HomeMy WebLinkAboutAgenda Report - February 16, 2022 C-12AGENDA (ITEM C*42
MCITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Extension to Professional
Services Agreement with GDS Associates, Inc. for Electric Utility Rate Analysis
Services
MEETING DATE: February 16, 2022
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute an
Extension to the Professional Services Agreement with GDS
Associates, Inc. for electric utility rate analysis services.
BACKGROUND INFORMATION: In early 2016, the City Council approved a Professional Services
Agreement (Agreement) with EES Consulting (EES) in an amount
not to exceed $90,000 for Lodi Electric Utility (LEU) rate analysis
services through December 31, 2018.
Since 2018, LEU has entered into two time extensions under the original contract amount which carried
the Agreement through December 31, 2021. In addition, on March 18, 2021, EES and GDS Associates,
Inc. (GDS) entered into a Consent to Assignment of the Agreement whereby GDS assumed all of EES's
interest, rights, duties and obligations under the Agreement.
Since 2016, GDS, formerly EES, has assisted LEU staff with multiple rate matters, including the
residential rate restructure, development of solar rates under the new Energy Purchase tariff, and
research regarding trends in electric vehicle charging rates. Most recently, GDS assisted LEU with
developing and adopting a new LED dusk -to -dawn tariff which took effect December 2021. Approximately
$50,000 remains available on the existing Agreement for future rate analysis services, as needed.
Per Lodi Municipal Code, Section 3.20.075, financial service contracts are exempt from advertising and
bidding requirements and such contracts shall be awarded on the basis of qualifications, experience,
quality of service, past performance and negotiated prices.
With ongoing changes in the electric utility industry affecting how customers are charged, the ratemaking
expertise of GDS, and GDS's familiarity with LEU's rate and cost structures, staff recommends extending
the existing Agreement with GDS an additional two years through December 31, 2023 using the existing
unexpended funds already approved by City Council in 2016. Continuing to evaluate and update the
electric rate structure allows LEU to more effectively align costs and charges.
FISCAL IMPACT: Not—to-exceed original approved contract of $90,000,
FUNDING AVAILABLE: Included in FY 2021/22 Budget Account No. 50060001.72450.
APPROVED: Steve SchwabaUef
Stephen Schwabauer, City Manager
Adopt Resolution Authorizing City Manager to Execute Extension to Professional Services Agreement with GDS Associates, Inc.
for Electric Utility Rate Analysis Services
February 16, 2022
Page 2 of 2
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
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Jeff Berkheimer
Electric Utility Director
Signature:1y+.r_ Signature:
n�„Irrw KryS (�Lb �, 2oy3 is-ar rsr)
Email: akeys@lodi.gov Email: sschwabauer@lodi.gov
CONTRACT EXTENSION AGREEMENT
GDS ASSOCIATES, INC.
ELECTRIC UTILITY RATE ANALYSIS SERVICES
THIS CONTRACT EXTENSION AGREEMENT, made and effective this day of
2021, by and between the CITY OF LODI, a municipal corporation ("City"), and
GDS ASSOCIATES, INC., a Georgia corporation qualified to do business in California
("Contractor").
WITNESSETH:
CONTRACT: City and EES Consulting, a Washington corporation ("EES") entered into a
Professional Services Agreement for electric utility rate analysis services on March 8,
2016, a Contract Extension Agreement on January 25, 2019, and a Contract Extension
Agreement on December 18, 2019 (collectively the "Agreement"), as set forth in Exhibit 1,
attached hereto and made a part hereof; and
City, EES and Contractor entered into a C
March 18, 2021 whereby Contractor assui
obligations remaining under the Agreement,
made a part hereof.
3nsent to Assignment of the Agreement on
ied all of EES's interest, rights, duties and
as set forth in Exhibit 2, attached hereto and
2. TERM AND TERMS: City and Contractor agree to extend the term of the Agreement to
and including December 31, 2023.
a) All other terms and conditions will remain as set forth in the Agreement.
IN WITNESS WHEREOF, City and Contractor have executed this Contract Extension
Agreement on the date and year first above written.
CITY OF LODI, a municipal corporation
By: STEPHEN SCHWABAUER
City Manager
Attest:
JENNIFER CUSMIR, City Clerk
GDS ASSOCIATES, INC., a Georgia corporation
14PI-L-
By: KEVI M
Executive Vice President
Approved as to Form.
JANICE D. MAGDICH, City Attorn
Exhibit 1
CONTRACT EXTENSION AGREEMENT
EES CONSULTING
ELECTRIC UTILITY RATE ANALYSIS SERVICES
THIS CONTRACT EX TENSION AGREEMENT. made and effective this I&INday of
201 y and between the CITY OF LODI, a municipal corporation ("City°), and
EES Cons dting. nc., a Washington corporation ("Contractor').
INITNE§SEIH
I. CONTRACT: Contractor and City entered into a Professional Services Agreement for
Electric Utility Rate Study Services on March 8, 2016 ("Agreement"). A copy of the
Agreement is attached hereto as Exhibit 1 and made a part hereof.
2, TERRA AND TERMS: City and Contractor agree to extend the term of the Agreement to
and including December 31, 2019.
a. Compensation payable to Contractor for the period January 1, 2019 through and
including December 31, 2019 is set forth in Exhibit 2, which is attached hereto and
made a part hereof.
b. Section 4.8 of the Agreement is revised with respect to Notice to Contractor to read
as follows:
EES Consulting
Gary Saleba, President/CEO
570 Kirkland Way, Suite 100
Kirkland, WA 96033
c, With the exception of the foregoing all other terms and conditions will remain as set
forth in the Agreement.
NOW THEREFORE, City and Contractor agree to extend the term of the Agreement to
and including December 31, 2019 and to compensate Contractor for services performed
during the period January 1, 2019 through December 31, 2019 at the hourly billing rates
set forth in Exhibit 2.
IN WITNESS WHEREOF, City and Contractor have executed this Contract Extension
Agreement on the date and year first above written,
CITY OF LODI, a municipal corporation
By; T €'f1 W AiJER
City Manager
Attest:
FAMOERRAIOLO, City Clerk
EES CONSULTINGA��j eq
(j
L4�U-J:l v
By: GARY SALEBA
President/CEO
Approved as to Form:
1. JANICE 6. MAGDICH, City Attorney
CONTRACT EXTENSION AGREEMENT
EES CONSULTING
ELECTRIC UTILITY RATE ANALYSIS SERVICES
THIS CONTRACT EXTENSION AGREEMENT, made and effective this I& day of
2019, by and between the CITY OF LODI, a municipal corporation ("City"), and
EES Consulting, a Washington corporation ("Contractor").
WITNESSETIi,
CONTRACT: Contractor and City entered into a Professional Services Agreement for
electric utility rate analysis services on March 8, 2016 ("Agreement"). A copy of the
Agreement is attached hereto as Exhibit 1 and made a part hereof.
Contractor and City entered into a Contract Extension Agreement on January 25, 2019
("Extension"). A copy of the Extension is attached hereto as Exhibit 2 and made a part
hereof.
2_ TERM AND TERMS: City and Contractor agree to extend the term of the Agreement to
and including December 31, 2021.
a) All other terms and conditions will remain as set forth in the Agreement and
Extension.
IN WITNESS WHEREOF, City and Contractor have executed this Contract Extension
Agreement on the date and year first above written.
CITY OF LODI, a municipal corporation
e�
By: STEPHEN SCH Al 1ER
City Manager
Attest:
'A—
NIFER F RRAItiL ,City Clerk w.
EES Consulting, a Washington corporation
ey: GAR�ALEBA _.
PresidentlCEO
Approved as to Form:
J NIPE . MAGDICH, City Attorney
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on fYW.g, 2016, by and between the CITY
OF LODI, a municipal corporation (hereinafter "CITY"), and EES CONSULTING
(hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for electric utility
rate analysis services (hereinafter "Project") as set forth in the Scope of Services
attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide
such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, 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.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR 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.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
1
weather, vandalism, acts of God, etc., shall not be counted CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on January 1, 2016 and terminates
upon the completion of the Scope of Services or on December 31, 2018, whichever
occurs first.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Pavfrient
CONTRACTOR 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. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. 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.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR 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. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
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ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Res onsibilit for Damage
CONTRACTOR 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 and costs), 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 CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, 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, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
Section 4.4 No personal Liabilit
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.
4
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.5 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Sox 3006
Lodi, CA 95211-1910
Attn: Melissa Price, Rates & Resources Manager
To CONTRACTOR: EES CONSULTING
ANNE FALCON, SENIOR ASSOCIATE
570 KIRKLAND WAY, SUITE 100
KIRKLAND, WA 98033
Section 4.9 Coo enation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR 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
5
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project 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 CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR 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 CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law. Jurisdiction Severabi iity, ani# Attvrney'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.
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Section 4.14 City Business License Re uirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 CaRtlon_s
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.
Section 4.16 Inte ration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR 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,
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severabillity
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
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Section 4.20 Authoritv
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Fundinp Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
- - { . .
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
CITY OF LODI, a municipal corporation
[eL�.rati�
EES CONSULTING
Name:
Title:
ANNA FALCON
SENIOR ASSOC
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Exhibit D - Federal Transit Funding Conditions (if applicable)
Funding Source: 80060001.72450
(Business Unit & Account No.)
Doc ID:
CA:Rev.01.2015
8
Scope of Work - Exhibit A
The City of Lodi (City) has requested a scope for rate analysis assistance from EES Consulting, Inc.
The scope of work for this project has been developed based on the EES Consulting's experience
developing financial plans and rate studies for publicly owned utilities.
The term for this contract is three years. EES Consulting will perform requested analysis and
tasks upon request by City staff.
The work to be performed includes, but is not limited to:
• Analysis of electric billing data
■ Rate comparisons to other California utilities
• Rate impacts to various customers and customer classes
a Research related to rate setting and cost allocation for electric utilities
■ Analysis of City revenues and rate options
EES will present results and make recommendations to the utility's management staff as requested.
The aforementioned scope of services will remain in effect until December 31, 2018. This
proposal may be modified with the mutual agreement of EES and the City.
SCOPE OF WORK - LODI 1
Compensation — Exhibit B
The total budget for this contract is a not -to -exceed time and materials at $30,000 per year for
rate assistance.
EES Consulting will charge the following billing rates:
President.............................................................................................. $195
Manager/Senior Associate....................................................................190
SeniorEngineer.........................................................,...........................190
Senior Project Manager........................................................................185
ProjectManager......................................................................... ......180
Senior Analyst/Engineer........................................................................175
Analyst/Engineer.........................................................:.......;................170
Senior Administrative Assistant.............:................................................120
The aforementioned rates will remain in effect until December 31, 2018.
Materials and expenses will be billed at cost.
EXHIBIT C
Ltla ran co, Ire n f r C leant The Consultant shall take out and maintain during the life of this
Agreement, insurance coverage as fisted below. Phase Insurance policies shall protect Consultant and any
subcontractor performing work covered by this Agreement from c18IMS for damages for personal injury, Including
accidental death, as well as from Claims for property damages, which may ansa frern Consultant'a operabons under
this Agreement, whether such operations be by Consultant, or by any subcontractor, or by anyone directly or
indirectly employed by either of thorn, and the amount of such Insuronci shall be as follows
-COMPREHENcmir ezrhl Ai L3A 1'fY
57,004,004 Each aocurrenne
$2,000,000 Aggregate
2' MP O I 3 Bi 17'Y
at.oao,aaa f=at» Occumance
Such insurance shall cover liability arising out of any Vahu,te [including, owned, hired and non -hired vehicles)
operated En performing any and ah services pursuant !a thfsAyreament Coverage shall be wriHen on ISO ill
CA 00 0'I 12 94, or a later version of this form, or an equivalen! form providincy
ell flabibly coverage
3 dF i N LiA L17 f R O AN 4 1tS.lON9
St,Q4a,000 Each CCAurcance
All trmfts ora to be designated slrlelly for the City of Lodi. Its elected and appointed boanis. commissions, ofrieera
aysnts, employees, and volunteers Ail deductibles or self-insured retentions (SIR) must be disclosed to Gl Rist+
Manager for approval and shall not reduce the ll of liability set forth hereinabove Insurance policies containing
any deductible or SIR provision shall provide, or be endorsed to provfda, that the deductible or SIR may be aatisflad
by either the Named Insureds) Or the Ctty of Lodi.
11 is required that any available insurance proceeds broader than or In excess of the specified minimum Insurenca
coverage requirements sndlor ]fmils set forth above, shall be available to City as an additional insured, Furthermore,
the requirements for coverage and limits shall be (E) the minimum coverage and limits specified In these Insurance
requirements; or (ii) the broader coverage anti
ava liable la the Consultant; whichever is grsafer-
maximum limits of eovbraga of any insurance pnitiCy 01,proceeds
Consultant agrees and slfpulatea that any insurance cnuerage provided to tha City of LV9 shall provide for a claims
period following tarminatlon a[ coverage which Is at least consistent with the claims paried or statures of limitations
found in the California 'fora Claims Act (California Government Code Section 810 at seq.)
A copy of the cerlilicale(s) of insurance with the following endorseinents shall ba furnished to the cil
(a) tit�ttsl Namacl I aro Enr e e
Pursuant to a separate endorsement (ISO force CG 2010 0 1/85) vi ell term) such insurance as is
afforded by this policy shall also Apply to the City of Lull its elected and appointed boards, commissions,
officers, agertls, emPloyall and volunteers as addittanal name3cl Insureds
(b) ri an»utoIncur nEadgme
Addfl}anal insurance coverage under the Consultant's policy shall be "primary and non-coniributory" and will
not seek contrlbutian from CRy's Insurance or self-insurance and shall be at least as broad as ISO loan CG 20
0104 13.
NOTE: (1) The street address of the 9LIY DF LODI must be shown along with (a) and (b) above: 221 West
Pine Street, Lodi, Cplifomfa, 95240; (2) The Insurance ceMficate must state, on its face or as an
endorsement, a dascriptfon of the groiect that it is insuring.
Page t J of 2 pages J
Risk: rev.03.2014
Insurance Re ulretnen 5 for Cotie o +tt (continued)
(c)IrL n� of Cn etan
The limits of insurance coverage required may be satisfied by a combirthGort of primary and umbrella or
excess insurance. Any umbrella or excess insurance of Consultant shall Wntafi;i, or be endorsed to contain, a
provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City
before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured.
(d) sverm Nina
de
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.
(e)tl f II tin r C�Cflver�c�e Endor men
This policy may not be cancalsd nor The coverage reduced by the company withoul 30 days' prior written
notice of Such oancallatton or reduciton in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi,
CA 96240
(1) Con Enuit f ov r
All polldes shell be in effect on or before the first day of the Term of this Agreement. Al least thirty (30) days
Prior to the expiration of each insurance policy. Consultant shall hirrilsh a rerlillcate(s) showing that a new or
extended policy has been obtained �trhich meets the minimum requirements of this Agrsameni Consultant
shall provide proof of continuing insurance on al least an annual basis (hiring the Tenn. If Consultant's
Insurance lapses or is dlsconlinued for any reason, Consuliant shall immediately notify the Cily and
Immediately obtain replacement insurance
(g) Failure to Comolv
If Consultant fails or refuses to obtain and maintain the required insurance, or fails to provide proof of
G4Uar1190, the City may Obtain lha Insurance Consultant shall reimburse the City for premiums paid, with
Inlarest on [lie premium paid by the City at the maximum allowable legal rate then in effect in California, The
City shall notify Consultant of such payment of premiums within thirty (30) days of payment stating the amount
Paid, the names) of the Inaurer(s), and rate of Interest. Consultant shall pay such reimbursement and interest
on the 11rst (t'�] day of the month following the City's notice Notwithstanding and other provision of this
Agreement, if Consullant fails or refuses to obtain or maintain insurance as required by this agreement, or falls
to provide proof of Instuance, the Cily may terminate this Agreement upon such breach. Upon such
termination, Consultant shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or facilities
(h) M n r r
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the Stfika 01 California which are rated at least "A-, VI" by the AM Basi Ratings Guide, and which ara
acceptable to the City. Non -admitted surplus linas carriars may be accepted prodded that' are ineiudad on the
mosl scent list of California eligibla surplus lines insurers (LRSLI list) and o1hatwi$0 meel City requirements
a s ati The Consuliant shall lake Out and maintain during Ilia life of this Agreameni,
Worker's Compensellon Insurance for all of Consultant's employees employed at the s'rie of the project and, if anj
work is aublet, Consultant shall require the subcontractoraimilarly to provide Workets Compensation Insurance for all
of the Patter's employees unless such employeas aro covered by the proiecrion afforded by the Consultant In case
any Class of employees engaged In hazardous work under this Agreement at the site of the project is not protected
under the Worker's Componselion Statute, the Consultant shall provide and shall cause each subcontractor to
Provide insurance for the proteclion of said employees. A waiver of subrogation is required for workers compensation
Insurance. This po}icy may not be canoeled nor the coverage reduced without 30 days' prior written notice of such
cancellation or reduction In coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
NOTE?: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements
required. Failure to exercise this right shall not constitute a walver of the City's right to exercise after the
effective date.
Page 2 of 2 pages 1 Risk: rev.03.2014
RESOLUTION NO. 2022-32
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AN EXTENSION TO THE PROFESSIONAL
SERVICES AGREEMENT WITH GDS ASSOCIATES, INC., OF KIRKLAND,
WASHINGTON, FOR ELECTRIC UTILITY RATE ANALYSIS SERVICES
WHEREAS, in early 2016, the City Council approved a Professional Services Agreement
(Agreement) with EES Consulting (EES) in an amount not to exceed $90,000 for Lodi Electric
Utility (LEU) rate analysis services through December 31, 2018; and
WHEREAS, since 2018, LEU has entered into two time extensions under the original
contract amount which carried the Agreement through December 31, 2021; and on March 18,
2021, EES and GDS Associates, Inc. (GDS) entered into a Consent to Assignment of the
Agreement whereby GDS assumed all of EES's interest, rights, duties, and obligations under the
Agreement; and
WHEREAS, since 2016, GDS, formerly EES, has assisted LEU staff with multiple rate
matters, including the residential rate restructure, development of solar rates under the new
Energy Purchase tariff, research regarding trends in electric vehicle charging rates, and assisting
with developing and adopting a new LED dusk -to -dawn tariff which took effect December 2021;
and
WHEREAS, approximately $50,000 remains available on the existing Agreement for future
rate analysis services, as needed; and
WHEREAS, per Lodi Municipal Code, Section 3.20.075, financial service contracts are
exempt from advertising and bidding requirements and such contracts shall be awarded on the
basis of qualifications, experience, quality of service, past performance and negotiated prices;
and
WHEREAS, with ongoing changes in the electric utility industry affecting how customers
are charged, the ratemaking expertise of GDS, and GDS's familiarity with LEU's rate and cost
structures, staff recommends extending the existing Agreement with GDS an additional two years
through December 31, 2023, using the existing unexpended funds already approved by City
Council in 2016; and
WHEREAS, continuing to evaluate and update the electric rate structure allows LEU to
more effectively align costs and charges.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize
the City Manager to execute an Extension to the Professional Services Agreement with GDS
Associates, Inc., of Kirkland, Washington, for electric utility rate analysis services through
December 31, 2023, using the existing unexpended funds previously authorized by City Council
in 2016; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to
the above -referenced document(s) that do not alter the compensation or term, and to make
clerical corrections as necessary.
Dated: February 16, 2022
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2022-32 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held on February 16, 2022 by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
PAMELA M. FARRIS
Assistant City Clerk
2022-32