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HomeMy WebLinkAboutReso. 1986 - 038 - Approving the consultation agreement between the city of redding and resource management international inc w • RESOLUTION NO. gL• 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE CONSULTATION AGREEMENT BETWEEN THE CITY OF REDDING AND RESOURCE MANAGEMENT INTERNATIONAL, INC. REGARDING CONTRACT NEGOTIATIONS WITH THE WESTERN AREA POWER ADMINISTRATION, AND AUTHORIZING THE MAYOR TO SIGNSAME. BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the attached Consultation Agreement, not to exceed the sum of $34 ,500. 00, between the City of Redding and Resource Management International, Inc. (RMI) , of which RMI ' s 'letter and proposal to the City of Redding dated February 12 , 1986 , are a part, regarding negotiations with the Western Area Power Administration; and II 2 . That the Mayor of the City of Redding Ilis hereby authorized and directed to sign all necessary documents on behalf of the City of Redding, and the City Clerk is hereby ijauthorized and directed to attest the signature of the Mayor and 'to impress the official seal of the City of Redding on the aforesaid documents, when appropriate; and 3. That a true copy of the Consultation Agreement referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at an/reguulrard meeting of the City Council of • • the City of Redding on the 20th day of February , 1986 , and was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS: Demsher, Fulton, Pugh, & Gard NOES : COUNCIL MEMBERS: None ! ABSENT: COUNCIL MEMBERS: Kirkpatrick ABSTAIN: COUNCIL MEMBERS: None )_,) op, AAIt' ALCE�! ^ Vice Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RAN ALL A. HAYS, ';City Attorney �I -2- • 111pUBCE MANAGEMENT INTERNATIONAL410.4C. 1010 Hurley Way, Suite 500 Sacramento, CA 95825 • (916) 924-1534 CONSULTATION AGREEMENT , This is an agreement for Resource Management International, Inc. (RMI) to provide consulting services to: Client City of Redding Address 760 Parkview Avenue City Redding State CA Zip Code 96001 - I CONSULTATIVE SERVICES The services to be provided are as follows: (describe service, work methods, location of work, time of performance, in appropriate detail). Work in accordance with Proposal and letter to the City of Redding dated February 12, 1986. ;I II PROFESSIONAL AND PARAPROFESSIONAL FEES The fees for services, except testimony, shall be billed as follows: Managing Executive Consultant $ 95 per hour II Principal Executive Consultant 89 per hour Executive Consultant 75 per hour Principal Consultant 68 per hour. Supervising Consultant 62 per hour Senior Professional 57 per hour Associate Professional 52 per hour Junior Professional 48 per hour Research Assistant 16 ' per hour Office Services 27 per hour The fees for testimony shall be billed as $ • per:-day`or''fractu on thereof for , and $ per day or fraction thereof for all other personnel. RMI fees shall be adjusted each year, commencing January 1, 198 , to reflect the change in fees officially established by the Board of Directors of RMI. III SUPPORT SERVICE COSTS Reproduction, printing, communications, computer services, word processing services, graphics, and other miscellaneous support services shall be billed at their cost plus ten percent expense reimbursement to RMI. IV CONSULTANTS RMI may use the consultants listed below to assist in performing work here- under. The services of such consultants will be billed at cost plus an amount for expense reimbursement to RMI to compensate for the administrative, financial, and organizational costs incurred in connectionwith the. consultants' work. The consultants will function as an ,independent contractor and will rely on RMI for all administrative and billing functions. Billing Rate Consultant's Name Task to Client N/A • • V TRAVEL AND EXPENSES All travel, food, lodging, and miscellaneous expenses reasonably associated with the provision of services hereunder shall be billed at' costo VI LIABILITY AND CANCELLATION RIGHTS The liability of RMI for services performed hereunder shall be limited to the • fees collected by RMI pursuant to this agreement or the limits of :its appli- cable insurance coverage, whichever is larger. RMI shall not be liable to third parties or others not a party to this agree'- ment unless such potential liability is expressly recognized in this agreement through client representation. Either party may terminate this agreement by rendering written notice duly posted to the other party at the address noted herein, fifteen (15) .days prior to the desired termination date. Client shall pay for all fees earned and expenses incurred prior to the termination date. VII BILLING AND PAYMENT RMI shall submit a monthly billing statement to client setting forth the amount due for services and itemizing amounts due for expenses. (Client shall pay the full amount of such statement within thirty (30) days after receipt. Client agrees that any sums billed, not disputed in written form setting forth specific exceptions and unpaid after thirty (30) days from date of receipt shall be subject to a late payment charge of one and one-half percent for each month or fraction thereof past due. i VIII ATTORNEY'S FEES Should services of an attorney be required in connection with enforcement or performance of this agreement, the prevailing party shall be entitled to its attorney's fees, expenses, and costs. IB AGREEMENT AND PARTIES The parties agree that all changes or modifications hereto shall be in writing and signed by both parties. This agreement is in lieu of all others expressed or implied. 1,1 �Ja Client President Resource Management International, Inc. masoymcw MANaM noaNT ?r Ft� INTa/.IV�T1oNAl RESOURCE • Z '�� y"""'' I •'• MANAGEMENT CE 11 V,q-' 1/ :.` INTERNATIONAL \ INC. FEB 1 1986 1010 HURLEY WAY•SUITE 500 II SACRAMENTO,CALIFORNIA 95825 CITY !!F REDOING (916)924-1534 • ELECTRIC DEPT. II .,, u^:.:. ,. _ :..zrr_irN».SS ".+',4!.'t' .s r'-;=.. .47.Ruta +r::r:,:,p 33`F•�:r,°z{ .,, u. ., .,. .,,Y,,§ 'i,. *r:. . —s _.. ..!w.z.. ... .:':N'M"!' „ .'.�r w4,fw'-a',4'3+"i^v.-';?'[sLE... , February 12, 1986 Mr . Sam Lindley Director of Electric Department City of Redding 760 Parkview Avenue Redding, CA 96001 I Dear Sam: Resource Management International, Inc. (RMI) is pleased to submit herewith our proposal for technical assistance to the City of Redding (City) in the preliminary development of interutility contracts. The enclosed proposal focuses on contractual work which will be necessary for the City to proceed with more confidence in the development of new resources. 1 RMI is ready to commence work on this project as soon as we are so directed by the City. Please call if you need additional information on our proposal. Sincerely, .r.(:) 0. isi ---..--,..—. .,...i.Ziza" Lloyd H. Harvego f, President Enclosures • • - I 1 I a`I , r • . I PROPOSAL TO THE CITY OF REDDING TO ASSIST IN THE PRELIMINARY DEVELOPMENT OF IINTERUTILITY CONTRACTS I I I February 1986 I 1 • . _ : , • 110 , . • . , ,, ,. , _ PROPOSAL l TO THE CITY OF REDDING TO ASSIST t IN THE PRELIMINARY DEVELOPMENT OF INTERUTILITY CONTRACTS - ` a I. INTRODUCTION • e Cit of Redding, California (City) � In recent years, th y has aggressively undertaken the development of its own local area I , , power resources. The efficient utilization of power resources by the City will require careful analysis and significant modifications to the City' s agreements, particularly those agreements with the Western Area Power Administration j } I (Western) . Excess capacity and energy from the new resources will need to be marketed to other entities, such as Western. Resource Management In ternational, Inc. (RMI) proposes to I assist the City in its preliminary negotiation with Western and other utilities. RMI' s activities would first include preliminary discussions with Western regarding future operational parameters. Second, RMI would work with Western to develop a Letter Agreement to incorporate and formalize Principles for the Ipreliminary understandings reached. RMI' s next task would be to develop a market assessment for the layoff of any excess capacity 1 and/or energy which may be available. Following this determination, potential arrangements will be identified. Next, new contracts or contract modifications would be prepareld to execute the Principles agreed to by Western. Finally, additional assistance would be provided for the negotiation of new contracts and/or contract modifications to enable the City to be able to more confidently assess the overall viability of potential resources. I RMI would be pleased to assist the City in other subsequent tasks (not included in this proposal) as requested at 11 a later date by the City. 1 • -1- II. PROPOSED SCOPE OF WORK RMI proposes that work on this Project be conducted in six phases, described as follows: , Phase I Preliminary Discussions with Western The addition of the new power resources will significantly affect the operation of the City as an electric utility and cause an impact on the City's purchased power } contracts. The Pacific Gas and Electric Company (PGandE) may cancel its supplementary contract (power served under Rate Schedule R-l) which could potentially affect the City' s ullility operations. However , if particular emphasis is placed upon the City' s relationships with Western and new, appropriate agreements, alternative means of operating may be feasible. It is RMI ' s present understanding that the City desires to schedule power directly from Western on an hourly basis. Second, the City desires to transform its present contract rate of delivery with Western into a fixed, scheduled allocation of power . Third, the City anticipates the opportunity to shift a portion of the City's contract rate of delivery to other preference customers. Fourth, the City anticipates purchases and sales of power to third party utilities and anticipates the need for wheeling services from Western. -2- • RMI will contact Western and discuss these general understandings and prepare a brief letter report documenting Western's position on these concepts. B. Phase II - Identification of Operational Parameters RMI will discuss with Western the specific operational requirements regarding scheduling, curtailments, pricing I considerations, additional points of delivery, and the basis for scheduling CVP power from Western. Other considerations will be discussed as they arise or if the understandings in Phase I are modified or deemed unworkable by Western. Issues to be resolved with Western include the establishment of real-time dispatch of the City's power allocation from Western, the scheduling of power wheeled by Western for the City, including determination of rates and losses, the overall determination of the City's monthly energy deliveries associated with its Western power allocation, and the establishment of multiple delivery points. RMI will prepare a more detailed letter report which documents the basic parameters to be negotiated with Western, a it synopsis of which parameters are most important to each of the parties, and a recommended negotiating posture. C. Phase III - Agreement in Principle with Western The work efforts in Phases I and II should culminate in an executed Letter Agreement in Principle. This Letter li Agreement should confirm the negotiated understanding of the City and Western regarding the inclusion of the new resources in the City's resource base and the operational changes which need to be implemented to accommodate this addition. -3- • e RMI proposes to assist City staff to negotiate appropriate Principles with Western. Negotiations are always uncertain and time and budget requirements are therefore difficult to estimate. Enclosed later herein is an estimated budget which represents RMI ' s best estimate of the resources required to complete this task, based upon reasonable, good faith negotiations. If negotiations proceed well, RMI should deliver as a work product an executable Letter Agreement as discussed. RMI will keep the City closely informed on the progress of work on this task, and may, instead, supply the City with a complete detailed status report which details sufficiently the outstanding issues remaining to reach final agreement. The City could either authorize additional budget for RMI to proceed, or it could complete the Western negotiations using other resources. D. Phase IV - Finalization of Contracts with Western Once the Letter Agreement defining Principles is executed, new contracts or contractual modifications will be required. If work is limited to minor contract revisions, this phase should proceed relatively quickly. However , if new (start from scratch) contracts are required, additional efforts may be required. The budget included herein contains a limited contingency to cover some delay in contract completion. It is hoped that RMI should be able to provide the City with one or more executable amendments/new contracts to properly implement . the Letter Agreement and Principles at the conclusion of this phase of work. E. Phase V - Identification of Potential Markets Based upon the work completed in Phase III and a schedule of capacity and energy available for sale as provided by the City, RMI will perform a market survey of utilities that may -4- 411 III 1 . • be potential markets for excess power . It is anticipated that the delivery points for excess power will be the Tracy, and possibly Elverta switchyards. During this phase, each:eintity ' considered to be a viable potential market will be contacted to ascertain an initial response to the offer . Letters of intent will be drafted and discussed as appropriate. Because each , entity may have needs unique to their system, additional analyses will be performed as necessary to determine the best Redding/contractor interaction with regard to the marketed surplus power. The City will be provided with a confidential letter report at the conclusion of Phase V, identifying the best potential contractors and the recommended types of arrangements. Throughout this phase, the City' s staff will be closely involved in the discussions with potential contractors and alternative marketing strategies. It should be noted that at the potential customer contact stage, RMI may identify a potential conflict of interest with any specific prospective customer . If RMI deems, in its sole judgment, that such a conflict may arise, RMI will notify the City of such conflict and specify the level of involvement at which RMI could participate. F. Phase VI - Negotiation of New/Modified Contracts RMI will also assist the City in the preparation of contract documents for the marketing of excess power from new resources and will support the City's negotiations with the selected entity. RMI will assist in negotiations as requested by the City, to the extent the remaining available budget so allows. -5- • 411 III. KEY PERSONNEL The following key personnel would be assigned toathis Project and utilized as appropriate. Resumes for these individuals are provided as an appendix to this proposal° Personnel responsibilities will be: • . Lloyd Harvego, President Project Overview Maury Kruth, Vice President Management of negotiations with Western Alan Hockenson, Project Director Contract and Letter Agreement - I preparation, determination of alternative markets and arrangement Other RMI planning, engineering, and economic analysis staff will be utilized as necessary. IV. PRELIMINARY SCHEDULE OF WORK The following "target". schedule would apply, but mays be revised as appropriate based upon the actual negotiations a'nd discussions: Week 0 Notice to Proceed. Week 1 Preliminary discussions with Western. Week 3 Letter Report on Phase I completed. Week 6 Complete Phase II Letter Report to the City. Week 12 Complete Phase III —Letter Agreement with Principles. Week 13 Initiate Phases IV and V. Week 18 Complete Phase V - Market Analysis. • Week 19 Initiate Phase VI - New Power Sales Agreements. -6- • 411 111 Week 24 Completion of Phase IV - Contracts with Western. Week 30 7 Completion of Project - Power Sales Agreements P V. BUDGET RMI proposes to perform this work under its standard time and expense contract, with the total cost not to exceed the limit for each phase as listed below, unless subsequent approval is provided by the City. Phases may be conducted individual4y or in groups on the basis that required information from prior phases be available for work not performed by RMI. No phase will be initiated before a Notice to Proceed is issued by the City. Budget" Phase I Preliminary Discussions with Western I $ 3,000 Phase II Identification of Operational Parameters 5,000 Phase III Letter Agreement in Principle with Western 8,000 Phase IV Finalization of Contracts with Western 6,500 Phase V Identification of Potential Markets 3,500 Phase VI Negotiation of New Power Sales Contracts 8,500 $34,500 i I It� -7-