HomeMy WebLinkAboutCalifornia State University Sacramento - First Amendment to Utility Advisory Committtee UACFRESMA REPORT TO THE CITY COUNCIL AGENDAITEMNO. i=YOamG
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October 29, 2009
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FROM: RENE A. RAMIREZ, DirectorII
Department of Public Utildes#K
BY: ROBERT N. ANDERSEN, P. E. Assistant Direct"c'1
Department of Public tRlliflesn re�a1
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SUBJECT: RECOMMEND THE CITY COUNCIL APPROVE'.
A) RESOLUTION TO RE-ESTABLISH THE UTILITY ADVISORY COMMITTEE
B) AMENDMENT TO THE AGREEMENT IN THE AMOUNT OF AN ADDITIONAL $23,010.00
PER YEAR WITH CALIFORNIA STATE UNIVERSITY. SACRAMENTO CENTER FOR
COLLABORATIVE POLICY TO EXPAND THEIR ROLE IN CONDUCTING FACILITATION
SERVICES FOR THE UTILDY ADVISORY COMMITTEE
RECOMMENDATION
Staff recommends the City Council adopt the attached resolution to reestablish the Utility Advisory Committee
UAC) and approve an amendment to the agreement with the CCP for an additional $23 010.00 per year is
tampensate for their expanded role in facilitating the UAC.
EXECUTIVE SUMMARY
ks a result of the successes of the original Fresno Unity Commission, the City established a UAC to avers
he implementation of the adopted five-YYear rate plan in March 200]. Staff has prepared a resolution to
establish the UAC, whose purpose will be to ad as public advisors on the development of the next five -ye
-ate plan for the Department of Public Utilities (DPU) whose critical objective Is providing Ills eased,
services to the community every day.
4s part of the UACprocess and function, It was agreed that an Independent organization be contracted
provide nmfessional serviws to the UAC for their deliberations, the creation of the report a
e dations. In addition to the extreme depth and complexities of the work done by the UAC, t
committee is much different than others in the City In that they actually make recommendations an never
old In the process, it was agreed and recommended to the Or
or this committee so that the perception was not given that the
for DPU. This outside. mediation service could also provide
ass and allows for quicker turnaround times to the members of
2008, the City entered into a multiyear agreement with the CCP for professional facilitation
the City's UAC. During the 2000 session, City staff look a more acture role with the facilitation
h proved to be a burden to the existing staff and their duties. During the 2009 sessions of the
e. It was agreed upon and permissible under the original agreement that the OCP would he solely
v the facilhation work. This amendment to the agreement memorial¢es the additional work which
THE CITY COUNCIL
to Proceed With the Re -Formation of UAC
utility issues,
requests for information, details and analysis requested by the members of the
and sets the corresponding compensation level for that effort.
al Fresno Utility Commission led to the formation of the UAC in March 2007. The
to oversee the implementation of the adopted five-year Rate Plan. Stag has
n wish guidelines to re-establish the UAC. whose main focus will be to act as public
ar rate plan for the DPU whose critical objective is providing life's essential services
As in the previous session, the UAC will ad as a fact finding early to review,
(dent recommendations to the Mayor, City Council, City Manager and the DPU
of nine (e) members, with the CM Council each making one (1)
or, which will be approved by the City Council. The UAC will act
us on the following Wilily matters.
• Five-year updated rate structure which remains manipulative with peer cities and lsfiscxlly sound
o Policies shall maintain current service levels In all divisions
Five-year utility financial operating plan
o Five-yearoililyycpbalplans
o Utility financialpoLdes including both capital and operating reserve policies
Recommendations on new service policies as requested
• Opportunities for maintaining and expanding public involvement
The UAC will prepare a report to the Mayor and City Council specifically including recommendations for the
next five-year utility plan. The final report and recommendations to the Mayor and City Council will include
details of a five-year funding plan and strategy in all divisions which will ensure the financial and operating
health of the DPU. The final report to the Mayor and City Council may include specifics on service level
requirements details of planned capital projects, bath operating and capital reserve funding strategies and a
balanced recommendation on a five-year rate plan which can adequately fund the plan being recommended. It
is envisioned the UAC will meet the second Tuesday of each month, In the early evening and will serve two.
year terns. A member of the UAC may be permitted to serve more man one term upon the successful
reappointment by me Mayor or City Council. The City Manager will reserve the right to assign City staff from
other departments to the UAC as supporting staff as needed to ensure a successful and balanced outcome In
the process_
The remainder of the resolution and guidelines addresses such matters as.
Principles of collaboration
Deaver making
Quorum
Meeting ground miss and protocols
Posting of UAC proceedings
Department primary point of contact
The City Attorney's office has reviewed the UAC Resolution for form and function.
In October 2006, the DPU entered into an informal contract with CCP to conduct facilitation services for
Utility Advisory Commission. Since then. City Council adopted Resolution 2007 79, farming the UAC to on.
unity rates on an annual basis. That Informal contract expired Staff then Initiated a formal recruitment par
according to A.O. 8-19 to hire a professional facilitation firm to conduct facilitation services over the next
(5) plus years. On December P. 2007, a Re past for Qualifications was sent directly to three companies.
January 7. 2008, an abverbsement was published in the Fresno Bee resulting in an inquiry tam she
company who was promptly mailed a Request for Qualifications A total of four (4) firms received a Reqs
REPORT TO THE CITY COUNCIL
Cmtrorization to Proceed With the Re -Formation of UAC
October 29, 2009
ostia 3
br Ouatil o nsins, which were due by January 14, 2008. Two inns submitted Statements of Qualification,
man were reviewed and pool. CCP was found to be Me most qualified Flom to conduct facilitation services.
Dn Apm 15, 2008, Me City entered into a multi-year agreement wth CCP for professional mi llitafion services
via Me Citys UAC. Dumthat year, City staff took a more active role with the facilitation services. This year
luring the UAC meetings, t was agreed upon and under Me original agreement that Ore CCP would be solely
'esponlGe for Me facilitation work. This amendment to the agreement memorializes the additional work and
;pts Me corresponding compensation level for Mat effort. That extra work includes expanding Me role of Me
eaE Isolation and adding an assistant mediator for support, taking full responsibility in the meeting debriefings
and collaborative outreach.
to Me Agreement will be for the original multi-year term which will not and until
finally, It Is stairs belief that having the UAC work wth Me CCP under the current
hurry and prove beneficial as Me committee prepares to embark on the
text Five-year rete plan. The Amendment to Agreement has been approved as to
� increasing the amount an
allow the Director of Public
hope Divisions (Solid Waste, Wastewater, and Water) has funding for this contract In
kget. The funding program is as follows:
UAC Facilitallon
$],6]0.00
],6]0.00
seek City Council authorization each year for the funding of the remainder of the
the budget approval process.
Council Resolution number 2009 -
First Amendment to Agreement
n.a-mn.ln eel
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT ("Amelffir ) made and entered into as
of this __?,achy of C'C koUev- 2009, amens the Agreement heretofore entered into
between the CITY OF FRESNO, a municipal corporation(hereinafter refereed to as "CITI and
California State University. Sacramento, Center for Collaborative Policy, an educational
initiation (herainafter returned to as "CCP"(.
RECITALS
WHEREAS, CITY and COOP entered into an agreement, doled April 15. 2008 for
professional facilitator services for CITY's Utility Advisory Committee ('UAC"), hereinafter
referred to as "Agreement" and
WHEREAS, the CITY now desires to realign toe mission of the UAC and the parties
agree to restructure the staffing and duties of CCP; and
WHEREAS. CITY now desires to modify the scope of work, therein, by requiring
additi0nal servlcas', and
WHEREAS, the projected total increase in compensation for CCP services through
June 30, 2009 is $23,01000 Q.e., an increase from $75.00 to $98,010.00) and through
December 31, 2013 is $126.555.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conddions,
and premises hereinafter contained, to be kept and performed by the respective parties, the
parties agree that the aforesaid Agreement be amended as follows:
1. Effective. October 7. 2008, Exhibit A of the Agreement is amended to add
sections 1, 2 and 4 of Attachment A. attached hereto and incorporated by reference herein.
2. Effective October 7, 2008, Tasks 1 and 2a of Exhibit A of the Agreement are
superseded in their enfirery as set forth in xedien 3 of Attachment A.
3. The dollar amount of $330.25628 in Section 2 of the Agreement is increased by
$126555 for a total of $450.811 28.
4. CONSULTANT'S sole compensation for satisfactory Performance of all services
required or rendered pursuant to the Agreement through June 30. 2009 shall be a total fee not
to exceed $98.010 00 of the total amount of compensation available under the Agreement (i e_
$458.811.28), paid on the basis of the fully burdened hourly labor rate and m0eage an other
conditions in the Cost Breakdown In Exhibit A of the Agreement as modified herein. Costs will
be paid in arrears on a monthly basis.
5. Effective October 7, 2008, the first paragraph of the Cost Breakdown in
Exhibit of the Agreement Is amended In as entirety to read as follows: 'Not to exceed
$98,01000 in any City fiscal year (i. e.. July 1 to June 30) without obtaining advance written
confirmation from the DPU Director or hislher designee that monies have been appropriated.
CCP will immediately notify City in writing when they have incurred costs totaling $75 000 in any
City fiscal year
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8. In the event of any conflict between the body of his Agreement and any Exhlbh
or Attachment hereto, the terns and conditions of the body of this Agreement shall control and
take precedence over fire terms. and conditions expressed within the Exhibit or Attachment.
Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which
purport to modify the allocation of risk between the parties, provided for within the body of this
Agreement, shall be null and void.
T Except as otherwise provided herein, the. Agreement entered into by CITY and
CCP, dated April 15, 2008, remains in full force and effect
IN APTNESS WHEREOF, he parties have executed this Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
r
By:
irez, Dir
Deportment of Public tilltles
ATTEST:
REBECCA E. KLISCH
City Cle
By.
ury I14/aq
APPROVED AS TO FORM:
JAMES C. SANCHE2
City AHom
9yni
Nan Ali Dart
Seri r Deo
REVIEWED BY.
RobaR�Ar se�sistant Direcfer
Department of Public Utilities
Attachments:
Attachment A -Amendment to
Scope of Services
Exhibit 1 - Budget through
Fiscal Year 2009
-2-
CALIFORNII STATE UNIVERSITY,
SACRAME TO. Center for Collittiondive
Policy, an umtional In lud
y:
e9wa R
Name.
Attachment A
Amendment to Scope of Services
City of Fresno ("City") and Center for Collaborative Policy p'CCP")
1. Realign Me Mission of Me Utility Advisory Committee ("UAC")
Beginning October ], 2000, the CCP facilitation team shall assist in the malamment of Me
rent UAC mission and the UAC Charter to focus Melr dellberations on the proposed
Increases in wastewater miss, as wall as the following ongoing and emerging issues and
activities of the UAC:
ev Thorough education of the UAC on the water mater transition program and Input on
public outreach for this program,
Outcome: Adepts on public outreach, winter 2008-9.
5
Further discussion and recommendations on the transition to a special district.
Outcome: Recommendation to the City council.
Completion Date. Spring 2009.
f Policy development of fiscal, operational and ®pita) reserve policies for rete selling,
bond debt ratio coverage and other related financial policies that the UAC would
recommend for inclusion in the City of Fresno Municipal Coca ("Code").
Outcome: Recommended toeless for inclusion In the Code.
Completion Date: Fall 2009.
4 Policy discussion and recommendations on establishing an equitable metered rate
structure for ratepayers who have converted to water meters.
Outcome: Recommendations to City Council.
Completion Date. Summer 2009.
e Review and provide feedback an City's Department of Public Utilities' (`DPU") proposed
public outreach strategy for November 2009 Prop. 218 election to adopt metered water
rates and drought water rates that will be included in the City a anent Urban Water
Management Plan,
Oulcome: Feedback and advice to the CM Council.
Completion Date: Summer/Fell 2009.
a Consideration of adopting a rate increase pollcy that is tied to the CPI.
Outcome'. Recommendation to Me City Council
Completion Date: Spring2010.
Meeting "tender:
The UAC will meet approximately now a month through Spring 2010, commencing
November 2008.
Page I of
2. Res ure Staffing and Facilitation for the UAC
The UAC is staffed by senior management, management analysts and administrative supped.
5trategic support and meeting fadlitation is provided by the CCP facilitation team. Beginning
October 2, 2008, the role of Ire CCP team is expanded to include a leadership mle on overall
management of this agent, as well as Increased staging support as described below, including
the addition of an Assistant Mediator City staff will no longer be responsible for providing
outreach services or maintaining the UAC workplan calendar.
CCP Lead Mediator
Expanded role to the Project Manager for the UAC, and continued role in strategic consultation,
agenda development and facilitation of the UAC meetings. Responsible for communications
with DPU staff between meetings, Including direct interaction with DPU management analysts in
developing necessary reporting and data for the UAC deliberations. First line of communication
with UAC members.
CCP Assistant Mediator -
Agenda all UAC meetings, lakes notes and provides meeting summaries. Tracks action items
with UAC members and DPU staff. Helps DPU staff as needed to organize presentations and
entering materials for the UAC, organize and archive all meeting proceedings, presentations
and data.
CCP Associate Mediator
Principal developer of the public outreach strategy with City's public relations consultants for the
Fall 2009 Prop. 218 election. Warks closely with City public relabons consultants on ongoing
outreach about the UAC Including media, and coordinates Me outreach strategy for the
November 2009 Prop. 218 election. This Includes facilitating public workshops. Supervised by
Lead Mediator.
g. Tasks 1 and 2a Superseded.
Task 1. Prepare for, Facilitate and Debrief UAC Meetings.
Includes conference calls with City staff and UAC Chair on a regular basis to debrief each
Committee meeting and prepare an annotated agenda for the following week's meeting Also
Includes calls to other Committee members as requested or as necessary. Review draft
meeting notes and action requests with the stag Prepare and distribute annotated agenda.
Convene subcommittees of the UAC, as needed, between weekly meetings. For budgeting
purposes, this scope assumes up to four subcommittee meetings per year.
Assumptions:
Meeting preparation and debrief: Average of 6 hours of DAC coordirreionlmeeting
preparetianlde-0def per week for COP Lead Mediator. Induces review of meeting summaries
prepared by Assistant Moderator and all needed Intamction wch CPU staff and UAC members
between meetings.
CCP Assistant Mediator attends all UAC meetings. Assumes active role in staging Me UAC, In
coordination with DPU administration stag. Produces meeting summaries of each meeting.
Posts to. UAC website- Manages all meeting materials on UAOwebsge.
Pagc2 of 4
Client will provide meeting logistic and support services
&hour UAC meetings, plus 6 hours travel per meeting.
Two meetings per month, no meetings In July or August. 20 meetings per year.
Up to 4 succommidee meetings of 2 hours each, as na ki to be conducted by phone or on
some day as a UAC mooting.
4 hours support activitles per meeting and attendance at all UAG meetings.
3 hours per summary. 2 hours per month posting to website.
Prajecfed boom from April 15. 2008 brought June 30, 2009,
Lead ll'. 424
Assistant Mediator. 272
Managing Senior: 68
Travel: 120 (Travel time billed at 50% of billable rate.)
Task 2a. Collaborative public involvement and outreach for the Water Meter transition
process as described below, and other special projects (including recycling regulations)
upon prior Written request of the DPU Director or hWher designee.
Develop and help Implement a public outreach strategy for Pre Water Meter Transition Process,
Including process design for an advisory committee or subcommiffee H requested by the City
Council.
Work closely with OPU shelf to develop a public involvement and outreach plan for the water
meter irenskion process.
Along with the CCP Lead Mediator, the COP Associate Mediator will be the principal developer
of the public outreach strategy for the Fall 2009 Prop. 218 election. CCP team will work closely
with Oiry's public relations consultants on the public outreach strategy for Yoe Fall 2008
Prop. 218 election and on ongoing outreach about the UAO. Including media and website
Maintenance . This will include. any facilitation of public workshops and managing the role of the
UAC in outreach affairs.
Assumption:
35 hours for development of outreach strategy and communications plan.
16 hours each for up to 3 community meetings or Workshops.
6 hours travel for each Workshop.
Projected Hours:
CLP Associate Mediator: 62 (outreach strategy development. prepare for and facilitate up to
2 meetingsrworkshops)
CCP Lead Mediator: 21 (supervision on plan development preparation and facilitation of
1 workshop, superveron)
CCP administration staff: 12
Travel'. to
4. Annual Projected Budget Submission
After May lot but In any event on or before July 1". CCP shall submit to DPU Director or Mother
designee the projected hours and budget for the respective City focal year beginning that same
July i° for DPU Director a acceptance in horher sok discretion. In no event shall the budget
for such fiscal year exceed $98,010.00 Any unearned dollars from the preceding budget may
be opened over to the next butlget, but in no event shall the total accumulated expense budgets.
or total actual expenditures under the Agreement, exceed $455,811.28.
Budget for Agri) 15 2008 throuah June 00, 2009
The total budget for the CCP scope or services through end of City fiscal year 2009
(I. e., June 30, 2009) is $98,010.00. This budget attached as Exhibit 1 and incorporated by
reference herein, includes the new Labor Category for CCP Assistant Mediator.
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