HomeMy WebLinkAbout0334.094'.
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June 16, 1994
THE HONORABLE CITY COUNCIL
Palo Alto, California
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A.qt:~fill1. betNeen the Cit,.Y.....QL.palo Alto and Re90urce Management
.In.tet'nat!Qnal, Inc. f9~n8ulting Services Related to.QM
.!.ttility Matters ~f.9XfL.tJ.!~Salifornia Publi~lliill Commission
Nembera of the Council~
RgJ29Lt..jn Brief
This report requests that Council authorize the Mayor to execute
the attached agreement with Resour.ce Management International.
Inc. {RMIl in the amount of $130;000 for specialized consulting
services on gas utility matters before the California Public
UtiLities Commission (CPUC) during ·F'i 1994-95. I~ast year. RMI
was selected through a Request for Proposal (RFP) process with
the intent to extend the contract up to five years depending on
their performance. 'I'heir performance, over the first year, has
been excellent, so staff recommends that the contract should be
extended for FY 1994-95, In addition, staff recommends that
Council authorize the City Manager or her designee to execute one
or more contract amendOlents in an amount not to exceed $20,000
for unfor~8een additional regulatory related services. CPUC gas
proceedings are ongoing and bear heavil}' on the City's ability to
maintain a competitive gas utility. Fu~ds for this service are
available in the FY 1994-~5 Utilities Consultant Services Budget.
~uesiQn of Consultant Services for F~~
During Fiscal Year 1994-95, proceedings related to gas matters
which are beIng heard at the CPUC and the Federal Energy
Regulatory Commission (FBRC) will continue to be an are;;a. of major
concern to th~ City.
Xt is important that the City's interests be advocated in these
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regulatory proceedings. To this end, the City \lfill present its
O~ witnesses" c.t:'oss~examlne other utilities' witnesses, submit
briefs, file petitions and t?ke other actions as necessary to
advance its needs. Reliance upon consultants with expertise in
CPUC matters is nece8sary, due to the complexity and extent of
technical ,and procedural ieS\leS involved in theBe hearings.
RMI :inforl!1.~d U8 that they would not generally represent other
part: i03 that may tiave a conflict Qf intercat with the City of
Palo, A.lto. However, if either the City or RNr dete:rmines that
conflicts ~'O\.11d "riec, RMI has agl'ced to recommend alternative
advisors to the city fot" that particular proceeding.
!llitl.l:.2!imMU 1 " Impal<.LAIUlU.amltut
The Comlcil finds that this ia not a' project under the California
Environmental Quality Act and, therefore~ no environmental impact
aaBcsoment 19 neceeaary.
Slat [ ).."eco~.?':ends that council:
1. Apprev('! and alnhorize tha M,\yor to execute an agX'eement with
RNI fot' $130,000 to pn>v.ide consulting set:vices in F'i ,1994-
95 on ga8 utility matter:9 before the C~lifornia Public
Utilities Corr~"l·1i(J8ion; and
2. J\\lthorize the City Managt::L' or her designee to negotiate and
execute one or mote amclldmenta to the agreement with RMI to
provlde for unforeseen additional lot"Ork related to regulatory
hearln9B, ,the value of which shall not exceed $20,000,
RO.peC~f"llY "ubrniStod,
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TOM IlABMlll
Managor of Resource lanning
fl -
EDW~ J. MRt K
Directox of Utilities
~1\\.~~.
BERNARD M. STROJNY
Assistant City Manager
Attacllment: ~greement No. S40412617
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A.JUUUI M RifT
BRnfJIRN 'I1IB Cl'l'lr 01' PALO ALTO
AND RBSOURCR HANAGRIIENT IIl'rlImATIO/fAL, UiC.
FOR GAS ADMlNIS~TIVB PROCBEVINGS SEkYICRS
THIS AGREBMBNT is .... de and entered into this __ day of
, 1994. by and bet .... ,," the CITY OF 1'IIl'() lII)ro.
~a-::mu::'::n7i-:c"\-::p::a:;1-:c::o::rp=o";:"r::a=t ion of Ca 1 if orn i a. here 1 na. f tor re fer reo to as
"CITY,· and Reooul"ce Management International, Inc. 'Taxpayer
Identification Number 94·2611224), a, with offices at 3100
Zinfandel Drive, Suite 600.1 Sac..-amouto. CA 95812' .. 1516 hereinafter
referred to as ·CONTRACTOR-;
W'HBRRAS, CITY desires carta:in setvicea.
specialized consulting eel-yices on gas utility meltterS
California Pttblic Utillti~s COHrnission; ,and
including
befoL'e the
WHBRBAS, CITY desires to ct.gage CO.~'T·RA<"""I'OR to provide
these services by reason of its qualifications and ~xperience for
pel.'forml)~g such services, a[id CON'I'RAC1'OR has offered to provide the
required services on the texms and in the m9.lUlel.' set forth hore:loi
NOW, THBRBFORE, in cooaideration of their ff~tual
covenants, the parties hereto agree as (0110 ... ·9:
SECTION J..~.Iru'l1UTIQl!S.
1.1 .cAn:
The term -CITY-shall mean the City of Palo Alto,
California.
1.2 ~MANAGBR
The term 'City Manager' shall mean the dilly appointed
City ~!onager of the City of Palo Alto. CaUtornia. or his or her
designated rapresenta~ive.
1. 3 CITY C[.SRK
The term Jeity Clerk' shall mean the duly appointed City
Clerk' of the City of Palo Alto. California, or his or her
designated representative.
1. 4 RISK !-!IINAGER
The term -Risk Manager-shall mean the duly apPOinted
Risk Manager of the City of Palo Alto, Cal ifornia. or Ilis or her
designated rept'esentati ve.
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1 . 5 l'RQJECT
The t.erm ·Project ~ shall r.,ean the services described in
Exhibit nAn I entitled ·Scope of Services and Time Schedule".
att.ached hereto and made a part. hereof by this reference.
SllCTION 2 -PROJECT CQQRQlli~M
2.1 Cll:f.
The City Manager shall be representativ~ of CITY tor all
purposes under this Agreement. ~! HABASHI is designated as the
Proj,eGt Manager for the City Manager, and he or she shall supervise
the progress and execution of this Agreement. and shall be a8sisted
by BLAKB HEITZMAN. the Senior Power Engineer.
2 • 2 CONTRACl'()R
CONTRACTOR shall assign a single Proj ect Oil-ector to have
overall responsibility for the progress and execution of this
Agreement for CONTRJ\CTOR. MAURrn~: A. KRVrH hereby is designated as
the Project Director for CONTRACTOR. Should circumstances or
conditions subsequent to the execution of this Agree.ment require a
substitute Project Director for any l"eason, the Project Director
designee shall be subj ect to the prior written approval of the
Project-f.!anager.
!iJjCTION 3 -Illil'JES Of CQlITRA!:I.QE
3.1 SERVICES .. 'l'Q BE FQRNISIiM!
CONTRACTOR shall provide all specified services as set
forth in Exhibit A.
CONTPJ\CTOR shall:
3.2.1 Procure all permits and licenses, pay all
charge~ and fees, and give all notices whiCh may be necessary and
incident to the due and lawful prosecution of the services to b~
performed by CONTRACTOR under this Agreement;
3.2.2 Keep itself fully informed of all existing
and future federal, state. and local laws, ordinances, regulations,
orders, and decrees which may affect those engaged or erllployed
under this Agreement, any materials used in CONTRACTOR':s
performance under this Agreement, or the perfonnance of the
services under this Agreement;
3.2.3 At all times observe and comply with, and
cause all of its subcontractors and employees, if any, to observe
and comply with, the laws, ordinances, regulatiolls j orders and
decrees mentioned above; and
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3.2.4 Immediately report to the Proj ~ct ~'~nager
in writing any discrepancy or inconsistency it discovera in the
laws, ordinances, regulations, orders, and decrees mentioned abov.e
in relation to any plans, drawings, specifications ox: provisions of
thi·s Agreement.
3.3 RELEASE OF R;;PORTS AND INFOR.."1ATIQN
Any reports, infort'l'laticn, data or other material given
to, or pI'epared or assembled by, CONTRACTOR or its subcontractors,
if any, 'Jnder this Agreement shall be the property of CITY and
shall not be made available to a~y individual or organization by
CONTRACTOR or it.s subcontractors, if an'y, without the prior written
app<oval of the City Manager.
3.4 COPIES OF REPQRT~~FQRMATIQN
If CITY requests additional cQpies of reports, drawings,
specifications or any other mate:-ial which CONTRACTOR is req-oJil'ed
to furnish in li~\\ited quantities as par!;. of the services under this
Agreement~ CONTRACTOR shall provide such additional copies as are
requested and CITY shall ccmt:ensa.te CONTRACTOR for tr.e ccscs of
duplicating of such copies at CCt;":'RAC'roR's cost.
3. 5 il.N8"'-R~
Final Report is not applicable.
CON1'RACTOR represents that it has the expertise and
professional qualifications ~o ft:::."::.ish the se:'V:'ces described under
this Agreement. As evidence the:~of( CONTRACTOR warrants that one
or more meI!\tlers Ot e.mployees of t:1e firm are licensed by the State
of California and that the ser.Jices to be provided unde!." this
,Agreement will be performed by them or under their supervision,
3 • 7 COOL rANCE WTTH illlA
CONTRACTOR states that it is aware of the requirements of
the f.ederal Americans 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
accorranodations for disabled persons, and relating to facilities for
disabled persons. -CONTRAC1'OR shall comply with or ~nsure, by its
advice that co.'tlpliance with such provisions will be effected
pursuant to the terms of this Ag:eement.
SBct!ON 4 ·~OMPEN$}\TICN
For the full performance af the services described herein
by CONTRACTOR, CITY shall pay COr-t'"TRACTOR a total sunt not to e:(ceed
One Hundred 'I'hirty Thousand Dollars ($130,000) ( payable within
thirty (30) days of submissior. by CONTRACTOR of its ite.~ized
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billings in triplicate,
SChedule, marked I1xl1!bit
referenca) .
in; accordance with the attached Pee
"Slil and incorporated herein by thi&
CITY shall provide all specified services as set fort.h
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NONB.
The services to be performed hereunder shall commence on
July 1, 1994, and shall be completed by June 30, 1995, in
accord~nce with tlie time schedule set forth in Exhibit A.
SgcrWll 1 -BXTBNS 1011 OF TB ilM
In the event that the services called for under this
Ag;n~ement are not completed within the time specified above, the
City t-'~nager ohall have the option to extend the time for
compl.et.i.on. Thls paragraph does Hot preclude the recovery of
dal1\ages for delay by either party.
~ a . TIlRMlliAl'ION QR SUSPllNSIQN OF AGRBEfl!'!IT
S.l RIGHT TO SUSJellmLQR TBilMINATB
The City Manager may suspend this Agreemant, in whole or
in' pat·t, or tcnninate this ,ltgreement. with or ~'ithout cause, by
giving thirty (3.0) days' prior written notice thereof to CONTRAC
TOR. Upon receipt of such notice. CON1'R4CTCR shall immediately
discontinue its perforn~nce under this Agreement.
CONTRACTOR rray terminate this Agreement or suspend work
on the Project by giving thirty (0) days' prior written notice
thereof to CITY, but only in the event of substantial failure of
petf<,;)rll1ance by CITY or in the event CITY abandons or indefinitel~·
postpones the Project.
S • 2 PAYMENT
Upon such suspension or termination by CITY, CONTRACTOR
shall be paid for. all services actually rendered to CI'l'Y to the
date of such Buspension or teminationi -provided, however, if this
Agreement is suspended or terminatecJ. for fault of CONTRACTOR; CITY
shall Le obligated to compensate COnTRACTOR only for that portion
of CONTRACTOR's E1ervices which are of benefit to CITY, as such
determination may be made by t.he City Manager in the reasonable
exercise of his or her discretion.
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Upon such Buspension or tcrminat ion~ CONTRACTOR shall
turn over to the City Han.ger i~edi.tely any and all copies of
st.udios. sketches. dra:wings, computationB~ and other data, whether
or not completed~ prepared b)' COl'n'RAC1'OR or its subcontractors. if
any, or siven to 'CQN'TRAC"T'OR or its subcontractors, if any, in
connection vith, this Agree~nt. Such ~terialB shall become th~
permanent property of CITY.
~QlLL~Ir.r
failure of CI'lY to agree \!11th COllrR.AC'J."'OR' a independent
findings, conclusions, or ·ret~ndation(tr if the Bame are called
for under this Agreerr:-ent, on the basis of differences in matters of
judgment, ~h;;\ll not be-cOfletrued as failure on the part of
CONTR.AC'1'OR \.:0 meet the t."equirements of thls l\gree.11.ent.
SJ>crJ9!LlQ . AS:iIQ::!'\(l!I ... r;~Ji'8RNtiA[, SBRV!~S,
S\i]).CQ1,:r.Mhl'QM_~XRS.s
1 0 . 1 ASJU IW.1.!l!llJ:
Both partieo shall give their personlt;l attention to thl?:
faithful perfotmancQ of this Agreerr.'€'nt .and shall not. assign,
tranete~·. convey, or otherwise dispose of this Agreement or ~Ily
right I title or inter~9t in or to the Bame Or any part thereof
without t.he prior written consent of the other party, and then only
subject to such terms and conditions as the other party may
require. A cons~nt to one assi<jl1mf:nt shall r.:ot be deerr~d to be a
consent to any subsequl?nt assi9n~ents. Any assignment without such
approval shall be void and, at the option of t~Je other party I shall
terminate this Agr-cement and any license or pri .... ilege granted
herein. This Agreement and any interest herein shall not be
assignable by operatiqn :of law 'Without the prior written consent of
the other party.
10 . 2 l.'l!J!SQ~ll.IL.S.E&UQi.S
It. is agre~d .that this A9reer.\Ctlt is for the personal
services of CONTRACTOR and cannot be performed by any ot.her person
or organizatiori.
10.3 SJ.lll.CQlITMCT9SS; EMl'WWS
CONTRlIC'J'OR .hall be reeponsible for employing or engaging
all persons necessary to perforln the services of CCNTRACTOR
hereunder. No subContractor of CONTRAC"l'OR will be recognized by
CITY as Buch: rather, all subcontractors are deemed to be employees
of OONTRACTOR~ and it agrees to be responsible for their
performance~ CO~I~AC~R shall give its personal attention to the
fulfillment of the pl"ovisions of this Agreement by all of its
employees and Bubcontractors~ if any, and shall keep the 'Work under
ita control. If any employee or subcontract.or of CONTRACTOR fails
or refuses to carry out the provisions of this Agt:eement or appears
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to be ilJeompetent 01" to act in a disord~rly or improper manner, the
employee or subcontractor shall be discharged immedlately from the
work under this Agreement on demalld of the Project Manager.
SECTION 11 ~ NotICSS
All notices hereunder Bh~ll be given in writing and
mailed, postage prepaid, by certified mail. addressed as follows:
To CITY: Office of the City Clerk
Post Office Box 10250
Palo Alto. CA 94303
To CONTRACTOR: Attention of the project Dlxector
at the address of CONTRACTOR recited above
In accepting this Agreement, ('1')lVl'RACl'OR covenanto that it
presently has no interest. and shall not acquire any inte~est,
direct or indirect, financial or otheniise, wnich ",·ould conflict in
any !M.mler or de9ree with the perfOl:"1'l'.anc~ of thE>" aerviC"!9
hereunder:. CONTRACTOR further c{)'Jenants that, in the perforrrance
of this Agreement, no subcont.ract.or or person having such an
interest shall be employed. CON"l'RAC'l'OR certifies that IlO one ... ·ho
has or will have any financial inter.est under this Agreement is an
officer or employee of C!TY. It is expressly a9re~d that in the
performance of the professional service.') required under this
Agreement, CONTRAC"I'OR, and any of :its subcontractors or employees,
shall at. all times be considered independent contractol"S (tr.d not
agents or employees of CITY.
l1IDION 13 • ! l!DENNITX
CONTRACTOR agrees to protect, indemnify, defend and hold
haxmles8 Cl'N. its Council members, officers, agents and employees
from any and all demands, clatms, or liability of ..... ny nature,
including death or "injury to allY person, property damage or allY
other loss, caused by or arising out of (''ONTRAcroR' s, it a
officers', agents', subcon~ractors' or enployeea' negligent actR.
errors, or omiSSions, or willful misconduc~, or conduct for which
the law may impose strict liability on CONTRACTOR in the
pe:r:formance of or failure to perfOlln its obligations under this
Agreement.
llRCTION 14 . WORKERS' COMYBN~ATIQN
CONTRACTOR, by executing this Agreement, certifies that
it is aware of the provisions of the Labor Code of the State of
California which require every employer t.o be insured against
liability for workers' compensation or to undertake sel f· insurance
in accordance with the provisions of that Code, ana certifies that
it will comply with such provisions before commenCing the
performa"nce of the work of this Agreement.
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SEc-trOt{ 15 -INSURANCE
15,1 IHSIlRAllCB COVERAGE
CONTRACTOR, at its sole cost and expense~ shall obtain
and maintain, in full force'and effect throughout the entire tenm
of this Agr:eement j the insurance coverage described in Exhibit ltC"'.
attached hereto and made a part hereof by this reference. insuring
not only CONTRACTOR and its subcontractors, if any, but also, with
the exception of workers' compensation. employer'S liability. and
professional liability insurance, naming <18 additional insul'edo
CITY. its Council members I officers. agentB and employees, and each
of them, concerning this Agreement and the Project.
All insurance coverage required hereunder shall be
provided through carriers with an A. M. Best &: Corrpany rating of
A:X or higher that are admitted to do business in the State of
California. Any and all subcontractors of CONTRACTOR under this
Agreement shall obtain and maintain, in full force and effect
throughout the tem of this Agreement, identical insurance
covel'age, with CI'!'Y named as additional insured under such policies
as required above.
15.2 EVIDENCE OF C~~
Certificates of such insurance. preferably on the forms
provided by CITY, shall be filed with CITY concurrently with the
execution of this Agreement. The certificates shall be subject to
the approval of the Risk l-tanager and shall cont.ain an endorsement
stating that the insurance is primary coverage and will not be
cancelled or altered by the insurer except after filiug with the
City Clerk thirty (3D) days' prior written notice of such
cancellation or alteration, and that the City of palo Alto is named
as an, additional insured except in policies of workers'
compensation, employer's liability, and professional liability
insurance. Current certificates of such insurance shall be k~pt on
file at all times during the term of this Agreement with the City
Clerk,
15.3 FO LIMIT OF LIAeILITX
Th~ procuring of such required policy or policies of
insurance shall not be constnted to limit CONTRACTOR's liability
hereunder nor to fulfill the indemnification provision and
requirements of this Agreement under Section 13 hereof.
Notwithstanding said policy or policies of insurance. CONTRACTOR
shall be obligated for the full and total amount of any damage,
injury, or 108s caused by the services performed under this
Agreement, including aftel." the Agreement has terminated or expired.
CONTRACTOR agrees to permit CITY to c.udit, at any
reasonable time during the t.erm of this Agreement and for three (3)
years thereafter, cornRACTOR'S records pertaining to matters
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covered by this Agreement.
such records for at least
Agreement.
CO~1r.RACTOR further agrees to maintain
three (2) years after the term of this
~ION 17 AGREBMENT B!NDIN~
The terms, covenants, and conditions pf this Agreement
shall apply to, and shall bind, the heirs, 1JUCCeSBors. executors,
administrators, assigns, and subcontractors of both parti~s.
SECTION 18 -WAIVERS
The waiver by either party of any breach or violation of
any term. covenant, or condition of this Agreement, or of any
provisions of any ordinance or la"\I, shall not: be deemed to be a
waiver of any other term. covenant, condition, ordinance. or law or
of any subsequent breach or violation of the same or of any other
tenn, covenant. condition, ordinance, or law. The subsequent
acceptance by eitner party of any fee or other money which tTk'"l.y
become due hereunder shall not be deemed to be a waiver of any
preceding breach or violation by the other party of any tenn.
covenant. or condition of this Agreement or of any applica.ble law
or ordiuan'Ge.
'i'he prevailing party in any action brought to enforce the
terms of this Agreement or ari sing out of this Agreement may
recover its reasonable costs and attorneys' fees expended in
connection with such an action from the other party.
No payment~ partial payment. acceptance. or partial
acceptance by CITY shall operate as a we:.iver on the part of CITY of
any of its rights under this Agreement.
~.IQ!l-21 -NONDISCPIMlNA'XION; PENALTY
21-1 DUTY OP CON'I1lJ\CTQ&
No discrimination shall be made in the employment of
persons under this Agreement hecause of the age, race, color.
national origin~ ancestry, religion. disability. sexual preference
or sex of such person. If the value of this Agreement is. or may
be, Five Thousand Dollars ($5,OOO) or more, CQNTRACroR agrees to
meet all requirements of the Palo Alto MUnicipal Code pertaining to
nondiscrimination in employment, including completing the
·Comp.\ ial"lce Report--Nondiscrimination Provisions of City of Palo
Alto Contracts n on the form furnished by C1TY, attached hereto as
Exhibit nDn and made a part hereof by this reference.
CONTRACTOR agrees that each agreement for services from
independent providers shall contain a provision subatantially as
follows~
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• Provider shall provide CONTRACTOR 'With a
certificate stating that he 'or she) is
currently in conwliance with all Federal and
Stat.e of California laws covering
nond:lacrimination in eInploymenti that he 'or
she) will pursue an affirmative course of
action as required by the Affixmative Action
Guidelines of the City of Palo Alto, and that
he Cor she) w111 not· discrimlnate in the
employment of any person under this contract
because ot the age, race~ color, national
Qrigin, ancestry, teli.gian, disability. sexual
preference or sex of such person.~
21.2 .l':BNALTX FOR ll.iSJ:RIM I NAT ION
Xf CONTRACI'OR Is found in violation of the
nondis<:'rimination provisions of the State of California Fair
~plQymellt Practices .Act or similar provisions of federal law or
ex~cutLve order i,n the perfo:nnance of this Agreement, it shall
thereby be found in rn.lterial bl"eaclt of this Agrc€ment. Thereupon l
CI'l'Y ahall h<'lve the power to cancel or suspend this Agreem.e!lt, in
whol('! ot" in pal.'t. or to deduct from the amount payable to
CON1'RAC1~R the SW!l of 'l\rJenty+Five Dollars ($25) for each person tor
each calendar day during 'Which such person was discriminated
aga.inst. as damages for breach of contl'actl or both. Only a
finding of the State of California Fair l<.inployment Practices
Com.-nission or tlle-equivalent federal agency or officer shall
constitute evidence Of it violation of contract undeX' tllis sectioll.
If CONTRACTOR is .found in violation of the
nondiscrimination provisions of tois Agreement or the applicable
afth'O'\Ath·"oC! action guidelines pertaining to this Agreement,
CONTRACl'OR shall be found in matarial breach of this Agreement.
Thereupon. CITY shall' have the power to cancel or suspend this
Agre.ernant, in whol.o or in part. or to d~duct from the amount
payable to CCNTRActoR the sum of Two Hundred Fifty Dollars ($250)
for each calendar day during which CONTRACTOR is found to have been
in such noncompliance as damages for breach of contract, or both.
SJicrroN 22 • AGBB8MENT !::Q...'iTAlliS lU.L tINDERSTANPIlllN,
lIMllNDMlUI.T
This document represents the entire and integrated
agreement between CITY and CONTRACTOR and supersedes all prior
negotiations, representations. and agreements, either \liritteJl or
oral. This document ~y be amended only by written instrument.
Signed by both CITY and CONTRActoR.
Thts ~9reement shall be governed by the laws of the State
of California.
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S BCTION 24 -COt!P[,ICT OF..llD:.IUU>Sl:
CITY W"iChCOw~d~fa~~~~~g·ge in any activit)' 0" behalf of
interest. The provisions of Bxl1i:i ill a position of conflict of
reference. t B are-incorporated herein by
Agreement ~~eW~~y !~dWIIBRgOFf" the parti~8 hereto have executed this year ",rat above written.
ATTI1ST,
CIT\' OF PALO ALTO
city Clerk
APPROVED AS TO FORM:
Senior MSt:. City Attorne}'
APPROVED,
RIlSOURCE HANAGEHEIIT
INTRRNATIONAL, INC.
BY'~t3:.f-<::L::..:!.,;;.d;:;;'/~; -~'-c....-
ltS,_£" c~_
CALIFORNIA ALL-PUFlPOIII! ACKNOWLEOOMENT
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the llama In hlaJherllhelt aulhOrlzed
capaclty(16S). and Ihal by hls/herfthelt
sIgoatu,a(.) on tho ill.trumeo\ tho p<>1$OO{').
or the entlly upon behalf of whlch the:
porsoo(.) ."''''. ex_ed II>e Insll\N11Olll.
_ OPIIDIW. SlClIOH -
CAPACITY CLAIMED BY SIGHER
~...v. ~,-a ~ ... f4,"U/ylr) .-oJ..,,1t.t OIl. t>tlQioo" ~""'.g ~ "'41 p."O'I"
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GENERAl o "TTOOHeY-lf,~....cl o TRUSTEE{S)
OG~RVArOR
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STATE OF
COUNTY OF
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CBRTIPICATE OF ACmOWLIlD(lMK!fr
(Civil Code § 1139)
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011 __ _ ____ , before me,
_ __ , a notary public Til-iilidTor said
county I pereona!lyappeared
p<!rsonally known to me (ot' proved to me
factory, evidence) to be the person(s)
subscribed to the within instrument,
on the
whose
basis of9atla:
name (8) i8/are
and acknowledged to me that hc7ahe7Ehey execut"ed the ~Inhr6i
her/their authorized capacity(ies', and tll.t by his/her/their
signature(s) on the instrument the person(s}, or the entity upon
behalf of which the:! pel"Son(s) acted, executed the instrument.
WITNESS my hand and official seal.
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EXIllBIT A
SUMMARY OF SERVICES
GENERAl.
RMl shall provide narural gas consulting servi"" and re,guialory support to Ihe City of Palo
Alto. Said se.rvires and support shall be comprised of Ihe following fou, task categories:
• TASK I: Monitor and analyze CPUC and FERC procudings and repr<Sent the City's
i.ll tertjts.
In this task, ll}.fl shall monitor aM l1JUl/yze or<hn, deci,iollS, aM jilinssUy aM btfore
llie CPUC and Ih' FERC for imptJC' on Ihe Ci'Y, RJ,fI shall recommend courses of
(l(;rion t() represe11lthe City's iNtralS in suen proceedings, including preSClUlJlioll of
ttstimony.
.. TASK 2: MiUntain an ongoing presence at the CPUC to represent the City's intere5ts
effectively.
In this task, RMI shall maimain rOUlin.e and 5J{[Jkielll access t() key policymakers and
staff al the CPUC /0 jacillfOJe. upon Ciry awhoril.illion, eff(cril-'e and e.tficiem
represenf{uion o/Ihe Ciry's l-'iewpoims and cOllcerns on gas regu/afol')' issues.
.. TASK 3~ Work with the City to establish rcgulalory objectives, goals, and priorities.
/n this ,ask. RMI sholl peifonn work requesred by Ihe eil}' 10 ,upport ollaining irs gas
acquisition OJUJ IramponaliolJ objecn·,'rs.
• TASK 4: Provide Ihe City wilh miscellaneaus natural gas consulting seIVires.
In lhis lask, RJ,fl shall peifonn v.»rk "quesltd by 'h' City 10 support allairJns irs gas
acquisition and traJlJponGlron objec{ives.
All RMl natural gas "'lvices shall be developed in dose coordination with the City's
Resour<e Planning managemeni and ,taff. An activity work plan shall be developed for e.lch
service activity prior to the implementation of that activity. Said activity work plan shall
contain a strategy, a work seheduleincluding estimated team member Walk commitments, a
budget, and other infornlation as requested by the City's Projeet Manager. Said plan must
be approved by the City's Project Manager prior to its implementation.
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EXllIBlT B
RESOURCE MANAGEMENT INTERNATIONAl., INC.
1994
Prof ... ional and supporl services, except for testimony, shall be billed at
the (ollowing rates:
Managing Executive Consultant
Principal E.xeculive Consultant
a.ecul;v. Consultanl
Prindpal Consn Itan I
Supervising Consullant
Senior Consullant
Associate p(Ore...~1onal
AnalYSI
Research Assislanl
TIC(hnldan
Office Services
$145 per hour
$130 per hour
$125 per hour
S115 per hour
$103 per bour
S 93 per hour
$ 81 per hour
$71 per hour
$ 54 per hour
S 47 per hOJJr
$ 43 per hour
The above rates shall be adjusted each year, commeneinF, January 1, 1995,
to reneel lhe changes in rates officially established by the RMI Board of
Directors.
Testimony shall be billed at not less than eigbt (8) haUlS per day.
ReprodUClion, printing, commuruc;Hions, computer servlces, and other
miscellaneous wppon senlces shall be billed at rates for such seMces as
determined ftOm lime to lime and ofticially established by the RMI Board
of Directors plus ten (10) per<enl.
All travel, Cood; lodging, and mi«eUaneous expenses, excepi automobile
mileage, associsted wilh rhe provision o( services hereunder s.hall be billed
at cost. Automobile mileage shall be billed al $0.25 per mile.
aient shall reimburse RMI (or any applicable sales lax imposed on
services rendered by RMI to Client.
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E..XHIBLT C
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Insurance RequIrements for Contrl!:ctors
CONTRACTOR:
PROIECr MANAGER:
CONTRACT NAME:
GENERAl. TERMS AND INSTRUCTiONS
n~ ~TflKlJ,,""" $H(fT ,,~o N ~'(J" TO YOI.IA ~W'HX:f: ~Ck"'l/toAOJI(~J\.
~nc&I TOt1a aTTOf' .... 40Al'IQ..-.T NOa JOt .. p~ ""',l. (ott . .,... ..... 0' rot.....,.,.,.. ~~ '01. 1M TU.H l)f TNI~.
~ 'II'LL "'I..II?'>~ to#'lC"O'l.1l Acn:T'flO.T1Ilo~ tlII P-AltlNT ~ JtAUN fXIII UJTAI ~ AlQ'OQIUL tcnun. .u..t.
~ ('Q\V.A('tlJ.P1.,OUPIX.I.U.MrtO"o'al:! ~CM c.wJU,J _101 "'lOT ..... nco(ll4''IC1~, nuT AAl.u..l11'TWTOOOIl~ • n.""'RClf~","-11ti<::P:T1r'JCAJ1(o1~~ I'n..arr M('QIooIIUT(.l)""Vl"'wc\""R1."~ .. ,, .... t~.Q.UI"~"'lM Of'OQC'OWIn"Y "O~~ n.m
lIlTXr.QTT,#.JfIJN?'IO'-"TU IY11C(1l'TM1 ....... ~ .. Ull!~ ('o;'>IoO'UT' III l.J.:$rll(T1 M\ ...............
/!£TV/I./I mE COMPlZTED C£fmFlcm:ro mE CIIT OF PALO ALTO. PURCHASING '* COHT/U.CT
ADMINISUlATlOH. m IWlfLTO,v A YCliUf. PALO ALTO 91)0/.
THE INSURANCE
'~",\II_"."H
l$:"\Q,;\Of~PU...u.IY{l.lo..l.\l.(l(
• k.~U COOlMc::I .... 14.l
• <HMO
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lNCLL'DDW:
·~AA1JOMU."""""
·~C"'Utr~
KEf) BEtOWAR£
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*'X"~ HAIR,,:;t_ ,. ...... ~
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t<<<¥ tt1<."'~' ~I\lt
(:>lJ.\.\("C~O
THIS COI'mtACT.
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A.. 1M City « 1"Il10 AJI(I.. iu ~r*f.i" ~. t<"tI ~'"yttl I~ I tltmt1 u ...s4itio.'Wi! tMVI N, bul orly ,. 10 I'l'M p.trfo-rm+d -...Mil
contJltCl. S.,td «""''9' H 10 0-.. (:tty ., "/~ Al1o, "f., ,1\.foI Jot Fo"~ tel.",";:" WI'Imw: 011011 ~iil.ro,t (:tty'_ • .:d.d1\; lNv,tMt
tnd MY OLh+lIoWtMoC. ,.,lit.;f ~ t.Iw Cttt h'I".g' ~f'll ""-.fI'>ef 6t'lIy.
8. WheUI I;N wr.rk ~. ~~. ~."",. ~IU\"~' .,~ 1Il( ow. 1,il',4"Qle4,md ffort.lhl poIiev lr.ciudll dutNcllen 01 wi"",
~l1. w.t. ma;:,.,.,« tlht, ...... illu ~«ltfl ...... ~ "X'."IYI ~ ~cl~ IMUwill'l ~ew 1M .urf~. M 1M ~w.'"od whelMr
ow 1'*1 by INfd f>U'lHl 01 eM Citr $1 '110 Alto.
C. \'fl>t.!, tht ","on:.ln'o'Olrtl '~U\'I~. eo{4oP" c""'t!tQt F. ~ey(d~ 1.-. i~ Wl»V1It. Iil>ovt.
O. TM paC'( 1noJo.rd •• " ·Sa ... ,,,,oiitt ~f Ir.Wtll~ pJo..cti",,~
E. OM.oc!iWt! ""'" t 5.000 'tNt! b. iro1kll.d f#'S 1ft .w,~el ('0 'WIn*'.
F. H IUCh~' ..... ov.colod (X e~l~ dIi~ lht p~ 'Or C"'~·ll 19' .. t1.IW h,.on. In , ... u. '~I ,. 10 0".01 1M C,rtitiul,.
t.mty UOIiI'I!tfI1'rnlt,n r.o!inl'ril bt fNlilKlto Ihl Cil( '01 PI!(I IoJIO. COI1'l1oct A6rririltrotr~r"I. P.O. Bell 10250. IU03
G. TlI-t ~ry 1Mvf'r>¢0 P<'kv In-:WII • eMI"IH:h/.w r~I'1' or.1«.trol," Pr;l'tidil".g IMvllroeo t'O ... ,,1i"' lef C<W\tl~IOf'. o~ .. m.r,l
(0 rndlJouir.,. ~ C:fV.
H. TN CCl"""f90 "fo.'dt-d Ur-.:!'H 1M ~';'I ~I I .. M",I;b ..:I,.rf'o1l or It>t ~u 4";\)<">1101<;1 !">lrt1n 00<1 Ino., • .afI or 1M ~I(O""~·M' CHIN
om$~? CONTR.CT 'DI",";"'~T"",/du.Tfiti~I!;J", M, .. ", mO.,,,·mO
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EX.HIBtr D
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PART II • SUPPLEMENTS TO fORMS SEcnON 00410 (RFPI
CERTIFICA TION OF NONDISCRIMINA nON
Cortlf!caUgn of N"nlllscrlmlnalIQn: As suppliers of geoas or lorvlco, to tho City of
Palo Alto, the l1rm ana InaMduals listed below cer1ll1 .. that thov do not
discriminate In employment wllh ragards to age, reC8, color, religion, netionol
origin, ancestry, disability, or uxual preference; thai they ero In compliance with
ell Fadersl, Stalo and Iocel directives 8"d aXBeutwa ordels regarding
nondrserlmlnstlon In employment: end that they ogreo to demonstrate positively
and aggreulvelv the prlllClple of equII oppOrtunity In omp!oyment.
The Proposer a9r88' ,peclflcally:
1.0 To establish oroblerve empJoYll1(lntpollc1<ls which affirmatively promote
opportunities for minority porsons 8t ell job lovols,
2,0 To communlcBte thl. policy to BII pelsons cOl1cornlld, Inciudlng ell
employees, outside recruiling S~rvIC6$. especially those sefVinij minority
commun~le., and to the minority communltlC3 et 18I\le.
3.0 To take affirmative ecllon slep. to hlrc minority en'ptoyees within the
orgonl,ollon.
4.0 To be knowledgeable 01 Ihe locsl, Mala, Bnd lederallaws end regulatlons
concerning affirmative acllon policios Dnd provlda opportunities for
omployees,
Firm: RESOURCR HANJlGEIll<l>'1' IN'I'E~NhTIffidh INC,
Title of Officer Signing: SI1NIOR VICE PRESIDENt' , __ •
Signature ~Qp d ~-
Cate MAY 27, 1994
Please Include any additional Inlormallon available lOijardlnij equal opportunity
amploVfD<lnt programs now In affect w~hln your company.
END OF SECTION
CITY 01 PALO AlTO: Non·drwlmr",~"" 151931 S~CTION 00410IRFOI·'
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RmIBIT E
CONPLICT 01' IN'I'BRBSi'
RMl shall not knowingly undert.ake befo.re the CPUC
representation of clients whose interests conflict with the
interests of Palo Alto in the proceeding, unless Palo Alto haa
given its prior written consent to the conflicting representation.
In the event-Palo Alto refuses fluch ~onsent. RMI shall "not
undertake the conflicting representation unless and until each of
the following has occurred: (1) RMI has arranged for alternate
representation for Palo Alto in the proceeding, and '2) Palo Alto
has agreed to accept such alternate representation, t-fOl"eOver. RMI
has agreed not to knowingly undertake conflicting represelltation
without prior consultation with City.