HomeMy WebLinkAbout2013/03/19 Item 10CITY COUNCIL
AGENDA STATEMENT
,,.w-` cln~ of
CHUTA VISTA
MARCH 19, 2013, Item ~(~
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY
RESOLUTION APPROVING AGREEMENT #88-2012
BETWEEN THE CITY OF CHULA VISTA AND THE SAN
DIEGO UNIFIED PORT DISTRICT FOR CITY POLICE,
FIRE, AND EMERGENCY MEDICAL SERVICES TO BE
PROVIDED ON PORT DISTRICT LANDS WITH
PAYMENT FOR THE SERVICES TO THE CITY, AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF 'SHE C
CHIEF OF POLICE, IRE CHIEF ~'~
CITY MANAGER
4/STHS VOTE: YES ~ NO ^X
SUMMARY
The City of Chula Vista has provided police, fire and emergency medical services to the San
Diego Unified Port District (Port District) since 1994. These services are provided on Port District
lands which do not generate ad valorem tax revenues. The City and the Port District reached an
agreement to continue providing these services until Fiscal Year 2021.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California Environmental
Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined
under Section 15378 of the State CEQA Guidelines because it will not result in a physical
change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessazy.
RECOMMENDATION
Council adopt the resolution
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
10-1
MARCH 19, 2013, Item
Page 2 of 3
DISCUSSION
The City of Chula Vista has been providing police, fire and emergency medical services to the
San Diego Unified Port District since 1994. This agreement covers the reimbursement of the
cost to provide the police, fire and emergency medical services to the Port Districts filled
tidelands and property within the City's limits, which do not generate ad valorem tax revenues.
Those properties include non-dedicated streets, pazks and other open space; unleased
developed properties; leased properties wherein the lessee is not subject to ad valorem taxes;
and unleased land (See Attachment "A" included in attached agreement).
The City and the Port District reached consensus on the cost calculation methodology, which in
effect sets a rate for the upcoming and succeeding fiscal yeazs. Compensation for Fiscal Yeaz
2013-14 through Fiscal Yeaz 2020-21 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 calendaz year. 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. The District shall provide
the City the prior fiscal year's revenue growth no later than December 31 of the following
fiscal yeaz. Yeazly escalation shall not exceed 4%. If the Districts revenue growth is negative,
any reduction in contract pricing shall not exceed -4%.
This agreement will be effective from July 1, 2012 through June 30, 2021
DECISION MAKER CONFLICT
No Property within 500 feet
Staff has reviewed the property holdings of the City Council of the City of Chula Vista and has
found no property holdings within 500 feet of the boundazies of the property which is the
subject of this action. Staff is not independently aware, nor has staff been informed by any
member of the City Council of the City of Chula Vista, of any other fact that may constitute a
basis for a decision maker conflict of interest in this matter.
Staff Member Conflicts Verification By: Edward Chew
Date: 03/11/2013
10-2
MARCH 19, 2013, hem /~
Page 3 of 3
CURRENT YEAR FISCAL IMPACT
Adopting this resolution will set reimbursement rates and costing methodology owed by the Port
District to the City for provisions of police, fire and emergency medical services to the non-ad
valorem properties on the tidelands during fiscal years 2012-13, through 2020-21. The agreed upon
starting reimbursement rates for this contract are as follows:
r t µ a ,~ ~, ,~' ~ v k
NE's C` 5 ~'.' i t ~ t
r
5~'~
°'~~
~z~~```~
~
~
~ '"~ zyy r
ti g*" t~;~y ~
,~+~X
~
~
" Ya ~,..
[ 1
4F ~``as
~
s
..
.
~
~ `
`
rg
a at~e'w
s~
~
.s'{
~ r~ J
±:
;f
rv'A
'"
e
....%.
~! , .:
~
Police Services ! $620,600 $819,001 $198,4011
Fire and Emergency Medical
Services '~ $163,712 $124,529 ($39,183)''.
TOTAL, All Services ' $784,312 $943,530 $159,218,
There is a net positive impact to the General Fund of $159,218. It should be noted that the
decrease in contract amount for Fire and Emergency Medical Services is the result of pension
reform measures which reduced actual direct costs.
ONGOING FISCAL IMPACT
This contract for service includes an escalator clause which provides up to a 4% increase each
year based upon two factors: 1) The Port Districts operating revenue 2) the San Diego County
Consumer Price Index (CPI). Compensation for Fiscal Year 2013-14 through Fiscal Year
2020-21 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. 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. The District shall provide the City the prior fiscal year's
revenue growth no later than December 31 of the following fiscal year. Yearly escalation shall
not exceed 4%. If the Districts revenue growth is negative, any reduction in contract pricing
shall not exceed -4%. There potentially could be corresponding service level decreases should
this occur.
Due to the uncertainty of operational revenues for the Port District or the CPI rates in future
years, accurate fiscal impacts over the life of this contract cannot be ascertained.
ATTACHMENTS
Attachment "A" -Police, Fire and Medical Services Agreement #88-2012
Prepared by: Edward Chew, Administrative Services Manager, Polzce Deparhnent
10-3
RESOLUTION NO.
RESOLUTION APPROVING AGREEMENT #88-2012
BETWEEN THE CITY OF CHULA VISTA AND THE
SAN DIEGO UNIFIED PORT DISTRICT FOR CITY
POLICE, FIRE, AND EMERGENCY MEDICAL
SERVICES TO BE PROVIDED ON PORT DISTRICT
LANDS WITH PAYMENT FOR THE SERVICES TO
THE CITY, AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT ON BEHALF OF THE
CITY
WHEREAS, the City of Chula Vista and the San Diego Unified Port District (Port
District) desire to execute an agreement regarding police, fire and emergency medical services
to be provided by the City on non-ad valorem tideland trust property, owned by the Port
District, but located within the City of Chula Vista; and
WHEREAS, the City has the capacity to provide police, fire and emergency medical
services to said Port District property; and
WHEREAS, the Port District will reimburse the City as set forth in the Agreement for
Services.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve Agreement #88-2012 between the City of Chula Vista and the San Diego
Unified Port District for City police, fire and emergency medical services to be provided on
Port District Lands with payment for services to the City, and authorizing the Mayor to execute
the Agreement on behalf of the City.
Presented by:
David Bejarano
Police Chief
David Hanneman
Fire Chief
Approved as to form by:
L.~--C---~~
Glen R. Googins
City Attorney
10-4
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Glen R. oogins
City Attorney
Dated: ~ ~ ~ ~ ~
AGREEMENT
BETWEEN
SAN DIEGO UNIFIED PORT DISTRICT AND
THE CITY OF CHULA VISTA
FOR
POLICE, FIRE AND EMERGENCY MEDICAL SERVICES
AGREEMENT NO. 88-2012
10-5
AGREEMENT BETWEEN
SAN DIEGO UNIFIED PORT DISTRICT
and
CITY OF CHULA VISTA
for
POLICE, FIRE AND EMERGENCY MEDICAL SERVICES
AGREEMENT N0.88-2012
The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, herein called "District" and the CITY OF CHULA VISTA; 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 Chula Vista, incorporated by reference as
Agreement Nc.: e8-2012; Attachment A ®. ~ ~ ~ I
Party to Agreement: City of Chula Vista ~ ~-
Requesting Department: Executive Offices
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.: 88-2012; Attachment A 1 0_7 Page 2 Of 14
Party to Agreement: City of Chula Vista
Requesting Department: Executive Offices
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. $943,530.00 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 revenuer 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.: a8-2ot2; AttachmentA 1 0_8 Page 3 Of 14
Party to Agreement: City of Chula Vista
Requesting Department: Executive Offices
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.: 88-2012; Attachment A Page 4 of 14
Party to Agreement: City of Chula Vista 1 ~-9
Requesting Department: Executive Offices
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 Chula Vista and such records shall
be maintained in accordance with applicable laws and policies of the State of
California and City of Chula Vista 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
inspection at reasonable times at the City's office or facilities, which are engaged
Agreement No.: 88-2012; AttachmentA ~ 0_10 Page 5 Of 14
Party to Agreement: City of Chula Vista
Requesting Department: Executive Offices
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
employees, from any and all claims, demands, suits, actions or
Agreement No.: 88-2012; Attachment A Page 6 of 14
Party to Agreement: City of Chula Vista ~ ~-~
Requesting Department: Executive Offices
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.
(a) The deductible or self-insured retention on this Commercial
General Liability shall not exceed $5,000 unless District has
Agreement No.: SS-2012; Attachment A Page 7 Of 14
Party to Agreement: City of Chula Vista ~~-12
Requesting Department: Executive Offces
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
and $1,000,000 disease each employee. This policy shall be
Agreement No.: 88-2012; Attachment A Page 8 Of 14
Party to Agreement: City of Chula Vista ~ 0-~ 3
Requesting Department: Executive Offices
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 fdr 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.: 88-2012; Attachment A Page 9 Of 14
Party to Agreement: City of Chula Vista ~ 0-~ 4
Requesting Department: Executive Offices
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.: 88-2012; Attachment A Page 10 Of 14
Party to Agreement: City of Chula Vista ~ 0-~ 5
Requesting Department: Executive Offces
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.: 88-2012; Attachment A Page 11 Of 14
Party to Agreement: City of Chula Vista 1 0-1 6
Requesting Department: Executive Offices
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.: 88-2o12; AttachmentA 10_17 Page 120t 14
Party fo Agreement: City of Chula Vista
Requesting Department: Executive Offices
(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:
Jim Sandoval, City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619)691-5031
'°~END OF PAGE"°'
Agreement No.: 88-2012; AttachmentA 10_18 Page 13 of 14
Party to Agreement: City of Chula Vista
Requesting Department: Executive Offices
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 CHULA VISTA
Wayne Darbeau Cheryl Cox
President/CEO Mayor
PORT ATTORNEY Attest:
City Clerk
Approved as to Form:
City Attorney
Agreement No.: 88-2012; Attachment A ,~ 0-~ 9 Page 14 of 14
Party to Agreement: City of Chula Vista
Requesting Department: Executive Offices
ATTACHMENT A
STATEMENT OF SERVICES
CITY OF CHULA VISTA
Summary of Cost to Provide Police, Fire & Emergency Yledcal Services
I'Y"2012-13
Service
Polite Services. $ 819,001,
Fire &Emergency Medical Services $ :124,529'
Tatal All Services $ 943,530:
Agreement No.: 85-2012; Attachment A Pepe 1 of 10
Party to Agreement City of Chula Vista ~ ~-20
Requesting Department: Executive Offices
P.alice Services
EY 2013
Calls forSetvice (3'Year Average}: 800:67
Average Call Tune (Dispatchto Cleaz, hduis} 647.25
Average. Report Time (hours} 55 33
Tot~2l Call For Service Time (hotse~ 702 61:
]'inactive Patrol
20 mm/patrel shtft* 3 shifts=60 imnlday.(houis) 365.00.
Reserve Capaafy-` _
-
4Beats'@24Houis/Day,365Days/Yeaz{hoots} ;35,040:00 -
Allocation to Tidelands Factor a 4 49%
Reserve Capacity Hours Allocated to Tidelands. 1,572.b7
TotalBeatOfficerTuneRequiied,(hours}
~~ 2,640.23
Officers Required (F'TE}.
Available Hoots per Officer. 1,423.00
Officeisto Meet Tune Requirement (FTE) I.56
AnnualCostperBeat"Officer °` $ 144;761
Total Officer Costs (1.32 FTE). $ 26&,595
SupportSfaff
Rahoofsuppo~tstaffper_officer `' 1.9:1
Total Supportt staff 3 5#
Annual Cost per Support Staff ° $ 136,429
Total Support Staff Costs (3.~4 FTE). 4>x''t,959
Total Officer and Support Staff Cast.. $751,554
Allocafion,af Citywide Overheadand Building Use A llowance:
TotalBeat Officer Salaries ` $ 151,433
Total Support Staff Salazies `' 259,028
Total Salaries (Overhead NlecatianFactdfj' 430,~L1
Overhead- Citycvzde OH @ 15:8%~ 64;56I
Overhead -Building Use A]lowance @ 6.3% t 2,585
Total Citywide Overhead ~~. Building UseAllowance 67,4~T
Cost ofEolice.Services $ 519,001
° See Bsttilnt B for defats.
c See EZtilbitCfor details:
` See EzhibitlJ:fori3etail s::
e See Ezhilnt E for details.
` See Ezliilrit F for detailsz:
r FY 20711?Clruta Vista Cost Allod3ti on In an FullyBUrdened HOwly Rates..
Agreement NO.: 88-2012; AttachmentA ~ O_21 Page 2 of 10
Party to Agreement: City of Chula Vista
Requesting Department: Executive Offices
Reserve CapacityTidelands AIlocation Factor Calculation
Tbtal.Beat
Beat Acreage:
11 2.2060
12! 1,784
13 2.6450
21 2A510
Total - .8.6860''
of Beat Acteage' Wi tlii ti.
Non Qd Valorem Tidelands
Non-Ad Valorem
Tidelands Acreage
0.0322
.0.1761,.
O.lllfi:
0.0649`
0-3598
4.49°/a'
Reserve. Capacity Description;
The tidelands are located vvitttin four (4) Chula:YistaPolice beats: 11, X12, 13, and21-These beats provideprimary
reserve capacity forincidents on the. tidelands,. althqugh addrtional:reserves can be. palled from throughout the City
in an emergency situation The reserve capacity has been allocated to the non-ad valoretir tidelands properties on ari
acreage. basis (as compared ta.[he total beat, acreage);
Agreement No.: 88-2012; Attachment A P9g0 3 Of '~
Party to Agreement: City of Chula Vista ~ (]-2 2
Requesting Department: Executive Offices
Annual Cosfper Beat Ofticet
FY-2013
Personnel Expenditures;
Salaries _$ 81,643
Hard Holiday Overtime 3,082
Bilugual Pay 715
SfiftPay! '1;912
Education:Pay 2;450
OfficerUrufoans (Cleardng) 300
F1exBenefits/Health- 15,441.
PERS Retirement
.~ 25,319]
Medicare 1,306
Retiree MethcalTmst- 1,200
VJOrkeYs Compensation 2,529
PersonnelSubtotal !:$ 136,147.
Non-Personnel E~'peiiditures.
Tiainiitg :$ 283.
Vehicles 5,78P
CommunicalionsEquipmen[ X46
Ammunition _1.18
Miscellaneous: Supplies 1,837
Non Personael.Subtofal $ 8,5644
Total Annual Costper Beat Officer: $ 144; bl
Agreement No.: ss-2o12; Attachment A Page 4 Of 10
Party to Agreement City of Chula Vista ~ ~-23
Requesting Department: Executive Offices
Support Staff Ratio Calculation
Position
LiOUtenantsJSerg earitsJAgenls
CommurriCv Service Officers
Dtspatcheis .
Auxiliary Services''
ln4'e Sllbat10n5'.
Suppoit;Services
Support StaffRata
hlofes
a AuxiliazySen-icesincludesei
services.. Examples include: tr
Ratio per Patrol Officer
237101 =. 0`.28`
2.Sjj0i = 0.02
25/101 = 0 26
47:5/101 '=- 0.47
41Ji01 -_:: 041
47.SJ.101 = Q47
i:91
community, but do not, provide beat patrol services;
6 "Support Services includes staff that supports the employees providing direct commtunty seances. Examples:
include:forensicservices, training, professional standards, the firing range; and administrative"J clerical.
support, .. ... :...
Agreement No.: 88-2012; Attachment A , 0_24 Page 5 Of 10
Party to Agreement: City of Chula Vista
Requesting Department: Executive Offices
nnual Snpport Staff Costs
k'P 2013
Support Staff Personnel Coots
Police Department (PD)Personnel5ervicesBudget $40,676,768
t. NrunberofBeat Officers 101
2':'. Annual CostperBeatOfficefa $ 136,197
3.: Total Beat.Officer Cost (1. X Z:} $13,755,945
4., Number of Canute Officers. `5
'S. Additionzl Cost per Canme OtTrceL $ 10.;5I:3
61. To[al Canute Officer Cost (2. X A.+S. X 4.); $ 733,Sr7
Support Staff Personnel Costs (PD Personnel Budget -`3, 6.) $26,187,246 __
L. Total PDPosttions (FTE} 313.00
2.: NumberbfBeatOfficers(FTEJ'.. IOL00
3,: Number ofCamne {3fficers (FTE)+. 500
Number of Suppart,Staff (1 -2:. 3) (FTE) 207.00
Personnel Cost,per Support. Staff ($/FTE} $ 126,508
Support Staff Non-Personnel Costs-
PD Non-PesonneIBudgef ....
$ .............
3,256,302=
.1,.Aver'age~Non-Personnel0fficerCost'' $ 8,56$
2':. Number of Beat Officer 101
3: Total Beat OfficerCost (1. X 2.}, 864,964
4:. Nrunber of Canine Officers. , 5
~`.- Total Canine Officer Cast (1 X 4.j 42,826
Support StaffNon=Personnel Cost (PDNon-Personnel = 3. -S) 2,378,718
1: TotaIPD'Positrons 313:60
2.- Number ofBeat Officers I01.00
3t. Number of Canine officers. 5.00
Number of Suppgr[ Staff (1 -2. - 3.).. 207.00
Non-Personnel Cost per Support Staff ($/FTE) $ 11,491
Total _Annual Support Staff Cost.
Support Staff Direc[Costs+Non-Personnel Costs; $ 137,999
See EzhibitB for details.
Agreement No.: 88-2012; Attachment A P8g2 6 Of 10
Party to Agreement: City of Chula Vista ~ ~_ 25
Requesting Department: Executive Offices
Citywide Overhead and Building i7se Allowvance Allocation Factor
FY-?013
Total Beat Officer Salaries
~
Salaip per Beat Officer $ '81.;64.3
B eat Officers Requred'S 1 8fi:
Total Seat OfF[cer Salaries'. $ `151,AS3'
Total Support Staff Salaries'.
Totalpolice Department Salaries $ 23;697,571
Less Beat Officer Salaries $ 8,150;554
Less Canine Officer Salaries $ 400;463
Net Support Staff:Sa}aries $ 15,146;544_ _
Total Support StaffjFT'E.} 207.OQ
.4vezage Salary per Support Staff $ 73;172-
Support S[affRegiiired' "3.54'
Tofal.sopport staff salaries ?$ 159,025 _..
Tdtai Salaries (Ov erhead Allocation Facturj $ 410;511
Agreement No.: 88-2012; AttachmentA 10_26 P8g2 7 Of 10
Party to Agreement: City of Chula Vista
Requesting Department: Executive Offices
Fire ~ Emergency Medical Services
Stationl. Fire IoYalrpec.
Total Companies `Company.
I7irectPer§onnelCostsa $ 3,?58;653 '2.00 $ 1,629;326.
FireDepf, Fire Total;per
Total Companies ',Company..
Duect.Non-Personnel Costs ° $ 1;922;946 -11:00 $ I74,313
Support Staff PersonnelCosts° $ 3,501,642 IL.00 r$ 345,604
Fire Department Costs (FS 1, 1 Company) F"P 2013 - --
DireclPetsannelCosts( $ 1,629;326(
DrrectNonPersonnel.Costsr $ 174,813
Support Staff Personnel Cods'. $ 345,604
Tota] Fire,;DepartmentC0sts (F'S 1, 1 Company) $- ?;149,7=J3,
Allocation of Cttyrt-ide Overlread:.and Bmlding Use Allowance'
Duect.Persannel Salaries (FS 1, 2: Campamesj: a' $ 1;649,'~~2.
Drrect Personnel Salaries (FS I, 1. Company): $ 824,676'.
Support Staff Salaries (Department, 11 Companies} ` $ 2;298,393
Support Staff Salaries (I Gompany) $... 208,94
Total Salaries (1 Company, Owerhead?llocaucsnFactor)' $ 1;033,621.
Overhead - City-rszde OH @ 15 2%~
Overhead - Burlding. Use Allowance @ 6 3°fo
Tota] Citywide Overhead & Btiil dingy Use ?.II'owance
Total Coss (FS 1, 14ompany):
Allocation toNon-Ad ValoremTidelands Factor'
Cost to:Pror ide Fire-3n Emergency Serv[ces to
Non Ad~Valorem Tidelands ~~
" 9eeExhibitHfordetmis.
c FY 2012-13 Adopted FrreDepartment Operating Bud¢ef.
See ExkulriLI for details:
157,1I0.
$ 65;115
$ 232;329.
$ 2,371,977
5.25%
$ 124;529
Agreement No.: 88-2012; Attachment A Page 8 Of 10
Party to Agreement: City of Chula Vista ~ 0-2~
Requesting Department: Executive Offices
Direct:Personnel Casts:
Fire Stafion 1 (FS 1) Staffing (Z Companies)
Cagtains
Engineers'
Firefighters.
Tota[ FS 1;:St~fpn~'
Personnel Cosfs~a'~
Salaries
Captans
Ert~ineers;
Firefightezs•~
Total Salaries
Overtime.
Differenfials, Avezage_CastperFTE:
Bilingual
Education
Total IJifferentials`
Stck/Vacation/Comp.In Lieu
Sick FriLreu.
vacation In Lieu-
Comp Time In Lieu
Total Sick/Vacation/Coirtp In Lieu
Tlnifonn5,per MOiJ
Flex/Insurance
Captams
Engineers
Firefighters':
Total F1exi'Insu;once
PERS
Captains
Engmeer5
Firefighters:
Total PERS'
Workers Compensation...
Medicare
Total Dreof.PersonnelCosts (2 Co,mpanies)',
Total Direct Personnel Costs (1 Company)
FTEsperSWft #ofSlufts TotaIFTEs
2:00: 3:00 6.00:
';2.00; 3 OQ" 6.00'
-3.OP' 3.00 9.00
7.00 3.00 X1.00
Average;Cost Totai Cost, All
per FTE FTES FTEs
93,SI4 6.00 '$ SbY,pB~#~
79.,732 6;00 473,392'.
:67;764. _' 9.00
" 609,876...
~
21.00 1,649,352;
26;074.. 21.O,Q 547,659'
3,400 3 69 8,8565
3;421 17 S9 61,202`
70,O~S:
165; 19(55 3,226
464 19.55 9,071
1;144; 14.84 22,675
34,972
200- 21.60 4,204'
I4;210'' 6 00 85,2fi0`
I4,210.: 6.00
" -85,260'.
14,21q 9.00 127,890'
21.00 298,410
31;543- 6.00 189,258:`
27;223 6:00 163,333'
?3;173: 9:00 20S,55T
21.00 561,L53;
2;824, 21.0.0 59,409-
`Total Elhble 12ate Total Cost
$; 2,306,240 1:;45% !$ 33,440
t$3,25S;6S3:
-$ 1,639;326:
Agreement No.: 88-2072; Attachment A PagE` 9 Of 10
Party to Agreement: City of Chula Vista ~ ~-2
Requesting Department: Executive Offices
5
Support Staff Personnel Costs
'k O# W o~k¢r
Classification F-I-Es. Salaries -0ver6me Dilterentlal Flex/Ins PERS Medicare Comp Total.
FiYeChief. 1.00 -$ .172;456 $. 5;100 $ 17,581 $ 54;417 $ 2,575 $ 2,829 $ ?o9,4a8
Deputy Fue Chief' 3 00 431,139 13;650 47;469 136,39 6,449 8,487 $ 643,433.
'FireSattaliou Chief 6D0 '698882 ~d5b,474 21;726 85,260 '.220;432 13,759 16,974, $ 1,213,06E
-TrawnB Capia&~s Z00 157,028 37,696 28,420 68,38-M1 3,255 S,6S8 $. 330,94Q
Fire Prevention lnvesti¢ator 1.00 89,464 4,913 10;306 14,210 29,263 1,518. 2,829 $. 152503
Sr Fue Snvesti~ator 1.00 86,163 4,913 7,906 14,2I0 27,514 1,435 2,829 $~ 144.970
FheInvcstigators 500 370,875 24,Sfi5 18;509 71,050 118;862 6,292. ]4;145 $ 644,298
'Public Safery.Ailalyst 'lA0 70;638 1,905 1$,532 T,OZ4 2,829 $ 905,928'
AdmmisVa[ive Secretary 5:00 57;156 1,200 12,797 15;303 34fi- 2;829 $. .90,091
Facrhty & Supply Spenalist 1 00 49,137 1,200 12,733 13,213 730 2,8^9 $ 79,842.
Trauung Secretary 100 44,131 12,697 11,741 649 2,829 $. 72,650
Office8o c'atist 100 "40664 1300 12665 10993 `-- 607 2.829 $ '68,958
Total 24.00 $ _?98,393 $ 390,865 $:':138,493 $.341,997 -$ 225„896 $:38,10? $ 6i,896~ $ 3,801,642
-1Vumber of Companies, CIIywide Y1.
Support Sta$'.Personnel Cost, per~Company $ ':345;604 '
Agreement No.: 88-2012; Attachment A P8g2 10 Of 10
Party to Agreement: City of Chula Vista ~ 0-2 9
Requesting Department: Executive Offices
EXHIBIT A
Non Tax Paying Tidelands in the
City of Chula Vista
Agreement No: 88-2012; Exhibit A Page 1 of 1
Party to Agreement: City of Chula Vista 1 ~-$ ~
Requesting Department: Executive Offces
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 Insureds 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
certif cate.
Return this form to: San Diego Unified Port District
clo 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 Number
This certificate applies to all operations of named insureds property in
connection with all Agreements between the District and Insured.
CO LTR TYPE OF INSURANCE POLICY NO. DATES LIMITS
Commercial General Liabiliri Commencement Date: Each Occurrence:
Occurrence Form
made Fonn
0 Cl
i $
a
ms-
Retro Date Expiration Date: General Aggregate:
^ Liquor Liability
Deductible/SIR: $ $
Commencement Date: Each Occurrence:
Commercial Automobile Liability
^ All Autos Expiration Date: $
^ Owned Autos
^ Non-Owned & Hlred Autos
Commencement Date: E.L. Each Accident $
Workers Compensation -Statutory
Employer's Liability Expiration Date: E.L. Disease Each Employee $
E.L. Disease Policy Limit $
Commencement Date: Each Claim
Professional Liability
^ Claims Made Expiration Date: $
Retro-Active Date
Commencement Date:
Excess/Umbrella Liability Each Occurrence: $
Expiration Date:
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)
I Date: _____
Agreement No. 88-2012; Exhibit B Page 1 of 2
Party to Agreement: City of Chula Vista 1 O_.31
Requesting Department: Executive Offices
SAN DIEGO UNIFIED PORT DISTRICT
INJUKANI,t tNUUKStIYItN I
ENDORSEMENT NO. EFFECTIVE DATE POLICY NO.
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
and leases with the San Diego United 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. 88-2012; Exhibit B Page 2 of 2
Party to Agreement: City of Chula Vista ~ 0-3 2
Requesting Department: Executive Offices