Loading...
HomeMy WebLinkAbout7325RESOLUTION NO. 7325 A RESOLUTION AUTHORIZING UTILITY AUDIT SERVICES, INC., TO CONDUCT AN AUDIT FOR THE CITY OF PUEBLO UTILITY BILLINGS WHEREAS, Utility Audit Services, Inc. will conduct various audits for the City of Pueblo on electricity, gas and telephone billings, and; WHEREAS, Utility Audit Services Inc. has agreed there will be no charge to the City of Pueblo, and; WHEREAS, the total compensation to Utility Audit Services Inc. will be 50 percent of the savings for excess charges to the City of Pueblo that occurred in the past year; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 The attached agreement represents both parties' intentions for the purpose of the City of Pueblo Utility Audit. INTRODUCED March 28 1994 BY JOHN CALIFAND .Councilperson ATTEST: City Cler AGREEMENT 7ff THIS AGREEMENT is made and entered into this day of " L' rt , 1994, by and between Audit Utility Services (hereinafter referred to as "Contractor ") and City of Pueblo, Colorado, a municipal corporation (hereinafter referred to as City "). WITNESSETH: WHEREAS, the City would like to have an audit performed on certain of its utility bills to determine if there are errors or overcharges in the billings which would result in refunds, credits or savings to the City; and WHEREAS, the Contractor is experienced in performing such audit services and has made a proposal to the City; and WHEREAS, the parties desire to enter into an Agreement for the provision of such audit services to the City. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: OBLIGATIONS OF CONTRACTOR A. Contractor shall perform an audit and specified audit services of the following City utility bills: 1. Electricity (to include street lighting): (a) proper billing address, (b) account numbers verified, (c) type of service, (d) bill codes, (e) proper meter readings, (f) proper energy usage, (g) proper billing demands, (h) proper rate structure - if correct, bring recommendations to City and correct only with approval of the City, (i) proper base amounts, 0) proper ECA amounts, (k) proper franchise fees, (1) tax structure, (m) proper energy charges, (n) test all meters (reading correctly). 2. Gas: (a) proper billing address, (b) proper account numbers, (c) type of service, (d) proper meter readings, (e) proper energy usage, (f) proper rate structure - i f correct, bring recommendations to City and correct only with approval of the city, (g) proper base amounts, (h) proper GCA amounts, 0) tax structure, (k) verify all transport gas, (1) test all meters (reading correctly), (m) transport gas (recommendations where applicable). 3. U.S. West Phone Lines (a) verify monthly service charges, (b) verify cost per line, (c) verify custom centron contracts, (d) verify service and equipment charges, (e) verify U.S. West Direct charges, (f) tax structure, (g) verify optional services and charges - directory listing, hunting features, etc., (h) verify NARS - are they adequate ?, (i) verify PBX systems, 0) verify all phone lines, (k) give recommendations of all plans available to reduce cost to the City, (1) proper franchise fees. What available contracts are given by U.S. West, etc.? 4. Long Distance (a) verify long distance plans, (b) verify charges (U.S. West, Sprint, MCI, etc.), (c) discuss management reports available rather than having the bill in chronological order, (d) discuss bills being charges in one minutes increments versus six second increments, (e) show how the City can pay between .05 and .13 per minutes for long distance usage, (f) show how the City can avoid all instate calls through U.S. West, which bills between .25 and .36 per minutes and obtain between .05 to .13 per minute for long distance usage. B. Contractor will audit the City's utility bills and verify for any errors or overcharges which would result in refunds, credits, or future savings to the City. Upon approval of the City, Contractor will process any request for refunds or credits from the utility companies, and implement any changes which would result in future savings to the City. C. Contractor will be available for any consultation with the City for the period of one year from the completion of the audits at no charge to the City. D. Contractor shall, at its sole cost and expense, procure and maintain during the entire period of its performance hereunder, the following coverage and limits of insurance with companies acceptable to City: 1. Workers' Compensation (including occupational disease) and Employer's Liability insurance in accordance with any applicable workers' compensation laws on all employees, servants, and/or agents connected with or engaged in the performance of Contractor's obligations hereunder. 2. Comprehensive General Public Liability insurance with personal injury and property damage limits in a combined single limit of not less than $600,000 per occurrence and (1,200,000 annual aggregate. Said policy(ies) shall include Completed Operations and /or Product Liability coverage and Contractual Liability coverage for any liability assumed under the terms of this Agreement. Coverages enumerated in this insurance provision represent only the minimum insurance required by City and Contractor should rely on its expertise to obtain any additional insurance coverage needed for the City and Contractor in its performance hereunder. if requested by City, Contractor shall provide City with certificates of insurance indicating Contractor is covered by insurance as set forth above. Where requested and furnished, such certificates must be approved by City prior to the commencement of any work hereunder. Each such certificate shall provide that City shall receive thirty (30) days prior written notice of cancellation of such insurance coverage. E. The parties understand and agree that the Contractor shall, at all times during the tern of this Agreement, be deemed an independent contractor and not an employee of the City, and shall -2- be solely responsible for all acts and omissions of Contractor, its agents and employees and for all withholding, social security and unemployment taxes payable with respect to Contractor and its employees, and shall indemnify and hold the City harri less from and against any and all claims and liabilities therefor. H. OBLIGATIONS OF CITY A. City shall specify the period for which Contractor will audit and shall provide Contractor with al l necessary data or records in possession of the City to perform the audits. B. The parties understand and agree that there will be no charge to the City if there are no refunds or credits due to the City from utility bills for the specified period audited by Contractor. C. As full and complete compensation for services rendered by Contractor hereunder, City agrees that if a refund or credit is received by the City as a result of Contractor's audits of utility bills for the period specified by the City, Contractor shall receive fifty percent (50 %) of the refund or credit amount, within thirty (30) days after receipt thereof by City. II1. TERM /TERMINATION This Agreement shall remain in effect from date hereof through completion of Contractor's audits or six months from date hereof, whichever occurs first. IV. MISCELLANEOUS A. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No variation or modification of this Agreement, and no waiver of any of the Agreement's provisions or conditions, shall be binding unless made in writing and signed by duly authorized representatives of the parties hereto. This Agreement shall be governed by, and construed according to, the laws of the State of Colorado. B. This Agreement shall be binding on, and inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors, and assigns. Any delegation of activities under or assignment of this Agreement by either party without the prior written consent of the other party shall be void. C. Contractor shall indemnify and hold harmless the City, its officers, agents, and employees from and against any and all claims, demands, actions, suits or liability, including cost of' defense, of any kind or nature whatsoever arising under any applicable worker's compensation laws or resulting, directly or indirectly, from any negligent or intentional act or failure to act on the part of Contractor, its employees, or agents except to the extent that Such liability is solely caused by the negligent or intentional acts of the City, its officers, agents, or employees. Notwithstanding, -3- anything contained herein to the contrary, any liability of the City hereunder shall be subject to the limits on City liability contained in the provisions of the Colorado Governmental Immunity Act. D. All notices to be given under this Agreement shall be made in writing and shall be sufficient if delivered personally or mailed by First Class United States mail, postage prepaid, to the other party at the following addresses: Utility Audit Services Attention: Mike Vigil P. O. Box 4381 Highlands Ranch, CO 80126 City of Pueblo Attention: Director of Finance City Hall, 1 City Hall Place Pueblo, CO 81003 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first above written. ATTEST: C4 Clerk ATTEST: Secretary CITY OF PUEBLO, A UNICIPAL CORPORATION By r dent of th City Council UTILITY .fYU6 SLI V—Es- I�IC. By resident -4-