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HomeMy WebLinkAbout2003-04-21 City Council (8)C ty of Palo Altto Manager’s Report 12 TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY .MANAGER DEPARTMENT: UTILITIES APRIL 21, 2003 CMR:178:03 APPROVAL OF CONTRACT WITH 3 PHASES ENERGY SERVICES TO PROVIDE RENEWABLE ENERGY CERTIFICATES AND SALES AND MARKETING SUPPORT FOR THE PALO ALTO GREEN PROGRAM FOR UP TO FIVE YEARS, UP TO THE AMOUNT OF $1,890,000 RECOMMENDATION Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract, renewable annually for a period not to exceed five years, with 3 Phases Energy Services for an amount not to exceed $1,890,000. Authorize the City Manager or his desi~aee to negotiate and execute one or more amendments to the contract to extend the tema of the contract for up to four (4) twelve (12) month periods for a maximum of 60 consecutive months. BACKGROUND The City established a renewable energy program ("FutureGreen") that became effective on Earth Day, April 22, 2000. That program offers 100% renewable energy options to all retail electric customers at a prelnium above the otherwise applicable rate. The premium varies depending upon the customer’s selection of: a) A 75% exlstan= renewable source combined with 25% from "new" renewable sources ("FutureGreen 25") b) A 50% "existing" renewable source combined with 50% from "new" renewable sources ("FutureGreen 50") CMR:178:03 Page 1 of 6 c) 100% from "new" renewable sources ("FutureGreen 100") The "FutureGreen" pro~am costs are currently funded by voluntary customer participation with no financial liability on the part of the City. There are approximately 200 electric participants in the "FutureGreen" program. DISCUSSION The City has redesigned the existing renewable energy pro~am to significantly improve its marketability, enhance customer participation, and reduce overall participant costs. The revised participation goa! is 2,000 electric accounts by the end of the five-year contract. This contract will offer the same "new" renewables (as defined by the California Energy Commission) as the "FutureGreen 100" pro~am at approximately 50% reduction of the current premium cost over the base rate to the participants. The new "Palo Alto Green" pro~am will continue to be funded through voluntary participation in the program by Palo Alto retail electric customers with no financial liability on the part of the City. Residential and small commercial "Palo Alto Green" rate schedules will provide one rate option from 100% "new" renewable sources. Large commercial, industrial and institutional Customers wi!l have the option of selecting part of their overall load by purchasing 1000 kV~ renewable "blocks~’. Contractor Service Description 3 Phases Energy Services (3 Phases) is a California energy service provider serving retail corporate, non-profit and residential customers with renewable energy certificates. Renewable energy certificates are created when a renewable energy facility generates electricity; the certificates are sold separately from the actual electricity. Each unique certificate represents the environmental attributes or benefits of each unit of renewable generation. Palo Alto would purchase certificates to match the electricity consumption of ".Palo Alto Green" customers. The State of California recognizes these certificates for meeting renewable energy content requirements for green power programs. 3 Phases has partnered with the Bonneville Power Administration (BPA), a federal power agency wholesaling renewable power and renewable energy certificates to 35 utility customers. The ~,,,o organizations will utilize their respective resources and experience to leverage City resources to offer its customers a comprehensive ~een energy pro~am that could become a successful prototype in the U.S. and serve as a model for other communities. CMR:178:03 Page 2 of 6 The new "Palo Alto Green" program will be administered and managed by City staff. 3 Phases will provide (1) the renewable energy certificates required to fulfill the program needs, and (2) critical assistance in launching and sustaining a highly targeted sales and marketing campaig-n. Selection Process The Renewable Energy Redesign Committee (Committee) developed a detailed scope of work for this project, included in a Request for Proposal (RFP) issued on January 13, 2003 (see Attachment A for the Scope of Selwices). RFP notices were sent to Green Power Network, California Municipal Utilities Association, the Center for Resource Solutions, Northern California Power Agency California Energy Commission, Hometown Connections, American Public Power Association, and the Bonneville Power Administration. The RFP anno-ancement was .also posted on the City’s RFP website. Purchasing staff sent the RFP to 10 vendor firms on January 15, 2003. Firms were given the Purchasing Department’s s tandard 3 weeks t o respond to the request, A total of 5 firms submitted proposals. Bids ranged from $6/MWh for the purchase of Certificates only to $20/MWh for a turnkey renewable energy program. Key features of the responses are summarized below in Table 1. A committee consisting of staff from Utility Marketing Services, Resource Management, and Utilities Administrative Services reviewed the proposals. The committee carefully reviewed each firna’s proposal, qualifications and submittal in response to the RFP relative to the following criteria: references, qualifications of principals and staff, familiarity with the City, financial stability, price range, completeness of proposal, proposal clarity, methodology, and completeness of response to scope of services. 3 Phases was selected because of its sales and marketing expertise in providing renewable energy products and services at a competitive price. 3 Phases Energy Selwices provided the City with four options in its response to the RFP. The committee negotiated a variation of Option 2, wherein 3 Phases would provide the City sales and marketing services more consistent with the final design of the new Palo Alto Green program. The new scope of work resulted in a slightly lower cost than what was originally proposed ($14/MWh for 97.5% Wind and 2.5% solar, or $13/MWh for 100% wind), and is reflected in the attached contract price schedule. CMR: 178:03 Page 3 of 6 Table 1. Sun-,mary of RFP responses as proposed. Key Features Summary e Certificates only Respondent 3 Phases Energy Services Option 1 Option 2 Option 3 Wind only No support services Price valid for 5 years Discount if average use exceeds 2 MW 100% new certificates Wind/solar mix Green-e certification* Extensive sales and marketing support Strong experience and expertise Price valid for 5 years Discount if average use exceeds 2 MW Including Option 2 JPrice $6/MWh $15/MWh $15/Mwh Partnership with local environmental organizations and preservation projects Option 4 °Including Option 2 $15/MWh + ~Full-scale, media-intensive offering o Requires additional resources and capital from CPAU Green Mountain o 15% new, 85% existing certificates $12/MWh o Innovative incentives $20/MWh for o APPA Hometown connections program 100% new ,,Strong experience ¯Price valid for one year Sterling Planet o 100% new, unspecified source $14.40/MWh .Focus on developing resources .Marketing support included ~Assistance in attaining green-e certification ¯Price valid for five years o $16/mwh rate with 10% revenue share to CPAU Genesis Power ,,100% Renewable Energy product content Option 1 ~50% new certificates $13.5/MWh i o Program offered to residential and small commercial customers only Option 2 .100% Renewable Energy product content $17.5/MWh ¯100% new certificates ,,Program offered to residential and small commercial customers only Ursa Energy Services ~Minimal marketing support $20/MWh o Outreach to local high schools ¯ Green-e certification is a voluntary certification program for renewable electricity products. The Green-e Program sets consumer protection and environmental standards for electricity products, and verifies that Green-e certified products meet these standards (Center for Resource Solutions). The committee regarded the sales and marketing support as a key component in implementing a successful program. The primary goal of the program is to improve customer satisfaction by achieving high participation rates, measured as percentage of customers participating in the program. This goal is best achieved with a balance of CMR:178:03 Page 4 of 6 reasonable retail price and appropriate leverage of City resources with experienced outside expertise. The Committee recommends the negotiated approach over using only in-house resources. Lower unit cost ($/MV~rh) may be achievable by purchasing only certificates in-house. However, to achieve the primary goal of high participation rate, City staff would need to .commit additional resources to have adequate sales and marketing support and services, development of marketing communication materials, and the development of pro~am advertising. 3 Phases is uniquely qualified to provide these services cost-effectively in this highly specialized field, and the staff recommendation represents the best alternative to achieve the goals of the pro~am. Lessons learned from the previous "FutureGreen" program and successes at other utilities strongly suggests that an experienced, cooperative approach will add considerable financial and non-financial benefits to the program. RESOURCE IMPACT Since "Palo Alto Green" is a cost pass-through voluntary pro~am, there is no net impact on City financial resources. Originally, staff anticipated that 2% to 5% of residential customers would be likely to participate in "Palo Alto Green", leading to additional premium revenues and equivalent expenditures of up to $120,000 annually. Based on fu)ther analysis, staff and the contractor estimate that a participation rate of 4% to 10% is expected from the residential customers with projected average annual revenues and equivalent expenditures of-$240,000. The commercial, industrial, and institutional participation is estimated to be roughly half the residential consumption, with projected average annual revenues of-$120,000. Projected total five-year contract costs are $1.89 million, with matching revenues of $2.04 million. Detailed five-year prouam cost and revenue estimates are summarized below in Table 2, based on revenues of 1.5 C/kWh and contract costs of 1.4 C/kWh. The net revenue will be applied to cover internal costs of pro~am administration. P rogram s tart-up and administration c osts for F Y 2 002/03 a re included in the adopted FY 2002/03 budget. The funds and revenue streams for this program are included in proposed budget FY 2003/04. Future revenues and expenses will be included in annual budgets. Table 2. Staff five-year estimate of contract cost and retail revenue. Fiscal Year (FY) t FY 0>o4 ! FY 04-05 FY 05-06 FY 06-07 FY 07-08 Tntal Revenues $155,000 $313,000 $432,000 $547,000 $591.000 $2,038.000 Contract Net Revenue $140,000 !$15,000 $290,000 I $23,000 $400,000 $32,000 $510,000 $37,000 $550,000 I $41,000 1,890,000 i $148,000 POLICY IMPLICATIONS CMR:178:03 Page 5 of 6 This recommendation is consistent with the Council-approved Utilities Strategic Plan Objective # 1 to enhance customer satisfaction by delivering valued products and services. It also supports Key Strategy No.4: deliver products and services for competitive markets; and Strategy No.7: implement pro~ams that improve the quality of the environment. This recommendation supports the City Sustainability Policy Statement adopted April 2, 2001 [CMR 175:01], and the Comprehensive Plan Goal N-9, "a clean, efficient,. competitively-priced energy supply that makes use of cost-effective renewable resources." This recommendation supports the Green Government Pledge, adopted by the City of Palo Alto through participation in the Association of Bay Area Governments and Santa Clara County Green Business Pro~am [CMR:284:99, July 19, 1999]. ENVIRONMENTAL REVIEW The recommended action does Environmental Quality Act. not constitute a project under the California ATTACHMENTS A:Contract & Scope of Services B:Proposal Evaluation Matrix PREPARED BY:Tom Auzenne, Utility Marketing Services Manager Anthony C. Enerio, Utility Account Representative Karl Knapp, Senior Resource Planner DEPARTMENT HEAD" CITY MANAGER APPROVAL: EM-I,L~ I2IARRI SON ~ Assistant City Manager CMR:!78:03 Page 6 of 6 CONTRACT NO. BETWEEN THE CITY OF PALO ALTO AND 3 PHASES ENERGY SERVICES FOR RENEWABLE ENERGY PROGRAM SERVICES This Contract No.is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipa! corpora<ion of the State of California ("CITY"), and 3 PHASES ENERGY SERVICES, a Nevada corporation authorized to do business in California, 2001 California Street, Suite 202, San Francisco, California 94109, ("CONTRACTOR"). RECITALS: WHEREAS, CiTY desires certain sales and marketing support services for the City’s turnkey renewable energy program S~_v!c~s"--’ - ), as more fully described ...... in Exhibit "A"; and WHEREAS, CITY~==-:~~-s to engage CONTKhCTOR.. ...... ~nc~ud{ng its emp!oyees, ~{ any, in providing the Services by reason of its mualifications and experience in performing such Services, and CONTRACTOR has offered to provide the Services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Contract, the parties agree: _ S=C~ TON ! TERM !.! This Contract wil! com~mence on the date of its execution by CiTY or May I, 2003, whichever date is later and wil! terminate on Apri! 30, 2004 unless the Contract is extended in writing by mutua! agreement. The Contract may be extended for up to four (4) twelve (12) month periods for a maximum of 60 consecutive months, subject to: A. City of Paio Alto City Council’s annual approval of each current year’s budget and appropriation of funds; B. CONTRACTOR’s compliance with the terms and conditions of this contract; C. The CONTRACTOR’s satisfactory performance and timely compliance with the terms of this contract; Do Firm pricing for each twelve month term, as set forth herein. 030414 sdl 7060602 ! The obligation of CONTRACTOR to perform the Services wil! commence in accordance with the time schedule set forth in Exhibit "A". Time is of the essence of this Contract. in the event that the Services are not completed within the specified time schedule on account of CONT~hCTOR’s default, CITY’s city manager will have the option of extending the time schedule for any period of time. This provision will not preclude the recovery of damages for delay caused by CONTRACTOR. SECTION 2 -QUALIFICATIONS, CONT~hCTOR STATUS,AND DUTIES OF 2.1 CONTKhCTOR represents and warrants that it has the expertise and professiona! qualifications to furnish or cause to be furnished the Services. CONTRACTOR further represents and warrants that the project director and every individua! charged with the performance of the Services under this Contract are duly licensed or certified by the State of California, to the extent such licensing or certification is required by law to perform the Services. 2.2 in reliance on the representation and warranty set {orth in Section 2.1, CITY hires CONTRACTOR to perform, and CONTKhCTOR covenants and agrees that it wil! furnish or cause to be furnished, the Services. 2.3 CONTKhCTOR will assign ERIK ROTHENBERG as the project director to have supervisory responsibility forthe performance,progress, and execution of the Services.If ~h~,~ ~ =conditions subsequent to ~.e execution of thisc ....msu=nc~s or Contract cause the substitution of the project director for any reason, the appointment of a substitute project director will be subject to the prior written approva! of the project manager. ? a cONT~%CTOR reoresents and warrants that it will: 2.4.1 Procure al! permits and licenses, pay al! charges and fees, and give al! notices which may be necessary and incident to the due and lawfu! prosecution of the Services; 2.4.2 Keep itself fully informed of all existing and future Federa!, State of California, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or emp!oyed under this Contract, any materials used in CONTRACTOR’s performance under this Contract, or the performance of the Services; 2.4.3 At all times observe and comply with, and cause its employees and~n~r~~~~ (and consultants), ~ any, who are 030414 sd! 7060602 2 ~i ~ the performance of this Contract to observe and complya~_gn~ to - with, the laws, ordinances, regulations, orders and decrees mentioned above; and 2.4.4 Will report i~mediate!y to the project manager, in writing, any discrepancy or inconsistency it discovers in the laws, ordinances, regulations, orders, and decrees mentioned above in relation to any ~ians, drawings, smecif{cations or ~rov{sions of this Contract. 2.5 Any reports, information, data or other material given to, or prepared or assembled by, CONTKhCTOR or its contractors, if any, under this Contract will become the property of CITY and will not be made available to any individual or organization by CONTKhCTOR or its contractors, if any, without the prior written approval of the city manager. 2.6 CONTRACTOR wil! provide CITY with three (3) copies of the final report, if any, which may be required under this Contract, upon completion and acceptance of each report by CITY. 2.7 if CTTY reauests additional copies of remorts, drawings, specifications or any other mater2a! which CONTKhCTOR is required to furnish in limited quantities in the performance of the Services, CONTRACTOR will provide such additiona! copies and CITY will compensate CONTKhCTOR for its duplication costs. 2 8 CON~RAC_OR will be responsible for employing or engaging al! persons necessary to perform the Services. Al! contractors of CONTKhCTOR wil! be deemed to b6 directly contro%ied and supervised by CONTRACTOR, which wil! be responsible for their performance, if any employee or contractor of CONTKhCTOR fails or .~h!s Co~tract or appear~ torefuses to carry out the provisions of ~ ’ --~ be incompetent or to act in a disorderly or improper manner, the employee or contractor will be discharged i~mediate!y from further performance under this Contract on demand of the project manager. SECTION 3 -DUTIES OF CITY 3.1 CITY will furnish or cause to be furnished the ~ ’ i~ "A" and such others~ec~fied services set forth in sxhib_~ - ~nformation regarding its ~eau~rements as may be ~onabiv requested by CONTKhCTOR. 3.2 The city manager wil! represent CITY for all ~h~_ Contract ANTHONY C ENER~O ~s designated asmurDoses under ~ ’s ....... the project manager for the city manager. The project manager wi!! supervise the performance, progress, and execution of the S~:v~C~ , and will be assisted by YC~.RL KNAPP, the Assistant Project 030414 sdl 7060602 3.3 if CITY observes or otherwise becomes aware of any default in the performance of CONT~hCTOR, CITY wil! use reasonable efforts to give written notice thereo{ to CONT~hCTOR in a timely manner. SECTION 4 - COMPENSATION 4.1 in consideration of the ful! performance of the Certificates and Basic Support Services by CONTRACTOR, CITY wil! pay CONTRACTOR a sum not to exceed One Million Eight Hundred Ninety Thousand Dollars ($!,890,000). The amount of compensation shal! be calculated in accordance with the rate schedule attached as Exhibit "B", up to the maximum amount set forth in this section. Payment shal! be made upon receipt of certificates and supporting docmmentation as set forth in Exhibit "A" by CITY and in accordance with the time schedule set forth Exhibit "A". 4.1 in consideration of the full performance of Additional Services, including any authorized reimbursable expenses, CITY wil! pay CONTKhCTOR a tota! sum not to exceed Thirty Thousand Dollars ($30,000) per contract year. The amount of compensation shal! be calculated in accordance with the hourly rate schedules set forth in Exhibit "B", up to the maximum set forth in this section. Total compensation for the Certificates and Basic Support Services and Additiona! Services shal! not exceed the sum of One Million Eight Hundred Ninety Thousand Dollars (1,890,000) tota!_ over the entire term of this Contract. Prior to commencing such Additional Services, the parties will agree in writing upon an estimated maximum cost for such Additional Services or work and all requests for Additiona! Services or work shal! be approved by the City Manager or his designee in writing prior to performing such Additiona! Services or work. The full payment of charges for Additional Services or extra work in the execution of the Project will be made, provided such request for payment is initiated by CONTRACTOR and authorized, in writing, by the project manager. Payment will be made within thirty (30) days of submission by CONT~hCTOR of its itemized billings, in triplicate, itemizing costs covering such work.or change or both. 030414 sdl 7060602 4 S=C=iON 5 AUDITS 5.1 CONTKhCTOR wil! permit CITY to audit, at any reasonable time during the term of this Contract and for three (3) years thereafter, CONTKhCTOR’s records pertaining to matters covered by this Contract. CONTKhCTOR further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Contract. SECT!ON 6 -INDEMNITY ._ T ~ ~to __, indemnify, defend and6 ~ CON_~_C=OR agrees protect hold harmless CITY, its Counci! members, officers, emp!oyees and agents from any and al! demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, caused by or arising out of CONTRACTOR’s, its officers’, agents’, subcontractors’ or ~mmlovees’_ _- _ negligent acts, errors, or omissions, or willful misconduct, or conduct for which applicable law may impose strict liability on CONTRACTOR in the performance of or failure to perform its obligations under this Contract. SECTION 7 -WAIVERS 7.1 The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Contract, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, ~r~Ti~on ordinance or law. The subseNuent acceptance by either ~ ___party of any fee or other money which may become due he_~u..de_ will not be deemed to be a waiver of any preceding breach or vioiat{on by the other party of any term, covenant, condition or provision of this Contract or of any applicable law or ordinance. 7.2 No pa~ent, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Contract. SECTION 8 -INSU~hNCE 8.1 CONT?SCTOR, at its sole cost and expense, wil! obtain and maintain, in full force and effect during the term of this Contract, the insurance coverage described in Exhibit "C", insuring not on!y CONTKhCTOR and its contractors, if any, but also, with the exception of workers’ compensation, employer’s liability, and professional !iab~!ity insurance, naming CITY as an additional insured concerning CONT~hCTOR’s performance under this Contract. 030414 sdl 7060602 5 8.2 Al! insurance coverage required hereunder wil! be provided through carriers with Best’s Key Rating Guide ratings of A:ViI or higher which are a6mitted to transact insurance business in the State of California. Any and al! contractors of CONTRACTOR retained to perform Services under this Contract wil! obtain and maintain, in full force and effect during the term of this Contract, identica! insurance coverage, naming CITYas an additional insured under such policies as required above. 8.3 Certificates of such insurance, preferably on the forms provided by CITY, wil! be filed with CITY concurrently with the execution of this Contract. The certificates will be subject to the approva! of CiTY’s risk manager and wi!l contain an endorsement stating that the insurance is primary coverage and wil! not be canceled or altered by the insurer except after filing with CITY’s city clerk thirty (30) days’ prior written notice of such cancellation or alteration, and that the City of Pa!o Alto is named as an additional insured except in policies of workers’ compensation, employer’s liability, and professiona! liability insurance. Current certificates of such insurance wi!l be kept on {~le at al! times during <_.e term of this Contract with the city c!~rk. 8.:A Th-___~ procuring of such required_ molicv_ ~ or _policies of insurance wi!l not be consz_ue@ to limit CONTKhCTOR’s liability hereunder nor to fulfill the indemnification provisions of this Contract. Notwithstanding the policy or policies o{ insurance, w:!l be obligated for the full and total amount of anyCONTRACTOR ~ damage, injury, or loss caused by or directly arising as a result of the Services performed under this Contract, including such damage, injury, or loss arising after the Contract is terminated or the term has expired. SECTION 9 -WORKERS’ COMPENSATION 9.1 CONTKhCTOR, by executing this Contract, certifies that it is aware of the provisions of the Labor Code of the State of California which require every emp!oyer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it wil! comply with such provisions, as applicable, before commencing the performance of the Services. SECTION i0 -TRRH!NATiON OR SUSPENSION OF CONTKhCT OR i0.I The city manager may suspend the performance of the Services, in whole or in part, or terminate this Contract, with or without cause, by giving ten days’ mr~or~__ wr~n notice thereof to 030414 sdl 7060602 6 CONT~CTOR. Upon receipt of such notice, CONTRACTOR will immediately discontinue its performance of the Services. 10.2 CONTRACTOR may terminate this Contract or suspend its performance of the Services by giving ten (!0) days’ prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY or in the event CITY indefinitely withholds or withdraws its request for the initiation or continuation of the Services to be performed. 10.3 Upon such suspension or termination by CITY, CONTKhCTOR wil! be paid for the Services actually rendered to CiTY on or before the effective date of suspension or termination; provided, however, if this Contract is suspended or terminated on account of a default by CONTRACTOR, CITY will be obligated to compensate CONTRACTOR only for that portion of the Services which are of direct and immediate benefit to CITY, as such determination may be made by the city manager acting in the reasonable exercise of her discretion. ~0 a Umon such susmens~on or termination, CONT~hCTOR wil~ ~ ~-- r the city manager i~mediate!v any and all co~ies ofc~!:ve- to ..---- studies, sketches, drawings, computations, and other data, whether or not comD!eted, m<emared by CONT~hCTOR or its contractors, if any, or given to CONTRACTOR or its contractors, if any, in connection with this Contract. Such materials wil! become the property of CITY. 10.5 The failure of CITY to agree with CONTKhCTOR’s independent findings, conclusions, or recommendations, if the same are called for under this Contract, on the basis of differences in matters of judgment, wil! not be construed as a failure on the part of CONTKhCTOR to fulfil! its obligations under this Contract. SECTION !I -ASSIGNMENT i!.! This Contract is for the personal services of CONTP~’hCTOR, therefore, CONTRACTOR wil! not assign,, transfer, convey, or o~ner~_se dispose of this Contract or any right, title or interest in or to the same or any part thereof without the prior written consent of CITY. A consent to one assignment will not be deemed to be a consent to any subsequent assignment. Any assignment made without the approval of the city manager wi!! be void and, at the option of the city manager, this Contract may be ..... T~S Contract will not be assignable by o~eration of 030414 sdl 7060602 7 SECTION 12 -NOTICES 12.1 All notices hereunder will be given in writing and mailed, postage prepaid, by certified mai!, addressed as follows: To CITY:Office of the City Clerk City of Pa!o Alto Post Office Box 10250 Pa!o Alto, CA 94303 ~ ,~. ~ ¯ Attention of the oroject directorTo CON_H_C:OR.~- at the address of CON~__~hC~OR recited above SECTION 13 -CONFLICT OF INTEREST 13.1 in accepting this Contract, CONTKhCTOR covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financia! or otherwise, which would conflict in any manner or degree with the performance of the Services. 13.2 CONTRACTOR further covenants that, in the performance of this Contract, it wil! not emp!oy any contractor or person having such an interest. CONTKhCTOR certifies that no person who has or wil! have any financia! interest under this Contract is an officer or employee of CITY; this provision wil! be interpreted in accordance with the applicable provisions of the Pa!o Alto Municipa! Code and the Government Code of the State of California. SECTION 14 -NONDISCRIMINATION 14.1 As set forth in the Paio Alto Municipa! Code, no discrimination wi!! be made in the employment of any person under this Contract because of the age, race, color, nationa! origin, ancestry, religion, disability, sexual preference or gender of that person, if the value of this Contract is, or may be, five thousand dollars ($5,000) or more, CONT?ACTOR agrees to meet al! requirements of the Paio Alto Municipa! Code pertaining to nondiscrimination in employment, including completing the requisite form furnished by CITY and set forth in Exhibit "D" 14.2 CONTRACTOR agrees that each contract for services with an independent provider wil! contain a provision substantially as follows: "[’~am= of °rovider] wi~7 provide CONTRACTOR with a certi{icate stating that [Name of o ’ ~ is rentiy in comm~ance with aT~~rov~er]cur ._---- 030414 sdl 7060602 Federal and State of California laws covering nondiscrimination in employment; and that [Name of Provider] will not discriminate in the employment of any person under this contract because of the age, race, color, nationa! origin, ancestry, religion, disability, sexual preference or gender of such person." 14.3 if CONTKhCTOR is found in violation of the nondiscrimination provisions of the State of California Fair Empioy~ent Practices Act or similar provisions of Federal law or executive order in the performance of this Contract, it wil! be in default of this Contract. Thereupon, CiTY wil! have the power to cance! or suspend this Contract, in whole or in part, or to deduct the sum of twenty-five dollars ($25) for each person for each calendar day during which such person was subjected to acts of discrimination, as damages for breach of contract, or both. Only a finding of the State of California Fair Emp!o~ent Practices CosLmission or the equivalent federal agency or officer wil! constitute evidence of a breach of this Contract. SECTION 15 -MISCELLANEOUS PROVISIONS 15.1 CONTKhCTOR represents and warrants that it has knowledge of the requirements of the ~_mericans with Disabilities Act of 1990, and the Government Code and the Health and Safety Code of the State of California, relating to access to public buildings and accommodations for disabled persons, and relating to facilities for disabled persons. CONT~hCTOR wil! comply with or ensure by its advice that compliance with such provisions will be effected in the performance of this Contract. 15.2 This Contract wil! be governed by the laws of un~ State of California, excluding its conflicts of !aw.iS.3 in the event that an action is brought, the parties agree that tria! o{ such action will be vested exclusively in the state courts of California or in the United States District Court for ~he Northern n~-~t of Ca~: rn~ in the County of Santa Clara, State of~0 a -- California. 15.4 The prevailing party in any action brought tothe provisions of this Contract may recover its reasonable costs an@ attorneys fees exDe._@ed in connection with that action. 15.5 This document represents the entire and integrated agreement between the parties and supersedes al! prior negotia- tions, renresentations, and contracts, either written or ora!.is~_n~_~ docuument may be amended on!v bv a written ~nstrument, which signed by the parties. 030414 sdl 7060602 9 15.6 All provisions of this Contract, whether covenants or conditions, will be deemed to be both covenants and conditions. 15.7 The covenants, terms, conditions and provisions of this Contract wil! apply to, and will bind, the heirs, successors, executors, administrators, assignees, and contractors, as the case may be, of the parties. _U~mS15.8 if a court of competent jurisdiction finds or r ~- rhat any provision of this Contract or any amen@me..~ thereto is void or unenforceable, the unaffected provisions of this Contract and any amendments thereto will remain in ful! force and effect. 15.9 Al! exhibits referred to in this Contract and any addenda, appendices, attacb~.ents, and schedules which, from time to time, may be referred to in any duly execute amendment hereto are by such reference incorporated in this Contract and will be deemed to be a part of this Contract. ¯~h!s Contract may be executed in any number of15 !0 ~ ’-- counterparts, each of which wil! be an original, but al! of which together wil! constitute one and the same inst- ~. 15.11 This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Pa!o A!to Municipa! Code. This Contract wil! terminate without any penalty (a) at the h ~end o{ any fiscal year ~n the event t.~a~ funds are not appropriatedfiscalfor the following fisca! year, or (b) at any t~me w~h:n a year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no !ongerp_~c~._c~ ~n the eventavai=ab±e. This Section ~.!! shal! take r- =’=n = __. of a conflict with any other covenant, term, condition, or provision of this Contract. // // // // // // // // 030414 sdl 7060602 lO IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written. C!TY OF PALO ALTO City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Assistant City Manager Mavor 3~:~=~D~cm< _mNmRGY__ SERVICES, a Nevada Corporation By: Name: Title: By: Name: ~it~e: ’~axpayer identification No. Director of A6ministrative S~:v~C~S D~rec~or o: Utilities Risk Manager (Compliance wizh Corp. Code ~ 313 is required if zhe enzi<y on ,hose behalf this con=rac~ is signed is a cormoration. in the a!zerna:ive, a cer:ified corporate reso!u=ion a~<es~inm :o :he signatory t~={~ -=~m=~{~= capacities is accem:ab!e} Attachments : EXHIBIT "A" : EXHIBIT "B" : EXHIBIT "C" : EXHIBIT "D": SCOPE OF PROJECT &TiME SCHEDULE PRICE SCHEDULE iNSUKhNCE NONDISCRIMINATION COMPLIANCE FORM 030414 sdl 7060602 !! CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code § 1189) STATE OF COUNTY OF SS. On ,200 , before me,, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea!. Signature of Notary Public 030414 sdl 7060602 12 CERTIFICATE OF ACKNOWLEDGEMENT (Civil Code § 1189) STATE OF ) ~OUNTY OF ) On ,200 , before me,, a Notary Public in and for said County and State, personally appeared , persona!ly known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she!they executed the same in his/her/their authorized capacity(ies), and that by his/her!their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea!. Signature of Notary Public 030414 sdl 7060602 Exhibit A Scope of Services 1.CITY Responsibilities shall include but are not limited to: 1.!. Calculation of Customer Consumption City shall provide Contractor with City of Palo Alto Utilities (CPAU) "green power" electric consumption totals on a monthly basis for the calculation and purchase of California Energy Commission (CEC) approved eligible renewable Certificates of Specific Generation (Certificates) under this contract. Marketin.% Media and Advertisin,q Roles City shall retain a designated advertising agency, or City staff personnel to assist with marketing collateral and print media procurement. 1.2.2 City shall be responsible for procurement and costs of marketing collateral after Contractor fulfills obligations on information, design, and collaboration with designated advertising agency as provided for in Section 2.4. This includes but is not limited to; bill inserts, posters, banners, and programming for web site. 1.2.3 City shall be responsible for procurement and costs of print media as necessary to support the program after Contractor fulfills obligations on information, design and collaboration with designated advertising agency. 1.3, 1.4 Direct Sales to Business. Civic Orqanizations. and Nei,qhborhood Associations City shall engage its Account Managers to develop direct sales in a joint effort with Contractor to win business from local area businesses and non-profits. Responsibilities include but may not be limited to; customer initial contact, arrangement of meetings, follow-on sales efforts and after- sales service as needed. Customer contact will be managed by City personnel. Tra nin,q and Proqram Inteqration City shall engage its Customer Service Managers and staff to support internal infrastructure around Customer Service Management. Responsibilities include but may not be limited to; fielding phone inquiries, entering orders, assembling and mailing welcome kits, developing and utilizing coding and tracking mechanisms. 2.CONTRACTOR Responsibilities shall include, but are not limited to: 2.1. Supply of Certificates: 2.1.1 .Supplier shall provide City with sufficient California Energy Commission (CEC) approved eligible renewable Certificates of Specific Generation (Certificates), measured in MWh, to meet City’s retail subscriptions to the City’s new Green Power Program. 2.1.2.Certificates shall originate from resources that meet the CEC definition of "Eligible Renewable" inside the NERC WECC Region. 2.1.3.Certificates shall originate from "new" projects as defined by the CEC. "New" is defined by the CEC as projects that began production after September 26, 1996. 2.1.4.Product content of the delivered Certificates shall be 97.5% wind energy and 2.5% solar, to support the cleanest, non-combustible ’dark green’ emerging renewable generation technologies (except under the provisions of Section 2.1.6 and 2.1.7) 2.1.5.Wind Certificates may originate from any or all of the Bonneville Power Administration (BPA) wind projects with direct environmental impact on the western power system listed below. BPA certificates meet Green-e standards and can be used for LEED Certification. Wind Certificates from alternate sources may be substituted with prior written approval from City. Exhibit A Scope of Services Foote Creek I Wind Foote Creek 11 Wind Stateline Wind 4/99 15.3 10/99 1.8 7/01 90.4 Carbon County, WY Carbon County, WY Walla Walla County, WA & Umatilla County, OR Gilliam County, OR Sherman County, OR Condon Wind 12/01 49.8 Klondike Wind , 12/01 24 2.1.6.Solar Certificates shall originate from new solar generation facilities within the Western power grid, including potentially facilities within the municipality of Palo Alto. Certificates may originate from net metered sources within Palo Alto if approved by the CEC. In the event that solar Certificates cannot be purchased at or below a maximum price of $50/MWh, Contractor retains the right to provide 100% wind Certificates. 2.1.7.Certificates other than those specified in Sections 2.1.4 or 2.1.5 may be substituted only upon prior written approval of City. 2.1.8.Certificates shall be Green-e certified, to adhere to, promote, and bring the credibility of the strict environmental and consumer protection standards of the non-profit Center of Resource Solutions located at Presidio Bldg 49, PC) BOX 29512, San. Francisco, Ca 94129, tel. (415) 561-2100. 2.1.8.1. If the Green-e certification ceases to exist, contractor shall provide an alternative certification or be able to verify that the Certificates meet or exceed Green-e criteria subject to the City’s approval. 2.2.Reportin.q: 2.2.1 .Contractor shall provide City, the City’s scheduling coordinator (Northern California Power Agency - NCPA), and the CEC with the forms and certificates relating to the City’s purchases from Contractor as required under SB 1305 (utility generation disclosure). In particular, Contractor shall submit completed Schedule 4 (Power Purchased Out of Pool) of the Annual Report to the California Energy Commission, describing the Green Tags Purchased, by resource type (in kWh) in accordance with the California Power Source Disclosure Program. Contractor shall deliver these forms by March 1 of each calendar year. Contractor shall also provide the CEC and, if relevant, the City with audit report(s) required under SB 1305. 2.3. Verification: Contractor shall verify the validity of all Certificates provided. 2.3.1 .Contractor shall provide a supplemental report attesting to the validity of the certificates for each resource. The CEC Power Content Label Annual Report Attestation Form may be used for this purpose. The report shall also include a general description of each resource, including the location, technology, and if web links to relevant web sites if available. 2.3.2.1f an audit of the program is required, Contractor shall conduct an audit using the Agreed- Upon Procedures found in the California Code of Regulations, Title 20, Section 1394, Appendix C, or the most recent revision thereof at the time of the audit. 2.3.3.Contractor shall provide evidence that all Certificates are Green-e certified. 2.4. Marketinq Support Services: Contractor shall provide a marketing support services to the City, Exhibit A Scope of Services including but not limited to training for City personnel, information needed for advertising or billing inserts, program design and marketing advice, outreach print materials, and web-based communication. All collateral (print and web based) materials will meet and adhere to CPAU’s logo standard and will be subject to CPAU’s approval.prior to distribution and implementation. CPAU retains the right to select and approve ALL Iogos, trademarks, and identifiers for use in marketing the program. CUSTOMER CONTACT WILL BE MANAGED BY CITY PERSONNEL. 2.4.1 .Staff Trainin.q and Pro.qram Inte.qration. Contractor will assist the CPAU with all necessary training and program integration activities up to a maximum of twenty hours per year, including: o Education on the product ¯Responding to typical inquiries and questions o Signing up new customers o Telephone on-hold messaging for callers to the utility, including those provided by BPA in its "Green Power Marketing Kit" o How to leverage CPAU email list resources Additional training is by Contractor will be made available at the agreed upon rate as indicated in Exhibit B. 2.4.2. The Ener.qy B!.!!.. Contractor will present design and text concept alternatives to CPAU and will work in partnership with CPAU and its advertising agency in designing and working to implement actual modifications to the bill and billing envelope. Materials included in BPA’s "Green Power Marketing Kit" may also be used towards this end. 2.4.3.Mail-In Insert/Brochure. Contractor shall provide a proposed design of a unique, Palo Alto- specific mail insert/brochure with a tear-out mail-in, transferable sign-up form. This brochure design will allow mail insert recipients to give the program details to friends and family, who can easily mail-in the completed form to sign up. These inserts are also a key component of business and community outreach programs, and again enable quick action and personal empowerment. Contractor will present design and text concept alternatives and work in partnership with CPAU and its advertising agency in designing these materials. BPA will also provide examples of bill inserts and promotional materials used by other utilities. If CPAU chooses to use any of the available BPA advertisements referenced in Contractor’s the proposal, Contractor will design bill insert(s) consistent with the ad(s). Contractor will present recommendations on material placement and frequency for bill inserts, brochure placement, and direct sales and marketing handouts. 2.4.4.The CPAU Web Site. Contractor will complete the following services as part of this program: o Provide banner style artwork on the home page (http://www.cpau.com) to link the visitor to the green power program page. Assist with registration of a dedicated URL to drive customers directly to the green power program page (e.g. www.paloaltogreen.net). ~ Provide text (FAQ) and design content around the green power program page o Provide text and design content around the customer on-line sign-up capability, including an option to refer a customer’s friend, associate, or employer Contractor will work with CPAU’s design agency in these efforts to assure that the Palo Alto Green program reinforces the broader CPAU marketing and branding initiatives. Actual website development will be executed by CPAU’s designated advertising agency. 2.4.5.The Welcome Packet. Contractor will work with CPAU to develop a customized Welcome Packet for program participants and to update it annually or as desired, whichever is earlier. These services are included in this offering. Proposed elements of Welcome Packet include: Exhibit A Scope of Services Welcome letter Certificate Window Decal Refrigerator Magnet Data sheet on specific wind/solar projects supported Relevant press releases on the program Product content label/pricing terms and conditions summary 2.4.6.Press Releases. Contractor will provide content for a minimum of three press releases as outlined below: o Release 1: Program Launch o Release 2: Press Event When Palo Alto Voluntarily Purchases the Energy Produced by One Wind Turbine annually (described below) o Release 3: Announcement of CPAU Impact on Solar Developments If additional events are newsworthy and merit a formal release, Contractor will provide content for these releases as well, as part of this offering. On approval from City, Contractor may distribute these press releases to its proprietary database of residential, non-profit and corporate customers, renewable energy marketplace participants, environmental organizations, and press agents throughout the Bay Area and across the country. Contractor will work directly and in partnership with CPAU public relations and marketing staff to execute a highly effective press release campaign. 2.4.7.Earned Media. Contractor will also develop content and approach various media sources, in partnership with CPAU public relations and marketing staff to develop articles, news briefs, and attention for the Palo Alto program. Mechanisms for obtaining earned media include, but are not limited to: o Use of town leaders (celebrities, officials, business heads) to promote the launch o Cultivation of symbolic local spokesperson o Development of stories regarding partnership with 3 Phases/BPA and the program launch o Ceremonial press events at critical milestones, such as selling out a single wind turbine. Solar installations in Palo Alto creating certificates for the program.) Palo Alto may utilize any or all advertisements and radio scripts contained in BPA’s "Green Power Marketing Kit". 2.4.8.Procured Media. Contractor will provide design concepts, text content, and recommendations for appropriate print media procurement.. Direct cost of procured media is not included in this offering. 2.4.9.Online Advertisinq. Contractor will develop recommendations, design content, and text copy for a targeted online marketing campaign. 2.4.10. Pro.qram Posters in Palo Alto Facilitie.~. Contractor will provide design concepts, text copy, and placement recommendations for placement of posters within the Palo Alto community. 2.4.11. Banners. Contractor will provide design concepts, text copy, and placement recommendations for placement of banners within the Palo Alto community. 2.4.12. Event Booths. Contractor will provide booth set-up recommendations and will part cipate, in partnership with CPAU, in up to a maximum of 10 booth events per year. 4 Exhibit A Scope of Services 2.4.13. Existinq Pro.qram Participants. Contractor will provide recommendations for timing, text copy, and form of a "Palo Alto Green" program announcement mailing to Future Green program participants. 2.4.14. Thank You Advertising.. Contractor will provide recommendations for design, text copy, and placement of Thank You Advertising. 2.5. efforts. 2.6. Direct Sales to Business. Civic Or.qanizations, and Neiqhborhood Associations Contractor sales staff will provide marketing support for City staff to engage direct sales to corporations, civic organizations, neighborhood associations and retail shop owners, in partnership with CPAU. Customers will receive a Palo Alto Green window decal to put in their store front if applicable. o Customers will receive an authorization form allowing them to use the Green-e logo on their web site, in their marketing collateral, and on their product (if applicable). o Upon City staff approval, larger energy users will receive authorization to participate in the U.S. Environmental Protection Agency’s Green Power Partnership program. Business participants in high traffic areas will be approached to see if they will put a poster in their facilities as well as brochurelsign-up forms. Contractor will provide recommendations for customer targeting, sales materials, post-sales decals, etc., as part of these efforts. Contractor will provide four total weeks of sales staff manpower time per year for these Proprietary or Confidential Information of the City. Contractor understands and agrees that, in the performance of the work or services under this Agreement or in contemplation thereof, Contractor may have access to private or confidential information, which may be owned or controlled by City, and that such information may contain proprietary of confidential details, the disclosure of which to third parties may be damaging to City. Contractor agrees that all information disclosed by City to Contractor shall be held in confidence and used only in performance of the Agreement. Contractor shall exercise the same standard of care to protect such information as a reasonably prudent contractor would use to protects its own proprietary data. Contract Term. The term of this agreement shall be for twelve (12) months period from the date of award, and may be extended by mutual agreement for up to four 12-month periods for a maximum of 60 consecutive months, subject to the City of Palo Alto’s annual approval of each current year’s budget and appropriation of funds. Notwithstanding the foregoing, either Party may terminate the agreement as specified in Section 10 of the Contract. Exhibit B Price Schedule Certificates and Basic Support Setwices In accordance with Section 2.1 of Exhibit A, Contractor shall provide City with sufficient California Energy Commission (CEC) approved eligible renewable Certificates of Specific Generation (Certificates), measured in MWh, to meet City’s retail subscriptions to the City’s new Green Power program. Tl~e quantity" of Certificates provided by Contractor shall match the customer consumption provided by City to Contractor as specified in Section 1.1. Regular payments to Contractor shall be the product of the number of Certificates provided by Contractor (MWh) times the Certificate Price listed below ($fMWh), according to the certificate product mix as described in Section 2.1 of Exhibit A. Payment shall be made upon receipt of Certificates by City.. Certificates per Section 2.1.4. Certificates per Section 2.1.5. 97.5% Wind + 2.5 % Solar Certificates 100% Wind Certificates $14 per MWh $13 per .MAVh Additional Optional Services Additional optional services shall be billed on a time and material basis not to exceed $50,000 per year in accordance with the following rate schedule. Training Time (beyond 20 hours/year) Boothing Time (beyond 10 events!year) Website Coding and Creation Database Integration Efforts Direct Sales Time (beyond 4 weeks/year) Expenses. $ 70 per hour $ 70 per hour $ 75 per hour $ 75 per hour $100 per hour Subject to prior approval by City. and according to City’s Guidelines and Limitations PROPOSAL EVALUATION MATRIX File No. Date )-.//~//~ ~ Rating:lislow, Sishigh !#4 ~F ~f REFERENCES ¯At least three in number ¯Recent experiences ¯Contract sizes Duration of the relationship QUALIFICATIONS OF PRINCIPALS AND STAFF ¯Years experience in the industry ¯Pertinent education ¯ Work experience in comparable organizations Decisions made with data consistent with City’s needs Proximity to City and availability, during project Organization chart of project team if one needed Subcontracting scope FAMILIARITY WITH THE CITY ¯Prior work with this or other City departments ¯Recent acceptable experience ¯Understands and accepts City organization FINANCIAL STABILITY Acceptable Dunn and Bradstreet report. ¯ Acceptable credit report PRICE RANGE Too high to represent good value? ¯Too low? REALISTIC TIME LINE Consistent with the Department’s schedule Achievable with resources allocated ¯Supported by the proposal detail ¯Deadline of deliverables COMPLETE PROPOSAL SUBMIq-rED Forms omitted or incomplete Matches scope of work PROPOSAL CLARITY Organized to be easily, referenced ¯Clear language ¯Supporting data METHODOLOGY ¯State-of-the-art techniques ¯Fastest acceptable method of accomplishing the scope OTHER CRITERIA OVERALL RATING PUR 001 (rev 2/97) Purchasing Guide ~°(I ~ ~o~ PROPOSAL EVALUATION MATRIX File No. REFERENCES At least three in number Recent experiences Contract sizes Duration of the relationship QUALIFICATIONS OF PRINCIPALS AND STAFF ¯Years experience in the industry ¯Pertinent education ¯ Work experience in comparable organizations Decisions made with data consistent with City’s needs ¯ Proximity to City and availability during project Organization chart of project team if one needed Subcontracting scope FAMILIARITY WITH THE CITY ¯ Prior work with this or other City departments ¯Recent acceptable experience ¯Understands and accepts City organization FINANCIAL STABILITY ¯Acceptable Dunn and Bradstreet report ¯Acceptable credit report PRICE RANGE ¯Too high to represent good value? Too low? .% 2_ 2__ "2_ 2 1 I ?z_ REALISTIC TIME LINE Consistent with the Department’s schedule ¯Achievable with resources allocated ¯Supported by the proposal detail Deadline of deliverables COMPLETE PROPOSAL SUBMIt-FED Forms omitted or incomplete ¯ Matches scope of work PROPOSAL CLARITY Organized to be easily referenced ¯ Clear language ¯ Supporting data METHODOLOGY ¯State-of-the-art techniques ¯Fastest acceptable method of accomplishing the scope OTHER CRITERIA OVERALL RATING PUR 001 (rev 2/97) Purchasing Guide C-3 PROPOSAL EVALUATION MATRIX Date Rating: 1 is low, 5 is high REFERENCES ¯At least three in number ¯Recent experiences ¯ Contract sizes Duration of the relationship QUALIFICATIONS OF PRINCIPALS AND STAFF Years experience in the industq Pertinent education Work experience in comparable organizations Decisions made with data consistent with City’s needs ¯ Proximity to City and availability during pro.jec[ ¯ Organization chart of project team if one needed ¯ Subcontracting scope FAMILIARITY WITH THE CITY Prior work with this or other City departments ¯Recent acceptable experience ¯Understands and accepts City organization FINANCIAL ~TABILITY ¯Acceptable Dunn and Bradstreet report. ¯Acceptable credit report PRICE RANGE Too high to represent good value? ¯ Too low? REALISTIC TIME LINE ¯Consistent with the Department’s schedule ¯Achievable with resources allocated Supported by the proposal detail Deadline of deliverables COMPLETE PROPOSAL SUBMI]-FED ¯Forms omitted or incomplete ¯Matches scope of work PROPOSAL CLARITY ¯Organized to be easily referenced Clear language Supporting data METHODOLOGY ¯ State-of-the-art techniques Fastest acceptable method of accomplishing the scope OTHER CRtTERIA OVERALL RATING PUR 00! (rev 2/97) Purchasing Guide