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Port of San Diego
PUBLISHED: Friday January 24, 2014

SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2751
 
ORDINANCE AMENDING FISCAL YEAR 2013/2014 BUDGET INCREASING THE TECHNOLOGY MANAGEMENT PROGRAM CAPITAL BUDGET BY $200,000 AND EQUIPMENT OUTLAY BUDGET BY $85,000 TO EXECUTE PROJECTS FOR THE PORT SECURITY GRANT PROGRAM FY13 APPROVED BY THE BOARD OF PORT COMMISSIONERS (BPC) IN OCTOBER 2013
 
WHEREAS, the San Diego Unified Port District (District) is a public corporation created by the Legislature in 1962 pursuant to Harbors and Navigation Code
Appendix I (Port Act); and
 
WHEREAS,  pursuant to Section 47 of the Port Act, the Board of Port
Commissioners (BPC) is required to meet for the purposes of fixing the final budget; and
 
WHEREAS, on July 16, 2013, pursuant to Ordinance 2731, the BPC adopted the Annual Budget for Fiscal Year 2013/2014; and
 
WHEREAS, in October 2013 the BPC approved acceptance of the Port Security Grant Program FY13 (PSGP) from the Department of Homeland Security in the amount of $501,424 for security related projects, inclusive of matching funds to be provided by the District; and
 
WHEREAS, when the BPC adopted the FY13/14 final budget in July 2013 the
approved grant funds were not known at the time; and
 
WHEREAS, the required matching funds are budgeted in the Government & Civic Relations department Non-Personnel budget; and
 
WHEREAS, because the grant funds were not available to include in the District’s FY13/14 budget, an amendment is require for District staff to begin the project work; and
 
WHEREAS, the PSGP FY13 performance period expires in August 2015; and
 
WHEREAS, due to the shortened time frame, project work needs to begin and cannot wait for the FY 14/15 budget cycle to ensure compliance of the performance period.
NOW THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
 
Section 1. That the amendment to the District’s Fiscal Year 2013/2014 annual budget increasing the Technology Management Program Capital Budget to include the 25% required contribution by the District in the amount of $50,000 from the
District’s Government & Civic Relations department’s Non-Personnel budget and the Security Grant Program Fiscal Year 2013 award accepted by the BPC in October 2013 in the amount of $150,000 totaling $200,000 for Cruise Terminal CCTV
Surveillance Enhancements; and increasing the Equipment Outlay budget to include the 25% required contribution by the District in the amount of $21,250 from the
Government & Civic Relations department’s Non-Personnel budget and the Port
Security Grant Program Fiscal Year 2013 award accepted by the BPC in October 2013 in the amount of $63,750 totaling $85,000 for the Subsurface Navigation Device project, are hereby approved and adopted.
 
Section 2. This Ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
 
APPROVED AS TO FORM AND LEGALITY: PORT ATTORNEY
 
PASSED AND ADOPTED by the Board of Port Commissioners of the San Diego Unified Port District, this 14th day of January 2014, by the following vote:
 
AYES: Bonelli, Castellanos, Malcolm, Merrifield, Moore, Nelson, and Valderrama
NAYS: None.
EXCUSED: None.
ABSENT: None.
ABSTAIN: None.
SIGNED BY: Bob Nelson, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub. Jan 24-00117598

SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2752
 
ORDINANCE AMENDING THE FY13/14 BUDGET, INCREASING THE FY13/14 CAPITAL IMPROVEMENT PROGRAM APPROPRIATIONS PURSUANT TO BPC 90 BY TRANSFERRING $179,409 FROM THE FY13/14 PERSONNEL EXPENSE APPROPRIATIONS
 
WHEREAS, the San Diego Unified Port District (District) is a public corporation
created by the legislature in 1962 pursuant to Harbors and Navigation Code
Appendix 1, (Port Act); and
 
WHEREAS, Section 21 of the Port Act requires that the adoption of an annual budget be by ordinance; and
 
WHEREAS, Board of Port Commissioner (BPC) BPC Policy No. 090 requires BPC approval for any transfer within the Capital Improvement Program; and
                                             
WHEREAS, the Broadway Pier Surface Enhancements and Security Fence and Gate System project combines two separately funded projects into one
construction contract to allow their construction to be carefully coordinated with each other and the surrounding North Embarcadero Visionary Plan (NEVP) Phase 1
project; and
 
WHEREAS, the overall scope of the combined project will provide comfortable and safe facilities for the region’s residents, visitors, and the cruise ship industry at Broadway Pier; and
 
WHEREAS, the surface enhancements portion of the project includes site
furnishings, flag poles, surface treatments, and other amenities that are being
provided at the Broadway Pier pursuant to a condition of approval of the Coastal Development Permit for the NEVP; and
 
WHEREAS, the surface enhancements are funded through a $1,000,000
contribution from Civic San Diego (formerly the San Diego Center City Development Corporation), and are separate from the $28.6 million funding for the NEVP; and
 
WHEREAS, the security fence and gate system portion of the project includes two fence and gate systems that will provide permanent security measures required by the U.S. Coast Guard for cruise ship terminal operation with funding through a security grant from the US Department of Homeland Security and cannot be utilized for any improvements other than security measures; and
 
WHEREAS, the design concept for the project was approved by the Board of Port Commissioners (BPC) at its April 2012 meeting; and
 
WHEREAS, the final design, prepared by District consultant Civitas, Inc. was
coordinated through a series of meetings with stakeholder representatives from Civic San Diego and the District’s General Services, Marine Operations, and
Marketing departments with the construction budget determined on the available funding, committed soft costs, and construction contingency; and
 
     WHEREAS, on September 9, 2013, the contract documents were advertised, and on October 7, 2013, four bids were received with base bid amounts ranging from $1,029,800 to $1,380,000; and           
 
      WHEREAS, all bids exceeded the overall budget so District staff met with the project stakeholder representatives to review options and determine how to proceed with the result being an agreement by the stakeholder representatives to
recommend rejection of all bids and request authorization to revise the scope and re-advertise the project for new bids; and
 
      WHEREAS, District staff prepared agenda item #10 for the BPC meeting on
December 10, 2013, and the BPC reviewed the item and continued it until the
January 14, 2014 BPC meeting and directed District staff to determine how to
provide additional funding that will allow the BPC to award the contract to the lowest responsive bidder; and
 
     WHEREAS, District staff reviewed the current funding sources, analyzed the budget needs to award the contract, and identified areas in the District’s various budget sources to locate additional funds for the project; and
 
      WHEREAS, District staff determined the additional funding required to award a construction contract to the lowest responsive and responsible bidder which
required separate analysis of each funding source compare to the bid breakdown of the associated project improvements; and
 
     WHEREAS, the soft costs and a 6% contingency were deducted from each funding source amount (the 6% contingency amount is required pursuant to BPC Policy 110 Section 1-C(2) for contracts between $1,000,000 and $5,000,000); and
 
        WHEREAS, an alternate calculation was also required because the bid savings from the grant funded security fence and gates could not be applied to offset the bid overage of the surface enhancements thus the bid overage of the surface
enhancements, $179,409 drives the additional funding to award the bid contract; and
 
       WHEREAS, District staff also reviewed other budgets to determine how
additional funds could be reallocated into the P0413 – Surface Enhancements budget; and
 
       WHEREAS, the resulting recommendation is to utilize the budget from the
District’s Personnel Expense Appropriations.
 
The Board of Port Commissioners of the San Diego Unified Port District do
ordain as follows:
 
Section 1. That the amendment to the budget increasing Fiscal Year 2013-2014 Capital Improvement Program appropriations pursuant to BPC Policy No. 090 by transferring $179,409 from the Fiscal Year 2013-2014 Personnel Expense
Appropriations is hereby adopted.
 
Section 2. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
 
APPROVED AS TO FORM AND LEGALITY: PORT ATTORNEY
 
PASSED AND ADOPTED by the Board of Port Commissioners of the San Diego Unified Port District, this 14th day of January 2014, by the following vote:
 
AYES: Bonelli, Castellanos, Malcolm, Merrifield, Moore, Nelson, and Valderrama
NAYS: None.
EXCUSED: None.
ABSENT: None.
ABSTAIN: None.
SIGNED BY: Bob Nelson, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub. Jan 24-00117599


Port of San Diego
PUBLISHED: Friday January 24, 2014


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