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HomeMy WebLinkAboutAgenda Report - May 15, 2013 C-07AGENDA ITEM c-"' CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Extend the Term of the Contract with Matthew Foskett Consulting, LLC for Electric Utility Rates and Resources Services MEETING DATE: May 15, 2013 PREPARED BY: Electric Utility Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to extend the term of the contract with Matthew Foskett Consulting, LLC for Electric Utility rates and resources services. BACKGROUND INFORMATION: On June 6, 2012 the City Council adopted a resolution authorizing the City Manager to enter into a Professional Services Agreement with Matthew Foskett Consulting, LLC for consulting services regarding electric utility rates and resources in an amount not to exceed $120,000. The term of contract is due to expire however the scope of work, as outlined in the contract, is still needed. Staff is now requesting a modification to the term of the contract until the completion of the scope of work. No additional funding is required. All other terms and conditions of the agreement will remain the same. FISCAL IMPACT: No additional funding is required. FUNDING: Include 4 in FY2012/13 Account Number 160603. Jordan Ayers Deputy City Manager/Internal Services Director 4Za4A-ey Electric Utility Director EAK/Ist Konradt Bartlam, City Manager AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES MATTHEW FOSKETT CONSULTING, LLC THIS AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES with Matthew Foskett Consulting, LLC, is made and effective this day of May, 2013, by and between the CITY OF LODI, a municipal corporation, hereinafter called "CITY', and Matthew Foskett Consulting, LLC, hereinafter called "Consultant." ITNESSETH: AGREEMENT: Consultant and CITY, entered into an Agreement for Consulting Services on June 6, 2012, for electric utility rates and resources consulting services for the period July 1, 2012 through June 30, 2013 (the Agreement for Consulting Services is attached hereto as Exhibit A and made a part hereof). Consultant and City now desire to extend the term of the Agreement for Consulting Services, but not the amount of total compensation to be paid under the Agreement. 2. TERMS AND CONDITIONS: The term of the Agreement for Consulting Services, as hereby amended, shall be for the period required to complete the scope of services as set forth in the Agreement for Consulting Services, but in no event will the term extend beyond December 31, 2013. All other terms and conditions, including compensation paid to Consultant, will remain as set forth in the Agreement for Consulting Services. CITY OF LODI, a municipal corporation CONSULTANT KONRADT BARTLAM City Manager Attest: RANDI JOHL City Clerk Approved as to Form: JA I . MA Deputy City Attorney -� Matthew Foskett Consulting, LLC Title: C:\Users\pnicolini\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U7URE6SG\05-15-13 LK Fosket Consulting Extension - Agreement.doc AGREEMENT FOR CONSULTING SERVICES This Agreement is made and entered into as of June 6, 2012, by and between the City of Lodi, a municipal corporation (hereinafter "City") and Matt Foskett Consulting LLC (hereinafter "Consultant"), (collectively "Parties") both of whom agree as follows: RECITALS: It is the desire of the City to retain the services of Consultant for a period of one (1) year, commencing on July 1, 2012 through June 30, 2013, to provide rates and resources services, as more fully described below, to the Director of the City's Electric Utility Department. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES: City hereby agrees to contract with Consultant to perform tasks for the City of Lodi at the direction of the Electric Utility Department Director associated with the planning, evaluation, acquisition and operation of bulk power supplies and delivery resources as well as the development of electric rate schedules. The scope of services to be performed by Consultant is more fully set forth in Exhibit A, attached hereto and incorporated by this reference. 2. TIME FOR COMMENCEMENT AND COMPLETION OF WORK: Consultant shall commence work pursuant to this Agreement, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the scope of services (Exhibit A). Consultant shall submit to City such reports, diagrams, drawings and other work products as may be designated in the scope of services (Exhibit A). Consultant shall not be responsible for delays caused by the failure of City staff to provide required data or review documents within the appropriate time frames. 3. COMPENSATION: Consultant's compensation for all work under this Agreement shall conform to the provisions of the Fee Schedule, attached hereto as Exhibit B and incorporated by this reference. Consultant shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by City. 3.1. METHOD OF PAYMENT: Consultant shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. Consultant's compensation for all work under this Agreement shall not exceed the amount of the Fee Schedule (Exhibit B). 3.2. COSTS: The Fee Schedule (Exhibit 6) shall include all reimbursable costs required for the performance of the scope of services (Exhibit A). Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by City. 3.3. AUDITING: City reserves the right to periodically audit all charges made by Consultant to City for services under this Agreement. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance needed to conduct such an audit. Consultant agrees that City or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. Consultant agrees to provide City or its delegate with any relevant information requested and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. Consultant further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 4. BENEFITS: As an independent contractor, Consultant shall not be entitled to any benefits from City, including but not limited to PERS retirement, sick leave, vacation, administrative leave, health insurance, deferred compensation, or life insurance. 6. CONSULTANT IS NOT AN EMPLOYEE OF CITY: Consultant agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of City and not an employee of City. City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. City, however, retains the right to require that work performed by Consultant meet specific standards without regard to the manner and means of accomplishment thereof. 6. INSURANCE REQUIREMENTS FOR CONSULTANT: Consultant shall take out and maintain during the term of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. OA 7. TERMINATION: (a) Termination by Consultant - In the event Consultant terminates this Agreement, he shall give City at least twenty-one (21) days advance written notice and shall be entitled to all earned compensation. (b) Termination by City — The City Manager may terminate this Agreement at any time, with or without cause. Twenty-four (24) hours Notice of Termination shall be provided to Consultant in writing. Upon termination, Consultant shall immediately suspend all work on behalf of City and deliver any documents or work in progress to City. However, City shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by Consultant with third parties in reliance upon this Agreement. 8. CONFIDENTIALITY: Consultant agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by City. City agrees to maintain confidentiality of any documents owned by Consultant and clearly marked by Consultant as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by Consultant. Consultant acknowledges that City is subject to the California Public Records Act. 9. CITY BUSINESS LICENSE REQUIREMENT: Consultant acknowledges that Lodi Municipal Code Section 3.01.020 requires Consultant to have a city business license and Consultant agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. 10. NOTICES: All notices required by this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, as follows: To City: Konradt Bartlam, City Manager City of Lodi 221 West Pine Street Lodi, CA 95240 To Consultant: Matt Foskett Consulting LLC Attn: Matt Foskett 2464 Portola Way Sacramento, CA 95818 11. MODIFICATIONS: No modification of this Agreement shall be valid unless said modification is in writing and signed by both parties. 3 12. APPLICABLE LAW, JURISDICTION, SEVERABILITY, AND ATTORNEY'S FEES: This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin. County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 13. CAPTIONS: The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. 14. INTEGRATION AND MODIFICATION: This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. 15. CONFLICT OF INTEREST: Consultant shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to his City consultancy. Consultant is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements (FPPC Form 700) at the time of appointment, annually thereafter, and at the time of termination of this Contract. 16. CITY ADMINISTRATIVE POLICIES AND PROCEDURES: Because Consultant will at times be interacting with City employees and third parties in the course of providing services under this Agreement, Consultant agrees to review and comply with City's Drug-free Workplace Policy, Discrimination Policy and City's Discrimination Complaint Procedures, as set forth in the City of Lodi Administrative Policy and Procedure Manual. 17. INDEMNIFICATION AND RESPONSIBILITY FOR DAMAGE: Consultant to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of Consultant, any subcontractor employed directly by Consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence of the City of Lodi or its officers or agents. 4 18. NO PERSONAL LIABILITY: Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. IN WITNESS WHEREOF, the City Manager of the City of Lodi has signed this Agreement and Consultant has signed and executed this Agreement as of the day and year first above written. CITY OF LODI, a municipal corporation By: onradt Bartlam, City Manager Attest: Randi Jo I City Clerk Approved as to Form: D. Stephen S wabauer City Attor y By: ni D. A 'cDeputy-CMag Attachments: Exhibit A: Scope of Services Exhibit B: Fee Schedule Exhibit Q Insurance Requirements Funding Source: 160603.7323 (Business Unit & Account No.) CONSULTANT MATT FOSKETT CONSULTING LLC B Matt Foskett Taxpayer ID No. 45-5196669 5 Exhibit A Matt Foskett Consulting LLC will provide assistance to the Client in the areas of rates, cost of service, power supply and transmission costs. This work may include but is not limited to the following: ➢ Cost of service ➢ Rate Design and evaluation Power cost adjustment rate ➢ NCPA resource and bill review ➢ Resource evaluation A Load Forecasting ➢ CAISO and other transmission issue review ➢ Compliance with State Green House Gas Program ➢ Compliance with State Renewable Portfolio Standard Compliance with CAISO Resource Adequacy requirement ➢ Fuel Procurement Exhibit B Matt Foskett Consulting LLC FEE SCHEDULE CALENDER YEARS 2012 & 2013 HOURLY BILLING RATES: Principle Consultant $85.00/hour EXPENSES: i ➢ Auto Mileage $0.555/mile j IRS standard mileage rate For vehicle travel outside San Joaquin, Sacramento and southern Placer Counties; no mileage charges will be incurred for trips inside San Joaquin, Sacramento or southern Placer Counties. ➢ Air Travel At Cost Meals and Incidental Expenses (In San Joaquin, Sacramento and southern Placer Counties none, elsewhere at cost) Lodging (In San Joaquin, Sacramento and southern Placer Counties none, elsewhere at cost) ➢ Sub -consulting and Sub -contracting At Cost plus 10% ➢ Other Reimbursable Expenses At Cost NOTES: For vehicle travel outside San Joaquin, Sacramento or southern Placer Counties one half the employees' hourly rate will be charged from home portal to destination portal using Google Maps travel time estimates. Invoices will be sent at the beginning of the calendar month for services provided and expenses incurred the previous calendar month. Payment is expected within 30 days unless otherwise provided for in the contract. Exhibit C 5411 Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this contract, insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractors operations under this contract, whether such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: DOE • „ - ; , �► _ =IIsi/ $1,000,000 Ea. Occurrence $2,000,000 Aggregate $1,000,000 Ea. Occurrence COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Bodily Injury - Ea. Person $1,000,000 Bodily Injury - Ea. Occurrence $1,000,000 Property Damage - Ea. Occurrence NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (Calibmia Government Code Section 810 et seq.). A copy of the certificate of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Such insurance as is afforded by this policy shall also apply to the City of Lodi, Its elected and appointed Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds. (This endorsement shall be on a form furnished to the City and shall be included with Contractor's policies) (b) Primary Insurance Endorsement Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. (c) Severabily of Interest Clause The term insured" is used severally and not collectively, but the Inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (d) Notice of Cancellation or Chance in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. 5.494Comoensation Insurance The Contractor shall take out and maintain during the life of this contract, Workers Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contactor shall require the subcontractor similarly to provide Workers Compensation Insurance for all of the letter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged In hazardous work under this contract at the site of the project is not protected under the Workers Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide Insurance for the protection of said employees. This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. A+✓ o CERTIFICATE OF LIABILITY INSURANCE 04=20013 THIS CERTiFiCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CODERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the-polioyfles) must be endorsed. if SUBROGATION iS WAIVED, subject to the terms and conditions of the policy, certain policies may requirer—in endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ken Perry - State Farm fns, .. - 2724 24th St Ste ZQO`' StafeFarm Sacramento, CA 95818 CINT NAME Mn Perry PHONE 2 N4I-.QJ6-4§2-6790 L - teresa.murdock.' 7 rm.CGm UISUR AFFORDING COVERAGE MAIC e INSURER A: State Form General Insurance Convany INSURED Matthew L. Foskett LLC - - .. INstIR66: state Farm-Mutuall Automobile insurance om n INSURERC: 2464 Portola Way INSURER D: Sacramento, CA 95816 '1, INSURERE: << INSURER F: _ PERSONAL& ADV INJURY 6 11000,000 L;UYtKAUr-b CERTIFICATE NLIMRFR- oevtctntu Pit war -D. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERI00 INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W41CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN iS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSIt LTR A TYPE OFINStIRANCEPOLICY GENERAL LIABILITY Y .3W POLICYNUMBERMID 90•B4J508-9 EFF 06106/2012 P V 11 YY 06/06/2014 LIMITS EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR PREMISES Ea ocafrefte) $ 300,000 MED EXP (AM one person) S 51000. _ PERSONAL& ADV INJURY 6 11000,000 GENERAL AGGREGATE $ 2,000,000 PRDWCTS-COMPIOPAGG S 2,000,000 GERLAGGREGATE LONRAPPLIES PER; POLICY 7PR LOC I6 B AUTOMOBILE UABILnY X ANY AUTO ALL OSVNED X SCHEDULED HIRED AUTOS NON -OWNED AUTOS Y 197 5068-0Orr55B 0410612013 1010412013 a aaMlem s BODILY INJURY iPerpereon) 6 1,000,000 BODILY WURY (Per ecc'deno s 1,000,000 eraCMe, deM 0 W S 1,000,000 S UMBRELLA L1ABOCCUR HCLNMS-4"AAt)E EACH OCCURRENCE S EXCESS UAB AGGREGATE 6 DED RETEI.QNS 6 WORKERSCOMPENSATIONVtlC AND EVOLOYERS' LIABILITY ANY PROPRIETORIPANERIEXECUTIVE YIN OFFK:EIMEMBEREXCLUOEO? NIA STATU- OTLIABILITY- Y E,L,EACHACCIDENT S F-LOISEASE-EAEMPLOYEE 6 (Mandatory In NH) Ityee, describe under E.L. DISEASE - POLICY LIMIT 6 DESCRIPTION OF OPERATIONS I LOCAVONS I VEHICLES (Atbeh ACORD 101, Addhioml Re i In Schedule, U mere epaee q requWad) Additional Insured endorsement reads: Such insurance as Is afforded by this policy shall arso apply to the City of Lodi, its selected and appointed Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds, 221 West Pine St. Lodi, CA 95241-1910 Project: providing rate and resources consulting services er The City of Lodi 221 West Pine St. Lodi, CA 95241-1910 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WiLL HE DELIVERED IN ACCORDANCE t11RTH THE POLICY PROVISIONS. ACORD 25 (2010105) The ACORD name and logo are registered marks cWACORv x-(001486 132849.8 FE -6609 Page 1 of 4 SEC'ttON 11 ADDITIONAL INSURED ENDORSEMENT Policy No.: 90-84-J508-9 ......" Named Insured: MATTHEW L FOSKETT LLC DBA MATTHEW L FOSKETT LLC 2464 PORTOLA WAY SACRAMENTO CA 95818-3528 Additional Insured (include address): CITY OF LODI ITS ELECTED AND APPOINTED §DARDS COMMISSIONS, OFFICERS AGENTS,NPLOYEES AND VOLUNTEERS ARE NAMEDS AS 221 W PINE ST LODI CA 952.40-2019 WHO IS AN INSURED, under SECTION If DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X' in the box. ® Primary insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. AN other provisions of the policy apply. J STATE FARM INSURANCE COMPANIES' 900 Old River Road Bakersfield CA 93311-9501 96A AT1 12 A 000624 0093 CITY OF LODI 221 W PINE ST LODI CA 95240-2089 c DATE OF NOTICE: APR 04 2013 CODE: NOTE: PLEASE NOTIFY STATE FARM AT THE ADDRESS LISTED AT THE TOP, LEFT CORNER OF THIS PAGE REGARDING ANY CHANGE OF ADDRESS INFORMATION. ADDITIONAL INSURED'S NOTICEOF COVERAGE State Farm Mutual Automobile Insurance Company 2822-FA5BJ NAMED INSURED: POLICY NO: 1975068 -D06 -55C COVERAGE: FOSKETT, MATTHEW & JANET YR/MAKE/MODEL: 2009 VOLKSWAGEN 4DR BI AND PD LIABILITY 2464 PORTOLA WAY VIN/CAMPER: 3VWAL71 K99M026706 $ 1 MIL/$1 MIL 1 MIL $ DED. COMM P. SACRAMENTO CA 95818-3528 AGENT NAME: KEN PERRY $11000 000 DED. LOLL. AGENT PHONE: (916)452-6668 ENDORSEMENT NO: 6028BU POLICY EFFECTIVE APR 06 2013 UNTIL TERMINATED POLICY MESSAGES: This policy shown above supersedes policy# 1975068-55B. The policy includes a loss payable clause protecting the additional insured's interest in the described oar to the extent of the insurance provided and subject to all policy provisions. The additional insured will be given 20 days notice if the policy is terminated. Until such notice is provided, it shall be presumed that the required renewal premiums have been paid. The additional insured must notify us within 10 days of any change of interest or ownership coming to their attention. Failure to do so will render this policy null and void. FRT N V4 State Farm General Insurance Company 900 Old River Rd Bakersfield, CA 93311-9501 AT1 R-12- 2822-FA5B U F 002373 0004 CITY OF LODI, ITS ELECTED AND APPOINTED BOARDS, COMMISSIONS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE NAMEDS AS 221 W PINE ST LODI CA 95240-2019 00 a U 0 o m � o �o �co o� oU3 i I Eel 4 e a - Business- Office Policy POLICY NUMBER 90-134-J508-9 REINSTATEMENT DATE JUN062012 DATE PROCESSED APR 02 2013 AMOUNT PAID $30.00 PLEASE KEEP FOR YOUR RECORDS We are pleased to acknowledge receipt of the premium due on this policy. This policy will be continued in force subject to its printed terms and conditions upon the payment check clearing through your bank. Insured: MATTHEW L FOSKETT LLC DBA MATTHEW L FOSKETT LLC 2464 PO RTO LA WAY SACRAMENTO CA 95818-3528 Agent: KEN PERRY Telephone: (916) 452-6668 12 2373 AIN 530-177.13 (olt3072d) Rev. 10-2004 001 Location: 2464 PO RTO LA WAY SACRAMENTO CA 95818-3528 RESOLUTION NO. 2012-80 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CONSULTING SERVICES WITH MATT FOSKETT CONSULTING, LLC FOR ELECTRIC UTILITY RATES AND RESOURCES SERVICES WHEREAS, the Electric Utility Department requires consulting services for planning, evaluation, acquisition, and operation of bulk power supplies and delivery resources as well as the development of electric utility rates; and WHEREAS, the agreement for consulting services with Matt Foskett Consulting, LLC will provide these services as outlined in the scope of work; and WHEREAS, Mr. Foskett has over 30 years of experience in the electric utility industry; and WHEREAS, funds are available in the FY 2012/13 EUD Budget Account Number 160603. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an agreement for consulting services with Matt Foskett, LLC for electric utility rates and resources services with administration by the Electric Utility Director in an amount not to exceed $120,000. Dated: June 6, 2012 I hereby certify that Resolution No. 2012-80 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 6, 2012, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OHL City Clerk 2012-80 RESOLUTION NO. 2013-88 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXTEND THE TERM OF THE CONTRACT WITH MATTHEW FOSKETT CONSULTING, LLC FOR RATES AND RESOURCES SERVICES WHEREAS, on June 6, 2012, the City Council adopted a resolution authorizing the City Manager to enter into a Professional Services Agreement with Matthew Foskett Consulting, LLC for consulting services regarding electric utility rates and resources in an amount not to exceed $120,000; and WHEREAS, the term of contract is due to expire, however, the scope of work as outlined in the contract is still needed; and WHEREAS, staff is now requesting a modification to the term of the contract until the completion of the scope of work; and WHEREAS, no additional funding is required and all other terms and conditions of the agreement will remain the same. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to extend the term of the contract with Matthew Foskett Consulting, LLC for rates and resources services to and including December 31, 2013. Dated: May 15, 2013 I hereby certify that Resolution No. 2013-88 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 15, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson ABSTAIN: COUNCIL MEMBERS — None NDI JOHL City Clerk 2013-88