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HomeMy WebLinkAboutResolution #5003RESOLUTION NO. 5003 A RESOLUTION APPROVING A SNAPSHOT AUDIT AGREEMENT WITH THE SPYGLASS GROUP, LLC AND THE CITY OF CANTON AND DIRECTING THE MAYOR TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS WHEREAS, the Finance Committee of the City of Canton has determined that it is necessary and in the best interests of the City of Canton to enter into a snapshot audit agreement with The SpyGlass Group, LLC as set forth in Exhibit "A" attached hereto and incorporated herein to analyze its primary telecommunications service account to seek cost recovery, service elimination and cost reduction recommendations for the City of Canton; and WHEREAS, the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the Snapshot Audit Agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor of the City of Canton, Illinois, or his designee, is hereby authorized and directed to execute said snapshot audit agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 3rd day of March, 2015 Upon a roll call vote as follows: AYES: Aldermen Jim Nelson, Dave Pickel, Tad Putrich, Craig West, Angela Hale, Gerald Ellis, John Lovell, Justin Nelson NAYS: None ABSENT: None APPROVED: Jeffrey A. Fritz, Mayor Diana Pavley -Rock, City Clerk SpyGlass Snapshot Audit Agreement This agreement, effective as of the later of the dates of signature below ("Effective Date "), is between City of Canton ( "Company, and The SpyGlass Group, LLC, an Ohio limited liability company ( "Auditor"). 1. Primary Audit Services. Company is engaging Auditor as an independent contractor to analyze its primary telecommunications service accounts (local voice, long distance voice, data, Internet, and wireless) to seek cost recovery, service elimination and cost reduction recommendations. Auditor will deliver the recommendations to Company, implement recommendations that Company elects for Auditor to implement, and deliver a complete telecommunications inventory to Company. While Auditor Is performing its analysis, Company will not make changes or perform internal cost reduction analysis with respect to provider accounts which Company has included within the scope of Auditor's review. 2. Fees. Company will pay Auditor the applicable fee set forth below ONLY for Auditor recommendations implemented within twelve (12) months of Auditor delivering the recommendation to Company- * 50% of any "Cost Recovery", as defined below 12 times any "Service Elimination Savings% as defined below 12 times any "Cost Reduction Savings ", as defined below "Cost Recovery' is any refund, credit or compensation received by Company relating to past services or charges. "Service Elimination Savings` is any monthly cost reduction received by Company relating to cancellation of any service, including monthly usage cost reduction (calculated as the average of the last 2 months of usage costs associated with the cancelled service) "Cost Reduction Savings' is any monthly cost reduction received by Company relating to the modification, consolidation or negotiation of any service, account or contract, including post discount usage rate improvement (calculated as the (a) decrease In post discount per unit pricing realized by Company for any service, times (b) the average of Company's last two (2) months usage levels measured in such units for the modified service), 3. Invoicing and Payment. Fees for Cost Recovery are due as a one -time payment within 10 days of verification that Company has been issued the refund, credit or compensation resulting in such fees. Fees for Service Elimination Savings and Cost Reduction Savings are due as a one -time payment within 10 days of verification that the cancellation or other activity resulting in the Service Elimination Savings or Cost Reduction Savings has been completed. Auditor may Issue separate invoices as different fees are earned. 4. Miscellaneous. This agreement is governed by the laws of the State of Illinois without regard to principles of conflicts of taw, and may be executed by facsimile and simultaneously in multiple counterparts, Company agrees that Auditor does not warranty the overall performance, Company satistacaon, or data accuracy of any telecommunications related carrier, provider, software manufacturer or vendor at any time whatsoever during or after the term of this agreement. AUDITOR SHALL NOT BE LIABLE TO THE COMPANY FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE IN ADVANCE. iN ADDITION, IN NO EVENT SHALL AUDITOR'S LIABILITY TO COMPANY EXCEED THE FEES ACTUALLY PAID BY COMPANY TO AUDITOR. iN WITNESS WHEREOF, the parties hereto have executed this agreement as of the Effective Date. COMPANY City of Canton Signature: �; T�L aa`� Print Name: VJ(" I v_t _t t Ke AUDITOR The SpyGlass Grou , LC Signature: Print Name: Edward M. DeAngelo Date: FEB 2 5 2015