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HomeMy WebLinkAbout20-City Administrator C~TY OF SAN BER~ARDINof'.EQUEST ~OR COUNCIL ACTION From: FRED A. WILSCI!iI, Assistant to the City Adninistrator Dept: City Adninistrator Subject: APPROVAL CF AMBNI:mNr TO AGREEMENT Wl'l'B 0C1!iALD B. MAYRE FCR AlJDIT SERVICES RELATIVE TO GAS AND ELBC'l'RIC fRANCHISE AGRlmlmTS. Date: 6/19/90 Synopsis of Previous Council action: 10/16/89 - Resolution No. 89-405 adopted which approved an agreem.".t with Donald B. Maynor for audit services relative to gas and electric franchise agJ:"eelbt:I"lts. Recommended motion: Adopt Resolution. 1iJJL Signature Contact person: FRED A. WILSCI!iI Phone: 5122 Supporting data attached: YES Ward: N/A FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. DescriPtion) Finance: Council Notes: 75.0262 Agenda Item No ~O . CITY OF SAN BER,QRDINO - REQUEST 2R COUNCIL ACTION STAFF REPORT On October 16, 1989, the Mayor and Common Council adopted Resolution No. 89-405 which authorized the execution of an agreement with Donald H. Maynor relative to the performance of an audit on the City's gas and electric franchise agreements. The purpose of the audit was to discover franchise collection errors which could result in either the undercollection or noncollection of gas and electric franchise revenues as well as the associated utility users tax revenues which are collected by these franchises. Examples of the utility errors which were to be addressed by this audit included: 1. Large utility customers incorrectly coded as being located outside the City. 2. utility customer billed schedule resulting in franchise fees and utility under the wrong rate the undercollection of users tax. 3. Delays in including an annexation in the gas or electric franchise fee calculation. 4. Utility making a computational error in calculating the city's franchise fee. A Request for Information (RFI) package was mailed to both utilities after the Mayor and Common Council approved the agreement asking for very detailed information relating to the audit. Due to the detail requested in the RFI, both utilities requested additional time to compile the information. Southern California Edison also indicated that they had initiated a self audit to ensure that all city accounts were correctly coded for the City's franchise fee calculation. Edison's self audit which was completed in April resulted in an additional $14,000 in franchise fees to the City. These two items delayed the completion of the RFI. The Consultant's approach on the study from this point will be to request a completed RFI from each utility and to conduct an audit of the largest 250 franchise rate payers in the City to verify that these utility customers are being billed under the correct rate schedules to ensure that an undercollection of franchise fees and utility users tax is not occurring. The proposed amendment to the agreement will permit the ./ Consultant to initiate negotiations for payment to the City of any amounts which are identified in the audit as undercollection or noncollection of franchise fees and/or utility users tax. The amendment will also allow the Consultant to conduct any necessary litigation, with the consent and approval of the city Attorney, to recover any 75-0264 . 0 d1sputed amounts. The year is also included in o extension of the agreement for the agreement. one It is important to note that Mr. Maynor will only be compensated on a contingency basis. If the initial review does not reveal the potential for new revenues, the audit will be discontinued and the City will not incur any costs. If a more extensive audit is conducted, Mr. Maynor will be compensated based on the percentage of new revenues identified in the original agreement. ' D A. WILSON, ssistant to the City Administrator FAW/sh . 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH DONALD H. MAYNOR RELATIVE TO THE 3 PERFORMANCE OF AN AUDIT ON THE GAS AND ELECTRIC FRANCHISE AGREEMENTS. 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an amendment to the Agreement with Donald H. Maynor relative to the performance of an audit on the 10 gas and electric franchise agreements. SECTION 2. The authorization to execute the above 11 12 referenced agreement is rescinded if the parties to the agreement 13 fail to execute it within sixty (60) days of the passage of this resolution. 14 15 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / DAB/ses/E1ectric.res 1 June 18, 1990 16 10 11 12 14 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH DONALD H. MAYNOR RELATIVE TO THE 2 PERFORMANCE OF AN AUDIT ON THE GAS AND ELECTRIC FRANCHISE AGREEMENTS. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San 5 6 Bernardino at a meeting thereof, held on the day of , 1990, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ESTRADA 9 REILLY FLORES MAUDSLEY MINOR 13 POPE-LUDLAM MILLER 15 16 City Clerk The foregoing resolution is hereby approved this day of , 1990. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, Ci ty a;. ttorney d. By: -1-,? ~ o DAB/ses/Electric.res 2 June 18, 1990 " o o 1 FIRST AMENDMENT TO AGREEMENT 2 THIS AMENDMENT TO AGREEMENT is made and entered into this 3 day of , 1990, by and between the CITY OF 4 SAN BERNARDINO, hereinafter call~d "City", and DONALD H. MAYNOR, 5 hereinafter called "Consultant", 6 WITNESSETH: 7 WHEREAS, the parties entered into that certain Agreement 8 for Consultant's services dated October 17, 1989, and 10 NOW, THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS: 9 WHEREAS, the parties desire now to amend said Agreement, 11 1. Section 2.E. of said Agreement is. hereby amended to 12 read as follows: 13 "Upon a determination of an undercollection or 14 noncollection of franchise fees and/or utility users' 15 taxes under subsections above, Consultant shall advise 16 the City Administrator in writing of the nature and 18 17 amount of such revenues and taxes, and the likelihood 19 20 21 22 23 24 25 26 27 28 of successfully collecting these amounts. Consultant shall commence negotiations for payment to the City of the disputed amounts. If such negotiations are unsuccessful, Consultant, may conduct any necessary litigation on behalf of the City to collect such monies, with the prior consent and approval of the City Attorney, which consent shall not be unreasonably withheld. All complaints filed by Consultant shall receive the prior review and approval of the City Page 1 of 3 DAB/ses/Electric.res June 20, 1990 1 2 3 4 5 6 2. o o 7 as follows: Attorney, which approval shall not be unreasonably withheld. Consultant shall have no authority to settle any claim without the consent of the Mayor and Common Council of City, which consent shall not be unreasonably withheld." Section 4 of said Agreement is hereby amended to read 8 "The term of this agreement shall be for the 9 1990-91, 1991-92, 1992-93, 1993-94, and 1994-95 fiscal 10 11 12 13 3. years. The scope of the audit shall also include, at the Consultant's option, up to four years prior to 1990." 14 as follows: Section 9 of said Agreement is hereby amended to read 15 "City shall not be responsible to pay to 16 Consultant any amounts as noted in Paragraph 3 except 18 17 on funds actually received or savings received under Section 2. D. Furthermore, City shall owe Consultant 19 20 21 22 23 24 25 26 27 28 no fee hereunder with respect to Edison's $14,000 past payment to City in 1990 as a result of Edison's self- audit, provided, however, if Consultant's auditing activities reveals that Edison's $14,000 payment is inaccurate or inadequate, for any reason whatsoever, Consultant shall be entitled to receive a fee based on any recovery of "additional revenues" in excess of said $14,000, in accordance with the provisions of Page 2 of 3 DAB/ses/Electric.res June 20, 1990 . 13 14 15 o o 1 AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, AND DONALD H. MAYNOR. 2 3 4 5 this Agreement." 4. Except as amended herein, said Agreement shall remain in full force and effect. 6 7 IN WITNESS WHEREOF the parties hereto have executed this 8 9 Amendment to Agreement on the day and date first above shown. 10 By: 11 W.R. Holcomb, Mayor City of San Bernardino ATTEST: 12 City Clerk CONSULTANT 16 By: 17 APPROVED AS TO FORM AND LEGAL CONTENT: 18 19 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney i1 1 d By: ~~ . ~ C . Page 3 of 3 DAB/ses/E1ectric.res June 21, 1990