HomeMy WebLinkAboutResolution No. 05-41
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 05- 4-(
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, APPROVING THE TERMS AND CONDITIONS
OF THE PROFESSIONAL SERVICES CONTRACT BY AND
BETWEEN THE CITY OF THE COLONY AND TRlSTEM, LTD.
FOR AN AUDIT OF THE CITY'S UTILITY BILLS;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and Consultant have entered into an agreement such
that the Consultant is to provide the following services: Audit of the City's utility
bills; and
WHEREAS, the City has determined that it is in the best interest of the
City to enter into the Contract with TRISTEM, LTD., which is attached hereto
and incorporated herein by reference as Exhibit "A,"
under the terms and conditions provided therein.
WHEREAS, with this Contract the City of The Colony is agreeing to pay
a sum not to exceed 49% of refunds obtained for such work.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT
Section 1. The Professional Services Contract which is attached and
incorporated hereto as Exhibit "A", having been reviewed by the City Council of
the City of The Colony, Texas, and found to be acceptable and in the best interest
of the City and its citizens, be, and the same is hereby, in all things approved, and
the City Manager is hereby authorized to execute the Agreement on behalf of the
City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and
after its adoption and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 4th day of April, 2005.
ohn Dillard, Mayor
ity of The Colony, Texas
AC~ ffJ 1k.'Y-
Christie Wilson, City Secretary
TRISTEM, LTD.
CONSULTING AGREEMENT
THIS AGREEMENT, entered into this t.f day of, ,4 PI{ I L , 20 <1J ~ , by
and between -r"'t ~,-rV 0'::'" T'/..fE- ~Lo"",y hereinafter referred to as CLIENT, and
TRISTEM, LID, hereinafter referred to as TRISTEM or CONSULTANT, and covers the relationship of
CONSULTANT and CLIENT.
TRISTEM will conduct an audit and study of prior utility billing to determine that amounts paid by CLIENT
are correct. TRISTEM will also inform CLIENT if there is a possibility that CLIENT can qualify for a more
advantageous rate for future billing. TRISTEM will seek to obtain refunds for any past overbillings which
TRISTEM determines have occurred. As a fee for this service, CLIENT agrees to pay TRISTEM 49% of
any refunds CLIENT receives as a result ofTRISTEM'S services or audit process, or any part thereof
CONSULTANT'S fee is not due until CLIENT receives refund. CLIENT agrees to pay CONSULTANT'S
fee within 30 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 or reimbursement. If future considerations are given in lieu of
refunds, TRISTEM will receive the same percentage of the value of the future considerations, as TRISTEM
would have received for refunds obtained.
There are no "up-front" fees or service charges. ALL FUTURE SAVINGS GO TO CLIENT. If there are no
refunds or credits to CLIENT, there is no fee to CONSULTANT. The CONSULTANT may submit ideas,
however, to the CLIENT related to savings opportunities that would not generate a refund. The terms and
conditions of these special services will be negotiated on a case by case basis. The CLIENT will have a final
decision to proceed.
Credits and refunds from SBC known to the client as of the date of the contract and to be refunded to the client
are excluded from this contract.
CLIENT retains TRISTEM for audit services for:
V Electric
V' Others
Water
AGREED AND ACCEPTED:
CLIENT:
BY:
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Signature
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Title
DATE:
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TRISTEM,
BY:
DATE:
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