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HomeMy Public PortalAboutORD15394 BILL NO. 2015-1 SPONSORED BY COUNCILMAN Prather ORDINANCE NO. / 5 39 if AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH TRI-STEM, LTD, FOR UTILITY AUDITING SERVICES. WHEREAS, Tri-Stem, Ltd., has been selected as the firm best qualified to provide professional services related to the Utility Franchise / Utility Companies Auditing Services project; Section 1. Tri-Stem, Ltd., is hereby approved as the best qualified firm to provide professional services and its proposal is hereby accepted. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Tri-Stem Ltd., for Utility Franchise / Utility Companies Auditing Services. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Y `Aa4/1 Approved: V t 9015 act —r-vt v, da ' -T Presiding Officer Mayor C ATTEST:'` / APPROVED AS TO FORM: o.&i// /14 /441-A4 / City Tc elk =-. � ' City Counselor FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Proposal 2777 - Utility Franchise/Utility Companies & Utility Billing Audit Services, City Administrator, Opened February 26, 2015 RECOMMENDATION: Staff recommends award of a contract to Tri-Stem, LTD of Hewitt, Texas for Utility Audit Services. The firm will provide the services at a rate of 43% of recovered funds and estimates the timeline to be 390 days from start of services. PROPOSALS RECEIVED: Tri-Stem, LTD, Hewitt, TX Troy & Banks, Buffalo, NY PRA Government Services, LLC—DBA: RDS, Birmingham, AL Espy Services, Bedford, IN FISCAL NOTE: The firm has proposed a fee of 43% of the recovered funds. The City will receive 57% of any recovered funds. The firm will not invoice the City until or unless it receives funds as a result of their audit process. PAST PERFORMANCE: The City does not have experience with this firm; however, the evaluation committee found the firm's proposal to be the best offer received. Staff feels the firm will provide the services as specified and offered. ATTACHMENTS - SUPPORTING DOCUMENTATION Signature l ✓Op .A 4 ) 1•J • Purchasin Ag- tCity Administrator MEMORANDUM TO: Mayor and Council Members FROM: Steve Crowell, City Administra DATE: March 31, 2015 RE: RFP 2777 — Utility Franchise/Utility Companies and Utility Billing Audit Services The City sent the Request for Qualification packet to a total of thirteen firms. Four firms responded. The evaluation committee, Drew Hilpert, Bill Betts and myself, reviewed each response based on the criteria stated in the request. The committee has selected Tri-Stem of Hewitt, Texas as the best proposal received for Utility Franchise/Utility Company and Utility Billing Audit Services. The firm has proposed a fee of 43% of recovered funds. The firm will not invoice the City until or unless it receives funds as a result of their audit process. City of Jefferson Jefferson City,Missouri EVALUATION REPORT s RFP: 2777 E. = Subject: Utility Franchise/Utility Companies E < •.. and Utility Billing Audit Services E > > --t Z Dept Administration c� b' 2 _ t L a- n C b - = Li Criteria Demonstrated understanding of the project 20 18 18 20 15 and description of the proposed approach to the scope of work Finn's and any sub-contractor's experience 20 I S 15 20 15 in providing similar services to municipalities during the preceding five years. Preference will be given for experience with Missouri cities. Key personnel to be assigned to the City's 20 15 18 19 18 project and their experience with similar projects. Proposed schedule of work and timeline of 10 8 8 8 10 project Cost to complete the project 30 30 28.125 20.928 18 Total Points 100 87 87.125 87.928 76.33 Formula for Determining Cost Points: Low Proposal Proposal = x points assigned to cost=cost points I hereby attest that the points awarded to each bidder listed above were scored in accordance with the established evaluation criteria and represent my best judgment of the bid. As indicated by the highest total score, my selection of the bid which offers the lowest and best bid to the City of Jefferson is: Steve Crowell. Drew Hilpert. Bill Betts Signattt 2. % Date 4 _ / —ii Division Tit1ee-4-; /tet • .t i T Phonen3 6,3y Dept J — 62 06 CITY OF JEFFERSON UTILITY FRANCHISEIUTILITY COMPANIES AND UTILITY BILLING AUDIT SERVICES THIS CONTRACT is made and entered into the S"VO day of , 2015, by and between the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City," and Tri -Stem, Ltd., hereinafter referred to as "External Auditor" or "Auditor." WITNESSETH: WHEREAS, the City desires to engage an Auditor to render certain technical and professional services to conduct an audit of various utility company invoices for services rendered to she -City of Jefferson; Missouri,. to determine if -charges are invoiced correctly and the City is paying for services at the lowest appropriate rates, and an audit of utility providers doing business within the City to determine if the appropriate amount of revenue is being collected and forwarded to the City in timely manner, and WHEREAS, the Auditor made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Auditor for the performance of services by the Auditor. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Auditor as follows: 1. Scope of Services. The City agrees to engage the services of the Auditor to perform the services as specifically set out in the Audit Proposal which is incorporated herein for the audit of various utility company invoices for services rendered to the City of Jefferson, Missouri, and utility providers doing business within the City to determine if the appropriate amount of revenue is being collected and forwarded to the City in a timely manner. 2.. Additional Services. The City may add to the Auditor's services or delete therefrom activities of a similar nature to those set forth in The Proposal, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 6 hereof. The Auditor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the Finance Director and shall be accepted and countersigned by the Auditor or its agreed representatives. 3. Existing Data. All information, data and reports as are existing, available, and necessary for the carrying out of the work shall be furnished to the Auditor without charge by the City, and the City shall cooperate with the Auditor in every reasonable way in carrying out the scope of services. The Auditor shall not be liable for the accuracy of the information furnished by the City. 4. ' Personnel to be Provided. Auditor represents that the Auditor has or will secure at its expense all personnel required to perform the services called for under this contract by the Auditor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Auditor. All of the services required hereunder will be performed by the Auditor or under the Auditor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in the Proposal without the written approval of the City. 5. Notice to Proceed. The services of the Auditor shall commence as directed in the Notice of Proceed and shall be undertaken and completed in accordance with the schedule contained in the Proposal. 6. Compensation. The City agrees to pay the Auditor in accordance with the terms set forth in the Proposal, which shall constitute complete compensation for all services to be rendered under this contract. Upon receipt of a detailed invoice with appropriate back-up documentation, it is expressly understood that the total compensation to be paid to the External Auditor under the terms of this contract shall be 43% of funds recovered as a direct result of the Auditor services, whether funds be in the form of cash, credit to account, in-kind contributions or any other form of payment or reimbursement that may be given in lieu of a cash refund, but, shall not include any future ongoing reductions to utility billing. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. 7. Failure to Perform, Cancellation. If, through any cause, the External Auditor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Auditor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the External Auditor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The Auditor may without cause terminate this contract upon thirty (30) days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Auditor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Auditor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Auditor. 8. Assignment. The Auditor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee greement 4-3-15 (with TriStem revisions) - 2 - of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 9. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Auditor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Auditor without prior written approval of the City. 10. Nondiscrimination. The Auditor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of Auditor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 11. Independent Contractor. The Auditor is an independent contractor and nothing herein shall constitute or designate the Auditor or designate the Auditor or any of its employees as agents or employees of the City. 12. Benefits Not Available. The Auditor shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workmen's Compensation Program of the City. 13. Nonsolicitation. The Auditor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Auditor, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Auditor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 14. Books and Records. The Auditor and all his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this Contract, and shall make such materials available at their respective offices at all reasonable times during the Contract and for a period of three (3) years following completion of the Contract. 15. Delays. The Auditor shall not be liable for delays resulting from causes beyond the reasonable control of the Auditor; the Auditor has made no warranties, expressed or implied, which are not expressly set forth in this Contract; and under no circumstances will the External Auditor be liable for indirect or consequential damages. 16. Term. This contract shall be in effect for 390 calendar days from the date the Auditor is given the Notice to Proceed from the Director of Finance & IT of the City of Jefferson, Missouri. In the event that claims to any utility vendor(s) resulting from Auditor's work are still outstanding at the time of contract expiration, the term shall be extended until such time that final payment is received. greement 4-3-15 (with TriStem revisions) -3- 17. Illegal Immigration. Prior to commencement of the work: a. Auditor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Auditor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. C. If Auditor is a sole proprietorship, partnership, or limited partnership, contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed. 18. Notices. All notices required to be in writing may be given by first class mail addressed to the City of Jefferson, 320 East McCarty Street, Jefferson City, Missouri, 65101, and Auditor at Tri -Stem, Ltd., 704 Sun Valley Boulevard, Hewitt, Texas, 76643. The date of delivery of any notice shall be the second full day after the day of its mailing. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written. CITY OF JEFFERSON l Mayor ATTEST: le v,ID `City Clerk APPROVED AS TO FORM: City Counselor greement 4-3-15 (with TriStem revisions) - 4 - TRI -STEM, LTD. Title: Vag (d- ATTEST: d ATTEST: 3d ElzM'', =%