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Home My WebLink About020158 RES - 01/12/1988A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH DOUG ARNOLD AND ASSOCIATES TO AUDIT THE CITY'S TELECOMMUNICATIONS AND ELECTRICITY BILLINGS FOR THE PAST FOUR CALENDAR YEARS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a contract with Doug Arnold and Associates to audit the City's telecommunications and electricity billings for the past four calendar years, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: City Secretary M OR THE CI OF CORPUS CHRISTI, TEXAS APPROVED: i7-E� DAY OF �2Gfi» h', , 1917 HAL GEORGE, CITY ATTORNEY By Assis ant City Attorn 205rp007.res 20158 MICROFILMED CITY OF CORPUS CHRISTI TELECOMMUNICATIONS/ELECTRICITY AUDIT SERVICE CONTRACT THIS TELECOMMUNICATIONS/ELECTRICITY AUDIT SERVICE CONTRACT (this "Agreement") is by and between the City of Corpus Christi, a home -rule municipality (the "City"), and Doug Arnold and Associates, Inc. ("DA&A"). WHEREAS, the City desires to retain the services of DA&A for the purpose of conducting billing audits for services relating to telecommunications and electricity services. NOW, THEREFORE, in consideration of the premises herein contained, the City and DA&A agree as follows: 1. Services: DA&A shall conduct an inventory and audit of the City's existing telecommunication system and perform a reconciliation of billing discrepancies for the past four calendar years (1984, 1985, 1986 and 1987). This shall include: (a) a physical inventory of all telephone equipment and lines at all City locations; (b) a comparison of inventory results with vendor billing records to determine discrepancies or billing errors; (c) a reconciliation of all discrepancies to recover monies due the City as a result of such discrepancies; (d) representation of the City with all appropriate telecommunication vendors to recover all credits due and make all necessary corrections to monthly bills; and (e) a detail report and accounting of the inventory results to the Director of Finance. DA&A shall provide an audit and reconciliation of existing electrical billings for the past four calendar years (1984, 1985, 1986 and 1987). This shall include: (a) a review of past electrical billings to determine if any discrepancies or billing errors exist; (b) the reconciliation of all discrepancies to recover monies due the City as a result of such discrepancies; and (c) representation of the City in all efforts to recover credits due and make all necessary corrections to monthly bills. 501rp008.agr.be 1 All discrepancies found from the above audit shall be discussed with the City prior to DA&A undertaking any negotiations with the applicable vendor for the purposes of billing corrections, reductions or presentment of any claims for refunds. The approval of the City shall be granted by the City Manager, the Director of Finance, or their designees. Upon completion of the above services, DA&A shall review current procedures for accounts payable and provide written recommendations for modification of such procedures if necessary. The audit services and inventory report shall be completed within 120 days from the date of execution of this Agreement. Compensation for proceeds refunded to the City pursuant to this Agreement shall be payable from amounts actually received by City during the 12 months following execution of this Agreement. DA&A shall have no right or interest in amounts received by the City as refunds after the 12 -month period. This Agreement shall terminate effective one year from the date of execution by the City Manager. 2. Compensation: As compensation for these services, the City shall pay DA&A from amounts credited and received by the City, excluding any amounts refunded for payment of sales tax, as follows: (a) from the first Fifteen Thousand Dollars ($15,000.00) refunded and received by the City of Corpus Christi none shall be paid to DA&A; (b) upon payment of the initial Fifteen Thousand Dollars refunded pursuant to this Agreement, the next Five Thousand Dollars ($5,000.00) collection shall be paid to DA&A; (c) all remaining refunds collected over Twenty Thousand Dollars ($20,000.00) shall be allocated Sixty Percent (60%) to the City of Corpus Christi and Forty Percent (40%) to DA&A. All compensation as provided above shall also constitute payment for any amounts of any present or future sales, use, excise, or other similar tax applicable to the sale of services provided hereunder. 3. Indemnity: DA&A shall indemnify and hold the City harmless from and against all claims, demands, actions, liabilities, losses or damages and expenses of every kind in character whatsoever, incurred in connection with the collection practices instituted on behalf of the City pursuant to this Agreement. 501rp008.agr.be 2 4. Independent Contractor: DA&A agrees that services to be provided under this Agreement shall be provided by employees of DA&A as an independent contractor. All employees of DA&A shall not have any contractual relationship with the City. All services required by this Agreement shall be performed by DA&A and all employees shall be fully qualified and authorized under state and local law to perform such services. None of this service shall be sub -contracted without the prior written approval of the City. 5. General Provisions: (a) This Agreement shall be construed under and in accordance with the laws of the State of Texas. (b) In case any one or more of the provisions contain in this Agreement shall be held to invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provisions, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been included. (c) The provisions of this Agreement incorporate by reference any specifications as acknowledged by DA&A in its response to the City's request for proposals. (d) This Agreement, including such specifications from the request for proposals as incorporated herein, is the complete and exclusive agreement and understanding between the parties. No waiver, alteration, or modification of any of the provisions hereof shall be binding unless in writing signed by the duly authorized signatory of both parties. (e) Any reports, information, data, or studies assembled by DA&A under this Agreement shall be kept confidential and shall not be made available to any party without the prior written approval of the City. During regular business hours and as often as the City deems necessary, DA&A will make available for examination by the City, or its duly authorized agent, accountant, or legal representative, all of its records and data with respect to matters covered by this Agreement. DA&A shall permit the City to audit, examine, and make excerpts, copies, or transcripts from such records and to make audits of all agreements, invoices, materials and other data relating to matters covered by this Agreement. (f) DA&A agrees that during the performance of this Agreement it will: 1) Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap. 501rp008.agr.be 3 (9) 2) Identify itself as an "equal opportunity employer" in all advertising or requests. DA&A shall be advised of any complaints filed with the City alleging that DA&A is not an equal opportunity employer. DA&A agrees to comply with the conflict of interest provisions of the City of Corpus Christi Charter and Code of Ordinances. DA&A agrees to maintain current, updated disclosure of information on file with the City's Purchasing Office throughout the term of this Agreement. (h) Notices to be given under here shall be deemed sufficiently served if and when deposited in the United States Post Office postage pre -paid and addressed to DA&A or City at the respective offices set forth below: DA&A: Doug Arnold & Associates, Inc. 1919 S. Shiloh, Suite 205 Garland, Texas 75042 City: City of Corpus Christi Department of Finance P. 0. Box 9277 Corpus Christi, Texas 78469 IN WITNESS WHEREOF, this Agreement is executed to be effective as of , 1987. ATTEST: The City of Corpus Christi By Amando Chapa, City Secretary Craig A. McDowell, City Manager APPROVED: day of , 1987 HAL GEORGE, CITY ATTORNEY By Ruben Perez, Assistant City Attorney DOUG ARNOLD & ASSOCIATES, INC. By Title: PAo5 Date: , J J Z) ( 9 7 501rp008.agr.be 4 The above resolution Betty N. Turner David Berlanga, Sr. Leo Guerrero Cl if Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.066.01 Corpus Christi, Texas l a+h day o , 198 g was passed by the following vote: 161"--P (LtGat& 0}-t 20158