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HomeMy WebLinkAboutReso. 1986 - 163 - Approving the consultation agreement between the city of redding resource management international inc forecasting methodolody r • , . . , • I RESOLUTION NO. Y4,/ ,/G� A RESOLUTION OF THE CITY COUNCIL OF THE CITY SOF REDDING APPROVING THE CONSULTATION AGREEMENT BETWEEN THE CITY OF REDDING AND RESOURCE MANAGEMENT INTERNATIONAL, INC. REGARDING THE CALIFORNIA ENERGY COMMISSION COMMON FORECASTING METHODOLOGY (CFM 6) PROCESS , FOR AN AMOUNT NOT TO EXCEED $17 , 500. 00 , AND AUTHORIZING THE CITY MANAGER TO SIGN SAME. BE IT RESOLVED by the City Council of the City of_ IRedding as follows : 1 . That the City Council of. the City of Redding hereby approves the attached Consultation Agreement, not to exceed the sum of $17 , 500 . 00 , between the City of Redding and Resource Management International, Inc. (RMI) , of which RMI ' s letter to the City of Redding dated July 1 , 1986 , is a part, regarding the California Energy Commission Common Forecasting Methodology process; and 2 . That the City Manager of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the City Manager 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 a regular meeting of the City Council of N • • the City of Redding on the 7th day of July , 1986 , and was duly adopted at said meeting by the following vote• AYES: COUNCIL MEMBERS: Carter, Dahl , Gard, Johannessen, & Fulton NOES: COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None /‘" /1)6(-11"-_,P7 LEE D. FULTON, M.D. , Mayor City of Redding ATTEST: ?-iya a.724c4-6, ETHEL A. NICHOLS, City Clerk FORM .'PROVED: RA DALL A. HAYS , ' ity Attorney it -2- � � .a:, uRESOD MANAGEMENT INTERNATIONAL, INC. .:rt G MANAGEMENT �RESO:JRGE INTERNATIONAL 10 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 96001 I • CONSULTING SERVICES The services to be provided are as follows: See letter dated July 1, 1986 regarding the California Energy Commission Common Forecasting Methodology process, for an amount not to exceed $17, 500. II PROFESSIONAL AND PARAPROFESSIONAL FEES The fees for services, except testimony, shall be billed as follows: Managing Executive Consultant $ 95 per hour Principal Executive Consultant 85 per hour Executive Consultant 75 per hour Principal Consultant 68 per hour Supervising Consultant 62 per hour Senior Consultant 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 $ Xx per day or fraction thereof for XX , and $ XX 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 RMI Board of Directors. III SUPPORT SERVICE CHARGES Charges for reproduction, printing, communications, computer services, word processing services, graphics, and other miscellaneous support services shall be billed at rates for such services as determined from time to time and officially established by the RMI Board of Directors 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 the Consultants' rate to RMI, plus an amount which includes RMI's compensation for the administrative, financial, and organizational costs and other expenses incurred in connection with the consultants' work. The consultands will function as independent contractors 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 associated with the provision of services hereunder, and incurred in accordance with established corporate policy, shall be billed at cost. VI • LIABILITY AND CANCELLATION RIGHTS RMI agrees to indemnify, defend and hold Client harmless from and against any and all claims, demands, damages or expenses for which RMI is determined to be legally liable resulting solely from negligent acts, errors or omissions by RMI in the performance of services required of it pursuant to this agreement. Claims, demands, damages or expenses resulting from the negligent acts, errors or _omissions of Client, its officers, agents, employees, representatives or others are excluded from RMI's obligation pursuant to this section. The obligations of RMI to indemnify, defend and hold Client harmless for services performed hereunder shall be expressly limited to the greater of the fees collected by RMI pursuant to this agreement or the proceeds of its appli- cable insurance coverage, and shall terminate upon termination of this agreement. RMI shall not be liable to third parties or others not a party to this agree- ment unless such potential liability is expressly recognized and agreed to in this agreement. 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 forms tusetting 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. VIII ATTORNEY'S FEES Should services of an attorney be required in connection with enforcement or i performance of this agreement, the prevailing party shall be entitled to its attorney's fees, expenses, and costs. Ix 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. /, , eler, Client Presic J nt Resource Management International, Inc. Dated: Dated: _ , . -mk. k RESOURCEIII• ' 17-- ir : MANAGEMENT r: , INTERNATIONAL ,%" INC. 1010 HURLEY WAY•SUITE 500 SACRAMENTO, CALIFORNIA 95825 (916)924-1534 July 1, 1986 Mr . Sam Lindley Director of Electric Department City of Redding 760 Parkview Avenue Redding, CA 96001-3396 Dear Sam: On October 1, 1985, the City of Redding (City) submitted demand and supply forms to the California Energy Commission (CEC) consistent with the adopted Common Forecasting Methodology (CFM 6) format. According to the CEC materials distributed at the January 30, 1986 workshop, the CEC has viewed the City' s CFM filings'6 submittal ds one of Lhe LhLee must COiupleLe fili igS by municipal utilities. In a June 13, 1986 hearing order, the CEC acknowledged it does not have sufficient staff to develop independent' forecasts for the additional service areas associated with the municipal utilities. Therefore, the CEC ER 6 Committee has scheduled a second phase adoption process for the small municipal1 utilities. This schedule calls for a Staff Report tobe submitted on July 8, a Committee Hearing on August 1,1 a Committee Report on August 15, and adoption of municipal demand forecasts on September 3. Resource Management International, Inc . (RMI ) pripposes to perform the following tasks, to the extent possible within the available budget, in support of the City ' s efforts to' obtain an adopted forecast and a designated service area. Task 1 _. Discussion with CEC Staff : The CEC staff has been reluctant to commit resources to the evaluating the municipal submittals. Instead the staff appears to be searching for excuses to summarily reject the municipal forecasts as deficient. The area most frequently criticized is the treatment of conservation in municipal forecasts The CEC Mr. Sam Lindley 411 July 1 , 1986 Page 2 • staff concerns are valid in that the effects of conservation are not treated in exhaustive detail since data are unavailable. However, conservation will not affect the City ' s demand growth as much as annexation by the City of new area and customers. To the extent applicable, regional growth 'rates and other statistical conservation data were taken from valid sources and are defensible. RMI will continue to discuss these issues with the CEC staff and will attempt to ensure that the CEC staff are fully aware of the City forecast ' s strengths . These discussions may lead CEC staff towards a recommendation other than simple rejection of the City 's forecast . Task 2 - Prepare for Committee Hearing: Regardless of the staff recommendations, the City must take a firm stand on pertinent issues at the August 1 CECICommittee Hearing. This will require review of the Staff Report, possible development or analysis of additional technical data,1 preparation of written testimony and an oral presentation, and possibly the presentation of oral testimony. At a minimum, the City must be in a position to respond to technical questions posed by the CEC in the hearing forum. RMI will provide the technical services required under this task and will support City personnel in these hearings, to the extent practicable . Task 3 - Committee Hearing Follow-Up: It is likely that the CEC Committee will ask for additional technical information from the City, invite the, City to participate in additional workshops with CEC staff, and request supplemental written submittals . Although it difficult to estimate the level of effort involved, it is likely that these work activities will be comparable to those for Tasks 1 and 2 . RMI will provide technical services as best practicable in support of the City ' s efforts to obtain a Committee Report containing positive recommendations for the City. Mr . Sam Lindley • 111 July 1, 1986 Page 3 Task 4 - Supply Proceedings : To date, CEC activities regarding the CFM process have. focused on demand issues. However, the demand forecast filed by the City is only half of the CFM 6 filing. The other aspect of the submittal is the City' s plan to develop an adequate supply of economic power to meet the forecasted demand . These supply issues are also addressed by the CEC in developing the Electricity Report . It is presumed that supply issuer will be the subject of workshops and hearings in late July and August . RMI proposes to provide technical support and written and oral testimony in support of supply issue proceedings Budget : It is anticipated that the CEC ER 6 proceedings will extend into and possibly beyond September 1986. For its support of the City ' s positions, RMI proposes to conduct the aforementioned work on RMI ' s standard time and expense reimbursement basis in an amount not to exceed $17, 500 . Protracted hearings or unforeseen disputes could require the City to consider authorizing additional work which is not contemplated under this proposal . • Sinnccerel , Lloyd H. Harvego President