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HomeMy WebLinkAbout11 - CIP Project Management Services0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. –"— February 13, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum 949-644-3311 or sbadum @city.newport- beach.ca.us SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH GABLE ENGINEERING FOR CIP PROJECT MANAGEMENT SERVICES RECOMMENDATION: 1. Approve a Professional Services Agreement with Gable Engineering at a not to exceed price of $50,000 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a Budget Amendment transferring $50,000 from salary savings in the • Engineering Division (5100 -7000) and transfer the funds to Engineering Division Services Professional and Technical Account 5100 -8080. DISCUSSION: With the recent retirement of our City Engineer, supplemental project management services are needed to fill the gap to keep the Capital Improvement Program and its various projects moving forward. Staff solicited proposals from various small local firms and independent consultants. Upon review, staff selected Gable Engineering as the best qualified to provide interim. project management services. The proposed scope of professional services will include the management of the design and construction of various capital projects as assigned by the Acting City Engineer. The designated project manager from Gable Engineering will be Mark Reader, P.E.. Mr. Reader has over twenty years experience in Civil Engineering and has extensive experience in managing capital projects. We expect that we will utilize Mr. Readers project management services at an average of 20 hours per week. The proposed hourly rate is $100 /hr and the overall cost will not exceed $50,000. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds are available • in the following account(s) for the project: Approval of Professional Services Agreement with Mark Reader for CIP Management Services February 13, 2007 Page 2 Account Description Services Professional and Technical Submitted by: Director Account Number 5100 -8080 Total Professional Services Agreement Amount • $50,000.00 $50,000.00 n U • PROFESSIONAL SERVICES AGREEMENT WITH • GABLE ENGINEERING FOR CAPITAL IMPROVEMENT PROJECT MANAGEMENT THIS AGREEMENT is made and entered into as of this _ day of 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and GABLE ENGINEERING, an individual, whose address is 392 Ramona. Way, Costa Mesa, Califomia,92627 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to proceed with the design and. management of the City's Capital Improvement projects. C. City desires to engage Consultant to manage miscellaneous Capital Improvement projects ( "Project'). • D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Mark S. Reader. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms. and conditions set forth in. this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June, 2007, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED • Consultant shall diligently perform CIP Management Services as assigned by the City Engineer. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure .by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case. of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 0 City shall pay Consultant for the services on a time and expense not4o- exceed basis in accordance with the provisions of this Section and the Billing Rate of $100/hr. and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable • items and subconsultant fees, shall not exceed Fifty Thousand Dollars and no /100 ($50,000) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the .specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This .Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Mark S. Reader • to be its Project Manager. Consultant shall not remove or reassign the Project Manager. 2 • 6. ADMINISTRATION This . Agreement will be administered by the Public Works Department. Stephen G. Badum shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant In the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, access to all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultants work schedule. B. Provide blueprinting and other services through Citys reproduction company for bid documents. •8. STANDARD OF CARE • 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the .services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's • work promptly, or delay or faulty performance by City, contractors, or governmental agencies. i� 9. 10. HOLD HARMLESS • To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines; penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this Indemnity shall be construed as authorizing any award of attorney's fees in any. action on or to enforce the terms of this Agreement. This indemnity, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of • indemnification to be provided.by the Consultant. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited :by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. • 4 12. CITY POLICY • Consultant shall discuss and review all matters relating to policy and Project direction with City s Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's .indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in .a form satisfactory to City. A. Certificates of Insurance. Consultant .shall provide certificates of insurance with original endorsements to City as evidence of the insurance • coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A" person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category . Class VII (or lar9er) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. I. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employers Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each • subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California for all of the subcontractors 5 employees. Any notice of cancellation or non - renewal of all • Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed 1 by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be perfomted under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage' for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for • each occurrence. E. Endorsemenfs. Each general liability and automobile liability insurance policy shall be endorsed with the following speck language: I. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, Including any self - insured retention City may have,` shall be 'considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. • 6 iv. The insurer waives all rights of subrogation against City, its elected • or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give. City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS • Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of.the following shall be construed as :an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means,fifly percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS • Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by 7 Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive. property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to. City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at Citys sole risk and without liability to Consultant. Further, any and all liability arising* out of changes made. to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. OPINION OF -COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or.over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or . copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS I�L Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date • of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of F City to examine, audit and make transcripts or copies of such records and • invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have.an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. • 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 .(the "Act "), which (1) requires such, persons to disclose any financial interest that may foreseeably be materially affected by the work performed. under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements. of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from • Consultant to City shall be addressed to City at: M 26. 27. Attn: Stephen G. Badum Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3311 Fax: 949- 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Gable Engineering Mark S. Reader 392 Ramona Way Costa Mesa, Ca 92627 Phone: 949 - 981 -5260 TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two. (2) calendar days, or. if more than two (2) calendar days are reasonably required to-cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. . Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports; Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, • • ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, • county,.state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. ib • 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not. be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 31. 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 the Agreement or any other rule of construction which might otherwise apply. • 32. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City. Attorney. 33. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. , 34. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 11 35. EQUAL OPPORTUNITY EMPLOYMENT • Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on. the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A Municipal Corporation ,4 C By: Assistant City Attorney, Aaron Harp Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: GABLE ENGINEERING: By: By: LaVonne Harkless, Mark S. Reader City Clerk • Attachments: Letter of Proposal • F *%Users%PBWlShared%Agreements%FY 06- 0TREADER -TEMP EMPLOYMENT.doc 12 • January l5, 2007 Mr. Steven G. Badum City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA Re: Contract Engineering Position Dear Mr. Badum, It was a pleasure meeting with yourself and Lloyd Dalton to discuss employment with the City of Newport Beach Public Works Department as a part time contract engineer. As a follow up to our meeting last Friday, I would like this letter to express my interest in this position and I look forward to assisting the city with their engineering needs. I have it track record of being a self starter and, founded and operated a successful private practice civil engineering consulting firm for 15 years. After running a small business for many years and wanting the challenge of working on much larger projects, I re-entered the corporate world and enjoyed being involved with large budget projects. An integral part of this management position at HE was determining client needs, finding solutions to problems and • then executing plans to provide timely services to meet deadlines. In addition to my management skills I feel my civil and structural engineering expertise will be an added benefit to the City of Newport Beach. My resume is enclosed for your review and I look forward to hearing from you in the near future. Sincerely, Mark S. Reader, PE • City of Newport Beach BUDGET AMENDMENT 2006 -07 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND X Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 07BA -045 AMOUNT: $so,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance To transfer budget appropriations from salary savings to execute a professional services agreement with Gable Engineering for CIP protect management services. .ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Account ONUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Description Description Description 5100 Public Works - Engineering 7000 Salaries - Misc 5100 Public Works -Engineering 8080 Services - Professional & Technical NOC Signed: Fin nciai Approval: `Administrative Services Director Signed: • - Administrative Approval: Signed:. Amount Debit Credit $50.000.00 $50.000.00 e'?'. 2-r710 -7 D City Council Approval: Clty.Clerk Date