000 Wearing Apparel 6,385.98
318-0002 Wearing Apparel 15,940.59
319-0000 Uniform Accessories 3,244.69
353-0000 Patrol/Crime Lab/Prop. Supplies 28,377.29
Minor Equipment - Less Than
355-0000 $5,000.00 6,767.41
399-0000 Materials & Supplies 31,352.81
511-0000 Automotive Equipment 43,028.76
515-0000 Communications Equipment 3,565.80
755-0000 Info Systems Maint Charge 943,716.00
16,519,763.95
Agreement No.: 89-2012; Attachment A
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 2 of 4
Number of Beat Officers Required
To Staff Service Demand
For Tidelands Non -Tax Paying Areas
Description
Reference Amount
FY 2011-12 calls for service
(CFS) Call for Services 351
Record
FY 2011-12 proactive patrol
(PP)
1.5 hours/patrol X 3 patrol/day 1.5 x 3 x 365 days 1,643
Total beat officer hours,
PP+CFS 1,994
Available beat officer hours per
year
per officer
1,686
Number of Officers required
(FTE) (1994 / 1686) 1.18
for PP + CFS
Agreement No.: 89-2012; Attachment A
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 3 of 4
CITY OF NATIONAL CITY
BEAT OFFICER
AVAILABLE FIELD TIME PER YEAR
Description Reference Amount
Number of workweeks per year 52
Number of workdays per workweek 4
Gross workdays per year 52 x 4 208
Leave days per year:
Vacation (20)
Sick Leave (9.5)
Available field days per year (208 - 29.5) 198.3
Number of field hours per day:
Work hours per day 10
Rest period (1)
Briefing (0.5)
Net field hours per day (10 -1.5) 8.5
Net Available field hours per year (198.3 x 8.5) 1685.55
Agreement No.: 89-2012; Attachment A
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 4 of 4
0
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EXHIBIT B
CERTIFICATE OF INSURANCE
San Diego Unified Port District
By signing this form, the authorized agent or broker certifies the following:
(1) The Policy or Policies described below have been issued by the noted Insurer(s) [Insurance Company(ies)] to the Insured and
is (are) in force at this time.
(2) As required in the Insured's Agreement(s) with the District, the policies include, or have been endorsed to include, the
coverages or conditions of coverage noted on page 2 of this certificate.
(3) Signed copies of all endorsements issued to effect require coverages or conditions of coverage are attached to this
certificate.
Return this form to: San Diego Unified Port District
c/o Ebix BPO
P.O. Box 12010-03
Hemet, CA 92546 — OR-
E -mail: sdupd@prod.certificatesnow.com —OR-
Fax: 1-866-866-6516
Name and Address of Insured (Contractor or Vendor)
SDUPD Agreement
This certificate applies to
connection with all Agreements
Number
all operations of named insureds property in
between the District and Insured.
CO LTR
TYPE OF INSURANCE
POLICY NO.
DATES
LIMITS
Commercial General Liability
Commencement Date:
Expiration Date:
Each Occurrence:
$
1 Occurrence Form
❑ Claims -made Form
Retro Date
General Aggregate:
$
Liquor Liability
Deductible/SIR: $
Commercial Automobile Liability
❑ All Autos
❑ Owned Autos
❑ Non -Owned & Hired Autos
Commencement Date:
Expiration Date:
Each Occurrence:
$
Workers Compensation —Statutory
Employer's Liability
Commencement Date:
Expiration Date:
E.L. Each Accident $
E.L. Disease Each Employee $
E.L. Disease Policy Limit $
Professional Liability
❑ Claims Made
Retro-Active Date
Commencement Date:
Expiration Date:
Each Claim
$
Excess/Umbrella Liability
Commencement Date:
Expiration Date:
Each Occurrence: $
General Aggregate:$
CO LTR
COMPANIES AFFORDING COVERAGE
BEST'S RATING
A
B
C
D
A. M. Best Financial Ratings of Insurance Companies Affording Coverage Must be A- VII or Better unless Approved in Writing by the District.
Name and Address of Authorized Agent(s) or Broker(s)
E-Mail Address:
Phone: Fax Number:
Signature of Authorized Agent(s) or Broker(s)
Date:
Agreement No. 89-2012; Exhibit B
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 1 of 2
SAN DIEGO UNIFIED PORT DISTRICT
REQUIRED INSURANCE ENDORSEMENT
ENDORSEMENT NO.
EFFECTIVE DATE POLICY NO.
NAMED INSURED:
GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES):
All written Agreements, contracts and leases with the San Diego Unified Port District and/or any
and all activities or work performed on district premises
All written Agreements, contracts, and leases with the San Diego Unified Port District
and/or any and all activities or work performed on District owned premises.
Notwithstanding any inconsistent statement in the policy to which this endorsement is
attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The San Diego Unified Port District, its officers, agents, and employees are additional
insureds in relation to those operations, uses, occupations, acts, and activities described
generally above, including activities of the named insured, its officers, agents, employees or
invitees, or activities performed on behalf of the named insured.
2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance
or self -insured retention carried by the San Diego Unified Port District will be called upon to
contribute to a loss covered by insurance for the named insured.
3. This endorsement shall include a waiver of transfer of rights of recovery against the San
Diego Unified Port District ("Waiver of Subrogation").
4. 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.
5. 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. 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 TO:
San Diego Unified Port District
c/o Ebix BPO
P.O. Box 12010-03
Hemet, CA 92546
San Diego, CA 92168-1639 — OR —
Email to: sdupd@prod.certificatesnow.com — OR —
Fax: 1-866-866-6516
Agreement No. 89-2012; Exhibit B
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 2 of 2
RESOLUTION NO. 2013 — 44
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT
FOR POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES
WHEREAS, the San Diego Unified Port District ("District") contracts for police,
fire, and emergency medical services on tidelands with each of the local cities containing
tidelands within their jurisdiction boundaries; and
WHEREAS, pursuant to such agreements with local cities, 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, on December 15, 2009, the City Council adopted Resolution No.
2009-293, approving an Agreement with the District for National City to provide police, fire and
emergency medical services from July 1, 2009 through June 30, 2012, on properties located on
National City's tidelands; and
WHEREAS, resulting from protracted negotiations, the Agreement, was extended
through City Council approved amendments on May 15, October 2, and December 4, 2012,
expiring March 31, 2013; and
WHEREAS, negotiations have concluded resulting in an Agreement for police,
fire and emergency medical services from July 1, 2012 through June 30, 2021.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute Agreement Number 89-2012 for National
City to provide police, fire and emergency medical services to Port District tidelands and
property, beginning July 1, 2012 through June 30, 2012, located within National City
boundaries.
PASSED and ADOPTED this 19th day of March, 201
ATTEST:
Michael R. Dalla it CI y Clerk
ROVED AS TO FORM:
tua Silva
City Att
Ron Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on March 19,
2013 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: Councilmember Natividad.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
u A
CI rk of the City of lion
City al City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-44 of the City of National City, California, passed and adopted
by the Council of said City on March 19, 2013,
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
IEETING DATE: March 19, 2013
AGENDA ITEM NO. 22
ITEM TITLE:
Resolution of the City Council of the City of National City approving an agreement between the San Diego
Unified Port District and the City of National City for Police, Fire and Emergency Medical Services
PREPARED BY: Stacey Stevenson
PHONE: 336-4308
EXPLANATION:
See attached staff report
DEPARTMENT: F1
APPROVED B
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
mance
MIS
Current Agreement (FY 2013)
Proposed Agreement (FY 2013)
Difference
001-11000-3556
$586,602
$590,707
$4,105
001-12125-3556
$202,494
$496,888
$294,394
Total
$789,096
$1,087,595
$298,499
ENVIRONMENTAL REVIEW:
This is not a project and therefore is not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
It is staff's recommendation that the City Council approval this agreement with the San Diego Unified Port
District for Police, Fire and Emergency Medical Services for the period July 1, 2012 through June 30, 2021.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Staff Report
2. Resolution
3. Agreement No. 89-2012 Between the San Diego Unified Port District and the City of National City
M-+ CALIFORNIA
Iwatt
INCORPORATED
City Council Staff Report
March 19, 2013
ITEM
Staff Report: Resolution of the City Council of the City of National City approving an agreement
between the San Diego Unified Port District and the City of National City for Police, Fire and
Emergency Medical Services
BACKGROUND
The San Diego Unified Port District (Port) contracts for Police, Fire and Emergency Medical
Services on tidelands with each of the local cities containing tidelands within their jurisdictional
boundaries. The most recent agreement between the Port and the City of National City (City)
was entered into on July 1, 2009. Resulting from protracted negotiations, said agreement, set to
expire on June 30, 2012 was extended three times through City Council approved amendments.
Having concluded negotiations, staff brings forward a new agreement for a nine year term: July
1, 2012 through June 30, 2021.
DISCUSSION
Under the term of the proposed agreement, the City of National City Police and Fire
Departments will provide Police, Fire and Emergency Medical Services on Port tidelands within
National City boundaries. Key terms of the proposed agreement include the following:
• Compensation for Fiscal Year 2013 shall be a not to exceed baseline rate of $1,087,595; a
$298,499 increase over the current agreement.
• Compensation for Fiscal Years 2014 through 2021 shall be calculated on an annual
escalation based on the San Diego County Consumer Price Index (CPI). If the Port's
operating growth is less than CPI, the compensation shall be adjusted based on the Port's
financial performance.
• The nine year agreement includes the option to re-evaluate services needed every three
years, as needed.
• The Port may reduce the level of service or adjust compensation based on unanticipated
events.
Page 2
Staff Report — Resolution of the City Council of the City of National City approving an
agreement between the San Diego Unified Port District and the City of National City for Police,
Fire and Emergency Medical Services
March 19, 2013
RECOMMENDATION
It is staff's recommendation that the City Council approval this agreement with the San Diego
Unified Port District for Police, Fire and Emergency Medical Services for the period July 1,
2012 through June 30, 2021.
FISCAL IMPACT
During the first year of the agreement, the City's revenue will increase by up to $298,499.
Current Agreement
(FY 2013)
Proposed Agreement
(FY 2013)
Difference
(Increase)
Police
$586,602
$590,707
$4,105
Fire
$202,494
$496,888
$294,394
Total
$789,096
$1,087,595
$298,499
Revenue to the City for the remaining eight (8) years of the agreement will be based upon CPI
and the Port's operating revenue growth.
AGREEMENT BETWEEN
SAN DIEGO UNIFIED PORT DISTRICT
and
CITY OF NATIONAL CITY
for
POLICE, FIRE AND EMERGENCY MEDICAL SERVICES
AGREEMENT NO. 89-2012
The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, herein called "District" and the CITY OF NATIONAL CITY; a municipal
corporation, herein called "City."
RECITALS:
WHEREAS, the San Diego Unified Port District Act allows the District to contract with
the Municipalities whose territorial limits are adjacent to or contiguous to those of the
District for police, fire and other services, and;
WHEREAS, the District and the City desire to execute an Agreement for police, fire and
emergency medical services on non -ad valorem tideland trust property located in the
City ("Agreement"), and;
WHEREAS, the City has the capacity to provide police, fire and emergency medical
services to said District property;
NOW, THEREFORE, it is mutually understood and agreed by and between the parties
as follows:
1. SCOPE OF SERVICES
A. This Agreement covers reimbursement of the cost of police, fire and
emergency medical (EMS) services to be provided by the City upon the
District's tidelands and property within the City's limits, which do not
generate ad valorem tax revenues, as depicted in Exhibit A, Non Tax
Paying Tidelands in the City of National City, incorporated by reference as
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
ORIGINAL
Page 1 of 14
though fully set forth herein. Those properties include, but are not limited
to, non -dedicated streets, parks and other open space, unleased
developed properties, leased properties wherein the lessee is not subject
to ad valorem taxes (with the exception of properties leased to the City),
and unleased vacant land. Nothing herein contained shall give the City
the right to use or occupy any District real or personal property, or to
otherwise use the services of the District or its employees.
City shall provide police, fire and emergency medical services as
contained in the Statement of Services established as the baseline service
level, attached hereto as Attachment A and incorporated by reference as
though fully set forth herein.
B. Services under this Agreement shall be 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.
C. District may reduce level of service or adjust compensation based on
unanticipated events, including but not limited to:
• Unanticipated events/needs that would require District expense
budget cuts.
• Significant bad debt, significant pension cost increases, pollution
remediation, significant loss or settlement payment from litigation.
• Major Maintenance project necessary for preservation of existing
revenue stream or prior capital investment.
• Unforeseen need to comply with current regulatory requirement or
legal mandate.
• District's need to replenish operating reserves when reserves go
below the current policy.
D. Service levels may be adjusted in the event of exogenous shocks as a
result of acts of nature and/or catastrophic events (e.g., storms, wildfires,
and/or 9/11 type incidents).
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 2 of 14
E. District and City shall have the option to re-evaluate service needs every
three (3) years, as needed (i.e., substantial changes in service needs from
increased activity resulting in negative impact to public safety or mutually
determined unsatisfactory service conditions on tidelands, or a significant
change in the non -taxpaying tidelands). If the need for re-evaluation is
mutually determined by District and City, discussions may start on the
third contract year and any decisions made may apply to the fourth
contract year.
F. Should service levels require adjustment, City shall provide to District a
detailed summary of changes to service levels. Upon approval by District,
the service level adjustment shall be incorporated as an amendment to the
Agreement.
2. TERM OF AGREEMENT: This Agreement covers services rendered from July
1, 2012 through June 30, 2021, subject to earlier termination as provided herein.
3. COMPENSATION:
A. In consideration of the foregoing performances by the City, District shall pay
City an amount not to exceed the baseline rate $1,087,595.00 for Fiscal
Year 12/13 for services contained in the Statement of Services, referenced
as Attachment A. Compensation for Fiscal Year 13/14 through Fiscal Year
20/21 shall be calculated on an annual escalation based on San Diego
County Consumer Price Index (CPI), except for years when the District's
actual percentage increase in operating revenue' is less than the CPI. CPI
will be based on the index change from the prior calendar year.
' The operating revenues used in this formula include certain exclusions, such as pass through revenues,
restricted revenues, significant one-time revenue increases or decreases, and any significant unforeseen
substantial expenses greater than $500,000 in the aggregate (e.g., loss or settlement payment from
litigation, any unforeseen equipment breakdown like HVAC).
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 3 of 14
B. If the District's operating revenue growth is less than the CPI, the
compensation shall be adjusted based on the District's financial
performance and service level shall be reduced accordingly in collaboration
with City. -District shall provide the City the prior fiscal year's revenue growth
no later than December 31 of the following fiscal year.
Example: FY13/14 revenue growth will be calculated after the fiscal year
has ended on June 30, 2014 and the financial reports are completed. No
later than December 2014, the District will provide the compensation
adjustment to the City to coincide with the preparation of the city's FY 15/16
budget. The adjustment will be effective for the FY15/16 compensation.
C. Yearly escalation based on CPI shall not exceed 4%.
Example:
CPI 2012= 4.5%
District's Revenue Growth FY 13/14= 5%
Escalation will be capped at 4%.
D. If the District's operating revenue growth is negative, adjustment may not be
lower than -4%.
Example:
CPI 2012= 3%
District's Revenue Growth FY 13/14 = -6%
Adjustment will be -4%
E. City shall submit written requests for reimbursement to District for equal
quarterly payments under this Agreement. Written requests shall be
submitted on a quarterly basis, at the end of each fiscal quarter. District
agrees to make reimbursement payments to the City within thirty (30) days
of receipt of a properly prepared request for reimbursement.
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 4 of 14
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 and
prepared and maintained in the regular course of business, may include 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, and 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 maintained in accordance with applicable laws and policies of the State
of California and City of National City related to records retention. Generally, all
records set forth herein shall be maintained for at least three (3) years from the
date of termination of this Agreement.
If City is notified by District of a dispute, claim, litigation, or appeal arising from
this Agreement, City shall maintain applicable and material records for a period
of three (3) years after notification of the dispute, claim, litigation, or appeal, or
until the dispute, appeal, litigation or claim has been finally resolved or
adjudicated, whichever is later.
City understands and agrees that District, at all times under this Agreement, has
the right to audit financial or other records, which City has prepared or which
relate to the work which City is performing for District pursuant to this Agreement
regardless of whether such records have previously been provided to District.
City shall provide District at City's expense a copy of all such records within ten
(10) working days of a written request by District, unless the requested records
are voluminous in nature. In that case, City may extend the time to respond to a
request for records, as provided by the California Public Records Act, set forth in
the California Government Code, and incorporated herein as controlling authority
related to records disclosure. District's right to records shall also include
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 5 of 14
inspection at reasonable times at the City's office or facilities, which are engaged
in the performance of services pursuant to this Agreement. City shall, at no cost
to District furnish reasonable facilities and assistance for such review and audit.
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.
6. INDEPENDENT ANALYSIS: City shall provide the services required by this
Agreement, independent of the control and direction of District, other than normal
contract monitoring provided, however, City shall possess no authority with
respect to any District decision beyond rendition of such information, advice, or
recommendations.
7. ASSIGNMENT: City shall not assign this Agreement or any right or interest
hereunder without express prior written consent of District, nor shall District
assign this Agreement or any right or interest hereunder without express prior
written consent of City.
8. MUTUAL INDEMNIFICATION
A. City agrees to defend, indemnify and hold the District harmless against
and from any and all damages to property or injuries to or death of any
person or persons, including employees or agents of the District, and shall
defend, indemnify and hold harmless the District, its officers, agents and
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 6 of 14
employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, of or by anyone whomsoever, in any
way resulting from or arising out of the negligent or intentional acts, errors
or omissions of the City or any of its officers, agents or employees, unless
otherwise agreed to in writing by City and District.
B. District agrees to defend, indemnify and hold the City harmless against
and from any and all damages to property or injuries to or death of any
person or persons, including employees or agents of the City, and shall
defend, indemnify and hold harmless the City, its officers, agents and
employees, from any and all claims, demands, suits, actions or
proceedings of any kind or nature, of or by anyone whomsoever, in any
way resulting from or arising out of the negligent or intentional acts, errors,
or omissions of the District or any of its officers, agents or employees,
unless otherwise agreed to in writing by District and City.
9. INSURANCE REQUIREMENTS:
A. 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:
(1) Commercial General Liability (including, without limitation,
Contractual Liability, Personal Injury, Advertising Injury, and
Products/Completed Operations) coverages, with coverage at least
as broad as Insurance Services Office Commercial General Liability
Coverage (occurrence Form CG 0001) with limits no less than one
million dollars ($1,000,000) per Occurrence and two million dollars
($2,000,000) Aggregate for bodily injury, personal injury and
property damage.
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 7 of 14
(a) The deductible or self -insured retention on this Commercial
General Liability shall not exceed $250,000 unless District
has approved of a higher deductible or self -insured retention
in writing.
(b) The Commercial General Liability policy shall be endorsed to
include the District; its agents, officers and employees as
additional insureds in the form as required by the District.
An exemplar endorsement is attached (Exhibit B, Certificate
of Insurance, attached hereto and incorporated herein).
(c)
The coverage provided to the District, as an additional
insured, shall be primary and any insurance or self-
insurance maintained by the District shall be excess of the
Service Provider's insurance and shall not contribute to it.
(d) The Commercial General Liability policy shall be endorsed to
include a waiver of transfer of rights of recovery against the
District ("Waiver of Subrogation").
(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
one million dollars ($1,000,000) combined single limit per accident
for bodily injury and property damage.
(3)
Workers' Compensation, statutory limits, is required of the Service
Provider and all sub -consultants (or be a qualified self -insured)
under the applicable laws and in accordance with "Workers'
Compensation and Insurance Act", Division IV of the Labor Code of
the State of California and any Acts amendatory thereof.
Employer's Liability, in an amount of not less than one million
dollars ($1,000,000) each accident, $1,000,000 disease policy limit
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 8 of 14
and $1,000,000 disease each employee. This policy shall be
endorsed to include a waiver of subrogation endorsement, where
permitted by law.
(4) Umbrella or Excess Liability insurance with limits no less than one
million dollars ($1,000,000) per occurrence and aggregate. This
policy must provide excess insurance over the same terms and
conditions required above for the General Liability, Automobile
Liability and Employer's Liability policies.
B. Certificates of insurance coverage 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. A
Certificate of Insurance in a form acceptable to the District, an exemplar
Certificate of Insurance is attached as Exhibit B 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 policies must be endorsed so that the insurer(s)
must notify the District in writing at least 30 days in advance of policy
cancellation. City shall also provide notice to District prior to cancellation
of, or any change in, the stated coverages of insurance.
C. The Certificate of Insurance must delineate the name of the insurance
company affording coverage and the policy number(s) specifically
referenced to each type of insurance, either on the face of the certificate
or on an attachment thereto. If an addendum setting forth multiple
insurance companies or underwriters is attached to the certificate of
insurance, the addendum shall indicate the insurance carrier or
underwriter who is the lead carrier and the applicable policy number for
the CGL coverage.
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 9 of 14
D. 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 City. Each party reserves the right to obtain complete copies
of any of the insurance policies required herein.
10. INDEPENDENT CONTRACTOR: City and any agent or employee of City shall
act in an independent capacity and not as officers or employees of District. The
District assumes no responsibility for taxes, bonds, payments or other
commitments, implied or explicit by or for the City. City shall not have authority
to act as an agent on behalf of the District unless specifically authorized to do so
in writing. City acknowledges that it is aware that because it is an independent
contractor, District is making no deductions from its fee and is not contributing to
any fund on its behalf. City disclaims the right to any fee or benefits except as
expressly provided for in this Agreement.
11. ADVICE OF COUNSEL: The parties agree that they are aware that they have
the right to be advised by counsel with respect to the negotiations, terms and
conditions of this Agreement, and that the decision of whether or not to seek the
advice of counsel with respect to this Agreement is a decision which is the sole
responsibility of each of the parties hereto. This Agreement shall not be
construed in favor of or against either party by reason of the extent to which each
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
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 10 of 14
contained herein of any other party, or any representative, agent or attorney of
any other party.
13. INTEGRATION AND MODIFICATION: This Agreement contains the entire
Agreement between the parties and supersedes all prior negotiations,
discussion, obligations and rights of the parties in respect of each other regarding
the subject matter of this Agreement. There is no other written or oral
understanding between the parties. No modifications, amendment or alteration
of this Agreement shall be valid unless it is in writing and signed by the parties
hereto.
14. TERMINATION: In addition to any other rights and remedies allowed by law,
either party may terminate this Agreement at the end of a service year with or
without cause by giving at least six (6) months written notice prior to the start of
the next year of service to the other parties of such termination and specifying
the effective date thereof.
In that event, all finished or unfinished documents and other materials, in
possession of City that are the property of District, at the option of District, shall
be, delivered by City to the Don L. Nay Port Administration Building (located at
3165 Pacific Highway, San Diego, California 92101). Termination of this
Agreement by Executive Director (President/CEO) as provided in this paragraph
shall release District from any further fee hereunder by City other than the fees
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
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 11 of 14
mediation administered at San Diego, California, by the American Arbitration
Association, or by such other provider as the parties may mutually select, prior to
initiating any litigation or arbitration. Notice of any such dispute must be filed in
writing with the other party within a reasonable time after the dispute has arisen.
Any resultant Agreements shall be documented and may be used as the basis
for an amendment or directive as appropriate.
If mediation is unsuccessful in settling all disputes that are not otherwise time
barred, and if both parties agree, any still unresolved disputes may be resolved
by arbitration administered at San Diego, California, by the American Arbitration
Association, or by such other provider as the parties may mutually select,
provided, however, that the Arbitration Award shall be non -binding and advisory
only. Any resultant Agreements shall be documented and may be used as the
basis for an amendment or directive as appropriate. On demand of the arbitrator
or any party to this Agreement, 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. SIGNATURE: It is an express condition of this Agreement that said Agreement
shall not be complete nor effective until signed by the Executive Director
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 12 of 14
(President/CEO) or Authorized Designee on behalf of the District and by the City
Mayor or Authorized Designee of the City.
A. City shall submit all correspondence regarding this Agreement to the
following District representative:
Executive Vice President, Administration
Executive Offices
San Diego Unified Port District
P.O. Box 120488
San Diego, CA 92112-0488
B. District shall submit all correspondence regarding this Agreement to the
following City representative:
Leslie Deese, City Manager
City of National City
1243 National City Blvd.
National City, CA 91950
Tel. (619) 336-4240
cmo@nationalcityca.gov
***END OF PAGE***
Agreement No.: 89-2012
Party to Agreement City of National City
Requesting Department: Executive Offices
Page 13 of 14
C. Written notification to the other party shall be provided, in advance, of
changes in the name or address of the designated representative.
SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY
Wayne Darbeau
President/CEO
Ron Morrison
Mayor
PORT ATTORNEY Attest:
City Clerk
Approved as to Form:
City Attorney
Agreement No.: 89-2012
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 14 of 14
Police Services
ATTACHMENT A
STATEMENT OF SERVICES
CITY OF NATIONAL CITY
Annual Cost
for Services
Based on Actual
2012
Police Department Costs (FY 2012) 16,519,764
Number of Patrol Officers (FTE) 33
Annual Cost per Officer 500,599
Number of Officers Required
Cost of Police Services
Fire and Medical Services
1.18
TOTAL POLICE, FIRE AND EMERGENCY MEDICAL
FY 2013
$590,707.00
$496,888.00
SERVICES $1,087,595.00
Agreement No.: 89-2012; Attachment A
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 1 of 4
CITY OF NATIONAL CITY
Actual Total Police Department Costs - FY 2011-12
100-0000 Part time Salaries 69,967.36
101-0000 Full time Salaries 7,940,759.34
102-0000 Overtime 646,865.40
105-0000 Longevity 13,793.23
107-0000 Educational Incentive Pay 102,745.31
110-0000 Allowances & Stipends 89,463.72
120-0000 Differential Pay 215,522.71
140-0000 Workers'Compensation 779,915.17
150-0000 Health Insurance 912,835.85
151-0000 LTD Insurance 22,761.04
160-0000 Retirement Plan 3,162,480.04
161-0000 Medicare 131,805.64
199-0000 Personnel Compensation 224,157.29
205-0000 Medical Services 41,213.60
217-0000 Investigative Services 6,796.68
222-0000 Memberships & Subscriptions 6,241.33
226-0000 Training, Travel & Subsistence 40,024.96
230-0000 Printing & Binding 8,178.30
250-0000 Postage 584.15
259-0000 K-9 Care and Supplies 14,897.29
261-0000 Emergency Animal Treatment 322,737.24
269-0000 Facility Lease 487,450.00
287-0000 R & M - Communications Equipt. 21,414.18
299-0000 Contract Services 123,987.79
304-0000 Books 1,397.53
305-0000 Medical Supplies 411.89
309-0000 Photographic Supplies 104.49
316-0000 Ammunition 48,873.09
318-0000 Wearing Apparel 6,385.98
318-0002 Wearing Apparel 15,940.59
319-0000 Uniform Accessories 3,244.69
353-0000 Patrol/Crime Lab/Prop. Supplies 28,377.29
Minor Equipment - Less Than
355-0000 $5,000.00 6,767.41
399-0000 Materials & Supplies 31,352.81
511-0000 Automotive Equipment 43,028.76
515-0000 Communications Equipment 3,565.80
755-0000 Info Systems Maint Charge 943,716.00
16,519,763.95
Agreement No.: 89-2012; Attachment A
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 2 of 4
Number of Beat Officers Required
To Staff Service Demand
For Tidelands Non -Tax Paying Areas
Description
Reference Amount
FY 2011-12 calls for service
(CFS) Call for Services 351
Record
FY 2011-12 proactive patrol
(PP)
1.5 hours/patrol X 3 patrol/day 1.5 x 3 x 365 days 1,643
Total beat officer hours,
PP+CFS 1,994
Available beat officer hours per
year
per officer
1,686
Number of Officers required
(FTE) (1994 / 1686) 1.18
for PP + CFS
Agreement No.: 89-2012; Attachment A
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 3 of 4
CITY OF NATIONAL CITY
BEAT OFFICER
AVAILABLE FIELD TIME PER YEAR
Description Reference Amount
Number of workweeks per year 52
Number of workdays per workweek 4
Gross workdays per year 52 x 4 208
Leave days per year:
Vacation (20)
Sick Leave (9.5)
Available field days per year (208 - 29.5) 198.3
Number of field hours per day:
Work hours per day
Rest period
Briefing
Net field hours per day
(10 -1.5)
10
(1)
(0.5)
8.5
Net Available field hours per year (198.3 x 8.5) 1685.55
Agreement No.: 89-2012: Attachment A
Party to Agreement: City of National City
Requesting Department: Executive offices
Page 4 of 4
EXHIBIT A
Non Tax Paying Tidelands in the
City of National City
Agreement No.: 89-2012; ExhibitA
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 1 of 1
EXHIBIT B
CERTIFICATE OF INSURANCE
San Diego Unified Port District
By signing this form, the authorized agent or broker certifies the following:
(1) The Policy or Policies described below have been issued by the noted Insurer(s) [Insurance Company(ies)] to the Insured and
is (are) in force at this time.
(2) As required in the Insured's Agreement(s) with the District, the policies include, or have been endorsed to include, the
coverages or conditions of coverage noted on page 2 of this certificate.
(3) Signed copies of all endorsements issued to effect require coverages or conditions of coverage are attached to this
certificate.
Return this form to: San Diego Unified Port District
c/o Ebix BPO
P.O. Box 12010-03
Hemet, CA 92546 — OR-
E -mail: sdupd@prod.certificatesnow.com —OR-
Fax: 1-866-866-6516
Name and Address of Insured (Contractor or Vendor)
SDUPD Agreement
This certificate applies to
connection with all Agreements
Number
all operations of named insureds property in
between the District and Insured.
CO LTR
TYPE OF INSURANCE
POLICY NO.
DATES
LIMITS
Commercial General Liability
Commencement Date:
Expiration Date:
Each Occurrence:
$
Occurrence Form
Claims -made Form
Retro Date
General Aggregate:
$
❑ Liquor Liability
Deductible/SIR: $
Commercial Automobile Liability
❑ All Autos
❑ Owned Autos
❑ Non -Owned & Hired Autos
Commencement Date:
Expiration Date:
Each Occurrence:
$
Workers Compensation —Statutory
Employer's Liability
Commencement Date:
Expiration Date:
E.L. Each Accident $
E.L. Disease Each Employee $
E.L. Disease Policy Limit $
Professional Liability
❑ Claims Made
Retro-Active Date
Commencement Date:
Expiration Date:
Each Claim
$
Excess/Umbrella Liability
Commencement Date:
Expiration Date:
Each Occurrence: $
General Aggregate:$
CO LTR
COMPANIES AFFORDING COVERAGE
BEST'S RATING
A
B
C
D
A. M. Best Financial Ratings of Insurance Companies Affording Coverage Must be A- VII or Better unless Approved in Writing by the District.
Name and Address of Authorized Agent(s) or Broker(s)
E-Mail Address:
Phone: Fax Number:
Signature of Authorized Agent(s) or Broker(s)
Date:
Agreement No. 89-2012; Exhibit B
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 1 of 2
SAN DIEGO UNIFIED PORT DISTRICT
REQUIRED INSURANCE ENDORSEMENT
ENDORSEMENT NO.
EFFECTIVE DATE POLICY NO.
NAMED INSURED:
GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES):
All written Agreements, contracts and leases with the San Diego Unified Port District and/or any
and all activities or work performed on district premises
All written Agreements, contracts, and leases with the San Diego Unified Port District
and/or any and all activities or work performed on District owned premises.
Notwithstanding any inconsistent statement in the policy to which this endorsement is
attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The San Diego Unified Port District, its officers, agents, and employees are additional
insureds in relation to those operations, uses, occupations, acts, and activities described
generally above, including activities of the named insured, its officers, agents, employees or
invitees, or activities performed on behalf of the named insured.
2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance
or self -insured retention carried by the San Diego Unified Port District will be called upon to
contribute to a loss covered by insurance for the named insured.
3. This endorsement shall include a waiver of transfer of rights of recovery against the San
Diego Unified Port District ("Waiver of Subrogation").
4. 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.
5. 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. 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 TO:
San Diego Unified Port District
c/o Ebix BPO
P.O. Box 12010-03
Hemet, CA 92546
San Diego, CA 92168-1639 — OR —
Email to: sdupd@prod.certificatesnow.com — OR —
Fax: 1-866-866-6516
Agreement No. 89-2012: Exhibit B
Party to Agreement: City of National City
Requesting Department: Executive Offices
Page 2of2
RESOLUTION NO. 2013 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT
FOR POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES
WHEREAS, the San Diego Unified Port District ("District") contracts for police,
fire, and emergency medical services on tidelands with each of the local cities containing
tidelands within their jurisdiction boundaries; and
WHEREAS, pursuant to such agreements with local cities, 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, on December 15, 2009, the City Council adopted Resolution No.
2009-293, approving an Agreement with the District for National City to provide police, fire and
emergency medical services from July 1, 2009 through June 30, 2012, on properties located on
National City's tidelands; and
WHEREAS, resulting from protracted negotiations, the Agreement, was extended
through City Council approved amendments on May 15, October 2, and December 4, 2012,
expiring March 31, 2013; and
WHEREAS, negotiations have concluded resulting in an Agreement for police,
fire and emergency medical services from July 1, 2012 through June 30, 2021.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute Agreement Number 89-2012 for National
City to provide police, fire and emergency medical services to Port District tidelands and
property, beginning July 1, 2012 through June 30, 2012, located within National City
boundaries.
PASSED and ADOPTED this 19th day of March, 2013.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
Ron Morrison, Mayor
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
March 21, 2013
Ms. Karen Porteous
San Diego Unified Port District
P.O. Box 120488
San Diego, CA 92112-0488
Dear Ms. Porteous,
On March 19th, 2013, Resolution No. 2013-44 was passed and adopted by the City
Council of the City of National City, authorizing execution of 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 a fully executed original Agreement to us for our
files.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosures
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o,' �3
RECEIVED APR 2 2 ,WW3
Ogr-
Pro-
Unified Port
Cc;
0 (0.4,4C_ 3165 Pacific Highway, San Diego, CA 92101
P.O. Box 120488, San Diego, CA 92112-0488
of San Diego C -(G(4,‘ )
LETTER OF TRANSMITTAL
April 18, 2013
Leslie Deese, City Manager
City of National City
1243 National City Blvd.
National City, CA 91950
Subject: AGREEMENT NO 89-2012:
Police, Fire and Emergency Medical Services
WE ARE TRANSMITTING VIA EXPRESS DELIVERY:
619.686.6200 www.portofsandiego.org
[X] Services Agreement [X] For Your Records
Executed Duplicate -Original Copy
COMMENTS:
Please cite Agreement No.89-2012 in correspondence and invoices pertaining to this
agreement.
Robin Davis
Administrative Assistant II
Procurement Services Department
San Diego Unified Port District