HomeMy WebLinkAboutAgenda Report - May 4, 2005 E-13AGENDA ITEM "`p 1
AmLmm CITY OF LODI
IV COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt resolution approving consulting services agreement with
Borismetrics, Inc. to provide professional services ($40,000) to the
Electric Utility Department (EUD)
MEETING DATE: May 4, 2005
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: That the City Council adopt a resolution authorizing the City
Manager to approve the Consulting Services Agreement with
Borismetric s, Inc. to provide Professional Services to the Electric
Utility Department in the amount of $40,000.
BACKGROUND INFORMATION: The Electric Utility Department faces a number of issues related to
the fast paced and volatile energy industry, which require
professional assistance in order to efficiently manage and position
the utility.
The Electric Utility Department proposes to hire Boris Prokop through a consulting agreement with his
company, BORISMETRICS, Inc. to perform the management and higher analysis duties of the former
Business Planning Manager and the former Rates and Resources Manager. BORISMETRICS, Inc. is
uniquely qualified to provide the needed expertise by virtue of its direct experience and familiarity with the
issues facing the City of Lodi.
The services that Mr. Prokop has provided in previous contracts have proven to be beneficial to the
Electric Utility Department. This is a new contract not an extension since previous contract expired in
December 2004. As part of his activities, he has implemented new large customer contracts, load
analysis tools, and work on changes to NCPA pooling agreements. In order to preserve the continuity of
his knowledge in the areas of rates and power supply for the City of Lodi and given the rapid change in
the electric uWity industry, there is a need to maintain the services by authorizing this contract with a
budget of $40,000. This funding would carry his work through the end of June 2006. At the discretion of
the Utility Director, this full arnount may not be t4iiisad.
FISCAL NADH =- Hiring 60Rt TIS, Inc. and run filling the ManaW of Rales ant Resources poWkw
at this t#me will provide a cost savings of approximately $100,000 annually.
FUNDING: 160003.7323
J es R. Krueger, Finance Director 64
Alan N. Vallow
Electric Utility Director
Prepared By: Mel Grandi, Manager, Electric Services
APPROVED:
Blair' , City Manager
CONSULTING SERVICES AGREEMENT
BORISMETRICS
Billing Address
P.O. Box 15040
Sacramento, CA 95851
(425) 922-2853
Work Order #
This Consulting Services Agreement is made between BORISMETRICS, (hereinafter
"BORISMETRICS") and City of Lodi, Electric Utility, whose place of business is located at 1331 S. Ham
Lane, Lodi, CA 95242 (hereinafter "CLIENT") for a Project generally described as Rates, Cost of Service
and Power Supply Assistance.
I. SCOPE AND QUALITY OF CONSULTING SERVICES
BORISMETRICS will provide assistance to the Client in the area of rates, cost of service and power supply.
This work may include but not limited to the following:
■ Average embedded cost of service
■ Rate design and evaluation
■ Financial and Revenue Requirement Analysis
■ Power cost adjustment rate
■ NCPA resource, pool and bill analysis
■ Resource evaluation
■ Load/Revenue Forecasting
■ RTO, CAISO, TANC and transmission issue review
This work will be at the direction of the Electric Utility with specific tasks assigned by Utility Staff that define
consultant hours and required assistance in written form. BORISMETRICS shall render its services in
accordance with generally accepted professional practices. BORISMETRICS shall, to the best of its
knowledge and belief, comply with applicable laws, ordinances, codes, rules, regulations, permits and other
published requirements in effect on the date this Agreement is signed.
II. COMPENSATION AND REIMBURSEMENT OF COSTS
Services provided and costs incurred (with the exception of travel, food and lodging expenses) by
BORISMETRICS under this Agreement will be compensated according to the following:
Principal $100/hour
Senior Analyst $95/hour
Research Analyst $80/hour
Secretarial $55/hour
BORISMETRICS will submit monthly invoices to CLIENT for work completed and reasonable expenses
incurred, to the date of the invoice. All invoices will be itemized to reflect the employees performing the
requested tasks, the billing rate for each employee and the hours worked. The total compensated amount
for the contract is $40,000.00.
All invoices sent by BORISMETRICS to CLIENT shall be paid within thirty (30) days of receipt. All billings
that remain unpaid after thirty (30) days shall bear interest until paid at the rate of twelve percent (12%) per
annum. If CLIENT fails to pay any invoice within thirty (30) days and such failure continues ten (10) days
after BORISMETRICS gives CLIENT notice of such failure, BORISMETRICS shall have the right to
terminate this Agreement immediately without liability to CLIENT. The right to terminate under the terms of
this section shall be in addition to all other legal, equitable, or contractual remedies available to
BORISMETRICS.
III. TERMS & CONDITIONS OF CONSULTING SERVICES AGREEMENT
1. Timing of Work. BORISMETRICS shall commence work as specified by the Electric Utility Director.
2. Access to Facilities and Property. The CLIENT will make its facilities accessible to BORISMETRICS
as required for BORISMETRICS's performance of its services and will provide labor and safety equipment
as required by BORISMETRICS for such access. CLIENT will be responsible for all acts of CLIENT's
agents or personnel.
3. Relationship of Parties, No Third -Party Beneficiaries. BORISMETRICS is an independent
contractor under this Agreement. This Agreement gives no rights or benefits to anyone not named as a
party to this Agreement, and there are no third party beneficiaries to this Agreement.
4. Subcontracts. BORISMETRICS may use the services of independent contractors to perform a portion
of its obligations under this Agreement with prior approval by CLIENT. Subcontractors will be billed to
CLIENT at their cost to BORISMETRICS.
5. Mutual Indemnification. BORISMETRICS agrees to indemnify and hold harmless CLIENT and its
elected and appointed council, boards commissions, officers and employees from and against any and all
loss, cost, damage, or expense of any kind and nature (including, without limitation, court costs, expenses,
and reasonable attorneys' fees) arising out of injury to persons or damage to property (including, without
limitation, property of CLIENT, BORISMETRICS, and their respective employees, agents, licensees, and
representatives) in any manner caused by the negligent acts or omissions of BORISMETRICS or others with
whom BORISMETRICS contracts (" Agents") in the performance of its work pursuant to or in connection with
this Agreement to the extent of BORISMETRICS's or "Agents" proportionate negligence, if any.
CLIENT agrees to indemnify and hold harmless BORISMETRICS and its employees from and against any
and all loss, cost, damage, or expense of any kind and nature (including without limitation, court costs,
expenses and reasonable attorneys' fees) arising out of injury to person(s) or damage to property (including,
without limitation, property of CLIENT, BORISMETRICS, and their respective employees, agents, licensees
and representatives) in any manner caused by the negligent acts or omissions of CLIENT or other(s) with
whom CLIENT contracts ("CLIENT's agents") to perform work pursuant to or in connection with this
Agreement, to the extent of CLIENT's or CLIENT's agents proportionate negligence, if any.
6. Limitation of Liability. The parties liability hereunder shall be limited as follows: (a) for insured
liabilities arising out of either parties negligence, to the amount of insurance then available to fund any
settlement, award, or verdict; (b) for uninsured liabilities, to 50 percent (50%) of the fee earned by
BORISMETRICS under this Agreement for the task in question. In no event shall either parties liabilities
exceed the aforementioned limits of liability.
Each party's liability for damages provided under this Agreement shall be limited to liability for direct
damages and shall in no event include liability for the other party's or their respective agents or employees
remote, punitive, consequential or indirect damages for lost profits, loss of use, lost opportunity, financing,
interest expense, business interruption or productivity or production loss, regardless of the breach of
contract, breach of warranty, tort (including negligence), strict liability, or otherwise.
7. Delays. BORISMETRICS will not be liable to CLIENT for delays in performance under this Agreement
or for the direct or indirect cost resulting from delays that may result from labor strikes, riots, war, acts of
governmental authorities, extraordinary weather conditions, natural catastrophes or other events or
occurrences beyond control of BORISMETRICS. In the event CLIENT suspends or interrupts the services of
BORISMETRICS for the convenience of CLIENT, an equitable adjustment in the project's schedule and in
compensation to BORISMETRICS will be made.
8. Data, Documents and Records. BORISMETRICS shall be entitled to rely upon the accuracy and
completeness of all data furnished by CLIENT to BORISMETRICS that is used by BORISMETRICS in the
providing of services under this Agreement. BORISMETRICS has the right to retain and use all data
furnished to it and all plans, designs, specifications and other work product created by BORISMETRICS in
providing services hereunder.
9. Ownership and Use of Documents and Electronic Media Deliverables. All completed reports and
other data or documents provided or prepared by BORISMETRICS in accordance with this Agreement are
the property of CLIENT, and may be used by CLIENT. Ownership shall transfer to CLIENT only if
BORISMETRICS has been paid in full for services under the terms of this Agreement. CLIENT shall
release, defend, indemnify and hold harmless BORISMETRICS from all claims, costs, expenses, damage,
or liability arising out of or resulting from the use or modification of any reports, data, documents, drawings,
specifications, or other work product prepared by BORISMETRICS except use by CLIENT on those portions
of the project for which such items were prepared.
10. Resolution of Disputes, Attorneys' Fees. The law of the State of California shall govern the
interpretation of and the resolution of disputes under this Agreement. If any claim, at law or otherwise, is
made by either party to this Agreement, the prevailing party shall be entitled to its costs and reasonable
attorneys' fees.
11. Termination of Agreement. Either BORISMETRICS or CLIENT may terminate this Agreement upon
thirty (30) days written notice to the other sent to the addresses listed herein. In the event CLIENT
terminates this agreement, CLIENT specifically agrees to pay BORISMETRICS for all services rendered
through the termination date.
12. Integration, Modification and Severability. This Agreement, including all Addenda, shall be binding
upon and inure to the benefit of the parties and their respective successors and assigns. This is the entire
agreement between the parties, there are no other agreements or representations not set forth herein, and
this Agreement incorporates and supersedes all prior negotiations, agreements, and representations. This
Agreement may not be modified except in writing signed by an authorized representative of each party.
If any provision of this Agreement is deemed by law to be void, invalid or inoperative for any reason, or any
phrase or clause within such provision is deemed by law to be void, invalid or inoperative, that phrase,
clause or provision shall be deemed modified to the extent necessary to make it valid and operative, or, if it
cannot be so modified, then such phrase, clause or provision shall be deemed severed from this Agreement
with the remaining phrases, clauses and provisions continuing in full force and effect as if the Agreement
had been signed with the void, invalid or inoperative portions so modified or eliminated. In addition, a
phrase, clause or provision shall be substituted which is consistent with the intent of this Agreement and the
severed phrase, clause or provision.
13. Notices. All notices, requests, demands, and other communications hereunder shall be deemed given
only if in writing signed by an authorized representative of the sender and delivered by facsimile (with a hard
copy mailed), or, when sent by a courier or express service guaranteeing overnight delivery to the receiving
party.
Notices to BORISMETRICS shall be delivered to:
BORISMETRICS, INC.
P.O. Box 15040
Sacramento, CA 95851
ATTN: Boris Prokop
Facsimile: 650-429-2063
Notices to CLIENT shall be delivered to:
CITY OF LODI
P.O. Box 3006
Lodi, California 95241-1910
ATTN: Alan N. Vallow
Facsimile: 209-339-0851
14. Headings, Assignment and Waiver. The headings in this Agreement are inserted for convenience
only and shall not constitute a part hereof. Neither party to this Agreement shall assign its duties and
obligations hereunder without the prior written consent of the other party. A waiver by any party of any
provision or a breach of this Agreement must be provided in writing and shall not be construed as a
waiver of any other provision or any succeeding breach of the same or any other provisions herein.
15. Execution of Agreement. The parties agree that the language in this Agreement pertaining to
Indemnification, Limitations of Liability and Insurance are clear and unambiguous and were mutually
negotiated by the parties.
BORISMETRICS, INC.
CITY OF LODI
By: Boris Prokop By
Title: PRINCIPAL
Date:
Title: CITY MANAGER
Date:
APPROVED AS TO FORM:
IIn
D. Stephen Schwabauer, City Attorney
ATTEST:
By:
Susan Blackston, City Clerk
CONSULTING SERVICES AGREEMENT
BORISMETRICS
Billing Address
P.O. Box 15040
Sacramento, CA 95851
(425) 922-2853
Work Order #.
C r'3
This Consulting Services Agreement is made between BORISMETRICS (hereinafter _
"BORISMETRICS") and City of Lodi, a._California murncipal corporat€an,,�nrhose place of business is located at ._ .. DeleRaa: Electricutisfty
1331 S. lam Lane, Lodi, CA 95242 (hereinafter CLIEiVT") for a Project generally described as Rates, Cost
of Service and Power Supply Assistance.to.0 nt's,Electric_Utility [leparlment.
I. SCOPE AND QUALITY OF CONSULTING SERVICES
BORISMETRICS will provide assistance to the Client in the area of rates, cost of service and power supply.as
may from to Ilrrle.be dlrectedby.Client. This work may include but isnot limited to the following:
• Average embedded cost of service
• Rate design and evaluation
■ Financial and Revenue Requirement Analysis
• Power cost a*stment rate
■ NCPA resource, pool and b91 analysis
■ Resource evaluation
• Losd/Revenue Forecasting
■ RTO, CAiSO, IANC and transmission issue review
Work will be performed at the request.of the Client, with specific tasks assigned in wnting-by Electric Utility
oebta rhis w
Staff defining assistance required BORISMETRICS wpiQ providehiknt w+lith an estimate oft rust to
` perform the r... a gd..worlk and the estimated. time, for com letion. 13ORISMETRICS shall render its serv►ces
�; direction ___ a
in accordance with generally accepted professional practices. SORISMETRICS shall, to the best of its
Deme@* electric utility
knowledge and belief, comply with applicable laws, ordinances, codes, rules, regulations, permits and other
tieteear that define Con6liihant
published requirements in affect on the date this Agreement is signed, as_mau._be_applicable ta_the so_of
Hours and !
t e.._servicoS.to be.perfpi-med.
Deleted, required assistance in
II. COMPENSATION AND REIMBURSEMENT OF COSTS
written Form
Services provided and costs incurred (with the exception of travel, food and lodging expenses) by
BORISMETRICS under this Agreement will be compensated according to the following _tic, h,e„ Jule:
Principal $100/hour
Senior Analyst $95Jhour
Research Analyst $80/hour
Secretarial $55/hour
BORISMETRICS will submit monthly invoices to CLIENT for work completed and reasonable expenses
incurred, to the date of the invoice. All invoices will be Itemized to reflect the employees performing the
requested tasks the billing rate for each employee and the hours worked. The total to..be paid tL dgtr tljis
Agreement is npt t0 exceed , ..
Deleted; Compensated amount io;
the contract -___
All invoices sent by BORISMETRICS to CLIENT shall be paid within thirty (30) days of receipt. All billings that
remain unpaid after thirty (30) days shall bear interest until paid at the rate of twelve percent (12%) per
annum. It CLIENT tails to pay any invoice within thirty (30) days and such failure continues ten (10) days
after BORISMETRICS gives CLIENT notice of such failure, BORISMETRICS shall have the right to terminate
this Agreement immediately without liability to CLIENT. The right to terminate under the terms of this section
shall be in addition to all other legal, equitable, or contractual remedies available to BORISMETRICS.
III. TERMS & CONDITIONS OF CONSULTING SERVICES AGREEMENT
1. Timing of Work. BORISMETRICS shall commence work as specified by the Electric Utility Director on
behalf of Client.
2. Access to FacillitMs and Property. The CLIENT will make its facilities accessible to BORISMETRICS
as required for BORISMEfRICS's performance of its services and will provide labor and safety equipment as
required by BORISMETRICS for such access. CLIENT will be responsible for all acts of CLIENTS agents or
personnel,
3. Relationship of Parties, No Third -Party Beneficiaries. BORISMETRICS is an independent contractor
under this Agreement. This Agreement gives no rights or benefits to anyone not named as a party to this
Agreement, and there are no third party beneficiaries to this Agreement.
4. Subcontralts. BORISMETRICS may use the services of independent contractors to perform a portion
of its obligations under this Agreement with prior. written approvalof CLIENT. Subcontractors will be billed to �; b
CLIENT at their cost to BORISMETRICS. " y y -
5. Mutual lndemni W*Ion. BORISMETRICS agrees to indemnify and holo harmless CLIENT land its _ ...- Formatted: No underline _
elected and appointed council, boards commissions, officers and employees from and against any and all
loss, cost, damage, or expense of any kind and nature (Including, without tirnhation, court costs, expenses,
and reasonable attorneys' fees) arising out of injury to persons or damage to property (including, without
limitation, property of CLIENT, BORISMETRICS, and their respective employees, agents, licensees, and
representatives) in any manner caused by the negligent acts or omissions of BORISMETRICS pr others with �;niiatbed. No underilne
whom BORISMETRICS contracts (" Agents") in the performance of its work pursuant to or in connection with
this Agreement to the extent of BORISMETRICS'spr "Agents"„proportionate negligence, If any. Formatted: Nn underline
CLIENT agrees to indemnify and hod harmless BORISMETRICS and its employees from and against any
and all loss, cost, damage, or expense of any kind and nature (including without limitation, court costs,
expenses and reasonable attorneys' fees) arising out of injury to person(s) or damage to property (including,
without limitation, property of CLIENT, BORISMETRICS, and their respective employees, agents, licensees
and representatives) in any manner caused by the negligent acts or omissions of CLIENT or other(s) with
whom CLIENT contracts ("CLIENTs agents") to perform work pursuant to or in connection with this
Agreement, to the extent of CLIENT's or CLIENT's agents proportionate negligence, lt any.
6. Limitation of Lbabillty. The paMe4agree to_fimit each abili
athers'.liW as follows: (a) for Insurable event
arising out of,fhe,pegligenoe of either.party, to the amount of insurance then available to fund any _settlement,
award, or verdict; (b) for uninsured event, the „,amount shall not exceed,. the total, compensation,. Parried by.,,
BORISMETRICS under this Agreement In n0 event shall the liability of ,either warty exceed the
aforementioned limits ..... "
Each party's liability for damages provided under thisAreement shall be limited to liability for direct damages
and shall in no event include liability for the other parys or their respective agents or employees remote,
punitive, consequential or indirect damages for lost profits, loss of use, lost opportunity, financing, interest
expense, business interruption or productivity or production loss, regardless of the breach of contract, breach
of warranty, tort (including negligence), strict liability, or otherwise.
7. Delays. BORISMETRICS will not be liable to CLIENT for delays in performance under this Agreement
for the direct or indirect cost resulting from delays that!pay ..result _from labor strikes,_ (lots, _war, acts of
governmental authorities, extraordinary weather conditions, natural catastrophes or other events or
Formatted: No underline
Delete& liability hereunder shall be
limited
Deleted: ed liabilities
Deleted: either parties
Formatted: No underline
Delated: -- _ J
Deleted: habilities,
f]eleted: to 50 percent tW%) of the k
f99 !
Delated: for the task in question I
w. �
formatted: No underline
Deleted: parties liabilities exceed
Deleted: of liability
Deleted: is 7
Delated: or
occurrences beyond control of BORISMETRICS. In the event CLIENT suspends or interrupts the services
BORISMETRICS for the convenience of CLIENT, an equitable adjustment in the projects schedule and
compensation to BORISMETRICS will be made.
8. Data, Documents and Records. BORISMETRICS shall be entitled to rely upon the accuracy and
completeness of all data furnished by CLIENT to SORISMETRICS that is used by BORISMETRICS in the
providing of services under this Agreement. BORISMETRICS has the right to retain and use all data
furnished to it and all plans, designs, specifications and other work product created by BORISMETRICS in
providing services hereunder.
9. Ownership and Use of Documents and Electronic Media Deliverables. All completed reports and
other dant or documents provided or prepared by BORISMETRICS in accordance with this Agreement are
the property of CLIENT, and may be used by CLIENT. Ownership shall transfer to CLIENT only if
BORISMETRICS has been paid in full for services under the terms of this Agreement. CLIENT shall release,
defend, indemnify and hold harmless BORISMETRICS from all claims, costs, expenses, damage, or liability
arising out of or resulting from the use or mods kation of any reports, data, documents, drawings,
specifications, or other work product prepared by BORISMETRICS except use by CLIENT on those portions
of the project for which such items were prepared.
10. insurance, paring the..perforrmarice of services _under this _Agree ment, BORI�MECRfCS shall maintain- Formattad:BuiletsandNumbering
Bullet -
the fallowing insurance:
fai__General__Liabiility,-insuranc_ with ,bodily _injuryanc#_propertydamage of not, lessthan_$t-000OQO_for eachw( Formatted: Bullets and N Bering
occurrence and not less than $2,0QQ,000 in_t p aggregate,
(u} Automobile Liability insurance with bodily injury and prope{iy_damaga llrnitsof. rat less._than...$1,000 000
for each accident.
10.1
wrth_the coinsurance aifgrded_by.this endorsement."
no.. t_be .
'�: Font�ld _
Forma -'a h Bullets and Numbering
Formatted: Font: fold _
' Fonnatt�ad: Bullets and Numbering j
1,1_,, Resolution of Disputes, Attorneys' Fees. The law of the State of California shall govern the• _;,... �rrn; underline
interpretation of and the resolution of disputes under this Agreement. Venue for ariy action shall be with tl eW
San .Joaquin. County.._ p.eri0.y_CouM If any claim, at law or otherwise, is made by either party to this FOn"_attad° Bullets and Numbering a
Agreement, the prevailing party shall be entitled to its costs and reasonable attomeys' fees.
12.,. Termination of Agrsement Either BORISMETRICS or CLIENT may terminate this Agreement upor� - Formatbad:8utleis and Numbering
thirty (30) days written notice to the other sent to the addresses listed herein, In the event CLIENT terminates
this Agreement, CLIENT specifically agrees to pay.BORISMETRICS. for all services...rendered through. the Delated: a
termination date. _ _
j
13. Integration, Modification and SeverabilHy. This.. ,shall be binding upon and inure to the< - Formatted: Bullets and Numbering
benefit of the parties and their respective successors and assigns. This is the entire agreement between the
parties, there are no other agreements or representations not set forth herein, and this Agreement °_ °Agreement,
incorporates and supersedes all prior negotiations, agreements, and representations. This Agreement may Dekd*d: including all Adderxla,
not be modified except in writing signed by an authorized representative of each party. --.-------._._._._._...._ ___.....___._
It any provision of this Agreement is deemed by law to be void, invalid or inoperative for any reason, or any
phrase or clause within such provision is deemed by law to be void, invalid or inoperative, that phrase, clause
or provision shall be deemed modified to the extent necessary to make it valid and operative, or, I it cannot
be so modified, then such phrase, clause or provision shall be deemed severed from this Agreement with the
remaining phrases, clauses and provisions continuing in full force and effect as if the Agreement had been
signed with the void, invalid or inoperative portions so modified or eliminated. In addition, a phrase, clause or
provision shall be substituted which is consistent with the intent of this Agreement and the severed phrase,
clause or provision.
4 i4: Routes. All notices, requests, demands, and other communications hereunder shall be deemed given - CFgmnled: Bullets and Nurnpering
only if in writing signed by an authorized representative of the sender and delivered by facsimile (with a hard
Copy mailed), or, when sent by a courier or express service
guaranteeing overnight delivery to the receiving
party.
Notices to SORISMETRICS shall be delivered to:
Notices to CLIENT shall be delivered to:
j BORISMETRICS, INC.
CITY OF LODI
Electric Utility Department
P.O. Box 15040
P.O. Box 3006
Sacramento, CA 95851
Lodi, CA. 9524.1-1910 petered: alifomia
ATTN: Boris Prokop
ATTN: Alan N. Vallow, Director
Facsimile: 650-429-2063
Facsimile: 209-339-0851
14. Headings, Assignment and Waiver. The headings in this Agreement are inserted for convenience
only and shall not constitute a part hereof. Neither party to this Agreement shall assign its duties and
obligations hereunder without the prior written consent of the other parry. A waiver by any parry of any
provision or a breach of this Agreement must be provided in writing and shall not be construed as a waiver
of any other provision or any succeeding breach of the same or any other provisions herein.
15. Execution of Agreement. The parties agree that the language in this Agreement pertaining to
Indemnification, Limitations of Liability and Insurance are clear and unambiguous and were mutually
negotiated by the parties.
BORISMETRICS, INC.
CITY OF LODI,_a_California municipal corporation
By: Boris ProkopBy: Blair _King
Title: Principal - Title: CITY MANAGER
Date: Date:
APPROVED AS TO FORM:
S) 5tet€htn Sc.}€�n°r�bauEr _
City Attoinky:Cityofl)di _ .. Formetbed,Font:
NewCenturyScWbk, 10 pt
By:
&m.ic.e-_D bi,tg4.jach
Blair King, City Manager
ATTEST:
By:
Susan Blackstaa, City Clerk
Dated:
RESOLUTION NO. 2005-89
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE
CONSULTING SERVICES AGREEMENT WITH BORISMETRICS
TO PROVIDE PROFESSIONAL SERVICES IN THE AREAS
OF POWER SUPPLY AND RATES TO THE ELECTRIC
UTILITY DEPARTMENT
WHEREAS, the Electric Utility Department faces a number of issues related to the fast -paced and
volatile energy industry, which require professional assistance in order to efficiently manage and position
the utility; and
WHEREAS, Electric Utility staff recommends hiring Boris Prokop through a consulting agreement
with his company, Borismetrics, to perform the management and higher analysis duties of the former
Business Planning Manager and the former Rates and Resources Manager; and
WHEREAS, Borismetrics is uniquely qualified to provide the needed expertise by virtue of its
direct experience and familiarity with the issues facing the City of Lodi; and
WHEREAS, the services that Borismetrics has provided under previous contracts have proved to
be very beneficial to the Electric Utility Department, with the implementation of new large customer
contracts, load analysis tools, and work on changes to NCPA pooling agreements; and
WHEREAS, in order to preserve the continuity of his knowledge in the areas of rates and power
supply for the City of Lodi and given the rapid change in the electric utility industry, there is a need to
maintain the services by authorizing this contract with a budget not to exceed $40,000, which may or may
not be utilized at the discretion of the Electric Utility Director, for work through the and of June 2006.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City
Manager to execute a Consulting Services Agreement with Borismetrics to provide professional services
in the areas of management and higher analysis duties of the former Business Planning Manager and the
former Rates and Resources Manager for the Electric Utility Department at a cost not to exceed $40,000,
to be utilized at the discretion of the Electric Utility Director; and
BE IT FURTHER RESOLVED that the Professional Services Agreement and funding will be for
work provided through the end of June 2006.
Dated: May 4, 2005
—__—__--_______________________________________—__-_____—_____----_--
I hereby certify that Resolution No. 2005-89 was passed and adopted by the Lodi City Council in a
regular meeting held May 4, 2005, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Beckman
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
J
SUSAN J. BLACKSTON
City Clerk
2005-89