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					                                          NOTICE

IF RECEIVING THIS RFP BY INTERNET, CALL (707) 543-3700 TO REGISTER AS A BIDDER. FAILURE TO
REGISTER AS A BIDDER MAY RESULT IN YOUR FIRM NOT RECEIVING BID ADDENDUMS. FAILURE TO SUBMIT
BID ADDENDUMS WITH BID MAY CAUSE YOUR BID TO BE CONSIDERED NON-RESPONSIVE.




                        REQUEST FOR PROPOSALS
                              RFP 08-XX




                        REQUEST FOR PROPOSALS
                                 08-34

            Energy Billing Audit and Consulting Services

                               Proposal Mailing Date
                                   May 9, 2008

                          Proposal Submittal Due Date
                                 May 30, 2008
                                 at 5:00 p.m.

                                       To
                                Caroline Gabriel
                                  Senior Buyer
                     City of Santa Rosa Purchasing Office
                           630 Third Street, 2nd Floor
                             Santa Rosa, CA 95404
                               707-543-3781 Voice
                                707-528-3624 Fax
                              cgabriel@srcity.org
ENERGY BILLING AUDIT & CONSULTING SERVICES              CITY OF SANTA ROSA                   RFP 08-34
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                                     Request for Proposals
                                          RFP 08-34

                ENERGY BILLING AUDIT AND CONSULTING SERVICES


                                         INTRODUCTION

The City of Santa Rosa desires to solicit qualified proposals for an energy billing audit and
consulting services, in accordance with this Request for Proposal. Vendors are encouraged to bid
on any or all of the elements of this proposal. The cost proposal should clearly state the stand-
alone cost of each element, as well as any savings associated with bundling two or more elements.
 In order to best meet its needs, the City reserves the right to contract for each element individually
or as a package.

For the purpose of this Request for Proposals, natural gas and electric accounts are hereinafter
referred to as either “utility accounts” or “energy accounts”.



                      BACKGROUND AND GENERAL INFORMATION

Overview of Organization: The City of Santa Rosa, a charter city with a population of 156,300, was
incorporated in 1868 and is located 55 miles north of San Francisco and is the county seat of
Sonoma County. The area provides local residents one of the highest quality living environments in
California and is the center of trade, government, commerce, and medical services for the North
Bay and beyond. Regional, State and Federal offices and four general hospitals are located in the
City. In addition, there are two centers for the arts, a museum, three libraries, 57 neighborhood and
community parks and an ice arena. The City’s proximity to the Pacific Ocean, San Francisco and
the wine country make it a popular tourist destination. The local economy is balanced, with a
variety of industries providing employment and generating tax revenues to support local
government.


                                        SCOPE OF WORK

1.     Objectives: The City's main objectives in selecting qualified consultants are:
       a.      Recover Capital: Obtain refunds and credit adjustments from overcharges on
               historical billings by conducting a comprehensive billing audit of all utility accounts
               on a contingency basis.
       b.      Create Cost Savings: Reduce ongoing energy expenses to the lowest possible level
               through implementation of rate changes and other cost savings measures identified
               through the historical billing audit.
2.     Historical Billing Audit: Provide a historical billing audit of the past 3 years of each
       electricity and natural gas account for the purpose of meeting objectives one and two as
       listed above, and as outlined below:
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      a.     Review copy of billing for each account included in the audit to confirm the utility
             provider, service address, services provided, meter information, rate information,
             billings units and applicable taxes.
      b.     Obtain and examine historical cost and usage date.
      c.     Perform analysis to confirm that rates assigned to the accounts are being applied
             correctly and whether alternate rates offering savings opportunities are available.
      d.     Verification that the billings accurately reflect the services delivered.
      e.     Investigate cost and usage abnormalities for potential billing errors and service
             delivery issues.
      f.     Create Letters of Authorization to open a channel of communications with the utility
             to investigate issues identified and negotiate resolutions on behalf of the City.
      g.     Negotiate credit adjustments, refunds and future cost reductions with utility and
             energy service providers for billings errors that are identified.
      h.     Request rate changes or other changes to the services delivered with the utility
             providers, including confirming that request are acted upon.
      i.     Review all current and historical energy supply contracts for compliance to confirm
             that the services are being delivered and billed according to the terms of the
             contract.
3.    Reporting: Upon completion of the Billing Audit, provide the City with a complete written
      report including:
      a.     Description of billing errors identified and corrected during the audit, including the
             total credit adjustment or refund and the net benefit from the credit or refund after
             the assignment of auditor’s fees.
      b.     Estimated first year savings from the correction of ongoing billing errors.
      c.     Discussion of rate changes recommended and processed by auditor, including an
             estimate of the first year savings (based on historical usage patterns observed).
      d.     Notification of accounts where the City is billed in error resulting in a potential liability
             owed to the utility provider, including an estimate of the current amount owed based
             on historical evidence.
      e.     Summary of total credit adjustments, refunds, estimated first year savings, and
             auditor’s fees.
4.    Compensation Terms
      a.     Historical Billing Audit: The compensation terms for the historical billing audit will be
             contingency based, allowing auditor maximum opportunity to investigate and resolve
             potential billing errors and pursue cost savings measures. The fee mechanism will
             be shared savings, applied to both credits and refunds, and ongoing future savings
             according to the following formula.
             1.      The contingency fee for credit adjustments or refunds will be ____%. Credit
                     adjustments and refunds must be the direct result of auditor’s investigation
                     and successful resolution of observed billing errors to be considered
                     contingency fee.
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             2.      The contingency fee for ongoing (future) savings will be ____%, applied for a
                     period of ____ months from the first billing where cost savings is realized.
                     Realized cost savings will be defined as measurable savings on any account
                     that result from the implementation of auditor’s savings recommendation or
                     the correction of an identified billing error.
             3.      Results of the energy billing audit will remain confidential unless otherwise
                     noted. The utility company will be notified of potential savings resulting from
                     rate changes and billing errors that will be in the City’s favor so that
                     necessary billing adjustments can be made. The City will also require the
                     successful bidder to sign a confidentiality agreement.


                                    OPTIONAL SERVICES

1.    Objectives: Upon completion of the Billing Audit, provide the City with a complete written
      report including:
      a.     Control Ongoing Utility Expenses: Monitor ongoing energy billings to ensure that
             usage remains within established parameters and the costs remain under control.
      b.     Provide Energy Reporting: Prepare reports that detail energy cost and usage
             information for use in forecasting, budgeting, identifying energy management
             opportunities and other planning functions.
2.    Database Construction and Population: Provide software tool to create database to
      store and analyze energy cost and usage information for all energy accounts billed to the
      City to support efforts in meeting objectives (a) and (b) above under Objectives.
      a.     Enter site level information for each of the City’s facilities that are billed for electricity
             and/or natural gas including, site id, site name, full address, opening date, square
             footage, site level contact information, and charge number.
      b.     Enter energy provider information including, utility name, vendor code, services
             provided, full address and contact information.
      c.     Enter information for each energy account including, customer account number,
             service account number, utility provider, services provided, meter information, and
             rate schedule.
      d.     Create date entry template for each account to include cost and usage metrics
             required by City.
      e.     Convert existing date in FABER software program to new software in the
             appropriate template.
      f.     Enter historical cost and usage date obtained during Historical Billing Audit.
      g.     Pacific Gas and Electric (PG&E) to perform necessary Electronic Data Interface
             (EDI) translation so that electronic billing data can be imported directly into the
             software platform and electronic payment back to energy provider can be made.
      h.     Coordinate with various department representatives to identify beneficial reports and
             design reporting groups to meet their needs to understand both historical and
             ongoing energy cost and usage trends.
      i.     Provide historical reports after initial data load is complete.
ENERGY BILLING AUDIT & CONSULTING SERVICES            CITY OF SANTA ROSA                    RFP 08-34
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      j.     Provide database access through online interface.
      k.     Provide compatible interface to existing City’s Accounts Payable system.
      l.     Provide training to City employees on use of installed programs.


3.    Ongoing Post-Payment Billing Audit:
      a.     Conduct ongoing post-payment billing audit of electricity and natural gas accounts
             for the purpose of controlling ongoing utility expenses.
             1.      Review billing information to confirm that energy cost and usage remain
                     within established parameters based on historical date.
             2.      Enter bill information, Investigate cost and usage abnormalities for potential
                     billing errors and service delivery issues.
             3.      As needed, create Letters of Authorization to open a channel of
                     communication with the applicable utility to investigate billing issues
                     identified and negotiate resolutions on behalf of the City.
             4.      Negotiate credit adjustments, refunds and future cost reductions with utility
                     and energy service providers for billings errors that are identified.
      b.     Reporting: Provide monthly reporting to include:
             1.      Description of billing errors identified and corrected during the current month
                     including, the total refund or credit adjustment. For credit adjustments, the
                     date upon which the credit is applied to the account will be noted.
             2.      Estimated first year savings from the correction of ongoing billing errors
                     identified and corrected.
             3.      Notification of accounts where increased usage – outside of established
                     historical parameters – is identified and continues unabated where billings
                     are determined to be correct.
             4.      Fiscal year to date summary of total credit adjustments, refunds, estimated
                     first year savings.
4.    Compensation Terms for Optional Services:
      a.     Database Construction and Population: Vendor will provide the City with the
             necessary software platform, EDI translation software, setup and testing at no
             charge. Initial data load and EDI translation required will be done on a time and
             materials basis with a proposed hourly rate including a not to exceed amount.
      b.     Ongoing Post-Payment Billing Audit: The compensation terms for the ongoing post-
             payment billing audit will include fixed fees for the monthly entry, analysis and
             reporting for each account and a contingency fee to allow auditor maximum
             opportunity to investigate and resolve potential billing errors identified in the ongoing
             billings. The fee mechanism for the contingency element will be shared savings,
             applied to credits and refunds only according to the following formulas:
             1.     The contingency fee for credits adjustments or refunds will be ____%. Credit
             adjustments and refunds must be the direct result of auditor’s investigation and
             successful resolution of observed billing errors to be considered for contingency fee.
ENERGY BILLING AUDIT & CONSULTING SERVICES                CITY OF SANTA ROSA                    RFP 08-34
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                              PROPOSAL SUBMITTAL PROCESS

Proposals will contain an executive summary, clearly articulate how those services identified in the
scope of work will be provided, costs for services, vendor qualifications, experience, references,
and all of the information requested herein. Proposals will not exceed 21 pages including any
graphics and/or attachments, and will be submitted in an original and six copies. The
original must be clearly marked and contain original signatures and must be easily
reproducible on a standard copying machine. Failure to clearly mark the original and provide
original signatures may result in a proposal being found non-responsive and given no consideration.
The services provided, qualifications, experience, and reference portions of the proposals will be
weighted more heavily than the costs. Proprietary data or trade secrets should be clearly identified
as such in your proposal.

Tabs to be labeled and inserted for each section in original proposal and the six copies.

Information must be furnished complete in compliance with the terms, conditions, provisions and
specifications of the Request For Proposals. The information requested and the manner of
submission are essential to permit prompt evaluation of all proposals on a fair and uniform basis.
Accordingly, the City reserves the right to declare as non-responsive and reject any proposal in
which material information requested is not furnished or where indirect or incomplete answers or
information is provided.

Faxed or e-mailed proposals will not be accepted. Late proposals will not be accepted. With
regard to any proposal sent by mail to the City, the bidder will be solely responsible for its delivery
to the City prior to the date an hour set forth herein. Any proposals received subsequent to the date
and hour set forth herein, because of delayed mail delivery or any other reason, will not be
considered by the City.

The City reserves the right to reject any or all of the proposals received, to negotiate with qualified
bidders, or to cancel the request for proposals in part or in its entirety without explanation to the
bidders.

The City may interview only a select number of bidders. The services provided by the successful
bidder shall be governed by a Standard Services Agreement (see Attachment A).

The City of Santa Rosa reserves the right to revise or amend the request for proposal up to the time
set for opening of proposals. Such revisions and amendments, if any, shall be announced by
amendments to this solicitation. Copies of such amendments shall be furnished to all prospective
bidders. If the changes are material, the date set for opening of proposals may be postponed. In
any case, the proposal opening shall be at least five working days after the last amendment; and
the amendment shall include an announcement of the new date, if applicable, for the opening of
proposals.

Results of the energy billing audit will remain confidential unless otherwise noted. The utility
provider will be notified of potential savings resulting from rate changes and billing errors that will be
in the City’s favor so that necessary billing adjustments can be made. The City will also require that
the successful bidder sign a confidentiality agreement.

Please format your response to this request in the following order to facilitate comparisons between
respondents:
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Cost Proposal: Bidders may bid as follows:

1.      Primary Bid Items: proposals will be scored only on these costs or compensation schedule
        as described in the Scope of Work.

2.      Optional Services Bid: cost or compensation rate must be itemized.

        a.     Database Construction and Population.
        b.     Ongoing Post-Payment Billing Audit

3.      Bidders may bid on the Optional Services as a stand-alone cost of each element, as well as
        any savings associated with bundling two or more of the elements.

4.      The cost proposal should clearly state the stand-alone cost of each element, as well as any
        savings associated with bundling two or more elements. In order to best meet its needs, the
        City reserves the right to contract for each element individually or as a package.


Technical Proposal: Please format your response to this request in the following order to facilitate
comparisons between responders:
1. A brief history of the organization, including year founded, ownership and any subsidiary
   relationships.
2. A brief description of the background and capabilities of the consultant and a statement of direct
   relevant experience with similar projects.
3. A brief statement of the consultant’s overall understanding of the nature of the requested
   services to be provided under this RFP.
4. A detailed outline of the approach proposed for the performance of the services, in accordance
   with the specification or scope of work outlined in this RFP. Define methodology for revenue
   recovery for each proposed service.
5. Names of specific individuals of the consultant firm and any subconsultant firms proposed for
   this project, including their role in this engagement, relevant experience and their years of
   service with firm.
6. A detailed breakdown of costs or fees by work product and hourly rate of the consultant and any
   subconsultants. Please provide fee basis for each revenue component separately.
7. Minimum three references, including contact names, address and phone number.
8. Include samples of reports generated for other clients relevant to your proposal.
9. A copy of the most recent audited financial report.
10. A statement on whether the software that is recommended can interface with.
11. Other relevant information as appropriate.


                  EVALUATION OF PROPOSALS AND NEGOTIATIONS

The City of Santa Rosa is seeking to enter into contract with a firm that has demonstrated its ability
to provide energy auditing and consulting services to local agencies in California.
ENERGY BILLING AUDIT & CONSULTING SERVICES            CITY OF SANTA ROSA                  RFP 08-34
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Proposals will be evaluated on the basis of:
   •   Bidder’s experience in providing the needed services for other municipalities of similar size
       and complexity as found at the City of Santa Rosa.
   •   Experience of individual staff members who will be assigned to perform those services, in
       public agencies of similar size and complexity.
   •   Responsiveness to the Request for Proposal and understanding of the scope of work as
       evidenced by the proposals and interviews.
   •   References.
   •   Costs
ENERGY BILLING AUDIT & CONSULTING SERVICES             CITY OF SANTA ROSA                  RFP 08-34
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                                        CITY CONTACTS

All proposals, offers and counter offers will be extended through the City Purchasing Agent of the
designated representative whose name, address and telephone number are shown below and in
REQUIRED DATA FORMS: Designated Contacts. Any negotiations may be conducted by the
Purchasing Agent or another party as noticed by the Purchasing Agent. Award will be by City
Council Motion. No other officer or agent may obligate or bind the City. In REQUIRED DATA
FORMS: Designated Contacts, firms will designate, by name, who will receive offers and counter
offers. The person named will be an authorized agent of the firm able to conduct negotiations or
written offers in good faith. For questions or additional information, please contact the appropriate
individual listed below, preferably by email.


                    Scope of Work                           Proposal Process
                    Ed Buonaccorsi                           Caroline Gabriel
             General Services Administrator                   Senior Buyer
                 (707) 543-3710 Voice                     (707) 543-3781 Voice
                  (707) 528-3624 Fax                       (707) 528-3624 Fax
               ebuornaccorsi@srcity.org                    cgabriel@srcity.org




                                   ESTIMATED SCHEDULE

May 9, 2008 by 5:00 p.m.                                      Proposal Mailing Date

May 30, 2008 by 5:00 p.m.                                     Proposals Due Date
                                                              General Services – Purchasing
                                                              630 Third St., 2nd Fl.
                                                              Santa Rosa, CA 95404

To be announced                                               Evaluation Panel Meeting

To be announced                                               Vendor Presentations

June, 2008                                                    Contract Award

July, 2008                                                    Start Work
ENERGY BILLING AUDIT & CONSULTING SERVICES              CITY OF SANTA ROSA                  RFP 08-34
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                                    GENERAL PROVISIONS

Proposals: Firms are required to submit a proposal on any or all bid items. Proposal submittals
which do not clearly state which items they are bidding for will not be considered.

Cash discount must be shown on proposal; otherwise, prices will be considered net. Unless prices
and all information requested are complete, proposal may be disregarded and given no
consideration.

This Request for Proposals shall result in a firm, fixed price contract.

In case of default by the firm, the City of Santa Rosa may procure the articles or services from other
sources and may deduct from any monies due, or that may thereafter become due to the firm, the
difference between the price named in the contract or purchase order and the actual cost thereof to
the City of Santa Rosa.

All prices and proposals must be in ink or typewritten. No pencil figures or erasures are permitted.
Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink
by person signing the proposal.

All proposals must be signed with the firm's name and by a responsible officer or employee.
Obligations assumed by such signature must be fulfilled.

Submission of Proposals: Each proposal must be submitted in a sealed envelope or box with a
proposal number, closing date and time on the outside.

Information must be furnished complete in compliance with the terms, conditions, provisions and
specifications of the Request for Proposals. The information requested and the manner of
submission are essential to permit prompt evaluation of all proposals on a fair and uniform basis.
Accordingly, the City reserves the right to declare as non-responsive and reject any proposal in
which material information requested is not furnished or where indirect or incomplete answers or
information is provided.

Proposals and modifications or corrections thereof received after the closing time specified will not
be considered.

Proposals shall be for the total net price including all applicable taxes and charges.

No telegraphic, telephone or facsimile of proposals will be accepted. If a photocopy is to be
submitted, it must be signed in original, in ink.

If you do not bid, return this Request for Proposals and state reason, otherwise your name may be
removed from our mailing list.

Proposal Postponement and Addendum: The City of Santa Rosa reserves the right to revise or
amend the specifications or any other part of the proposal up to the time set for opening. Such
revisions and amendments, if any, shall be announced by addendum to this solicitation. Copies of
such addendums shall be furnished to all prospective bidders. Prospective bidders are defined as
those listed on the City's Request for Proposals list for this material/service or who have obtained
his documents subsequent to the advertisement. If revisions and amendments require changes in
services proposed, the date set for opening of proposals may be postponed by such number of
ENERGY BILLING AUDIT & CONSULTING SERVICES                 CITY OF SANTA ROSA                    RFP 08-34
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days as in the opinion of the City shall enable bidders to revise their proposals. In any case, the
proposal opening shall be at least five working days after the last addendum; and the addendum
shall include an announcement of the new date, if applicable, for the opening of proposals.

Single Proposal Response: If only one proposal is received in response to the Request for
Proposals, a detailed cost proposal may be requested of the single bidder. A cost/price analysis
and evaluation and/or audit may be performed of the cost proposal in order to determine if the price
is fair and reasonable.

Proposal Withdrawal: After the proposals are opened, proposals may not be withdrawn for ninety
(90) calendar days. Prior to the date/time set for the proposal opening, however, proposals may be
modified or withdrawn by the bidder’s authorized representative in person, or by written telegraphic
notice. If proposals are modified or withdrawn in person, the authorized representative shall make
his identity known and shall sign a receipt for the proposal. Written or telegraphic notices shall be
received in the office of the Purchasing Agent indicated on the REQUIRED DATA FORMS:
Designated Contacts page of this Request for Proposals no later than the exact date/time for the
proposal opening. A telegraphic modification or withdrawal received in the designated office by
telephone from the receiving telegraph office no later than the date/time set for the proposal
opening shall be considered if such message is confirmed by a copy of the telegram.

Firm’s Investigation: Before submitting a proposal, each firm shall make all investigations and
examinations necessary to ascertain all conditions and requirements affecting the full performance
of the contract and to verify any representations made by the City upon which the financial advisor
will rely. If the firm receives an award as a result of its proposal submission, failure to have made
such investigations and examinations will in no way relieve the firm from its obligation to comply in
every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such
conditions and requirements be accepted as a basis for any claim whatsoever by the firm for
additional compensation.

Competency of Firms: No proposal will be accepted from or contract awarded to a firm who is not
licensed in accordance with the law, who does not hold a license qualifying him to perform work
under this contract, to whom a proposal form has not been provided and who has not successfully
performed on projects of similar character and scope. The consultant may be required, before the
award of any contract, to show, to the complete satisfaction of the City, that it has the necessary
facilities, ability, experience, and financial resources to provide the services specified herein in a
satisfactory manner. Generally, consultant history and references are required at a minimum. The
City may make reasonable investigations deemed necessary and proper to determine the ability of
a consultant to perform the work, and the consultant shall furnish the City all information requested
for this purpose.

Award: The City of Santa Rosa reserves the right to reject any and all proposals; to waive any
informality in the proposals; and to accept the proposal that appears to be in the best interest of the
City. The City intends to award to one or more revenue audit consultants.

In determining and evaluating the best proposal, the prices will not necessarily be controlling, but
quality, equality, efficiency, utility, general terms, delivery, suitability of the service offered, and the
reputation of the service in general use will also be considered with any other relevant factors.

Notice of contract award, if contract be awarded, will be made within ninety (90) days of opening of
proposals to the consultant, whose proposal complies with all the requirements in the Request for
Proposals and is found to be the best value to the City.
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The consultant shall submit to the City, for approval, within ten (10) days from notice of contract
award, all Certificates of Insurance evidencing the required coverage as described under Insurance
in the City of Santa Rosa sample contract Attachment A.

The consultant shall not commence work under the terms and conditions of the contract until all
Certificates of Insurance have been approved by the City and the consultant has received notice to
proceed in writing and an executed copy of the contract from the City of Santa Rosa Purchasing
Agent.

Payments: Payment will be made on a calendar-month basis in arrears. The consultant shall
submit an invoice to the City of Santa Rosa, Revenue Manager, P.O. Box 1673, Santa Rosa, CA
95402. In the event this contract becomes effective or terminates during the course of a month, the
amount paid to the consultant for the partial month shall be determined by prorating the amount on
the basis of the number of calendar days involved.

In connection with any cash discount or interest specified on this proposal, time will be computed
from the date correct invoices are received in the City Finance Office. For the purpose of earning
the discount, payment is deemed to be made on the date of mailing of the City warrant or check.

Contract Administration: Except as otherwise specifically provided in this Request for Proposals
and the resulting Purchase Contract or Purchase Order, any notice, submittal or communication
required or permitted to be served on a party hereto, may be served by personal delivery to the
person or the office of the person identified. Service may also be made by mail, by placing a notice,
submittal or communication in an envelope with the proper first-class postage affixed thereto and
addressed as indicated, and depositing said envelope in the United States mail. (See REQUIRED
DATA SECTION)

Retention of Records: The consultant shall be required to retain any records necessary to
document the charges for goods to be provided or services to be performed and make such records
available to the City for inspection at the City's request for a period of four (4) years.

Non-Collusion Affidavit: The consultant declares, by signing and submitting a proposal, that the
proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the proposal is genuine and not collusive or
sham; that the consultant has not directly or indirectly induced or solicited any other consultant to
put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or
agreed with any revenue audit consultant or anyone else to put in a sham proposal, or that anyone
shall refrain from bidding; that the auditor has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the proposal price of the financial
advisor or any other bidder, or to fix any overhead, profit, or cost element of the proposal price, or of
that of any other revenue audit consultant , or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements contained
in the proposal are true; and, further, that the consultant has not, directly or indirectly, submitted
his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information
or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, proposal depository, or to any member or agent thereof to effectuate a
collusive or sham proposal.

Proposal Contents: This proposal consists of the Request for Proposals, Provisions,
Specifications, Attachments and other terms and conditions as are attached or incorporated by
reference in the schedule of the Request for Proposals.
ENERGY BILLING AUDIT & CONSULTING SERVICES   CITY OF SANTA ROSA      RFP 08-34
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                                  REQUIRED


                                      DATA


                                     FORMS


                                  List of Forms


                                 Attachment A
                                “Sample Agreement”

                                Attachment One
                             “Insurance Requirements”




                            Designated Contacts
ENERGY BILLING AUDIT & CONSULTING SERVICES          CITY OF SANTA ROSA                RFP 08-34
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                                         REQUIRED DATA

Designated Contacts: Bidders are required to indicate in the space provided below, the
designated contact individual’s name and address as requested in the City Contacts provision of
the Request for Proposals.

                    City of Santa Rosa             Energy Audit & Consulting
                                                           Service

                    Proposal Process
                      Caroline Gabriel
                       Senior Buyer
                 630 Third Street, 2nd Floor
                  Santa Rosa, CA 95404
                   (707) 543-3781 Voice
                    (707) 528-3624 Fax


                     Scope of Work
                     Ed Buonaccorsi
              General Services Administrator
                630 Third Street, 2nd Floor
                 Santa Rosa, CA 95404
                     (707) 543-3710
                     (707) 528-3624




G:\Purchasing\RFPs\08 RFPs\08-34.EnergyAudit&ConsultingServices.doc
ENERGY BILLING AUDIT & CONSULTING SERVICES   CITY OF SANTA ROSA                           RFP 08-34
                                                                                           Exhibit 1
                                                                                      Page 14 of 21

                                      ATTACHMENT “A”
                                      Sample Agreement


                   AGREEMENT FOR PROFESSIONAL SERVICES WITH
                               [contractor name] FOR
                  ENERGY BILLING AUDIT AND CONSULTING SERVICES

                                  AGREEMENT NO. 08-xxxx


       This Agreement is made this ___ day of ____________, 2008 between the City of Santa
Rosa, a charter city ("CITY"), and [company name] (“CONSULTANT) a [type of entity].


                                         RECITALS

       A. CITY desires to retain a qualified firm to conduct the revenue audit and
          consulting services of the City of Santa Rosa in accordance with the Scope of
          Work contained in the referenced Request for Proposals 08-34 entitled Energy
          Billing Audit and Consulting Services.
       B. CONSULTANT represents to CITY that it is a firm composed of highly trained
          professionals and is fully qualified to conduct the energy billing audit and
          consulting services and render advice to CITY in connection with said services.
       C. The parties have negotiated upon the terms pursuant to which CONSULTANT will
          provide such services and have reduced such terms to writing.
       D. For the purpose of this agreement, natural gas and electric are hereinafter
          referred to as “utility accounts.”


                                         AGREEMENT

       NOW, THEREFORE, CITY and CONSULTANT agree:

1. Scope of Service

   CONSULTANT shall provide CITY with the following services: Energy Billing Audit and
   Consulting services.

   The above services and activities are described with further particularity in the CITY’s Request
   for Proposals 08-34 Energy Billing Audit and Consulting Services dated May 9, 2008,
   CONSULTANT’s proposal dated ________ __, 2008, of which are attached hereto as Exhibits
   A and B (in order of preference), which are incorporated by reference as though fully set forth,
   and in accordance with the provisions of this Agreement.

   The “Scope of Work” in the Request for Proposals 08-34 is attached hereto solely for the
   purpose of defining the manner and scope of services to be provided by CONSULTANT
   hereunder and are not intended to, and shall not be construed so as to, modify or expand the
   terms, conditions or provisions contained in this Agreement. In case of any conflict between the
   terms of these documents, the terms of this Agreement shall control and prevail.
ENERGY BILLING AUDIT & CONSULTING SERVICES    CITY OF SANTA ROSA                           RFP 08-34
                                                                                            Exhibit 1
                                                                                       Page 15 of 21

2. Compensation

As compensation for all services of CONSULTANT in performance of this Agreement, CITY shall
pay CONSULTANT as described in the “Scope of Work/Consultant’s Proposal” attached hereto and
incorporated by this reference.


3. Documentation: Retention of Materials

   a. CONSULTANT shall maintain adequate documentation to substantiate all charges for hours
and materials as required by Section 2 of this Agreement.

     b. CONSULTANT shall keep and maintain full and complete documentation and accounting
records concerning all extra or special services performed by it that are compensable by other than
a flat rate and shall make such documents and records available to authorized representatives of
CITY for inspection at any reasonable time.

    c. CONSULTANT shall maintain the records and any other records related to the performance
of this Agreement, and shall allow CITY access to such records, for a period of four (4) years.

4. Indemnity

    a. When the law establishes a professional standard of care for CONSULTANT’s services, to
the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend and hold
harmless CITY, and its employees, officials and agents (“Indemnified Parties”) from and against any
and all losses, liabilities, damages, costs and expenses, caused in whole or in part from any
negligent or wrongful act, error or omission of CONSULTANT, its officers, employees, agents, or
sub-consultants, in the performance of professional services under this Agreement.

    b. Other than in the performance of professional services and to the full extent permitted law,
CONSULTANT shall indemnify, defend and hold harmless CITY and any Indemnified Parties, from
and against any liability, (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether
actual , alleged or threatened, interest, defense costs, and expert witness fees), where same arises
out of the performance of this Agreement by CONSULTANT, its officers, employees, agents, and
sub-consultants, excepting only that resulting from the gross negligence or intentional misconduct
of CITY, its employees, officials, or agents.

5. Insurance

CONSULTANT shall maintain in full force and effect all of the insurance coverage described in, and
in accordance with Attachment One “Insurance Requirements”, which is attached hereto and
hereby incorporated and made part of this Agreement by this reference. Maintenance of the
insurance coverage as set forth in “Insurance Requirements” is a material element of this
Agreement and a material part of the consideration provided by CONSULTANT in exchange for
CITY’s agreement to make the payments prescribed hereunder. Failure by CONSULTANT to (i)
maintain or renew coverage, (ii) provide CITY notice of any changes, modifications, or reductions in
coverage, or (iii) provide evidence of renewal, may be treated by CITY as a material breach of this
Agreement by CONSULTANT, whereas CITY shall be entitled to all rights and remedies at law or in
equity, including but not limited to immediate termination of this Agreement. Notwithstanding the
foregoing, any failure by CONSULTANT to maintain required insurance coverage shall not excuse
or alleviate CONSULTANT from any of its other duties or obligations under this Agreement. In the
ENERGY BILLING AUDIT & CONSULTING SERVICES    CITY OF SANTA ROSA                           RFP 08-34
                                                                                            Exhibit 1
                                                                                       Page 16 of 21

event CONSULTANT, with approval of CITY pursuant to Section 6 below, retains or utilizes any
subcontractors or sub-consultants in the provision of any services to CITY under this Agreement,
CONSULTANT shall assure that any such subcontractor has first obtained, and shall maintain, all of
the insurance coverage requirements set forth in the attached “Insurance Requirements”.


6. Assignment

CONSULTANT shall not assign any rights or duties under this Agreement to a third party without
the express prior written consent of CITY, in CITY’s sole and absolute discretion. CONSULTANT
agrees that prior to contracting for or otherwise engaging consultants or engineers for use or
assistance in performance under this Agreement, the names shall be submitted to and approved by
CITY.


7. Termination

    a. This Agreement may be terminated by either party by giving party thirty (30) days notice to
the other in writing of its intent to terminate the Agreement.

   b. Upon such termination, CONSULTANT shall submit to CITY an itemized statement of
services performed to the date of termination in accordance with Section 2 of this Agreement. Said
services may include both completed work and work in progress at the time of termination. CITY
shall pay CONSULTANT for any such work for which compensation has not previously been made
by CITY. CITY may require CONSULTANT to complete the incomplete documents and
CONSULTANT shall deliver to CITY all documents in its possession. All documents shall be the
property of CITY without additional compensation to CONSULTANT.


8. Notices

Except as otherwise specifically provided in this Agreement, any notice, submittal or communication
required or permitted to be served on a party, shall be in writing and may be served by personal
delivery to the person or the office of the person identified below. Service may also be made by
mail, by placing first-class postage, and addressed as indicated below, and depositing in the United
States mail to:


                        City                              Contractor
                Ed Buonaccorsi
         General Services Administrator
           630 Third Street, 2nd Floor
            Santa Rosa, CA 95404
                (707) 543-3710
                (707) 528-3624




9.   Independent Contractor
ENERGY BILLING AUDIT & CONSULTING SERVICES      CITY OF SANTA ROSA                            RFP 08-34
                                                                                               Exhibit 1
                                                                                          Page 17 of 21



     The parties intend that CONSULTANT, in performing the services specified, shall act as an
independent contractor and shall have control of its work and the manner in which it is performed.
It shall be free to contract for similar services to be performed for other employers while it is under
contract with CITY. CONSULTANT shall not be considered an agent or employee of CITY and is
not entitled to participate in any pension plan, medical, or dental plans, or any other benefit
provided by CITY for its employees.

10. Additional Services

     If CITY makes a decision to change the scope of services, as delineated in Section 1 above, all
such changes shall be by written amendment to this Agreement and shall be paid for on the hourly
charge basis set forth in the attached “Scope of Work/Consultant’s Proposal”, if made part hereof,
or as mutually agreed by CONSULTANT and CITY prior to the provision of any such additional
services.

11. Successors and Assigns

    CITY and CONSULTANT each binds itself, its partners, successors, legal representatives and
assigns to the other party to this Agreement and to the partners, successors, legal representatives
and assigns of such other party in respect of all promises and agreements contained herein.

12. Time of Performance

     CONSULTANT shall begin work on this project upon receipt of a written notice to proceed from
CITY, but in no event prior to delivering a fully executed agreement to CITY and obtaining and
delivering the required insurance coverage, and satisfactory evidence thereof, to CITY.
CONSULTANT shall thereafter work diligently and continuously to provide all the required services
and activities described herein. CONSULTANT shall complete all the required services and tasks
and complete and tender all deliverables to the reasonable satisfaction of CITY, not later than 15
days after early termination date or end of contract.

13. Miscellaneous

     (a) Entire Agreement. This Agreement contains the entire agreement between the Parties.
Any and all verbal or written agreements made prior to the date of this Agreement are superseded
by this Agreement and shall have no further effect.

    (b) Modification. No modification or change to the terms of this Agreement will be binding on a
Party unless in writing and signed by an authorized representative of that Party.

     (c) Compliance with Laws. CONSULTANT shall perform all services described herein in
compliance with all applicable federal, state and local laws, rules, regulations, and ordinances,
including but not limited to, (i) the Americans With Disabilities Act (ADA) of 1990, (42 U.S.C. 12101,
et seq.), and any regulations and guidelines issued pursuant to the ADA, which prohibits
discrimination against individuals with disabilities and may require reasonable accommodations;
and (ii) and Labor Code Sections 1700-1775, which require prevailing wages (in accordance with
DIR schedule at www.dir.ca.gov) be paid to any employee performing work covered by Labor Code
Section 1720 et seq..

    (d) Governing Law; Venue. This Agreement shall be construed, and its performance enforced,
under California law. Because this Agreement is to be performed in the County of Sonoma, the
ENERGY BILLING AUDIT & CONSULTING SERVICES       CITY OF SANTA ROSA                              RFP 08-34
                                                                                                  Exhibit 1
                                                                                            Page 18 of 21



parties hereto agree that the forum for the adjudication of any dispute regarding the Agreement or
enforcement shall be brought exclusively and solely in Sonoma County, California.

     (e) Conflict of Interest. In the event that CITY determines, in its discretion, that CONSULANT
is required to comply the requirements of the Political Reform Act, specifically Cal. Govt. Code
Section 87200, as well as CITY’s Conflict of Interest Code, CONSULTANT shall promptly file a
Form 700 – Statement of Economic Interest in accordance with the applicable disclosure category
and any other documents reasonable required by CITY in compliance with the foregoing provisions.

    (f) Waiver of Rights. It is the intent of the parties hereto that from time to time either party may
waive any of their rights under this Agreement, unless contrary to law. Any waiver by either party
hereto of rights arising in connection with this Agreement, shall not be deemed a waiver with
respect to any other rights or matters, whether under this Agreement or otherwise.

     (g) Ownership and Use of Property Rights. Unless otherwise expressly provide herein, all
original works created by CONSULTANT solely for CITY hereunder shall be and remain the
property of CITY. CONSULTANT agrees that any patentable or copyrightable property rights, to the
extent created solely for CITY as part of the services provided hereunder shall be in the public
domain and may be used by anyone for any lawful purpose.

    15. Authority; Signatures Required for Corporations. CONSULTANT hereby represents and
warrants to CITY that it is (a) is a duly organized and validly existing LLC, formed and in good
standing under the laws of the State of Delaware, (b) has the power and authority and the legal
right to conduct the business in which it is currently engaged, and (c) has all requisite power and
authority and the legal right to consummate the transactions contemplated in this Agreement.
CONSULTANT hereby further represents and warrants that this Agreement has been duly
authorized, and when executed by the signatory or signatories listed below, shall constitute a valid
agreement binding on CONSULTANT in accordance with the terms hereof.

   If this Agreement is entered into by a corporation, it shall be signed by two corporate officers,
one from each of the following two groups: a) the chairman of the board, president or any vice-
president; b) the secretary, any assistant secretary, chief financial officer, or any assistant treasurer.
The title of the corporate officer shall be listed under the signature.
ENERGY BILLING AUDIT & CONSULTING SERVICES             CITY OF SANTA ROSA                            RFP 08-34
                                                                                                      Exhibit 1
                                                                                                 Page 19 of 21



        IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.




          _____________________                                          CITY OF SANTA ROSA
              [type of entity)                                               a charter city
 By:
                                                               By:
 Name:
                                                               Title:
 Title:

 Taxpayer ID #                                                 ATTEST:
 [or Social Security # for sole proprietor]                                     City Clerk

 By:

                                                               APPROVED AS TO FORM
 Name:

 Title:                                                        By:
    [Delete these last 3 lines if not a corporation]                        City Attorney’s Office
ENERGY BILLING AUDIT & CONSULTING SERVICES    CITY OF SANTA ROSA                           RFP 08-34
                                                                                            Exhibit 1
                                                                                       Page 20 of 21



                                               ATTACHMENT ONE

                             INSURANCE REQUIREMENTS FOR CONSULTANTS

CONSULTANT shall, at all times during the terms of this Agreement, maintain and keep in full force and effect, the
following policies of insurance with minimum limits as indicated below and issued by insurers with AM Best ratings of
no less than A-:VI or otherwise acceptable to the CITY.

A Commercial general liability at least as broad as ISO CG 0001 (per occurrence)                    $1,000,000
  With an edition date prior to 2004 or its equivalent                 (aggregate)1                 $2,000,000

B Business auto coverage at least as broad as ICO CA 00012                        (per accident) $1,000,000

C Errors and Omissions liability 3                           (per claim & agg) $1,000,000

D Workers Compensation4                                                            Statutory
    Employer’s Liability                                                          $1,000,000
   1
       If insurance applies separately to this project/location, aggregate may be equal to per occurrence amount.
   Limits may be met by a combination of primary and excess insurance but excess shall provide coverage at least
   as broad as specified for underlying coverage.
   2
       Auto liability insurance shall cover owned, non-owned and hired autos. If CONSULTANT owns no vehicles,
   auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general
   liability policy. If CONSULTANT will use personal autos in any way on this project, CONSULTANT shall provide
   evidence of personal auto liability coverage.
   3
       CONSULTANT shall provide on a policy form appropriate to profession. If on a “claims made” basis,
   Insurance must show coverage date prior to start of work and it must be maintained for three years after
   completion of work.
   4
       Sole Proprietors must provide representation of their exempt status

Endorsements: All policies shall contain or be endorsed to contain the following provisions:

   Coverage shall not be canceled by either party, except after thirty (30) days prior written notice has been
   provided to the entity unless canceled for non-payment, and then ten (10) days notice shall be given.

Commercial General Policies are to contain, or be endorsed to contain the following provisions:

   For any claims related to this project, the CONSULTANT’s insurance coverage shall be primary and any
   insurance or self-insurance maintained by the CITY shall be excess of the CONSULTANT’s insurance and shall
   not contribute with it.

   The CITY of Santa Rosa, its officers, officials, employees and volunteers are to be named as additional insured
   on a form equivalent to CG20 10 with an edition date prior to 2004.
ENERGY BILLING AUDIT & CONSULTING SERVICES     CITY OF SANTA ROSA                             RFP 08-34
                                                                                               Exhibit 1
                                                                                          Page 21 of 21



Other Insurance Provisions

No policy required by this section shall prohibit CONSULTANT from waiving any right of recovery prior to loss.
CONSULTANT hereby waives such right with regard to the indemnitees.

All insurance coverage and limits provided by CONSULTANT and available or applicable to this agreement are
intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such
insurance coverage.

Self-insured retentions and/or deductibles above $5,000 must be approved by the CITY. At the CITY’s option, the
CONSULTANT may be required to provide financial guarantees.



Verification of Coverage and Certificates of Insurance

CONSULTANT shall furnish the CITY with original certificates and endorsements effecting coverage required above.
 Certificates and endorsements shall make reference to policy numbers. All certificates and endorsements are to be
received and approve by the CITY before work commences and must be in effect for the duration of the contract.
The CITY reserves the right to require complete, certified copies of all required policies and endorsements.

				
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