HomeMy WebLinkAbout0339.094, ~. . .~
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June 16, 1994
TH~ HONOR)Ull,1\ CI'fY COUNCIL
Palo Alto, California
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l1lmxQYU_Q.f~Dm.Jl.1Att~~r.ruLm.ent Related to Western Area
l'.Q.W~LM(1l~ni at ra t ion J:llntUQ~--A9t i V it ie.,!!
He~er8 of the council:
This report requests that Council approve the attached Agreement
wit-.n Rf~6ource Management lnternational (RMI) in the amount of
$90,000 fOl;~ speCialized cOJlsulting eervices on "1estern Area Power
Administration (Western) ioouse and California Public Utilities
Commission (CrUc) i8sue8~ euch as retail wheeling during
F¥ 1994-95, and authorize ita. execution by th_e Mayor. In
addit10n r staff recommends that Council authorize the City
Managtn" or her deaiognee to execute one or more contract
amel\~ment:8 w:lth RMI in an amount that shall not exceed $10,000
fQr unfo1:eaeen additional Wp.Btern mattel"s. Funds for these
services a~e included in the FY 1994-95 Utilities Consultant
Services Budget.
With the Council's approval, the attached agreement can be
implemented 1n a timely manner to assist staff in further
development of strategies aimed at the western contract ren~wal
process~ which is underway and culminates in 1997 ~ ami the
C~ntral Valley Project Restoration Act (CVPIA1; which is also
unde~~ay and will culminate in 1996.
~u8s:i()n Qf Con..1J..lJltant Services for F'i 94-95
NUlTl.e~·ous iasueG ~re in progress regarding Weatern's power
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marketing, rates, reeourc~ acquisition decisions, CVPIA cost
allocations, . and cOl\tr;act xonewal. Under the Western contract,
approximately 90 percent of Palo hlto' a electric OnCl"gy needs is
supplied; and the COAt is approximately $24 million per year.
Staff believes that the City will bonefit from the hldn9 of •
coneultllnt with expettiee in Western isauee to gather
information, advise ataff f ~nd ~aoi9t in developing appropriate
reoponse strategies.
Staff used 'thl! RPP process in 1993 to 801 icit proposals from
consultants that have-de't'eloped a rcopectilble expertise in
.regulatOl'Y matters EleYen RI"Pa ...... ore serit out clnd three
proposals were l'cceived. JXlst ~ar, RHI was selected; and an
initial contract waa signed in SoptembQr 1993. with the option of
the City to extend it ye~r by year for up to five years b;ifled on
City need and con'sultant perfQl'mance. The need fOl" assistance,
during the three no-ajor ongoing processes of the Bureau CVPIA
Weatern Energy Plannin9' and ~al'keting Progra(4 and Weatc:rn
pOt:lt-200-i H;u,-'-keting Plan, has ken extremely evident; and the
consultanV 8 perfO):[Mnce has been v.e~:y good and quite helpful.
RHI has informad utaff the)' 'h'Quld not gen(>.rally repreBent. other
parties that may have .J conflict ot interent wi.th the City of
palo Alto. j~o""'ever, if elthel." the: City or the consultatlt
determineo a problem or conflict regarding the consultant'B
1."Cpr6Bent-",t ion of the City \OO\lld ariBe.~ run hall agreed to
recommend alternative advisors tO'the City for that particular
proceeding. utilities staff will continue to represent the City
befol.·c Western <lnd the Cf'UC. The consultant i9 being retained
to.1' the primarily for the PUl-POSCS of infol'ml1.tion gatllering,
develop.. .. IHmt of strategies llnd technical ~dyice.
~\1:I has entered into A somewhat similar co-ntl:act for Western
related aervicC:9 t.o Uorthern Califol"nia Power Agency. Ther~fore~
palo Alto 18 d~-emphasizing certaili areas of its direct contract
with ruu, to removo l"edund~nt tasks t.hllt the City is likely to
receive through NCPA. The City is also going to re-emphasb:e
certain areas in the Dcope of ""orx to deal with CPUC electric
retail wheeling issues: and strategies.
Staff recommends that Council:
1. Approve and authorize the Mayor to sign an agreement with
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Resource Management International, Inc, in the aR1()unt. of
$90,000 for the provision of consulting sen'ices in FY 94,95
for support-and specialized consulting servi('(!s on Wastel'n
and CPUC issues; and
2. Authorize the City Manager 01' her designee to negotiate and
execute one or more amendmento to the agreement with
Resource Management International Inc. to provide fOl'
unforeseen additional work related. to WesteI'n matters and/or
CPUC mattera, the value of which shall not exceed $10,000,
Respectfully submitted,
TOM HABASHI
Mf.g~r~ Re~o7e Planning
E[ ~ ~::':rzfK Di~~or of Utilities
~.~:~.
A9Sietant City M~nager
Attachment: Short Form Agreement -RMI
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AClRBBKlUU:
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B~ 'I'IIJI CITY OF PALO ALTO
AND RBBOURCl! IUoNAGIII!EN'l' INTBRI/ATIOIIAL. INC.
POR SPBCIALIZBD COIISULrING SBRVICBS
THIS AGRBBMI1N'I' No. 84043590 is made and entered into this
day Of I 1994, by and between the CITY OF
PALO ALTO, a municipal, corporation of California, hereinafter
referred to as "CIT~, fI and RESOURCB MANAGBMBNT INTERNATIONAL, INC.
(Taxpayer Identification Number 94·2611224), a california
corporation, with offices at 3100 Zinfandel Drive, Suite 600,
Sacramento, CA 95812~1516, hereinafter referred to as ·CON'rRAt."TOR-;
If I 'f N R B B B~I
WHBREAS, CITY desiX'E',B certain aelvices, including
specialized consulting services on electric utility matters before
the Western Area Power Adminiotration and the california Public
Utilities Commission; and
WHBRBAS, CI'I''{ desires to engage CONTRACTOR to provide
these services by reason of its qualifications and experience for
performing such services, and CONTRACTOR haB offered to provide the
required services on the te~ and ~n the manner aet forth h~rein;
NOW, THBRBFORE, in consideration of their mutual
covenants, the parties hereto agree as follows:
SECTION 1 DB WilTtQN.S.
The term "'CITY· shall {flean the City of Palo Alto,
california.
1.2 CITY~
The term "City Manager'" shall mean the duly appointed
City Manager of the City of Palo Alto, California, or his or her
designated repreosntative.
The texm nCit.y Clerk'" shall mean the duly appointed City
Clerk of the City of Palo Alto, California, or his or her
designated rep:t."esentative.
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The term "Risk Manager" shall mean the duly appointed
Risk. Manager of the City of Palo Alto, California, or his or hl!r
doaignated representative.
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The term ·Project-shall mean the servicaa described in
Bxhibit "AM, entitled ·Scope of Sexvices and Time Schedule",
attached hereto and made' a part hereof by this reference.
~.I'RWHCT COO&plNATIQN
2.1 l:D:(
The City Manager shall be representative of CITY for all
purposes under thiB Agreement. TOM RABASHI is designated an the
Project l>sanager for the City Mainager, and he or she shall Bupervise
the progresB and execution of this Agreement, and shall be assisted
by 'I"Ch'1 KABAT. the Senior Power Bngineer ~
2.2 ~&
CONl'RAGTOR shall assign a single Project Director to have
overall responBibility for the progress and execution of 'this
Agreement for CONTRACTOR. MAURICH A. KRUTH is hereby deSignated as
the project Director for CONTRACTOR. Should circumstances or
conditione aubseqtHmt to the execution of this Agreement require a
Substitute Project Director (or any reason, the Project Director
dE:lsignee shall be subject to the prior written approval of \:he
Proj~ct Manager.
£KCTlQN 3 • DUTIES OF CONTRAcrQ&
3.1 aBRVICBS'TQ B8 FURNISHBP
CONTRACTOR shall provide all speCified ser-vices as set
forth in Hxhibit A.
3.2 ~WS TO BB OBSBRYRQ
CONTRJlCTOR • ha 11 ,
3.2.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the services to be
performed by CONTRACTOR under this Agreement;
3.2.2 Keep itself fully informed of all existing
and future federal. Btate~ alld local laws. ordinances, regulations,
orders. and decrees which may affect those engaged or employed
under this Agreement, any materials used in CONTRACTOR'S
performance under this A9reement~ or the performallce of the
services under this Agree:ment:
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3.2~3 At all times observe and comply with, and
cause all of it.s subcontractors and employees, if any, to observe
. and comply with, the laws, ordinances, regulations, Ot·dero and
decrc~s ~ntioned above; and
3.2.4 lmncdiately report to the Project Manager
in writ.ing any diaerepancy or inconsistency it discovers in the
laws, ordinances, regula.tions, ordera, and decrees mentioned above
in relation to any plans, d:c.awings. specifications or provisions of
this Agreement.
3.) RBI,RASE OF RBPQJIT~...AIll:1 INFORMATION
Any reports, I.nformation. data or other material given
to, or prepared ot" aeaerT'.bled by, COm'RACTOR 01" its subcontractors,
. if any, undek." thio Agreement shall be the pr0r>'.3!rty of CITY and
shall not be IMde available to any individual or organization by
CON'TRACI'OR or its .subcontractors, if any, without the prior wI"itten
approval of the City Nalla.ger.
rt CITY ri!"CJUl:!stB additional copies of reports I d:rawings l
specitications or any othe:r material which CONTRAC'I'OR ie required
to furniah in limtted quantities aB part of the services under this
.A.9.1::eement, COtrl'RACTOR shall provide such additional copies an are
request.ed and CITY ehull cOltl:penaate CON'rRACTOR for the costs of
duplicating of such copies nt CONTRAC1'OR'S cost,
3.5 flNIIL R81'Olir
CON'TRACl'QR ahall not provide CITY with any copies of the
final repoX't re.quired under this A.gl"eement l as set forth in
Exhibit A, upon complet.ion and acceptance of the report by CITY.
COtrrRAC1'OR represents that it has the expert.ise and
professiona.l qualificatiolls to furnish t.he selvices described under
this Agreement. As evidence thereof, CON"l'RACTOR warrants that one
ox .. more rM.mbere of employees of the firm are licensed by the State
of california. and t.hat the services to be provided under this
A9'reement will be performed by thell1 or under their supervision.
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CON'I'RACTOR etates that it is aware of the requirements of
the federal Americans with Disabilities Act. of 1990, and the
Government Code and the Health and Safety Code of the State of
California, relating to acceS9 to public buildings and
accorrmodations for disabled peJ.'sona, and relating to facilities for
disabled persons. CONTRACTOR shall comply with or ensure by its
advice that compliance with such provisions will be effected
pursuant to the te~ of this Agreement.
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For the full perforroance of the servic~8 described herein
by CONTRACTOR, CI'l'Y shall pay CONTRAC"I'OR a total sum not to exceed
Ninety Thousand Dolla"s ($90,000), payable within thirty (301 day.
of Hubmlesion by CONTRACTOR of its itemi~ed billings in triplicate,
in accordance with the attached Foe $chedule j marked Exhibit 118
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and incorporated herein by this reference.
~~U1'IBS OF CUX
CITY shall provide all apacified services aa Bet forth
below:
Noml.
The services to be perfonncd hereunder si1.all conmence on
July 1, 94. and ah911 be completed by June 30, 1995, .in acco~dance
with the time schedule set tort}) in Rxhibit A.
In the event that the B'21.vice9 cal h;d for under this
Agreement a.re not completed within the t.ime spec! fled above, the
City Managel' shall have the option to extend tho tilJ".e for
completion~ This paragraph does not pr.eclude the recovery of
dSll'agea for delay by elthet-party.
SBCTION .J;_,_1'B@nlll\l'll)lLQ1LS\1Jl~J;_liIlLQl'_MBIiIiMl!lIT
8.1 1lli'.!il'-TILSllS.rWllLQI.< TB8HWATB
The City ~1anager may suspend this Ag ... ·CC:fl\EH\t~ in 'Whole or
in part, or terminate thi~ Agreement, with or without cause, by
giving thirty (301 days' prior written notice thereof to CQNTRAC·
'fOR. Upon receipt of such notice, CONTRACTOR Bhall inme~iately
discontinue its perfor,mance under this Agroe~nt~
CONTRACTOR may terminate this Agreement or suspend work
on the Project by giviJlg thirty nOI days' pdor "ritten notice
thereof to CITY, but only in the event of Bubutantial failure of
performance by CITY or in the event CITY abandons or indefinitely
postpones the Project.
8.2 PAYMRNT
Upon such 8uspan8ion or termin.ation by CITY. CONTRACTOR
shall be paid for all services actually rendered to CITY to the
date of ouch suspension or tel~ination; provided~ however, if this
Agreement is Buspended or tenninated for fault of CON'l'RAC'NR, CI'.!'Y
shall be obligat.ed to compensate COh'"TRAC1.'OR only for that portion
of CONTRACTOR' B services which are of benefit to CITY. as such
determination may be made by the City Ma 11 age .. " in the reasonable
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oxercise of hts or her discretion.
8. 3 R!lT\IRN OF MATERIALS
Upon such suspension or te,k:mination, COtrrRACTOR shall
turn over to the City Manager immediately ~ny and ~ll copies of
8tudies. sketches, drawings, computations, and oth~r data, 'Whethor
or not completed, prepared by CONTRACTOR or its subcontractors/ if
any, or given to CONTRACTOR 01.' its eubc.ontractol"S, if any, in
connection with. this Agreement. Such materialS shall bec~ the
permanent property of CIi~.
SECTION 9 -INPBPlllroBlIT....JUDGMJlNT
Failure of CITY to agree with CONTRACTOR's indopendent
findings, conclusioJls, or reco{(rnendations, if the same are called
for under this Ag.l"eement, on the basis of differences in matte:t."s of
judgment, s!l(tll Jlot be construed as failure on the part of
CONTRA('''1OR to meet the requirements of this Agreement.
10.1 M.$.I~
Both parties shall give their pcraonal attention to the
faithful performance of this Agreement and shall not assigll,
transfer', convey, or otherwise dispose of this Agreement or any
right, title or interest in or to the same or any part theJ:eof
without the prior written consent of the other party, and then only
subject to such terms and conditions as the other party ma.y
require. A consent to one assignment shall not be dee~d to be a
consent to any subsequent assignments. Any assignment without such
approval shall be void and, at". the option of the ·other party~ shall
tel1l'linate this Agreement and any license or privilege granted
herein. This Agreement and any interest herein shall not be
assignable by operation of law without the prior written consent of
the other party.
10.2 PBRSQNAI. SRRVICSS
It is agreed that this Agreemellt is for the personal
serviceB of CONTRACTOR and cannot be performed by ~ny other person
01" organization.
10.3 SUBCONTRACTORS, RMI'WYBES
CONTRAC'I'OR shall be.' responsible for employing or engaging
all persons necessary to perform the sel.vicea of CONTRACTOR
hereunder. No subcontractol" of CONTRACTOR will be recognized by
CITY as SUCh; rather, all subcontl:actors are deemed to be employees
of CONTRACTOR, and it agrees to be responsible for their
pert·ormance. CONTRACTOR shall give its personal attention to the
fulfillment of the prOVisions of this Agreement by all of ita
employees and subcontractors I if any ( and shall keep the 'Work under
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its control. If any employee or Bubcontractor of CONTRACTOR fails
or ,refuses to carry out the provisions of this Agreement or appears
to be incompetent or to act in a disorderly or irnpl:ope~' manner, the
employee or subcontractor shall be discharged immediately from the
work under this Agreement on demand of the Project Manager.
~CI1QN 11 • NOTICES
All notices hereunder shall ba given in writing and
mailed, postage prepaid. by certified mail, addressed as follows:
To CrTY: Office of the City Clerk
Poat Office Box 10250
Palo Alto, CA 94)03
To CONTRACTOR: Attention of· the Project Director
at the addt"ess of CONTRACTOR ~'ecited above
SHCTION 12 . I~&BST OF CONTRAQrQR
In accepting this Agreement, CONTRACI'OR covenants that it
pre~'elltly has no interest, and shall not acquire any interest ..
direct or indirect, financial or otherwiRe, which would conflict irl
any manner or degree with the perfo.l'TMnCe of the services
hereunder. CONl~ACTOR further covenants that, in the performance
of this Agreement, no subcontractor or person having such an
interest shall be employed. CONTRACtoR certifies that no one who
has or will have any financial interest under this Agreement is an
officer or employes of CITY. It is expressly o.greed that in the
performance of the professional sarviccs required under this
Agreement, CO.tn'RAC'J."OR, and any of ita subcontractors 01 "e::llployees,
shall at all times be considered independent contractors and nat
agents or employees of CITY.
SSCTIQN 13 . INDRNNII1
CONTRACTOR agrees to protect, indemnify, defend and hold
ha~ess CITY, its Council members, officers, agents and employees
from any and all demands, claims, or liability of any nature,
including death or injury to any person, property damage or any
other 101919, caused by or arising out of CONTRACTOR' 8;" itA
officers', agents', aubcontractors j or employee~' negligent acts l er.rors r or omissions, or willful mis('.onduct j ot:'" conduct' for which
the law may impose strict liability on CONTRACTOR in the
perfor.-mance of or failure to perform its obligations under this
Agreement.
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SllGTION 14 -WQRKl!Rli' COMPl!tlSATXQIl
COt~CTOR, by executing this Agreement, certifies that
it" is aware of the provisions of the Labor Code of the State ot
California which require every employer to be insured against
liability for wOl"keT.8' compensation or to undertake self·insurance
in aCCOl~ance with the provisions of that Code, and certifies that
it will comply with 8uch provisions before commencing the
performance of the work of thin A9~eement.
SEctION 15 ~ INSURANCE
CO,..""rRl\CTOR, at its Bole cost and expEl!nse, shall obtain
cllld m!lintain, in full force and effect: ,throughout the entir.e tenn
of this Agreement, the inaUl'ance coverage described in Exhibit "e" I
attached hereto and Il\3.dc a part hereof by this reference, insuring
riot on'.y CONTRACTOR and its subcontractoro, if any, but also r with
tho ex~eption of workers' corr~ensation, employerls liability, and
professional liability insurance, naming as additional insureds
CITY, its Council members, officers, agents and employees. and each
of them, concerning this Agreement and the Project.
All ins~lrance coverage required heret:nder shall be
provided through carrie~s with a Beat 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 fb:t.·ce and effect throughout the term of this
Agree~nt. identical insurance ~overage, ~ith CITV named as
additional insured under such policies ae required above,
Certificates of such ins\lrance, preferably on the forms
provided by CITY, shall be filed with CITY concurrently with the
execution of this A~ree~~nt. The certificateB shall be subject to
the approval of the Risk Manager and shall contain an endorsement
stating that. the insurcince is primary coverage and will not be
cancallert or altered by the insurer except after filing with 'the
City Clerk thirty (30) days' prior written notice of such
cancellation or alteration, and that the City qf Palo Alto is named
as an additional insured except in policies of workerB I
coo'lpenaRtion, employer'S liability, and professional liabllit.y
insurance. Current certificates of s\lch insurance shall be kept on
file at all times during the term of this Agreement with the City
Clerl<-
15.3 NO LIMIT OF l.IA.SU,ITX
The procuring of such required policy or policies of
insurance .hall not be construed to limit CONTRA~~R's liability
hereunder nor to fulfill the indemnification provision and
requirementa of this Agreement under Section 13. hereof.
Notwithstanding said policy or poliCies of insurance, CONTRACTOR
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shall be obligated Co< the Cull and total amount of any damage,
injury, or 1098 caused by. the services performed under this
Agreefltent, including after the Agr.eement has terminated or expired.
SJ>C'tlQlL\ 6 -AUDITS
COm'Rl\CTOR ag<ees to pexmit CITY to audit, at any
reasonable time during the. tenn of this Agreement and for three {3 J
yeara thereafter, CON''i'RAC'1'OR'" records pertaining to matters
covered by this A9reetr~nt. CONTRACTOR further agrees to maintain
ouch records for at least three ()) years atl:e~ the tenn of this
Agreement.
The tel11\8, cowmants', anct conditions of this Agreement
ahall apply to, and shall bind~ the heirs. successors, executors,
administrators. assi9ns, and subcontractors of: both parties.
The waiver by either party of any breach or violrttion of
any te1.m, covenant, or C0l1diticn of this .Agreement, or of any
provisions or any ordinance or law, shall not be deemed to be a
waiver of any othar teXl'll, covenant, condition, o1"dinance. Ot' law 01"
of any subsequent bl:~aC'h or violation of t'he same Ot' of any other
te'£Tn" covenant l condition, ordinance, or law~ ·J.'he subsequent
ac:cept.ance by oith~r patty of any fee or oth~n' money which rr.ay
become: due hereunder ahall not bs deemed to be a waivor of any
preceding breach 01' violation by the other party of .any term,
covenant, or condi~ion of this ,Agreement or of any applicable law
or ordinance.
SEcrIQtlJ.!L:.~J\mL1I1TO&>!BYS· PBSS
'rhe prevailing party in any ,action brought to en(orce the
terms of this Agreement or arising O:.lt ot this Agreement may
recover ,its reasollable costs llnd attornej's' feeo expended in
connection with such an acti-on from the other party.
8ECTIOJI 20 -.• 1i2....lMI?kllll1. WAIVRR
.No payment., partial payment. acceptance, or partial
acceptance by CITY shall operate as a ~aiver on the part of CITY of
any of its rights under this Agt:eernent,
SBCTIO!i 21 -!iONPISCllIMXNATIQN: PlltliILTX
21 _ 1 DlIT'i OF C'ONTRAC'l'OR
No discrimination shall be made in the employment of
perSOlls under this Agreement because of the age, :t'ace, color,
national origin, ancestry, religion, disability, sexual preference
or sex of such person. If the value of this Agreement ia, or may
be. Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to
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meet all requirements of the Palo Alto M1..miclpal Code pertaining to
nondiscrimination in employment, ineiuding completing the
"Compliance Report--Nondil1crimination Proviaiane o( City of palo
Alto Contracts· on the form furnished by CITY, attached hereto as
Bxhibit "DI and made a part hereof by this reference.
CONTRACTOR agrees that each agreerr~nt {or setvices from
independent provirlers shall contain a provision substantially as
follows:
'Provider shall provide CONTRACTOR with a
certificate stating that he (or shal i8
currently in compliance with all Federal and
State of Califcrnla laws covering
nondiscrimination in employment: that he Cor
she) will pUJ":8ue an affirmative course of
action a8 required by the Affirmative Action
Guidelines of the City of Palo Alto; and that
he (or she) will not discriminate in the
employment of any person under thiA contt:act
hecauae of the age, race~ color, national
origin, ancestry, religion, disabtlity, 8(>xual
preference or sex of such person.'
21.2 PRNIILTY POR p.1.Sl::RIJ11J!ATIQN
If CONTRACTOR is found in violation of tho
nondiscrimination provisions of the State of california Fair
Employment Practicea Act or similar provisionll of reder~'l la~ or
executive order in the performance of this Agreement.. it shall
thereby be found in material breach of this Agreement. Thereupon,
CITY shall have the power to cancel or suspend thie Agreement, in
whole or in part, or to deduct from the· amount payable to
CON'l'RACTOR the sum of Twenty-Pive Dollars ($25l for each person tor
each calendar day dut'ing which ouch person was discriminated
against, as damages for brear.-h of contract I or-both. Only a
finding of the State of California F8.ir Bmployment Practices
cormnission or the equivalent federal agency or officer shall
, constitute evidence of a violation of contract und~r this section,
If CONTRACTOR is found in violation of the
nondiscrimination provisions: of this Agre'ement or the applicable
affirmative action guidelines pertaining to this Agree~ntj
CONTRACTOR shall be found in material breach of this Agl.'eemellt.
Thereupon, CITY shall have the power to cancel or suspend th~.B
Agreement, in whole or in part. or to deduct from the aiTtOUnt
payable to CONTRACTOR the sum of Two Hundred Pifty Dollars ($250l
for each calendar day during which CONTRACTOR is found to have been
in such noncompliance as dama.ges for breach of contract j or bot.h.
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SBC'nON 22 •
i'hia docu..coent reptuants: the entire .e.Dd illte<J:ra.ted
&9'l='eeGlent betWfl:p.:n ern aJ'ld <::Ol\"TRlI..crov.. and eup&rsedes all prior
.Ilegot:latiQJl8p rep~entatioXLB4 a.nd. ag-reemants, either ""itten or
ora.1.. 'rb1::. 40cwnent may be, a.m.e.nded only by m:itt,OD i.nbtJ:\JJtl.el).t'.~
si~ by both CrI'Y and COlfnAC"IUR.
~!!N 23 • (iOVlmNJN..JL1.al!
'I'his Agreataellt rlball bQ! governed by the laws of the SUl.te
of CIllHonrla.
IN w:t'l'NRSS HmUtEOP~ t.1l& patties hAr~to h&vt! executed thiB
Agraern.ent the day a.u.d year fint above 'lfritten.
city Cl".-k·---
lU>PROVlm All 'l'() PORN,
siiiiIOr--'ASS"t. Cil.y Attorney
1IPPgOVRD:
·Assistant City ~~ger
Director of FInance
Rbk !&mager
APPROVI!Il 118 To CON'l'BIIT:
Ddx.ctor of vtllitleD
.k1CHIBIT 'ltA-:
BXH.IaIT ·B~:
BXllI13IT ·C·:
RXRIBIT 'D-.:
RXBrBIT -S-~
crn: OP PAM 1J..TO
SCOPI! OP SBRVICSS AND TJMll SClIlIDOLl!
J?llH SCBEIltll.J!
lNSt/1WICll
NO>mISCRlHUlATION COMl'LIlINCB FORl1
CONFLWr 01' 11<"='1'
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S'L'l\TB OF
COO'NTY OF _____ _
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a.uU"ZiCJtilO'ltleifged tQ DW thlit b./8hl!l/th~y -e..ucii-ted the '~Tnhfii
her/thai>: autl10rhed capacityli~.l, and that by bia/herlt.l!eir
aignat'ure. (a) on the i:A$tI"j)J]1-.nt the person (s). or tlle E'.nclty upon
behalf of which the pcrsOD{S) a.cted. e.:<scute.d the .instl."'\IJr'.eDt~
WITNiS9 my ~d ar.d off1es'lfo!, 9&a.L
BrATE()FC~RN1.A
OOUNITOF ~A.\la:Il,.:t:<O>_1:...;>_. __ _
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EXHIBIT A
scor~; OF SERVICES AND l'lMB SCHEDUI,E
. I, GENERAL
The service> described herein will be performed at the direction of CITY Slaff on a time
8J\d malerlals b.'lSis ocrording to rol<$ dO$cribed in Exhibit B.
The· essential serviu!; to t-e oonlracled fOf involve monitoring. analyzin8. and reporting
on key \Vc-stem Area. Power Admini11ral1on (WAPA) aclivilies thaI may affect the
crr~s electric milll),. loe.se sen;oo.s inc-1ude but are not limited to:
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Menliflcation and anal)sis of WAPA i~uc.s and activities that may impact the
rates. that tht en')' pays for po,\'er or imp::tci the amount (If power !l1e CITY
rec\:jve-S from WAPA.
Provlding ass!s'ante in developing appropriate reS(lOnSe strategies to relevant
WAPA issuu.
Drafltng conmients and response-os (or CITY review submission to appropriate
cllliHes involving WAPA is.5uc.s.
Assist eln' siaff wilh allianoo buihHllg strategies with environmenlalleaders and
olhers incl\Jding assisting w2th meetings work papers strategy sessions and dialog
"1th environmental groups.
Monhor key environmental proceedings such as the Hay/Delta proteedlngs. State
Waler RC$ourceCoolTol Board, waleT quality proceedings and olhers.
Deliverable, indudingnlonlhly ICller reports and periodic briefings with erry
staff, The leHer reports and briefings shall include recommendations 10 the CITY
as to appropriate nc[ions 10 innuenc.e the course of evenlS.
The delivuable.s \\111 also include "is'SlJe alerts~ 10 the CITY's rax machine
(415) 326·1507 10 inform Ihe CITY of any lale breaking events or items that may
require immediate Al!tion.
BaCKground exp:rdse in all aspects of WAPA C\lslomer issues.
Telephone consultation regardJng appropriate strategies responses.
Other nece..l;.S..·uy services rehued 10 WAPA iss\Jes.
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Provide techni",,] support to CITY in monilorillg and partidpaling in CPUC
electric utility re>trucluring proc«dings bolh 10 idenlify possible markel
opportunilies and 10 be able (0 r"pond 10 tile cllalieng<' that Ihe CITY mey Cace
from increased oompelilion.
Work products ,ball Include meeling cepor!>. <onfidemial memoranda and <iran
lestimony, all of which will be prepared in dose coordinalion wilh CITY slaff.
Ovlional T .. ,ks
Addilional..,rvi= which may be conlracled for. and for which 'he CONlRi\(',],OR
should itselC or Ihrough a !ubronsullanl be qualified and prepal<d 10 Curnish. include any
type of consulting se"ires rel.1led"to the CllY'S .teClr;c utility. Including but nol limited
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Tr305mission Planning and Eronomic Anal)'sis
Integrated ResQurce PI?nning
Financial Planning
Feasibility and Eronomic Studies
• Forecasting
Management Consul~ill£
eoniraci Negoliations
All assignments for actual services shall be conrormed in "'Tiling and will spedfy scope.
deliverables, schedule a.nd rompensalion.
Il. OIJTIJNE OF SERVICES
1. Monitoring a.nd reporling on key WAPA Cenlrol Valley Projecl aclivilies.
a. EnvironmenlaJ impact statement proceedings.
b. CUstomer rncelings.
c. Major f.'uTchase arrangements and (osl items, such as fisheries impro .... eme.n!s.
2. Providing Ihe CITY wilh regular progress and slalus reports"
•. Monlhly briefing papers.
b. Bi·monlhly presonlalions"
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Optional Tasks
The following are ~xamples of tasks for which the Contractor should be prepared to
perform:
1. Monitoring and reporting on key United States Bureau of Redamation (lJSDR)
and Central Valley Project activitieswhich may affect the CITY ,uch 8S the Central
VaHey Project environmenlal impact statement meetings.
2. Other engLneering, power marketing. and economic analysis services as may be
mutually agreed upon.
Information Required from CONTRAcrQ!l.
Proposals shall include the fotlowing information (not !o exceed 10 page5.J inc-luding. an
atlachments and materials).
III. SC.OPE OF WORK
The CONTRACl'OR will provide the CITY with timely intelligeIl,e. The.
CONTRACTOR'S project team will work as an extension of the CITY'S stafr,
complementing the CITY'S existing team of professionals. The CONffiAt.IOR'S
periodic leiter reports, semi·monthly meetLngs with CITY sfaff. and as-needed "i~Lle
alerts" wiU provide the CITY wilh the information il needs 10 manage cr1!kal e ... ·cnL~
before they become untractable.
TheCONTRACl'OR lvill maintain a close working relationship wllh lile CITY'S
Resource Planning DivisIon in order to finc·llmc and implement the work reqlles.led by
tbe CITY, The focus of the CONTRACl'OR'S work will be determined by dow
collaboration with the CITY'S staff. The CONTRACTOR'S work product will meet the
CITY'S needs and will be consi,tent wilh agreed·upon budgets.
Base~l&vel Activities
Task 1: Monitor, Analyze, and Report on Key WAPA Activities 11"t May Affect the
CITY'S Electric Utility
The CONTRACTOR will monitor ongoing activiti« at WAPA; keep the CITY informerl
of slJch activities; and make recommendations to the CITY as approprjate action. The
CONTRACTOR will keep in contact with key staff at WAPA and monitor events such
as the development of environmental impact statements effecting the CITY'S power
allocation and rates. The CON1RACl"OR'S level of effort will be coordinated with the
CITY'S staff and colltrolled and directed by the CITY .
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Deliverablts will include monlhly leiter reports, periodic briefings wilh key siaff of Ihe
CITY, and infomlalion alerls on fasl-breaking developments. Each monlh Ihe
CONTRACTOR will provide a letter reporl documenling activilies and issues that could
affect·lhe CITY'S eleclrk rates. The CONTRACTOR'S Project Manager will meet ,vilh
key CITY staff once every two months 10 personally brief the CITY on Ihe progress on
work and receive direction from the CITY on future actLvitie~. The letler reports ant.l
briefings will include recommehdations 10 the CITY as to appropriate aClions to
influence tbe course of events. The CONTRAC'TOR will provide "issue alerts" by fax to
infonn the CITY of any late-break.ing events or items that may requite immediate aClion.
Task 2: Technical Support on Relail Wheeling
The California Public Ulilities Commi.')Sion ha."'i recently announced the inilialion of a
comple .• Stl ofproceedingsl~at may lead to "retail wheeling" by 1996 alld a major
restructuring of tbe California electricity marketplace. Under Ihis task, Ihe
CONTRACTOR will pro'/ide teclmkal support 10 the CITY in molliloring and
partidpating in these proceedings, both to identify possible market opportunities and to
be able to respond to the challenges that the ern may face from increased (ompetilion
for its retail electric customers.
Work products may inctude meeting repoIts, confidential memoranda, and draft
tes~imony -aU of which would be prepared in dose coordination wi!h CITY S1.1f( .
.Q1uion.1 Task~
Task 3: Monilor, Analyze., and Reporl Oll Key USBR, Stale of ('.alifornia, and San
Fran<:isco Bay and Sacramento and San Joaquin Detta Oversight Committee.
Activities That May Affect the CITY'S Electric Ulility
The CONTRACTOR will monilor and report on .elecled USBR, EPA Region IX,
California Department of Water Resources, and olher proceedings Ihal could affecllhe
operatlonof Ihe CVP. The CONTRACTOR'S level of effort will be coordinated wilh
the CITY'S siaff and conlrolled and direcled by the CITY.
Task 4: Technical As.,istance for Inlervenlions al Selecled Proceedings
As directed by the CITY, Ihe CONTRAC"TOR will assisl the CITY siaff (and, where
appropriate, legal Counsel) with interventions at selected proceedings. The
CONTRACTOR will provide l«hoi",1 assistance, drafl teslimony, and analysis of related
liligadon. The extent of the CONTRACTOR'S involvement will be worked Olll with Ihe
CITY on a case-by-c.,e basis.
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Task.';; Perform Rale Analysis
As directed by Ihe CITY, Inc CONTRACTOR will provide focused anal)"es of rate
maUe·rs .such as 1he Restoration Fund surcharges. Revenue Adjuslment CI"luse and
Project o.pcndablc Capacity refund" Pacific Gas and Electric Company competitive
rates, .and similar malters thai can provide direct benefil' to the CITY. The
CONTRACToR'S level of effort will coordinaled with the CITY'S sialf and conlrolled
aJld directed by the CITY,
Task 6: Conduct Workshops on Electric Transmission, Resource Planning, and Power
Markeling r .. ues
As directed by Ihe CITY, tho CONTRACrOR will provide focused workshops for key
CITY .Ioff on issues such as the federal Wesl Coast powe, marketing agencies (WAPA
and the Bonn.eviHe Power Adminislralion)j Pacific Northwest and Southwest power
marlcotLsj resource planning~ and lransmission in California, the Southwesf, and Hle
Pacific Nonnwesl, As direcled by the CITY, the CONTRACfOR will provide
work' bops specifically tailored to the ClTI"S needs, As directed by the CITY, Ihe
CON'IRACTOR will eonduct three work,hops, in August 1994, November 1994, and
February 1995, with Ihe topic of each workshop to be determined by Ih. CITY, The
CON'J'RACrOR'S level of effort will he coordinated with Ihe CITY'S siaff and
controlled .n~ dirccled by the CITY.
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EX1fIBit Jl
RESOURCE MANAGEMlilIT INTERNATIONAL, INC.
1994
Prok"ion.1 Bl1d ,upperl .ervices, .''''pt for t.,t;mony. shall be billed at
,h~ follo.ing rate·s:
Managing &.ruti.,. C()nsullBl1t
Principal &,ruti ... Consultant
E"eruuve ConsullOJ)I
Principal Coruullruil
SlJpervising C{>nsullBl11
Senior Corulll1~nl
As.sodale Proressional
Anal),,,
Resear('h As-~j.stanl
1cchnic1all
Office Selyic(.s
$l4S per hour
. $130 per hour
$125 per hour
$ 115 per hour
$103 per hour
S 93 per hour
S 81 per hour
S 71 per hour
$ 54 per hour
$ 41 per hour
$ 43 per hour
lbe (l;bm.'e rate.s shaH be adju~led ~Rch year, commencing January I, 19!}5
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10 "n.e1 Ihe change.< in ral.S officially Cllablished by the RMI Il<>ard of
Dire·C(ors.
Testimony shall be billed 81 0011<" Ihan .iEh! (8) hours ver day.
Reproduction, priDlin,g. communr('atio~ computer service-sf and olher
mlscellanwvs supper! strvices .hall be billed at rates for such servic., as
determined from timo 10 tim. Bl1d officially established by Ihe RMJ Il<>ard
of DIrectofs pillS ten (\0) percenl.
All "avel. food, lodging. and miscelianeous expenses. e.xeepl aUlOmobile
",Jlcage. associaled wilh the pl()Vjsion of services hereunder shall be billed
al cost. Alltomobile mileage shall be billed 21 $0.25. per mile.
Client shall reimburse RMI (or any applicable sale" ts< imposed 00
scrvi«s rendered by RMI to Clienl .
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"larid ~UcG'<eO' n l'Tankltn A'o'enlJe
NutJtr. XJ 0?110
Re.soor..-e Manaeemcnt (2)
International, Inc.
3100 Ztnfltndtl D._ SI'IIo 600
P.O. &.1: )5516
Socram.n", CA 9585Z,IS16
Il$K
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Palo Alto, CA 94:301
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1.£1-1, M f""ulM Tn w.a. StX:H ~nCt ~1. (l.\~ H.:o oeuu.tJOfi ()-t
l1l.elrry (1' PlY u.o ~ ~ 1.<'~lilS <:II t'I~~:f-Sn"TAnr'ti:.
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EXHIBIT 0
PART II -SUPPlEM~NTS ro PROPOSAL FORMS SEcrrON (JQ410
CERTIFICA TfON OF NONDISCRIMINA TfON
~ru11tic;_It!QI) Qf NQnd{,c;rimin~ As suppliers of goods or servfces to the City of
Palo Aha, the firm And frw1ividuals IistOO oolow certifies thar they do not discrimioato
In emplovment whh regards to racI:I, color, roligion. national origIn or 8rlcestryt or
dIsability; that thQ.~ tHO In co m,c[J"'flce with all Fodera I; S1Dt6 and loc,)] dlreotives and
exeCutiv8 oraufs rog:ardil1g norn::Hscrimlnation in emplovment; and thai thay agreQ! to
dCmQrlstJata positively -and -tiggressiveJV tM principle of equal opportunrty in
employment,
The Proposer agrass spaolflcally:
1.0 To 9stsb IJsh or 0 bs~ rYe e mplovmon r pollcioS which af firlTlativoly pwmot c
opportunttres for minority persons at aff lob levers.
2.0 To com;nunicate this policy to all persoos conc€med, including afl
ompfovees. outside recruitrng servict!s. especjally tho£:o .se(vlrlg minority
communttres. and to tho minolity communitios at 18r90-.
3.0 To taka affirmatiVe B<;rion .stops 10 hire rnlnorlty employees witl1ir'1 the
organization.
4.0 10 bo knowledge8b!o otthe focal. 5t816, and federal ta ...... ·s and teglJr~lions
concorning afffnn,alive action 'pollcios .and ,HOylde: opporlunllie.s tor
emprOV8as.
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Datenn_ )UW 20, 1993
Please Include any addttional information a\la\lable regarding equal
employment programs noW in of(~t within your company.
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fP!,._ • ..n.odi ~~:""'If ~t1I " ........ ed .. '.
FNO 01' SEc:rJON
opponunily
Clfv of l'AlO Altc..'l: Non·(!;H'rimi .... ill<ct'1 rtJ92J S[CTrON 004IQ'1
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BXDIBIT B
CONFLICT OP INTBRl!S~
CONTRACTOR shan not knowingly undertake before the
Western Area POlier Administration (WAPA) and the California Public
Utilities Commission (CPUC) representation of clients whose in~--ereat.B conflict with the interests of CITY in the proceeding,
unless CITY has given its prior written consent to the conflicting
. representation. In the event CITY refuses such consent, CONTRACTOR
shall not undertak.e the conflicting representation unloas and until
ea~h of the following hao occurred: (1) CONTRACTOR has arranged
for' alternate representation for CITY in the proceeding, and (2)
CITY has agreed to accept &uch al ternate representation. Moreover,
CONTR.1;C'l'OR has agreed not to knowingly undertake conflicting
l~presentation without prior consultation with CITY.
CONTRACTOR shall not. direct.ly represent CITY with respec::
to WAPA issues and proceedings before liAPA.
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