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HomeMy WebLinkAbout2014 CON San Diego Port District - Wayfinding Signage ProgramNOTE TO FILE 04-28-16 IN THE MATTER OF: Authorizing the Mayor to execute a Memorandum of Understanding (MOU) between the San Diego Unified Port District and the City of National City for the National City Wayfinding Signage Program wherein the Port District agrees to reimburse National City for project costs in an amount not to exceed $250,000, and authorizing the appropriation of $250,000 to the Wayfinding Signage Program through the general fund, to be reimbursed by the Port District. Please note the following: NO FULLY EXECUTED ORIGINAL MOU WAS FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: NTF CDC Housing & Grants City Attorney Human Resources City Manager MIS Community Svcs. Planning X Engineering Police Finance Public Works Fire MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR FUNDING FOR THE WAYFINDING SIGNAGE PROGRAM This MEMORANDUM OF UNDERSTANDING is entered into by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City,": WHEREAS, the District approved Board of Port Commissioners (BPC) Policy No. 120, to establish funding for the development or improvement of the capital assets of the Port District through a Capital Improvement Program (CIP) policy. WHEREAS, the District, on July 6, 2010, established the Maritime Terminal Impact Fund (MTIF) with an initial capital contribution of Five Hundred Thousand dollars ($500,000) with annual one-half of one percent (.5%) of gross maritime terminal revenues earned from the operation of the Tenth Avenue Marine Terminal and The National City Marine Terminal annually. WHEREAS, the District includes as part of its BPC Policy No. 120, a provision for the inclusion of off -tidelands projects in the CIP. WHEREAS, the District, as stated in Policy No. 120, defines "Off Tideland Impacts" as impacts to communities adjacent to, directly associated with, or which are a result of the District's maritime terminals and other operations, which are of a unique, adverse or exclusionary nature. WHEREAS, the District amended BPC Policy No. 120, on March 4, 2014, to allow out of cycle project requests to be considered by the BPC for Maritime Terminal Impact Fund (MTIF) projects. WHEREAS, the City submitted a project request for District funding of the National City Wayfinding Signage Program (the "Project") pursuant to the CIP policy for the MTIF. WHEREAS, the District and the City have had cooperative discussions regarding the Project. WHEREAS, the City has submitted a project application form for the Project requesting up to Two Hundred Fifty Thousand dollars ($250,000) from the District's MTIF for the Project. D2# 912672 1 MOU for Wayfinding Signage Project San Diego Unified Port Distric/City of Naitonal City WHEREAS, the District previously allocated One Hundred Seventy -Five Thousand dollars ($175,000) from the MTIF in the CIP for the Tidelands Avenue and Civic Center Drive Resurfacing project at the request of the City. WHEREAS, the City has requested the District remove the Tidelands Avenue and Civic Center Drive Resurfacing Project from the Fiscal Year 2014-2018 CIP, and reallocate the One Hundred Seventy -Five Thousand dollars ($175,000) in MTIF funds from that project to the Project, in addition to new funding of Seventy -Five Thousand dollars ($75,000) from the District's MTIF to the Project. NOW THEREFORE, the parties hereto agree to enter into this MOU effective as of this 19th day of August, 2014. 1. The term of this MOU shall be two (2) years from the date of District's BPC approval. 2. City shall be solely responsible for the Project and shall act as overall Program Manager for the implementation of the Project. The design and construction may be carried out by the contractor retained by the City with prevailing wages paid. 3. The District agrees to reimburse the City a total amount not to exceed Two Hundred Fifty Thousand dollars ($250,000) to the Project for design and construction. 4. As a prerequisite for payment, the City shall invoice the District for costs necessary to design and construct the Project. The City's invoice to the District shall not exceed fifty percent (50%) of the amount the City has already paid to the Contractor retained by the City who is performing the design or construction work for the Project. The invoice shall be accompanied by invoices and receipts from the contractor and proof of payment by the City for the work. 5. Invoices shall include documentation, to the satisfaction of the District, of all work performed. All invoices for reimbursement shall be received by the District prior to the end of the MOU term. 6. Within thirty (30) days of receipt of the invoice, the District will review the invoices and submit for payment to the City for the reimbursable amount as outlined herein to the City for the Project. 7 City is solely responsible for its fifty -percent (50%) costs share and any other amounts needed to complete the Project over and above the amount provided by the District hereunder. The City's funding may come from grants or other sources as determined by the City. D2# 912672 2 MOU for Wayfinding Signage Project San Diego Unified Port Distric/City of Naitonal City 8. In the event the Project is not completed prior to the end of the MOU term, the City shall pay back all monies provided by the District under this MOU, unless both parties execute a formal amendment to the MOU extending the term due to unforeseen and/or extenuating circumstances prior to the end of the MOU term. 9. Pursuant to Port Act, Section 30.5 District shall notify State Lands Commission of the MOU within ten (10) days of the final execution of the MOU. 10. The District has no obligation under the MOU until the 60-day notice period to State Land's Commission expires without objection from State Land's Commission. 11. The City and District agree the Project's purpose is to: a. direct visitors and residents to key attractions, amenities, and features, located on, or adjacent to, District Tidelands, b. enhance urban design, c. reinforce community identity, d. reduce confusion for drivers, pedestrians, and bicyclists, e. improve access for District tenants, f. improve land use compatibility with roadway network, g. improve traffic flow and enhance safety, and h. mitigate off -tidelands impacts to the adjacent communities from the District's maritime terminals including traffic impacts, difficulty in way finding, and other impacts addressed by the purposes above. 12. The City and District agree that the "Basis of Design" and the "Final Plans and Specifications" for the design and development of the Project shall include: a. The design of the proposed signage including: theme, user, height, size, color, lighting, graphics, language, structure. b. The specifications of signage to be used including: fabrication standards and methods, material, dimensions, fittings, warranty, maintenance, c. The location and direction of each sign, and d. The message for each sign for each location. 13. The City and District agree the "Basis of Design" shall be defined as thirty percent (30%) completion of the Project's design and development phase. D2# 912672 3 MOU for Wayfinding Signage Project San Diego Unified Port Distric/City of Naitonal City 14. The City and District agree the "Final Design Plans and Specifications" are at one hundred percent (100%) of the Project's design and development phase, after approval from the City Planning Commission and City Council, but prior to the City beginning fabrication and installation of signage. 15. The City shall submit the "Basis of Design" for the Project to the District for review, comment and approval. The District shall have forty-five (45) days to review and provide comments in writing to the City. 16. The City shall submit the "Final Design Plans and Specifications" for the Project to the District for review, comment and approval. The District shall have forty-five (45) days to review and provide comments in writing to the City. 17. The District's review comments on the "Basis of Design" and "Final Design Plans and Specifications" for the Project shall not relieve the City of obligations under the terms set forth in this agreement or those by the State or Federal agencies, nor shall it impose any responsibility or liability on District for such design or construction of the Project 18. The District shall have no further obligation to reimburse the City for its costs to contractors for the Project if the District determines the "Basis of Design" or "Final Design Plans and Specifications" for the Project are not consistent with District policy, the Project description or the location, or if the District has any overall Project concerns. 19. In case of any unforeseen circumstances or a dispute relating to this MOU, City and District will meet in good faith to resolve issues. 20. Upon authorization by the Board of Port Commissioners, the District's FY 2014-2018 CIP will be amended to include the Project. The City agrees to the reallocation of MTIF funds of One Hundred Seventy -Five Thousand ($175,000) from the Tidelands Avenue and Civic Center Drive CIP project to the City's Project. 21. The District shall remove the Tidelands Avenue and Civic Center Drive Resurfacing project from the Fiscal Year 2014-2018 CIP. 22. Upon authorization by the District's BPC, the District will provide total funding, not to exceed Two Hundred Fifty Thousand ($250,000) for the Project. The Two Hundred Fifty Thousand ($250,000) funding shall include One Hundred Seventy Five Thousand ($175,000) from the D2# 912672 4 MOU for Wayfinding Signage Project San Diego Unified Port Distric/City of Naitonal City Tidelands Avenue and Civic Center Drive Resurfacing project and an additional Seventy -Five Thousand Dollars ($75,000) from the MTIF. 23. All obligations of the parties under the terms of this MOU are subject to the appropriation of the required resources by the parties and the approval of their respective Councils or Board of Commissioners. 24. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 25. All terms, conditions and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 26. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 27. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 28. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. 29. The City shall indemnify and hold harmless the District and their respective officers, directors, members, employees, agents, partners, joint ventures', affiliates, successors and assigns from and against any and all liabilities, obligations, claims, demands, causes of action, losses, expenses, damages, fines, judgments, settlements and penalties, including, without limitation, costs, expenses and attorneys' fees incident thereto, arising out of, based upon, or occasioned by or in connection with: a. City's performance of (or failure to perform) the Project; b. a violation of any laws or any negligence, gross negligence or willful misconduct by the City or its affiliates, contractors, subcontractors, agents or employees during performance of the Project; D2# 912672 5 MOU for Wayfinding Signage Project San Diego Unified Port Distric/City of Naitonal City c. a breach of this Agreement by the City's contractor or any of its affiliates, subcontractors, agents or employees; and d. injuries allegedly suffered by City's employees, subcontractors, agents or any other person where such are associated with the Project. The aforesaid obligation of indemnity shall be construed so as to extend to all legal, defense and investigation costs, as well as all other reasonable costs, expenses and liabilities incurred by the party indemnified, from and after the time at which the party indemnified receives notification (whether verbal or written) that a claim or demand is to be made or may be made. Except as may be otherwise provided by applicable law or any governmental authority, the City's obligation of indemnification under this section shall not be impaired or diminished by any act, omission, conduct, misconduct, negligence or default (other than gross negligence or willful misconduct) of the District or any employee of the District who contributed or may be alleged to have contributed thereto. IN WITNESS WHEREOF, parties hereto have executed this Memorandum of Understanding as of the day and year first written above. PORT ATTORNEY SAN DIEGO UNIFIED PORT DISTRICT By: By: AP ' OVED AS TO FORM: dia G ilva City Atto D2# 912672 CITY OF NATIONAL CITY on Morrison, Mayor 6 MOU for Wayfinding Signage Project San Diego Unified Port Distric/City of Naitonal City RESOLUTION NO. 2014 — 125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR THE NATIONAL CITY WAYFINDING SIGNAGE PROGRAM WHEREIN THE PORT DISTRICT AGREES TO REIMBURSE NATIONAL CITY FOR PROJECT COSTS IN AN AMOUNT NOT TO EXCEED $250,000, AND AUTHORIZING THE APPROPRIATION OF $250,000 TO THE WAYFINDING SIGNAGE PROGRAM THROUGH THE GENERAL FUND, TO BE REIMBURSED BY THE PORT DISTRICT WHEREAS, the District approved Board of Port Commissioners ("BPC") Policy No. 120, to establish funding for the development or improvement of the capital assets of the Port District through a Capital Improvement Program ("CIP") policy; and WHEREAS, the District, on July 6, 2010, established the Maritime Terminal Impact Fund ("MTIF") with an initial capital contribution of Five Hundred Thousand Dollars ($500,000) with annual one-half of one percent (.5%) of gross maritime terminal revenues earned from the operation of the Tenth Avenue Marine Terminal and The National City Marine Terminal annually; and WHEREAS, the District includes as part of its BPC Policy No. 120, a provision for the inclusion of off -tidelands projects in the CIP; and WHEREAS, the District, as stated in Policy No. 120, defines "Off Tideland Impacts" as impacts to communities adjacent to, directly associated with, or which are a result of the District's maritime terminals and other operations, which are of a unique, adverse or exclusionary nature; and WHEREAS, the District amended BPC Policy No. 120, on March 4, 2014, to allow out of cycle project requests to be considered by the BPC for MTIF projects; and WHEREAS, the City submitted a project request for District funding of the National City Wayfinding Signage Program (the "Project") pursuant to the CIP policy for the MTIF; and WHEREAS, the District and the City have had cooperative discussions regarding the Project; and WHEREAS, the City has submitted a project application form for the Project requesting up to Two Hundred Fifty Thousand Dollars ($250,000) from the District's MTIF for the Project; and WHEREAS, the District previously allocated One Hundred Seventy -Five Thousand dollars ($175,000) from the MTIF in the CIP for the Tidelands Avenue and Civic Center Drive Resurfacing project at the request of the City; and Resolution No. 2014 — 125 Page Two WHEREAS, the City has requested the District to remove the Tidelands Avenue and Civic Center Drive Resurfacing project from the Fiscal Year 2014-2018 CIP and reallocate the One Hundred Seventy -Five Thousand Dollars ($175,000) in MTIF funds from that project to the Project, in addition to new funding of Seventy -Five Thousand dollars ($75,000) from the District's MTIF to the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizing the Mayor to execute a Memorandum of Understanding between the San Diego Unified Port District and the City of National City for the National City Wayfinding Signage Program wherein the Port District agrees to reimburse National City for Project costs in an amount not to exceed $250,000. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of $250,000 to the Wayfinding Signage Program through the General Fund, to be reimbursed by the San Diego Unified Port District. PASSED and ADOPTED this 19th day of August, 20 ATTEST: ei ie dal/ Mich el R. Dalla, Cjky Clerk PROVED AS TO FORM: citua Silva City Atto on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on August 19, 2014 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios. Nays: None. Absent: Councilmembers Cano, Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City CI rk of the City ofational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-125 of the City of National City, California, passed and adopted by the Council of said City on August 19, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT Crd01ti-3\‘ MEETING DATE: August 19, 2014 AGENDA ITEM NO. 16 —ITEM TITLE: A resolution of the City Council of the City of National City, 1) approving the Memorandum of Understanding (MOU) between the San Diego Unified Port District and the City of National City regarding the National City Wayfinding Signage Program wherein the Port District agrees to reimburse National City for project costs in an amount not to exceed $250,000, 2) authorizing the Mayor to execute the MOU, and 3) authorizing the appropriation of $250,000 to the Wayfinding Signage Program, to be reimbursed by the Port District via the terms of the MOU) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: APPROVED: ,i at4 Finance ACCOUNT NO. APPROVED: MIS Appropriate $250,000 to Account No. 296-498-500-598-6189 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution 3. MOU �,E vv\14\--- we b \"-1 Explanation In an effort to attract residents and visitors to commercial, hotel and recreation facilities in and around the Marina District, staff is requesting $250,000 in Maritime Terminal Impact Fund (MTIF) funding through the San Diego Unified Port District to implement a comprehensive Wayfinding Signage program. City staff has coordinated with Port District staff to define the scope of work, responsibilities, and deliverables, which are detailed in the attached memorandum of understanding. Approximately $250,000 in SANDAG Smart Growth Incentive Program (SGIP) grant funds for the Downtown-Westside Community Connections Project is available to be used as a 50% match for a total project budget of $500,000, since implementation of wayfinding signage is an element of the SGIP project. Through the City's partnership with San Diego State University (SDSU) as part of the SAGE Program, students prepared concepts for wayfinding signage for the Marina District and Downtown National City. This effort will reduce design costs and allow for most of the funding to be spent on sign fabrication and installation. Staff will provide a presentation highlighting the students' concepts as part of this staff report. In summary, staff recommends the following City Council actions: 1) approve the Memorandum of Understanding (MOU) between the San Diego Unified Port District and the City of National City regarding the National City Wayfinding Signage Program wherein the Port District agrees to reimburse National City for project costs in an amount not to exceed $250,000, 2) authorize the Mayor to execute the MOU, and 3) authorize the appropriation of $250,000 to the Wayfinding Signage Program, to be reimbursed by the Port District via the terms of the MOU. Matching funds have already been appropriated by City Council as part of the Downtown-Westside Community Connections Project. MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR FUNDING FOR THE WAYFINDING SIGNAGE PROGRAM This MEMORANDUM OF UNDERSTANDING is entered into by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City,": WHEREAS, the District approved Board of Port Commissioners (BPC) Policy No. 120, to establish funding for the development or improvement of the capital assets of the Port District through a Capital Improvement Program (CIP) policy. WHEREAS, the District, on July 6, 2010, established the Maritime Terminal Impact Fund (MTIF) with an initial capital contribution of Five Hundred Thousand dollars ($500,000) with annual one- half of one percent (.5%) of gross maritime terminal revenues earned from the operation of the Tenth Avenue Marine Terminal and The National City Marine Terminal annually. WHEREAS, the District includes as part of its BPC Policy No. 120, a provision for the inclusion of off -tidelands projects in the CIP. WHEREAS, the District, as stated in Policy No. 120, defines "Off Tideland Impacts" as impacts to communities adjacent to, directly associated with, or which are a result of the District's maritime terminals and other operations, which are of a unique, adverse or exclusionary nature. WHEREAS, the District amended BPC Policy No. 120, on March 4, 2014, to allow out of cycle project requests to be considered by the BPC for Maritime Terminal Impact Fund (MTIF) projects. WHEREAS, the City submitted a project request for District funding of the National City Wayfinding Signage Program (Project) pursuant to the CiP policy for the MTIF. WHEREAS, the District and the City have had cooperative discussions regarding the Project. WHEREAS, the City has submitted a project application form for the Project requesting up to Two Hundred Fifty Thousand dollars ($250,000) from the District's MTIF for the Project. WHEREAS, the District previously allocated One Hundred Seventy -Five Thousand dollars ($175,000) from the MTIF in the CIP for the Tidelands Avenue and Civic Center Drive Resurfacing project at the request of the City. WHEREAS, the City has requested the District to remove the Tidelands Avenue and Civic Center Drive Resurfacing project from the Fiscal Year 2014-2018 CIP and reallocate the One Hundred Seventy -Five Thousand dollars ($175,000) in MTIF funds from that project to the D2# 912672 -1- Project, in addition to new funding of Seventy -Five Thousand dollars ($75,000) from the District's MTIF to the Project. NOW THEREFORE, the parties hereto agree to enter into this MOU effective as of this day of , 2014. 1. The term of this MOU shall be 2 years from the date of District's BPC approval. 2. City shall be solely responsible for the Project and shall act as overall Program Manager for the implementation of the Project. The design and construction may be carried out by the contractor retained by the City with prevailing wages paid. 3. The District agrees to reimburse the City a total amount not to exceed Two Hundred Fifty Thousand dollars ($250,000) to the Project for design and construction. 4. As a prerequisite for payment, the City shall invoice the District for costs necessary to design and construct the Project. The City's invoice to the District shall not exceed fifty percent (50%) of the amount the City has already paid to the Contractor retained by the City who is performing the design or construction work for the Project. The invoice shall be accompanied by invoices and receipts from the contractor and proof of payment by the City for the work. 5. Invoices shall include documentation, to the satisfaction of the District, of all work performed. All invoices for reimbursement shall be received by the District prior to the end of the MOU term. 6. Within thirty (30) days of receipt of the invoice, the District will review the invoices and submit for payment to the City for the reimbursable amount as outlined herein to the City for the Project. 7. City is solely responsible for its fifty -percent (50%) costs share and any other amounts needed to complete the Project over and above the amount provided by the District hereunder. The City's funding may come from grants or other sources as determined by the City. 8. In the event the Project is not completed prior to the end of the MOU term, the City shall pay back all monies provided by the District under this MOU, unless both parties execute a formal amendment to the MOU extending the term due to unforeseen and/or extenuating circumstances prior to the end of the MOU term. 9. Pursuant to Port Act, Section 30.5 District shall notify State Lands Commission of the MOU within ten (10) days of the final execution of the MOU. 10. The District has no obligation under the MOU until the 60-day notice period to State Land's Commission expires without objection from State Land's Commission. 11. The City and District agree the Project's purpose is to: D2# 912672 -2- a. direct visitors and residents to key attractions, amenities, and features, located on, or adjacent to, District Tidelands, b. enhance urban design, c. reinforce community identity, d. reduce confusion for drivers, pedestrians, and bicyclists, e. improve access for District tenants, f. improve land use compatibility with roadway network, g. improve traffic flow and enhance safety, and h. mitigate off -tidelands impacts to the adjacent communities from the District's maritime terminals including traffic impacts, difficulty in way finding, and other impacts addressed by the purposes above. 12. The City and District agree that the "Basis of Design" and the "Final Plans and Specifications" for the design and development of the Project shall include: a. The design of the proposed signage including: theme, user, height, size, color, lighting, graphics, language, structure. b. The specifications of signage to be used including: fabrication standards and methods, material, dimensions, fittings, warranty, maintenance, c. The location and direction of each sign, and d. The message for each sign for each location. 13. The City and District agree the "Basis of Design" shall be defined as thirty percent (30%) completion of the Project's design and development phase. 14. The City and District agree the "Final Design Plans and Specifications" are at one hundred percent (100%) of the Project's design and development phase, after approval from the City Planning Commission and City Council, but prior to the City beginning fabrication and installation of signage. 15. The City shall submit the "Basis of Design" for the Project to the District for review, comment and approval. The District shall have forty-five (45) days to review and provide comments in writing to the City. 16. The City shall submit the "Final Design Plans and Specifications" for the Project to the District for review, comment and approval. The District shall have forty-five (45) days to review and provide comments in writing to the City. 17. The District's review comments on the "Basis of Design" and "Final Design Plans and Specifications" for the Project shall not relieve the City of obligations under the terms set forth in this agreement or those by the State or Federal agencies, nor shall it impose any responsibility or liability on District for such design or construction of the Project 18. The District shall have no further obligation to reimburse the City for its costs to contractors for the Project if the District determines the "Basis of Design" or "Final Design Plans and Specifications" for the Project are not consistent with District policy, the Project description or the location, or if the District has any overall Project concerns. D2# 912672 -3- 19. In case of any unforeseen circumstances or a dispute relating to this MOU, City and District will meet in good faith to resolve issues. 20. Upon authorization by the Board of Port Commissioners, the District's FY 2014- 2018 CIP will be amended to include the Project. The City agrees to the reallocation of MTIF funds of One Hundred Seventy -Five Thousand ($175,000) from the Tidelands Avenue and Civic Center Drive CIP project to the City's Project. 21. The District shall remove the Tidelands Avenue and Civic Center Drive Resurfacing project from the Fiscal Year 2014-2018 CIP. 22. Upon authorization by the District's BPC, the District will provide total funding, not to exceed Two Hundred Fifty Thousand ($250,000) for the Project. The Two Hundred Fifty Thousand ($250,000) funding shall include One Hundred Seventy Five Thousand ($175,000) from the Tidelands Avenue and Civic Center Drive Resurfacing project and an additional Seventy -Five Thousand Dollars ($75,000) from the MTIF. 23. All obligations of the parties under the terms of this MOU are subject to the appropriation of the required resources by the parties and the approval of their respective Councils or Board of Commissioners. 24. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 25. All terms, conditions and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 26. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 27. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 28. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. 29. The City shall indemnify and hold harmless the District and their respective officers, directors, members, employees, agents, partners, joint ventures', affiliates, successors and assigns from and against any and all liabilities, obligations, claims, demands, causes of action, losses, expenses, damages, fines, judgments, settlements and penalties, including, without limitation, costs, D211912672 -4- expenses and attorneys' fees incident thereto, arising out of, based upon, or occasioned by or in connection with: a. City's performance of (or failure to perform) the Project; b. a violation of any laws or any negligence, gross negligence or willful misconduct by the City or its affiliates, contractors, subcontractors, agents or employees during performance of the Project; c. a breach of this Agreement by the City's contractor or any of its affiliates, subcontractors, agents or employees; and d. injuries allegedly suffered by City's employees, subcontractors, agents or any other person where such are associated with the Project. The aforesaid obligation of indemnity shall be construed so as to extend to all legal, defense and investigation costs, as well as all other reasonable costs, expenses and liabilities incurred by the party indemnified, from and after the time at which the party indemnified receives notification (whether verbal or written) that a claim or demand is to be made or may be made. Except as may be otherwise provided by applicable law or any governmental authority, the City's obligation of indemnification under this section shall not be impaired or diminished by any act, omission, conduct, misconduct, negligence or default (other than gross negligence or willful misconduct) of the District or any employee of the District who contributed or may be alleged to have contributed thereto. IN WITNESS WHEREOF, parties hereto have executed this Memorandum of Understanding as of the day and the year first above written. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By By APPROVED AS TO FORM: CITY OF NATIONAL CITY By By Claudia G. Silva Ron Morrison City Attorney Mayor D2# 912672 -5- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR THE NATIONAL CITY WAYFINDING SIGNAGE PROGRAM WHEREIN THE PORT DISTRICT AGREES TO REIMBURSE NATIONAL CITY FOR PROJECT COSTS IN AN AMOUNT NOT TO EXCEED $250,000, AND AUTHORIZING THE APPROPRIATION OF $250,000 TO THE WAYFINDING SIGNAGE PROGRAM THROUGH THE GENERAL FUND, TO BE REIMBURSED BY THE PORT DISTRICT WHEREAS, the District approved Board of Port Commissioners ("BPC") Policy No. 120, to establish funding for the development or improvement of the capital assets of the Port District through a Capital Improvement Program ("CIP") policy; and WHEREAS, the District, on July 6, 2010, established the Maritime Terminal Impact Fund ("MTIF") with an initial capital contribution of Five Hundred Thousand Dollars ($500,000) with annual one-half of one percent (.5%) of gross maritime terminal revenues earned from the operation of the Tenth Avenue Marine Terminal and The National City Marine Terminal annually; and WHEREAS, the District includes as part of its BPC Policy No. 120, a provision for the inclusion of off -tidelands projects in the CIP; and WHEREAS, the District, as stated in Policy No. 120, defines "Off Tideland Impacts" as impacts to communities adjacent to, directly associated with, or which are a result of the District's maritime terminals and other operations, which are of a unique, adverse or exclusionary nature; and WHEREAS, the District amended BPC Policy No. 120, on March 4, 2014, to allow out of cycle project requests to be considered by the BPC for MTIF projects; and WHEREAS, the City submitted a project request for District funding of the National City Wayfinding Signage Program (the "Project") pursuant to the CIP policy for the MTIF; and WHEREAS, the District and the City have had cooperative discussions regarding the Project; and WHEREAS, the City has submitted a project application form for the Project requesting up to Two Hundred Fifty Thousand Dollars ($250,000) from the District's MTIF for the Project; and WHEREAS, the District previously allocated One Hundred Seventy -Five Thousand dollars ($175,000) from the MTIF in the CIP for the Tidelands Avenue and Civic Center Drive Resurfacing project at the request of the City; and Resolution No. 2014 — Page Two WHEREAS, the City has requested the District to remove the Tidelands Avenue and Civic Center Drive Resurfacing project from the Fiscal Year 2014-2018 CIP and reallocate the One Hundred Seventy -Five Thousand Dollars ($175,000) in MTIF funds from that project to the Project, in addition to new funding of Seventy -Five Thousand dollars ($75,000) from the District's MTIF to the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizing the Mayor to execute a Memorandum of Understanding between the San Diego Unified Port District and the City of National City for the National City Wayfinding Signage Program wherein the Port District agrees to reimburse National City for Project costs in an amount not to exceed $250,000. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of $250,000 to the Wayfinding Signage Program through the General Fund, to be reimbursed by the San Diego Unified Port District. PASSED and ADOPTED this 19th day of August, 2014. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk August 26, 2014 Ms. Karen Weymann San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 Dear Ms. Weymann, On August 19th, 2014, Resolution No. 2014-125 was passed and adopted by the City Council of the City of National City, authorizing execution of a Memorandum of Understanding (MOU) with the San Diego Unified Port District. We are forwarding a certified copy of the above Resolution and two partially executed original MOU. Please return a fully executed original MOU to us for our files. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 October 14, 2015 TO: Steve Manganiello, City Engineer FROM: Michael Dalla, City Clerk SUBJECT: Incomplete 2014 Contract Documents Please review the attached list of contracts from 2014 for which our office has never received a fully executed original document. If your Department has or is able to acquire a fully executed original document, please provide it to us. After November 1st, it is my intention to insert a "Note to File" in the respective contract folder indicating that a fully executed original was never received by our office. 16 MINUTE WAI if TO SEA6©U!Q STATICW T N'ti1;7F$ 3E =001 TO C'AKWUUC CI MITER"?' MOU with Port District for Wayfinding Signage to be funded by MTIF National City Council Agenda Item # 16 August 19, 2014 Funding Summary !� S500k for comprehensive wayfinding system throughout Downtown, Old Town, and Marina. n S250k funded by MTIF (Marine Terminal Impact Fund) provided by Port District through MOU n S250k match funded by SANDAL Smart Growth Incentive Grant (Downtown Connector) n Other Capital Projects incorporate signage and wayfinding that should be consistent theme Design Summary Sage Project students prepared ideas/themes developing a system of signs (S25k SMART) Gateway Identification Directional Regulatory Educational and began Capital project designers are integrating sign types into Community Corridors, Parks, and Facilities Scope of signage depends on funding availability WAYFINDING SYSTEM SAN DIEGO STATE UNIVERSITY ➢ Zone 1 — Civic Center ➢ Zone 2 — Kimball Park and Surroundings ➢ Zone 3 — Downtown -Old Town ➢ Zone 4 — Marina -Working Waterfront MAP Greater National City 3S 4191 3 w IS 3 aS 4141 3 eze&d 3 V /33111S Hi9l 3 i33diS HJ L 3 4 to PAIR ezeld 3 • WAYF ND NG SYS TYPE/COLOR/MATERIAL BY DISTRICT RESOURCE Activate Lobster font in your downloaded folder off the serve. (Amy Fonts). Activate Gotham font family on Universal Type client in the HFJ Collection. INSTRUCTIONS FONTS: You can use any of the Gotham type family. As for the Lobster typeface. try to use for a display type only and not in uppercase. DI RICTIONAL SIONIk ONLY GOTHAM BLACK COLORS Use these pentorse talon wt h easy tints. FEEL FREE TO USE ANY THESE COLORS FOR YOUR GROUP. Arts Center Kimball LOPST[R t4 Lot.gt.+• t a ARTS CENTER GOTHAM FONT FAMILY COLORS 200 CP 54$3 C 575 C MATERIALS KIMBALL PARK ` Orange fib' 'ro:' .rray a SA [DEGO STATE UNOV RSITY MATERIALS: Four types of wood and one typa of metal and moslacs.. Opening vo all options of these materials to all groups. Copy and paste material square in your document and undo the clipping mask. Greater NC Marina GREATER NC MARINA KIMBALL PARK C-..)ENTIRER DIRECTIONAL REASSURANCE MARINA DISTRICT Mole Rd Bayshore Bikeway • » Deectfon& and reusuwance * ttientrlyers locat5on Destination • Dects,on res,e, r, 9 e 0 • * ,aasiP`re • 1 -4 ,.: i • ., ‘o ri,,,?, • , t• -i. 3 "4 , rt ••.4 -, t 4`• • * 4.4 • ....5 s.0.01 1 3 o • st+ 6 9eoPe` " • • • e • MARINA DISTRICT 4. THE FENCE MARINA DISTRICT 1. Bike Path te- tfue. ,siereziocw%Ltirvc 'Welcome to the Marina DiJftict Directions: 2•34n 033.'3 YMCA Pt.& 32 Start of bike path Wayfinding Summary Funding must be identified to create co wayfinding system Consistent signage is preferred for system of sign types for streets, parks, facilities, and capital projects such as Community Corridors, Paradise Creek, Marina District, and Park/Facility Improvements Funding needs to consider Design, Fabrication, Installation, and Maintenance Port District staff has agreed that wayfinding is an acceptable use of MTIF funds No general funds have been used or are being requested Questions?