HomeMy WebLinkAboutAgenda Report - September 7, 2005 E-21AGENDA ITEM Eev*rmol
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AGENDA TITLE: Authorizing Professional Services Agreement with Northern California Power
Agency for Interim Electric Utility Director Services ($40,000)
MEETING DATE: September 7, 2005
PREPARED BY: Jere Kersnar, Interim Deputy City Manager
RECOMMENDED ACTION: Authorization of a professional services agreement with the
Northern California Power Agency (NCPA) for Interim Electric Utility
Director services, in an estimated amount of $40,000.
BACKGROUND INFORMATION: The last day of employment for the former Electric Utility Director
was August 29, 2005. In order to provide for a smooth leadership
transition, staff has been in contact with NCPA about providing
someone from their staff to serve as Interim Electric Utility Director, beginning September 6, 2005.
Staff seeks City Council authorization for the professional services agreement for these services, since
the total amount of the contract is anticipated to exceed the $20,000 threshold included in the new
Purchasing Ordinance. The agreement calls for a payment of $600 per day, with an anticipated term
through December, 2005. Thus, the total payment would be approximately $40,000 (assuming 66
working days x $600 = $39,600). It should be noted that this payment is "fully loaded", and no benefit
costs or other costs will be added.
FISCAL IMPACT- The $600 per day figure is within the budgeted figures for salary plus
benefit costs for the Electric Utility Director position, so the fiscal impact of
this change will be positive.
FUNDING AVAILABLE: Funds are available in salary and benefit accounts to cover these contract
costs; any necessary budget transfers will be reflected in the Mid -Year
Budget revisions.
James FIJKrueger, Finance Director
Je . Kersnar, Int rim Deputy City Manager
Attachment: Letter agreement with NCPA
APPROVED:
Blair Ki g, City Manager
RESOLUTION NO. 2005-185
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING PROFESSIONAL SERVICES
AGREEMENT WITH NORTHERN CALIFORNIA
POWER AGENCY FOR INTERIM ELECTRIC
UTILITY DIRECTOR SERVICES
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby
authorizes the Professional Services Agreement with Northern California Power Agency
for its employee, David L. Dockham, to provide interim Electric Utility Director services
to the City of Lodi, as shown on Exhibit A attached hereto.
Dated: September 7, 2005
I hereby certify that Resolution No. 2005-185 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held September 7, 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
SUSAN J. BI_ACKSTON
City Clerk
2005-185
EXHIBIT A
Date: August 30, 2005
To: Blair King
Lodi City Manager
RE: Letter of Agreement for Consulting Services between NCPA and the City of Lodi
The City of Lodi requests that the Northern California Power Agency (DCPA) allow
David L. Dockham (employee), Industry Restructuring and Interconnection Affairs
Coordinator for NCPA to provide consulting services to the City of Lodi. The Letter of
Agreement sets forth the terms and conditions of this consulting agreement between the
parties.
NCPA will make available its employee to provide consulting support to the City of Lodi
beginning on September 6, 2005 and, continuing through December 6, 2005. Such
support shall not exceed twenty two (22) days in any calendar month, unless otherwise
agreed to by the parties to this agreement. A description of the services to be provided
to the City of Lodi is set forth in Exhibit A attached to and made part of this agreement.
The City of Lodi shall reimburse NCPA at the rate of $600 per day for all consulting
services provided by employee during the term of this agreement. The City of Lodi will
provide employee with transportation and gas. NCPA shall provide a statement of days
worked to the City of Lodi on a monthly basis and all such statements shall be paid by
the City of Lodi to NCPA within thirty (30) days thereafter. Employee shall provide
documentation of reimbursable expenses directly to the City of Lodi, and shall be directly
reimbursed within two weeks of submission of his expenses.
Both parties to this agreement shall have the right to terminate this agreement at any
time by providing at least ten (10) days written notice to the other party. In the event that
a party gives notice of termination, NCPA shall provide the City of Lodi with a final
statement of days worked and expenses incurred through the date of termination and,
the City of Lodi shall pay NCPA for the days worked and all expenses incurred.
To the extent permitted by law, the City of Lodi agrees to indemnify, protect, defend and
hold harmless NCPA, its Commission, officers, employees, agents and insurers from
and against any claim, injury, liability, loss, cost and/or expense or damage, including all
costs and reaso1nable attorney's fees in providing defense to any claire, arising from the
consulting services being provided to the City of Lodi by NCPA though its employee
during the term of this agreement. This indemnity, defense and hold harmless
agreement shall not apply to the extent that the claim arises from the negligence,
intentional misconduct or breach of contract of NCPA, or its officers, employees or
agents, other than Mr. Dockham while acting in his capacity as the interim Electric Utility
Director for the City of Lodi.
This agreement shalt be governed and interpreted under the laws of the State of
California_
The parties acknowledge and accept the terms and conditions of this Agreement as
evidenced by the following signatures of their duly and authorized representatives. It is
the intent of the parties that this agreement shall become operative on the effective date
which is September 6, 2005.
Approved by:
Northern California Power Agency Telephone: (916) 781-4200
180 Cirby Way Facsimile: (916) 781-4254
Roseville, CA 95678
James H. Pope
General Manager, NCPA
City of Lodi
1331 South Ham Lane
Lodi, CA 95242-3995
Blair King
Lodi City Manager
Attest.
Susan J. Slackston
City Clerk
Approved as to Farm:
fl. Stephen Schwabau
City Attorney
Attachment: Exhibit A- Scope of Services
2
Date
Telephone: (209) 333-6702
Facsimile: (209) 333-6607
Date