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HomeMy WebLinkAbout11/19/2008 - STAFF REPORTS - 2.K. °k Q p`M S., �y u' w s c9`1)70TL P _ City Council Staff Report November 19, 2008 CONSENT CALENDAR Subject: APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH NOLTE ASSOCIATES, INC., FOR THE TAHQUITZ CREEK LEVEE CERTIFICATION From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Award of this contract will allow the City to proceed with certification of the existing Tahquitz Creek levee, required by federal regulations to demonstrate adequacy of the levee to protect properties from a 100-year flood. RECOMMENDATION: 1) Approve Agreement No. with Nolte Associates, Inc. in the amount of $148,800 for civil engineering services related to the Tahquitz Creek Levee Certification; and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: In 2005, the Federal Emergency Management Agency (FEMA) began work to modernize the Flood Insurance Rate Maps (FIRMS) in Riverside County. On August 22, 2005, FEMA's national office issued "Procedure Memorandum 34", Interim Guidance for Studies Including Levees, which requires that all levees on National Flood Insurance Program (NFIP) maps accredited as providing protection from the base (1% annual chance) 100 year flood be certified or re-certified to meet the regulatory requirements found in the Code of Federal Regulations at 44 CFR 65.10. In accordance with Procedure Memorandum 34, any levees not meeting the requirements of 44 CFR 65.10 are to be dis-accredited and the vulnerable areas behind the levees be depicted as floodprone on the new digital FIRMS created out of FEMA's Map Modernization Program. Item No. 2 • K • City Council Staff Report November 19, 2008- Page 2 Tahquitz Creek Levee Certification The federal regulation found at 44 CFR 65.10 requires that levees certified by FEMA as providing flood control protection meet or exceed several criteria, such as: • The top of levee must provide 3 feet of freeboard above the base flood elevation, and must provide 4 feet of freeboard above the base flood elevation 100 feet upstream and downstream of any structure (i.e. bridges) • All openings through levee must be provided with closure devices that are structural parts of the system during operation • Engineering analysis must be submitted to demonstrate that no appreciable erosion of the levee embankment can be expected during the 100-year storm • Engineering analysis must be submitted to demonstrate that seepage of water into or through the levee foundation and embankment will not jeopardize the embankment or levee stability • Engineering analysis must be submitted to demonstrate that settlement of the levee will not occur, and that freeboard requirements will be maintained • Engineering analysis must be submitted to demonstrate that during the 100-year flood, interior drainage (or flooding behind the levee) is accommodated • The levee must be operated (i.e. closure devices and mechanical systems) in accordance with an Operations Plan meeting FEMA requirements and adopted by an agency participating in the NFIP • The levee must be maintained in accordance with a Maintenance Plan meeting FEMA requirements and adopted by an agency participating in the NFIP FEMA's Map Modernization Program has provided a public benefit, by compiling all of the previously separate FIRMS into a comprehensive set of digital FIRMS for all of Riverside County, and include color topographic aerial survey information with the flood insurance data, making it much easier to locate specific properties on a digital FIRM to determine flood zone information. However, as a result of FEMA's Map Modernization Program, and its issuance of Procedure Memorandum 34, all communities in Riverside County were required to certify all levees providing flood control protection, otherwise those areas behind the levees previously afforded flood control protection by the levee would be shown in a flood zone — requiring purchase of flood insurance as required by law. On May 23, 2006, formal letters were distributed by FEMA to the chief executive officers of all communities in Riverside County, including Palm Springs. In this letter, FEMA listed 5 levee systems providing protection from the 100-year storm depicted on the prior FIRMS, requiring certification per 44 CFR 65.10, which include: • Chino Creek levee • Whitewater River levee • Tahquitz Creek levee • Arenas Canyon levee • Palm Canyon Wash levee City Council Staff Report November 19, 2008 - Page 3 Tahquitz Creek Levee Certification In Palm Springs, the City's flood protection systems are maintained by Riverside County Flood Control and Water Conservation District (RCFC). In response to the initial FEMA letter, RCFC and many other public agencies and cities (including Palm Springs), communicated the need for much more time to compile the information requested. As a result, FEMA has allowed all existing levees to be shown on the new digital FIRMS as "Provisionally Accredited Levees", and required communities with those levees to enter into an agreement with FEMA to certify the levees per 44 CFR 65.10 by August 8, 2009. RCFC entered into agreements with FEMA to certify all of the levees it operates and maintains in Riverside County, including the Chino Creek, Whitewater River, Arenas Canyon and Palm Canyon Wash levees. However, as a result of this issue, the City learned that RCFC does not consider the Tahquitz Creek levee located adjacent to Demuth Park and the City's wastewater treatment plant as a levee it owns. This levee was initially constructed many years ago to provide some flood control protection to the sewer plant, and was reconstructed in its present form during construction of the Tahquitz Creek golf course by the City. Upon learning this fact, the City coordinated with FEMA and entered into an agreement to certify the Tahquitz Creek levee. Therefore, it is the City's responsibility to certify the Tahquitz Creek levee in order for the area behind the levee to remain in an area designated as protected from the 100-year storm. Attachment 1 includes an exhibit of the area in question. If the City is unable to certify this levee per 44 CFR 65.10, the area shown as Zone X will be re-designated as Zone A subject to flooding. RCFC solicited proposals from professional engineering firms to provide services to certify the levees in Riverside County per 44 CFR 65.10 in 2007. Three firms responded to RCFC's solicitation: Tetra Tech, HDR, and Nolte Associates, Inc. After reviewing the proposals submitted by all three firms, RCFC decided to award contracts to each firm to certify levees in different areas of Riverside County. Based on their selection criteria, RCFC awarded a contract to Nolte Associates, Inc., to certify the Arenas Canyon levee and Palm Canyon Wash levee. The contract was awarded by RCFC on September 4, 2007, and the consultant has been proceeding with certification services of the levees for RCFC. 7.04.050 "Contracting procedures for professional services" of the City's Municipal Code outlines the normal qualifications based procedures for awarding a contract to a professional consulting firm. The Code also allows for sole source procurement, and in consultation with the City Attorney, staff is recommending that a contract be awarded to Nolte Associates, Inc., on the basis of the following facts: 1. RCFC issued a competitive qualifications based solicitation of firms to provide levee certification services for levees located within Riverside County, including levees within Palm Springs; 2. RCFC awarded a professional services contract to Nolte Associates, Inc., in response to their competitive qualifications based solicitation, to provide levee r� City Council Staff Report November 19, 2008- Page 4 Tahquitz Creek Levee Certification certification services for the Arenas Canyon and Palm Canyon Wash levees, located in Palm Springs; 3. Nolte Associates, Inc., has submitted a scope and fee proposal to the City to provide levee certification services for the Tahquitz Creek levee, which fee is comparable to fees approved by RCFC for the Arenas Canyon and Palm Canyon Wash levees; 4. The public interest is best served in ensuring the certification of the Tahquitz Creek levee is completed by August 9, 2009; 5. Nolte Associates, Inc., is ready, willing and able, and represents the most qualified professional consulting firm that is familiar with the requirements of 44 CFR 65.10 as it relates to levee certification, and can complete the certification by August 8, 2009. Staff has prepared a contract services agreement with Nolte Associates, Inc., which includes a scope to certify the Tahquitz Creek levee. The recommended fee is $148,800. FISCAL IMPACT: Sufficient funds are available in the Drainage Fund accounts 135-4370-55002, 135- 4371-50227, 135-4371-55000, 135-4372-55000, 135-4374-55000. SUBMITTED: David J. Barakian Thomas J. Wil n Director of Public Works/City Engineer Assistant City Manager ef David H. Ready, City Ma ATTACHMENTS: 1. Flood Insurance Rate Map exhibit 2. Agreement is 4 ��.—� - •vF r_„fir _ - r ^ - -t:. _ _ _ - r — ,C. - tevec �n • ,a.•, - �� EMERALD COURT reap•• •+-• -:• •f- �j^�r ZONE Jf t 16 z 7- VISTA• c�� : . . • . �� }} .•L,- ,y� W RNING: P'rovisianally Accredited,Le� z. �S•L'. w' w, li� ..*}� Fnrexplanalion,see ftre N'vtes ta.Us`r , nJ "'Palm S EIil s 1� tZDNE JC Q4iVz$� �Trrl e MpAS WAY •a ,11 .- �A1. ���. .ko' �- ZGNEMXrwtrvF ,rT�A,tLED �AE�� o ,•w •� dVie. STUDY '` V .:.,% . '• � � y.Vj"' ; SPRINGS ;.,' t CITY CERTIFIED LEVEE SOUTH OF WWTP AREA TO BE PROTECTED FROM 100-YEAR FLOOD PENDING CERTIFICATION OF TAHQUITZ CREEK LEVEE CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT Tahquitz Creek Levee Certification THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of , 2008, by and between the CITY OF PALM SPRINGS, a California charter city, (herein "City") and Nolte Associates, Inc., (herein "Contractor"). The term Contractor includes professionals performing in a consulting capacity. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses Permits Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed and (c) fully understands the facilities, difficulties and restrictions attending performance of the services Page 1 of 12 r under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has, or will, investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer, Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions in Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred Forty-Eight Thousand Eight Hundred Dollars ($148,800.00) (herein "Contract Sum"), except as provided in Section I.S. The method of compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and Page 2 of 12 materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation therefore, and the provisions of Section 1.8 shall not be applicable for such services. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1') working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 32 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively- 3-3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. Page 3 of 12 10, (Y 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services as provided in the Schedule of Performance (Exhibit"D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Scott Berkebile, PE, CFM It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 42 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City, Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Page 4 of 12 Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance, The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability- (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit"B". All of the above policies of insurance shall be primary insurance and issued by companies whose rating satisfies the requirements in Section 5.4 of this agreement. The Page 5 of 12 _— f L insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them, and each of them, harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom, (c) In the event the City, its officers, agents or employees are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. Page 6 of 12 ;ii r 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original, notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5A Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "B++, Class VIII" or better in the most recent edition of Bests Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City Manager due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement create an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Rom. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be Page 7 of 12 _- _ IL 2 delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for Its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county. Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party, in writing, of its contentions by submitting a claim therefor. The injured parry shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party, provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third parry, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an Page 8 of 12 amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7A Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero_Dollars ($0,00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause Page 9 of 12 � C; pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. Page 10 of 12 1, 5 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263. In the case of the Contractor, it should be addressed to the person at the address designated on the execution page of this Agreement. Either parry may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation,. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. (SIGNATURES ON FOLLOWING PAGE) Page 11 of 12 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRINGS, ATTEST: a California charter city By: By: City Clerk City Manager APPROVED AS TO FORM- By: City Attorney CONTRACTOR: Nolte Associates, Inc. Check one: Individual _Partnership_Corporation By: By. Signature(notarized) Signature(notarized) Name: Name. Title: Title. (This Agreement must be signed in the above space by This Agreement must be signed in the above space by one of the following:Chairman of the Board, President or one of the following. Secretary, Chief Financial Officer or any Vice President) any Assistant Treasurer) State of f State of � County of 155 County of lss On On before me, before me personally appeared personally appeared who proved to me on the basis of satisfactory evidence to be who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within the person($) whose name(s) islam subscribed to the within instrument and acknowledged to me that helshelthey executed Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacdy(ies), and that by the same In hWher/their authorized capacdy(ies), and that by his/her/thelr signatures(s) on the instrument the person(s), or his/her/their signatures(s) on the instrument the porson(s), or the entity upon behalf of which the person(&) acted, executed the entity upon behalf of which the person(s) acted executed the instrument. the instrument I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature. Notary Signature: Notary Seal Notary Seal Page 12 of 12 EXHIBIT "A" SCOPE OF SERVICES GENERAL SCOPE — The intent of this contract is to provide the City with professional civil engineering services necessary to provide certification of the Tahquitz Creek levee, in accordance with levee criteria set forth in 44 CFR Section 65.10. Task 1 — Data Collection and Review Coordinate with City staff to obtain and review documents relevant to the levee certification effort, such as as-built plans, engineering plans, design engineering reports, and geotechnical reports. Coordinate with FEMA to obtain and review documents relevant to the levee certification effort, such as as-built plans, design engineering reports, geotechnical reports flood insurance studies, and floodplain mapping. Coordinate with City staff to obtain available documentation for past performance during flood events. Coordinate with City staff to obtain available documentation regarding past operation and maintenance activities. Prepare a summary memo to communicate findings about the ability to complete levee certification based on review of available documents. Task 1 Assumptions: City will lead efforts to identify and provide relevant documents that are in the City's possession. In support of Contractor's efforts to obtain relevant documents at City facilities the City will coordinate in advance with City staff and provide a project engineer to accompany the Contractor. City will lead efforts to identify and provide relevant documents that are in the possession of Riverside County Flood Control and Water Conservation District (District) or other local agencies. In support of Contractor's efforts to obtain relevant documents at local agency facilities the City will coordinate in advance with local agency staff and provide a project engineer to accompany the Contractor. Contractor has assumed that creation of as-built plans will not be needed and therefore are not part of this scope. If it is determined that as-built plans do not exist, Contractor can create those plans as an additional service. Task 1 Deliverables Summary Memo Exhibit"A" Page 1 of 6 EXHIBIT "A" SCOPE OF SERVICES Task 2— Field Inspection Conduct an initial field inspection to visually confirm current conditions, identify potential visible deficiencies and validate available as-built and maintenance information. Items of interest include surface stabilization, unwanted vegetation growth, depressions, erosion, slope stability, cracking, animal control, encroachments, bank stabilization, closure structures and toe drainage systems. Once the Feld inspection is complete, Contractor shall meet with the City to discuss the findings. Perform Top of Levee survey to document elevations of existing surface for every 100 feet horizontally along levee reach. Task 2 Assumptions: The initial field inspection will consist of visual inspection only. The City will provide assistance as needed so that Contractor and its subconsultants can physically access the levee. Task 2 Deliverables Summary memo documenting findings from the field inspection Task 3 — Freeboard Evaluation Based on review of available hydrologic and hydraulic studies obtained in Task 1 and field survey data collected by Contractor, determine if the levee provides adequate freeboard between the top of levee elevation and the estimated base flood elevation. Contractor will also create a hydraulic model using best available topography to determine if the levee meets the FEMA freeboard criteria. This hydraulic analysis may also help determine if sediment deposition has occurred in the creek. Task 3 Assumptions: The City will collect and provide the 2007 topographic (2-foot contour) data owned by the District for use in the hydraulic modeling of the creek and levee. Revising hydrologic data and calculations will not be included as part of this scope. Flow data will be taken from available hydrologic studies or from the effective FEMA Flood Insurance Study. Task 3 Deliverables Summary memo that discusses the adequacy or deficiency of the levee with respect to the FEMA freeboard requirements as defined in 44 CFR Section 65.10. Exhibit"A" Page 2 of 6 EXHIBIT "A" SCOPE OF SERVICES Task 4— Closures Evaluation Based on review of available information obtained in Task 1, determine if existing openings in the levee, such as storm sewers, culverts and road crossings, have adequate closure devices with respect to the FEMA requirements as defined in 44 CFR Section 65.10. Task 4 Assumptions: The City can provide design information for all closures incorporated into the levee system. This task does not include preparation of as-builts or design calculations for structural elements needed to close openings in the levee system. Task 4 Deliverables Summary memo Task 6— Interior Drainage Evaluation Based on review of available information obtained in Task 1, determine the risk of interior flooding, including the extent of flooded area and water surface elevation. Task 5 Assumptions: Existing interior drainage analyses and drainage improvement as-built plans that are available from the City, District, or FEMA will be adequate for levee certification. Effort to refine or modify available interior drainage analyses is excluded, but can be performed as an additional service. Task 5 Deliverables Summary memo Task 6 — Embankment protection Evaluation Conduct analyses to evaluate embankment protection from erosion during the base flood, and that anticipated erosion will not result in failure of the levee embankment or foundation directly or indirectly through reduction of the seepage path and subsequent instability. Task 6 Assumptions: Adequate hydrologic and hydraulic analyses to support the embankment protection evaluation were obtained and/or completed during Tasks 1 and 3. Exhibit"A" Page 3 of 6 201 EXHIBIT "A" SCOPE OF SERVICES Task 6 Deliverables Summary memo and associated documentation required for submittal to FEMA for levee certification. Task 7— Embankment and Foundation Stability Evaluation Utilize available geotechnical data obtained in Task 1 to perform embankment and foundation stability analyses. Utilize available geotechnical data obtained in Task 1 to evaluate expected seepage during loading conditions associated with the base flood and demonstrate that seepage into or through the levee foundation and embankment will not jeopardize embankment or foundation stability. An extensive field exploration will be conducted to collect any required data not found in the City's archives. In addition to the field exploration, lab testing will occur to analyze the characteristics of each sample taken. These lab tests may include: moisture/density, sieve analysis, hydrometer, Atterberg limits, compaction tests, permeability, consolidation, undrained consolidation (CU) triaxial tests, and direct shear. This scope includes time for coordination with the lab. The subsurface exploration and lab testing will follow the United States Army Corps of Engineers' design guidelines. Task 7 Assumptions: Encroachment permitting and right-of-entry to locations will be provided by the City. Access to drilling locations is adequate for drivable equipment. Drill cuttings can be spread around site and/or stored in drums and removed by the City. Contractor will not be responsible for any environmental assessments, handling/storage/disposal of hazardous or contaminated soil, or disposal of'drilling spoils. Task 7 Deliverables Summary memo of lab test results and field observations Task 8 -- Settlement Potential Evaluation Based on review of available information obtained in Task 1, confirm that adequate engineering analyses to evaluate settlement potential and magnitude of future losses of freeboard from settlement were performed. If adequate engineering analyses were not obtained in Task 1, utilize geotechnical data collected during the field exploration and lab tests in Task 7 to evaluate settlement potential. Exhibit"A" Page 4 of 6 EXHIBIT "A" SCOPE OF SERVICES Once technical analyses discussed in Tasks 3 through 8 are completed, Contractor will meet with the City to discuss the results. Task 8 Assumptions Adequate geotechnical information to support completion of settlement potential evaluation was completed under Task 7. Task 8 Deliverables Summary memo and associated documentation required for submittal to FEMA for levee certification. Task 9 -- Operation and Maintenance Plan Complete updates to the City's current operation and maintenance plan to meet FEMA minimum requirements. Identify maintenance deficiencies that may prevent levee certification and develop recommended maintenance tasks needed for certification. Task 9 Assumptions Pertinent operation and maintenance information is provided during Task 1. City staff will be responsible for participating in the development, review, and approval of the Draft and Final Operation and Maintenance Plan prepared by Contractor. Task 9 Deliverables Draft Operation and Maintenance Plan Final Operation and Maintenance Plan Task 10— Levee Certification Submittal Preparation Prepare a draft levee certification submittal for City review with all information, forms, plans and maps to meet FEMA certification requirements. Prepare and transmit to FEMA a final submittal with all information, forms, plans and maps to meet FEMA certification requirements. Submit all information to FEMA and the City in both digital and hard copy format. Submit to the City two (2) copies of the back up information for each levee substantiating that each meets or exceeds the certification criteria. If the levee does not meet FEMA's levee certification criteria, Contractor will prepare a report that clearly indicates what deficiencies exist (freeboard, maintenance, structural, etc.), their Exhibit"A" Page 5 of 6 2 EXHIBIT "A" SCOPE OF SERVICES location, and include a detailed recommendation of measures that need to be taken to remedy each deficiency. Task 10 Assumptions Submit to the City up to two (2) copies of the draft and final levee certification submittal in hard copy and digital formats. Task 10 Deliverables Draft and Final Levee Certification Submittal if levee meets FEMA certification requirements Report identifying deficiencies with recommended measures if levee does not meet FEMA certification requirements END OF EXHIBIT "A" Fxhibit"A" Page 6 of 6 7 EXHIBIT "B" SPECIAL REQUIREMENTS As specified in Section 5.1 (d), Additional Insurance, the following insurance policy shall be required: Professional Errors and Omissions Insurance. A policy of Professional Errors and Omissions Insurance in an amount not less than One Million Dollars ($1,000,000.00) per claim and in the aggregate with respect to loss arising from the actions of the Contractor performing professional services hereunder on behalf of the City. Section 5.3, Performance Bond, is deleted. Section 7.7, Liquidated Damages, is waived. END OF EXHIBIT "B" Exhibit"B" Page 1 of 1 EXHIBIT "C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such task item as determined by the Contract Officer. Each request for payment shall contain Contractor's statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgment of the Contract Officer. Task Total Lump Sum Task 1, Data Collection and Review $15,200.00 Task 2, Field Inspection $31,500.00 Task 3, Freeboard Evaluation $6,500.00 Task 4, Closures Evaluation $1,600.00 Task 5, Interior Drainage Evaluation $2,800.00 Task 6, Embankment Protection Evaluation $11,000.00 Task 7, Embankment and Foundation Stability Evaluation $47,200.00 Task 8, Settlement Potential Evaluation $14,800.00 Task 9, Operation and Maintenance Plan $7,800.00 Task 10 Levee Certification Submittal Preparation $10 400.00 Total $148,800.00 END OF EXHIBIT "C" Exhibit"C" Page 1 of 1 2,5 EXHIBIT "D" SCHEDULE OF PERFORMANCE Task Duration (estimated from Notice to Proceed) 1 - Data Collection & Review 10 weeks 2 - Field Investigation 4 weeks after Task 1 - includes time to perform Top of Levee survey 3 - Freeboard Evaluation 2 weeks after Task 2 4 - Closures Evaluation 2 weeks after Task 2 5 - Interior Drainage Evaluation 2 weeks after Task 2 6 - Embankment Protection Evaluation 6 weeks after Task 2 7 - Embankment and Foundation Stability Evaluation 6 weeks after Task 2 8 - Settlement Potential Evaluation 6 weeks after Task 2 9 - Operation & Maintenance Plan 4 weeks after Task 8 10 - Levee Certification Submittal Package 4 weeks after Task 9 TOTAL 28 weeks Exhibit"1Y' Page 1 of 1 26 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2008-09 FISCAL YEAR. WHEREAS Resolution 22265 approving the budget for the fiscal year 2008-09 was adopted on June 18, 2008; and WHEREAS the City Manager has recommended, and the City Council desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 22265, adopting the budget for the 2008-09 fiscal year is hereby amended as follows: SECTION 1, ADDITION Fund Activity Account Amount 135 4371 Ito be created $200,000 Purpose Tahquitz Creek Levee Certification SECTION 2. SOURCE Drainage Fund Balance Fund Act Account Amount 135 29301 $200,000 ADOPTED THIS 19th day of November, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on November 19, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California W "