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Home My WebLink AboutR-2014-099 Tri-Stem Utility Billing and Payment Audit RESOLUTION NO. R- 2014-099 A RESOLUTION APPROVING AN AGREEMENT WITH TRI-STEM FOR UTILITY BILLING AND PAYMENT AUDIT. WHEREAS, TriStem, Ltd. performs utility billing and payment audit services; and WHEREAS, TriStem was recently selected by the City of Lee's Summit, Missouri pursuant to a competitive selection process to provide these types of services; and WHEREAS, TriStem agreed to extend the agreed upon services under the same terms agreed upon with Lee's Summit to other public entities; and WHEREAS, the City of Riverside's City Code authorizes cooperative procurement, which the City finds is in its best interest with respect to TriStem. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Board of Aldermen ("Board") hereby approves the Consulting Agreement (a copy of which is attached hereto in its substantial form) with Tristem, Ltd.; and FURTHER THAT the Mayor, the City Administrator, the Finance Director, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND AIPOLPTEDthe Board of Aldermen of the City of Riverside, Missouri,the day of 2014. �D Ma or Kathleen L. Rose ATTESM - RobiifLittrell,.City Clerk SERVICES AGREEMENT THIS AGREEMENT is entered into as of theday of 2014 (the "Effective Date"), by and between TriStem, Ltd., (the "Consultant") nd the City of Riverside, Missouri, a Missouri municipal corporation(the "City"). WHEREAS, the City desires to engage the Consultant to provide services to the City regarding utility billing and payment audit services as more fully described in Section 2. NOW, THEREFORE, in consideration of the promises and mutual covenants between the parties and for other good and valuable consideration the receipt of which is acknowledged by the parties, they agree as follows. 1. Term of Agreement. The term of this Agreement shall begin on the Effective Date and shall continue for such time as required to complete those tasks contemplated in Section 2. 2. Scope of Services and Compensation. The Consultant shall provide the Project Services described below, and in so doing will hire, train, supervise, direct the work of, and discharge all personnel engaged by them to perform the Project Services. The Consultant is solely responsible for payment of wages, salaries, fringe benefits and other compensation of, or claimed by, the Consultant's personnel in the performance of the Project Services, including, without limitation, contributions to any employee benefit plans and all payroll taxes. The Consultant will utilize the personal services of its staff to deliver the Project Services. The Consultant may also engage third-party contractors and other parties in connection with its performance of the Project Services, subject to prior approval by the City. Consultant will conduct an audit and study of prior utility billing and payments (including street light bills) to determine that amounts paid have been accurate. Consultant will also inform the City if there are alternative rates under which the City's accounts would incur savings. The Consultant will notify the City of the results of the audit and study and will seek to obtain refunds for any past overbillings which the Consultant determines have occurred, and will seek to recover underpayments that have occurred from the City's agreements with franchised utilities. As a fee for these services, the City agrees to pay the Consultant 43% of any funds the City receives from its utility providers as a result of the Consultant's services or audit process, or any part thereof. The Consultant's fee is not due until the City receives funds from utility provider(s). The City agrees to pay the Consultant's fee within ten days of receipt of refund, whether refund is in the form of cash, credit to accounts, in-kind contributions or any other form of payment of reimbursement. If future considerations are given in lieu of refunds, the Consultant will receive the same percentage of the value of the future considerations as the Consultant would have received for the refunds obtained. There are no "up-front" fees or service charges. All future savings go to the City. If there are no refunds or credits to the City, there is no fee to the Consultant. The City retains the Consultants for the following audit services (check for desired services): X Electric (including street lights) x Natural Gas x Water x Sewer Telephone _x_Franchise Revenue (except related to Telephone under litigation) 3. General Terms and Conditions A. The City's Responsibilities. The City shall give prompt notice to the Consultant of any matters of which the City becomes aware that may affect the Project Services of the Consultant. The City shall cooperate with the Consultant in performing the Project Services by making available at reasonable times and places relevant City documents and pertinent City officers and employees to advise, assist, consult and direct the Consultant. B. Relationship of Parties. It is the intent of the parties that the Consultant shall be an independent contractor in its capacity hereunder. Nothing herein shall be construed to create an employer-employee relationship. All services performed pursuant to this Agreement shall be performed by the Consultant as an independent contractor. The Consultant shall not have the power to bind or obligate the City except as set forth in this Agreement or as otherwise approved by the City in writing. C. Entire Agreement; Governing Law. This Agreement constitutes the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and negotiations with respect thereto. This Agreement may be amended only by a written instrument signed by all parties. This Agreement shall be governed by the laws of the State of Missouri. In the event this Agreement is litigated, venue shall be proper only in the Circuit Court of Platte County, Missouri. D. Counterparts. This Agreement may be executed in separate counterparts. E. Assignment. Neither the City nor the Consultant shall assign any rights or duties under this Agreement without the prior written consent of the other party, which consent may be granted or withheld in such other parry's absolute discretion. Nothing contained in this Section shall prevent the Consultant from engaging independent consultants, associates, and subcontractors to assist in performance of the Project Services subject to prior approval by the City. F. No Third Party Rights. The provisions of this Agreement shall not be deemed to create any third party benefit hereunder for any member of the public or to authorize any one, not a party hereto, to maintain suit pursuant to the terms of this Agreement. G. Indemnification and Hold Harmless. Consultant shall indemnify and hold harmless City and its officers, agents, employees, elected or appointed officials, and attorneys, each in their official and individual capacities, from and against judgments, damages, losses, expenses, including reasonable attorneys' fees, to the extent caused by the negligent acts, errors, omissions, or willful misconduct of Consultant, or its employees, or subcontractors, in the performance of Consultant's duties under this Agreement, or any supplements or amendments thereto. IN WITNESS WHEREOF, the Consultant and the City have executed this Agreement as of the Effective Date. TRISTEM, LTD.: Name: r .r- . Title: ��i` , {4,f) Dated: CITY OF RIVERSIDE, MISSOURI: By: Zua�u Name: Kathleen L. Rose Title: Mayor Dated: ��- /8, a.0/y By: Name: Gregory P. Mills Title: CityAdministrator Dated: @ WORK AUTHORIZATION AFFIDAVIT PURSUANT TO 285.530, RSMo STATE OF MISSOURI ) ss. COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared rn, 1tno,^1 , who, being duly sworn, states on his oath or affirmation as follows: 1. My name is T t S� o, P.n �� and I am currently the 0r�",�vo- of , t-,4 (hereinafter "Contractor'.), whose business address is 111L let +i EY rkkN 5, and I am authorized to make this Affidavit. J 2. I am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts stated herein. 3. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the provisions of the Agreement. 4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. Affiant Printed Name Subscribed and swom to before me this jd day of Nc„e,m bet— , 2014. &, Notary Puftlic ^= io`,• rc COURTNEY BALKO . ;+ My Commission Expires ar;e+� August 27,2017 Company ID Number: "gg34 Approved by: - - Employer ----- -- ---- -- — -. T^Stem !;d Name (Please Type or Print? Title T,:sra kle- Signature Date Department of Homeland Security - Verification Division Name (Please Type or Print) Ti}la USCiS ve'Saho- D:v,so❑ Signature Cate