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HomeMy WebLinkAbout10/15/2008 - STAFF REPORTS - 2.P. � �4pLM SA9 iy c V N x x ry�1o1[vsV x Cg41FOVL CITY COUNCIL STAFF REPORT DATE: October 15, 2008 CONSENT CALENDAR SUBJECT: APPROVAL OF A CONTRACTUAL SERVICES AGREEMENT WITH THE PALM SPRINGS ECONOMIC DEVELOPMENT CORPORATION IN THE AMOUNT OF $30,000 FOR THE PURPOSE OF IMPLEMENTING A BUSINESS RETENTION VISITATION PROGRAM FROM. David H. Ready, City Manager BY: Community & Economic Development Department SUMMARY Staff recommends the City Council approve a Contractual Services Agreement with the Palm Springs Economic Development Corporation in the amount of $30,000 for the purpose of implementing a Business Retention Visitation Program. RECOMMENDATION: 1) Approve an agreement with the Palm Springs Economic Development Corporation for implementing a business retention visitation program in the amount of$30,000. 2) Authorize the City Manager to execute all necessary documents. 3) Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE FISCAL YEAR 2008-09 BUDGET." STAFF ANALYSIS: In order for the City to be more responsive to the needs of the business community, City staff has negotiated an Agreement whereby the PSEDC would undertake a Business Retention and Expansion Program and a New Business Welcome Program under a single flat contract in the amount of $30,000. The City and PSEDC have a prior history with the Business Retention and Expansion Program, as PSEDC participated in developing the previous program in the mid 1990's; later, the City contracted with the PSEDC to conduct all of the interviews and draft the report to Council. The program was funded by grants from Riverside County's Workforce Development Board until 2001. Item No. 2 • P • City Council Staff Report (October 15, 2008)-- Page 2 (Palm Springs Economic Development Corporation Agreement) Given the City Council's priority of ensuring the "Economic Vitality" of the community and the PSEDC's participation in the Business Retention Subcommittee, the City desires to contract with the PSEDC to undertake a business retention effort that combines a "New Business Welcome" with a traditional Business Retention Program, proactively visiting businesses in an effort to focus resources on those businesses just getting started in Palm Springs, when the need is greatest. The contract allows the PSEDC to have the flexibility to commit its resources to the activities which they determine to be most productive. Through the contract, the PSEDC will assist the City implement a positive community outreach program for businesses in Palm Springs through a sustained program of visitation and referral to resources, in part by providing businesses information on resources available and assisting businesses in receiving assistance by providing follow up with the service providers. The Contractual Services Agreement is in the amount of $30,000 and would be in a form acceptable to the City Attorney. This action approves the Agreement and appropriates the funds from Fund Balance. The City Manager will execute the Agreement and all related documents. FISCAL IMPACT: The cost of the Agreement to the City is $30,000, to be appropriated from Fund Balance. John *mn Director Cathy Van horn C conomic Development Economic Development Administrator David H. Ready, nager Tom Wilson, sistant City Manager Attachments: Contractual Services Agreement Budget Resolution R CONSULTING SERVICES AGREEMENT (Palm Springs Economic Development Corporation, Business Retention Services) THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this _ day of 2008, by and between the City of Palm Springs, ("City"), and the Palm Springs Economic Development Corporation, a California Non-Profit Corporation ("Consultant"). RECITALS A. City requires the services of an entity to provide "new business visitation" and business retention services for the City of Palm Springs (Project")- B. Consultant has submitted to City a proposal to provide new business welcome and business retention services to City pursuant to the terms of this Agreement. C. Based on its experience, training, and reputation, Consultant is qualified to provide the necessary services to City for the Project and desires to provide such Services- D. City desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT I. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" of "work"), which includes the agreed upon schedule of perforiance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terns set forth in the main body of this Agreement, the terns set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Consultant in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.3 Licenses and Permits. Consultant 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. Revised:3/23/07 5076391 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit "A," which total amount shall not exceed Thirty Thousand Dollars ($30,000.00) 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to City in the form approved by City's finance director, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, the patties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City of Palm Springs for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 2 Reviscd 3123107 5076391 �4 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit "A." The extension of any time period must be approved in wilting by the Contract Officer. 4.3 Force Majeure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, Fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this Agreement, this Agreement shall continue in full force and effect for a period of twelve months, commencing on 2008 and ending on , 2008, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORT{ 5.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Tamara Stevens, Executive Director. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the Director of Community and Economic Development, or his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otberwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement Therefore, Consultant shall not contract with any other individual or entity to perfonn in whole or in part the services required hereunder without the express written approval of City. In addition, neither this 3 Revised 3/23/07 5076392 L:ail Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee 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; however, City shall have the right to review Consultant's work product, result, and advice. Consultant 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. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services set forth herein. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the Director of Community and Economic Development, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant_ Name: Title: Tamara Stevens Executive Director Ed Torres President 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit"B,"which is attached hereto and is incorporated herein by reference. 7. INDEMNIFICATION. To the fullest extent penmitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "lndeimnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, which Claims arise out of or are related to Consultant's performance under this Agreement, but excluding such Claims arising from the negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability heretuider. 4 Revised 3/23107 5076392 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the perfonnance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. Consultant shall keep such books and records as shall be necessary to properly 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 reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records_ 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the perfornance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing- under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGRF,EMENT 9.1 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, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant Any waiver by either party of any default must 5 ROVIsed 3123/07 9076391 r- 7 ii be in writing and shall not be a waiver of any other de['ault concerning the same or any other provision of this Agreement. 9.3 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. 9.4 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 injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City sball be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Covenant ALFainst Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, 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 pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing i f mailed as provided in this Section- 6 Revised 3122/07 507639.1 pp I'S Ci To City: City of Palm Springs Attention: Director of Community and Economic Development/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Palm Springs Economic Development Corporation P.O. Box 3205 Palm Springs, CA 92262 11.2 Integrated A14reement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Seyerability. In the event that anyone or more o f the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by 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 shall be interpreted to carry out the intent of the parties hereunder. 11.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. /// /// [SIGNATC]RE PAGE SEPARATELY ATTACHED] 7 Revised,3/23107 507639.2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By: David H. Ready, Esq., PIiD, City Manager ATTEST: APPROVED AS TO FORM: By: By. James Thompson Douglas C. Holland City Clerk City Attorney "CONSULTANT" Patin Springs Econoinic.Development Corporation Date: By : ( President) Date: ( Vice President) Revised 3123107 5076392 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance Revised 3/23/07 50%639.1 +� I EXHIBIT "A" SCOPE OF SERVICES/WORK Business Retention and Expansion Pro am and New Business Welcome Pro ain The PSEDC shall undertake a Business Retention and Expansion Program and a New Business Welcome Program. The programs shall be combined into the Business Retention Program, directing the PSEDC to focus resources on those businesses just getting started in Palm Springs, when the need is greatest. The PSEDC shall have the flexibility to commit its resources to the activities which they determine to be most productive. Under the,Agreement, the PSEDC shall: • Visit each new small business (sole proprietors to 25 employees) with a physical address in Palm Springs once they have applied for a business license, to provide the businesses with business start-up infonnation. in addition, PSEDC shall conduct a short survey to determine opportunities to assist the business and refer resources and assistance. • Identify and coordinate with the City a visit to every new business with more than 25 employees. • Revisit each "visited" new business at 6 months to determine the status of the business and any additional resource or assistance needs. • Provide businesses information on resources available and assist the business in receiving assistance by providing follow up with the service provider. • Provide twice-yearly reports to the City, which shall include the Following information: I. Number of new businesses visited and the contact information for each business, including e-mail. (Round 1). 2. Number of follow up visits made (Round 2). 3. Retention rate (Round 2/Round 1). 4. Summary of resources provided and/or service providers connected. 5. Recommendations for future policy discussion. The contract shall be a flat (paid monthly) contract to give the flexibility to the PSEDC to commit resources to the most productive activities. 10 Revised:3122107 507639? EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) RGvuotl 3/23/07 507639.2 Insurance Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to the City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in frill force and effect during the tern of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. A. Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars (SI,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars (S1,000,000.00)per occurrence; and, 3. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars Sl million per occurrence. If Consultant bas no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Tnsurance Requirement foci n_ For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. B. Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an AN, Best's Key Rating ofB-k+, Class VII, or better, unless otherwise acceptable to the City. C. 'Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the 12 Rovisod 3123/07 507639.1 T �a coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Tnsurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Paln7 Springs Contract No.____" or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palni Springs Contract No. " or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligations to provide them- E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured 13 Revised 3/23l07 507639.2 retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. F. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is broubht except with respect to the limits of the insurer's liability. 14 Revised:3/23/07 5076392 Y,I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2008-09 FISCAL YEAR. WHEREAS, Resolution No. 22265 approving the budgetforthe Fiscal Year2008-09 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, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution No. 22265, adopting the Fiscal Year 2008-09 budget is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount 001 1400 xxxxx $30,000 Purpose: Establish funding for SECTION 2. SOURCE Fund Activity Account Amount Fund Balance $30,000 ADOPTED THIS DAY OF 2008, David H. Ready, City Manager ATTEST: James Thompson, City Cleric r � Resolution No. Page 2 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California