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HomeMy WebLinkAbout2014 CON San Diego Port District - National City Aquatic Center - Amendment #1NOTE TO FILE 04-28-16 IN THE MATTER OF: Authorizing the Mayor to execute Amendment No. 1 to the Amended and Restated Memorandum of Understanding between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center (renamed as the Waterfront Adventure Center) wherein the Port District agrees to contribute an additional $500,000 towards completion of the project, and authorizing the appropriation of $500,000 to the project, to be reimbursed by the Port District via the terms of the Amendment. Please note the following: NO FULLY EXECUTED ORIGINAL AMENDMENT 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 AMENDMENT NO. 1 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER THIS AMENDMENT NO. 1 to the AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER ("MOU") is made and entered into this day of , 201, by and between 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, on August 13, 2013, the parties entered into the MOU, on file in the Office of the District Clerk as Document No. 60744, related to the National City Aquatic Center (Project); and WHEREAS, City has requested District contribute an additional $500,000 towards completion of the Project, and District has approved such request at the October 27, 2014 Capital Improvement Project ("CIP") Workshop conditioned on both parties' approval of an amendment to the MOU. NOW THEREFORE, the parties agree that the MOU be amended as follows: A. Paragraph 2 shall be replaced in its entirety with the following: 2. District agrees to contribute a total amount not to exceed $4,410,000 to the Project for design and construction as follows: (a) District shall transfer to City $830,000 to be used towards design and/or construction costs. City acknowledges that this obligation of the District has previously been satisfied in full by a transfer on September 26, 2011. (b) District shall reimburse City for Project construction costs in an amount not to exceed $3,580,000 in accordance with and subject to Section 5 herein. B. Paragraph 3 shall be replaced in its entirety with the following: 3. City agrees to be solely responsible for any Project costs in excess of the $4,410,000 contribution from the District. City shall not be 1 relieved of any obligations under this MOU due to increased expenses or cost overruns. C. Paragraph 5 shall be replaced in its entirety with the following: 5. District reimbursement of City's construction costs (a) District shall only reimburse City's payments to Contractor pursuant to the Construction Contract , including change orders, as well as City's payments to its other construction support contractors; (b) City shall submit its contractors' pay application and City's proof of payment to District along with any request for reimbursement. (c) [Intentionally omitted] (d) Any credits or adjustments subsequently agreed upon between City and its contractors shall be reflected in reimbursement requests to District. (e) In addition to the total not -to -exceed limit, District's reimbursement of City's construction costs shall not exceed $1.2 million in District's Fiscal Year 2013/2014 (July 1, 2013 through June 30, 2014). If City requests reimbursement exceeding $1.2 million in District's Fiscal Year 2013/2014, the amount exceeding $1.2 million may be reimbursed in District's Fiscal Year 2014/2015. (f) District's obligation to reimburse City shall not commence until City has completely spent the $830,000 previously paid by District for design and/or construction costs. City shall first provide District documentation that such has been spent. All remaining terms of the MOU shall remain in full force and effect. SIGNATURE PAGE FOLLOWS 2 IN WITNESS WHEREOF, parties hereto have executed this Amendment No. 1 to the Amended And Restated Memorandum Of Understanding Between San Diego Unified Port District And The City Of National City Regarding The National City Aquatic Center as of the day and the year first above written. APPROVED AS TO FORM AND LEGALITY SAN DIEGO UNIFIED PORT DISTRICT By By Deputy General Counsel Shaun D. Sumner Director, Real Estate APPVED AS TO FORM: CITY OF NATIONAL CITY By By Claudia -Silva Ron Morrison City ktto ney Mayor SDUPD Doc. No. 590442 3 RESOLUTION NO. 2014 — 175 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER (RENAMED AS THE WATERFRONT ADVENTURE CENTER) WHEREIN THE PORT DISTRICT AGREES TO CONTRIBUTE AN ADDITIONAL$500,000 TOWARDS COMPLETION OF THE PROJECT, AND AUTHORIZING THE APPROPRIATION OF $500,000 TO THE PROJECT, TO BE REIMBURSED BY THE PORT DISTRICT VIA THE TERMS OF THE AMENDMENT WHEREAS, on August 13, 2013, the San Diego Unified Port District and the City of National City entered into an Amended and Restated Memorandum of Understanding ("MOU") (on file in the Office of the District Clerk as Document No. 607444) related to the National City Aquatic Center, which has since been renamed as the Waterfront Adventure Center (the "Project"); and WHEREAS, at the October 27, 2014 Capital Improvement Project Workshop, the Port District approved the City's request for an additional $500,000 to complete the Project; and WHEREAS, the Port District's decision is conditioned on both parties' approval of the attached Amendment No. 1 to the Amended and Restated MOU. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 1 to the Amended and Restated Memorandum of Understanding between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center (renamed as the Waterfront Adventure Center) wherein the Port District agrees to contribute an additional $500,000 towards completion of the Project. BE IT FURTHER RESOLVED that the City Council authorizes the appropriation of $500,000 to the Project, to be reimbursed by the Port District via the terms of the Amendment PASSED and ADOPTED this 16th day of December, 2014 on . ison, Mayor ATTEST: "' ROVED AS TO FORM: l� c ael R. D I Mial a, ty Clerk • is acitua Silva City Attorn Passed and adopted by the Council of the City of National City, California, on December 16, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 1 City lerk of the Cit/ of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-175 of the City of National City, California, passed and adopted by the Council of said City on December 16, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT cQo\o.a% MEETING DATE: December 16, 2014 AGENDA ITEM NO. 1.4 ITEM TITLE: A resolution of the City Council of the City of National City, 1) approving Amendment No. 1 to the Amended and Restated Memorandum of Understanding (MOU) between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center (renamed as the Waterfront Adventure Center) wherein the Port District agrees to contribute an additional $500,000 towards completion of the Project, 2) authorizing the Mayor to execute the Amendment, and 3) authorizing the appropriation of $500,000 to the Project, to be reimbursed by the Port District via the terms of the Amendment PREPARED BY: Stephen Manganiello DEPARTMENT: ,Engineering/Public Works PHONE: 336-4382 APPROVED BY: EXPLANATION: lOn August 13, 2013, the San Diego Unified Port District and the City of National City entered into an Amended and Restated MOU (on file in the Office of the District Clerk as Document No. 607444) related to the National City Aquatic Center, which has since been renamed as the Waterfront Adventure Center. At the October 27, 2014 Capital Improvement Project Workshop, the Port District approved the City's request for an additional $500,000 to complete the Project. The Port District's decision is conditioned on both parties' approval of the attached Amendment No. 1 to the Amended and Restated MOU. Staff has reviewed the terms of this amendment and recommends City Council approval. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Appropriate $500,000 to Account No. 001-409-500-598-3816 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Amendment No. 1 3. Resolution AMENDMENT NO. 1 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER THIS AMENDMENT NO. 1 to the AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER ("MOU") is made and entered into this day of , 201, by and between 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, on August 13, 2013, the parties entered into the MOU, on file in the Office of the District Clerk as Document No. 60744, related to the National City Aquatic Center (Project); and WHEREAS, City has requested District contribute an additional $500,000 towards completion of the Project, and District has approved such request at the October 27, 2014 Capital Improvement Project ("CIP") Workshop conditioned on both parties' approval of an amendment to the MOU. NOW THEREFORE, the parties agree that the MOU be amended as follows: A. Paragraph 2 shall be replaced in its entirety with the following: 2. District agrees to contribute a total amount not to exceed $4,410,000 to the Project for design and construction as follows: (a) District shall transfer to City $830,000 to be used towards design and/or construction costs. City acknowledges that this obligation of the District has previously been satisfied in full by a transfer on September 26, 2011. (b) District shall reimburse City for Project construction costs in an amount not to exceed $3,580,000 in accordance with and subject to Section 5 herein. B. Paragraph 3 shall be replaced in its entirety with the following: 3. City agrees to be solely responsible for any Project costs in excess of the $4,410,000 contribution from the District. City shall not be 1 relieved of any obligations under this MOU due to increased expenses or cost overruns. C. Paragraph 5 shall be replaced in its entirety with the following: 5. District reimbursement of City's construction costs (a) District shall only reimburse City's payments to Contractor pursuant to the Construction Contract , including change orders, as well as City's payments to its other construction support contractors; (b) City shall submit its contractors' pay application and City's proof of payment to District along with any request for reimbursement. (c) [Intentionally omitted] (d) Any credits or adjustments subsequently agreed upon between City and its contractors shall be reflected in reimbursement requests to District. (e) In addition to the total not -to -exceed limit, District's reimbursement of City's construction costs shall not exceed $1.2 million in District's Fiscal Year 2013/2014 (July 1, 2013 through June 30, 2014). If City requests reimbursement exceeding $1.2 million in District's Fiscal Year 2013/2014, the amount exceeding $1.2 million may be reimbursed in District's Fiscal Year 2014/2015. (f) District's obligation to reimburse City shall not commence until City has completely spent the $830,000 previously paid by District for design and/or construction costs. City shall first provide District documentation that such has been spent. All remaining terms of the MOU shall remain in full force and effect. SIGNATURE PAGE FOLLOWS 2 IN WITNESS WHEREOF, parties hereto have executed this Amendment No. 1 to the Amended And Restated Memorandum Of Understanding Between San Diego Unified Port District And The City Of National City Regarding The National City Aquatic Center as of the day and the year first above written. APPROVED AS TO FORM AND LEGALITY SAN DIEGO UNIFIED PORT DISTRICT By By Deputy General Counsel Shaun D. Sumner Director, Real Estate APPROVED AS TO FORM: CITY OF NATIONAL CITY By By Claudia G. Silva Ron Morrison City Attorney Mayor SDUPD Doc. No. 590442 3 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER (RENAMED AS THE WATERFRONT ADVENTURE CENTER) WHEREIN THE PORT DISTRICT AGREES TO CONTRIBUTE AN ADDITIONAL$500,000 TOWARDS COMPLETION OF THE PROJECT, AND AUTHORIZING THE APPROPRIATION OF $500,000 TO THE PROJECT, TO BE REIMBURSED BY THE PORT DISTRICT VIA THE TERMS OF THE AMENDMENT WHEREAS, on August 13, 2013, the San Diego Unified Port District and the City of National City entered into an Amended and Restated Memorandum of Understanding ("MOU") (on file in the Office of the District Clerk as Document No. 607444) related to the National City Aquatic Center, which has since been renamed as the Waterfront Adventure Center (the "Project"); and WHEREAS, at the October 27, 2014 Capital Improvement Project Workshop, the Port District approved the City's request for an additional $500,000 to complete the Project; and WHEREAS, the Port District's decision is conditioned on both parties' approval of the attached Amendment No. 1 to the Amended and Restated MOU. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 1 to the Amended and Restated Memorandum of Understanding between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center (renamed as the Waterfront Adventure Center) wherein the Port District agrees to contribute an additional $500,000 towards completion of the Project. BE IT FURTHER RESOLVED that the City Council authorizes the appropriation of $500,000 to the Project, to be reimbursed by the Port District via the terms of the Amendment PASSED and ADOPTED this 16th day of December, 2014 Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney 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.