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HomeMy WebLinkAboutContract 40742 (2)STOWS & CO June 23, 2010 Ms. Mirenda McQuagge Direct — Comm. Services City of Bedford 2000 Forest Ridge Drive Bedford, TX 76021 Ms. Melanie Harden Director of General Services Town of Flower Mound 2121 Cross Timbers Road Flower Mound, Texas 75028 Ms. Mary Smith Director of Finance City of Rockwall 385 S. Goliad Street Rockwall, Texas 75087 Ms. Ann Honza Assistant Director of Finance City of Rowlett 4002 Main Street Rowlett, Texas 75088 Dear City Representatives: InSE ti:$MI comAcT ma LW , Ms. Cristy Daniell Assistant City Manager City of Belton 333 Water Street Belton, Texas 76513 Ms. Bridgette Garrett Director — Finance City of Fort Worth 1 000 Throckmorton Street Fort Worth, Texas 76201 Ms. Carolyn Lawrence Finance Director City of Sweetwater 200 East 4`h Street Sweetwater, Texas 79556 1300 E Lookout Drive, Ste 100 Richardson, TX 15082 t 912 680 2000 f 972 680 2007 515 Congress Avenue, Ste 1515 Austin, TX 78701 t 512 479 7900 f 512 479 7905 Mr. Mike Collins Dir. of ED and Admin. Services City of Euless 201 N. Ector Drive Euless, Texas 76039 Ms. Barbara Mann Finance Manager City of Richland Hills 3200 Diana Drive Richland Hills, Texas 76118 Ms. June Skerik Budget Manager City of Waco 300 Austin Avenue Waco, Texas 76702 J. Stowe & Co, LLC ("J Stowe & Co.") is pleased to propose its services to a coalition of Cities served by Oncor Electric Delivery Co. LLC ("Oncor") regarding a review of franchise fees paid to the Cities. Ms. Connie Cannady, who will be conducting the analysis, has completed numerous studies to assist franchising authorities in determining franchise fee computational compliance.' Ms. Cannady is highly qualified to provide assistance to the Cities based on the following: • Over twenty-five (25 4) years of experience in dealing with franchising and regulatory issues before various governmental entities concerning utility E Ms. Cannady may be assisted by other J. Stowe & Co. staff as required. 1 Iowever, she will be responsible for the overall conduct of the engagement and wil! participate in the day-to-day analyses. 08-26-10 PO4 : 13 IN PEDAL RECORD CITY SECRETARY .r� + WORTH, `Tic TX City Representatives June 23, 2010 Page 2 services; • Significant experience in evaluating performance aspects of utility service providers; and • Significant experience in assisting municipalities negotiate with service providers regarding franchise fees, service levels, service rates and other franchise requirements. The following proposal provides a more detailed description of the project scope and the proposed project fees and expenses. Please note that the proposed costs are based on project activities identified within the proposal and can be modified in the event that specific activities are determined to be outside of the Cities' requirements. PROJECT SCOPE The following provides a brief outline of the project activities that J. Stowe & Co. will perform during the course of the engagement: Task 1: Prepare Detailed Requests for Information We will prepare a detailed information request to be submitted to Oncor concerning the payments made to each participating City for the period January 2008 through the first quarter 2010. These requests will include, but not be limited to, the following: • • • • • • • Supporting documentation underlying the computation of franchise fees Verification of appropriate kWh factors Changes in accounting policies related to energy usage Energy usage for the review period Explanation for significant changes in energy usage, where noted Details concerning charges to REPs related to franchise fees Details concerning reporting of revenue for miscellaneous service charges Changes in rates for miscellaneous service charges Details concerning any unbilled usage Task 2: Analyses Subtask 1: On -Site Review After review of Oncor's responses to the RFI, we will request that the actual books and records of the utility be made available for review. J. Stowe & Co. will coordinate with OFFICIAL RECORD GIP( SECRETARY Fs W R T R iner 1 r _-ram City Representatives June 23, 2010 Page 3 the utility to determine the most efficient method by which such records can be made available. Subtask 2: Franchise Fee Analyses The major activities that will be conducted include: Reconcile Oncor's energy deliveries to those used in the computation of franchise fee payments received by the City • Determine accuracy of payments related to miscellaneous service charges • Clarify with representatives from Oncor any issues arising from review of the recent franchise fee payments Task 3: Preparation of Report At the conclusion of the analyses, J Stowe & Co, will prepare a preliminary written report for each of the participating Cities, which details the results of the analyses and provides recommendations, where appropriate. The report will include a discussion of any issues that were identified during Task 2 above, and provide a summary of any discussions held with Oncor representatives. After a meeting with City representatives to discuss the findings, we will finalize the report.2 PROJECT COST J. Stowe & Co. estimates that the professional fees required to conduct the PROJECT SCOPE identified above are not -to -exceed $2,000, plus out-of-pocket expenses, for each participating City. This cost assumes that all of the above ten Cities participate, or at least ten total cities participate.3 If the number of participants is less than ten, the professional fees are increased to $2,500 for each City, plus out-of-pocket expenses. Out-of-pocket expenses will be limited to $100.00 for the total project unless travel outside of the Dallas/Fort Worth area is required. J Stowe & Co, bills its clients monthly based on actual hours worked, plus out-of-pocket expenses. In the event that the actual hours spent in conducting the enumerated activities are less than those used in the development of the not -to -exceed proposed costs, the Cities will be billed only for the actual hours. However, if the actual hours exceed the estimate, the Cities will only be billed up to the not -to -exceed cost, plus out-of-pocket expenses. 2 With respect to the PROJECT SCOPE, the proposed project cost includes l % hours of meeting time for discussion with Cities. Additional time requirements for meetings/presentations regarding findings will be billed at an hourly rate of $195.00. To the extent that any of the above Cities choose not to proceed, but other cities join the coalition for a total of ten or more participating cities, the cost per City will not exceed $2,000, plus out-of-pocket expenses. OFFICIAL itCORD CITY SECRETARY Ft WORTH TX. p.1 7 City Representatives June 23, 2010 Page4 ACCEPTANCE J Stowe & Co. greatly appreciates this opportunity to work again with the Cities served by Oncor. If this letter is in agreement with the Cities' understanding as to the scope of services to be provided and the associated fees, please execute one copy and return it to Ms. Connie Cannady at the following address: J. Stowe & Co. 130013. Lookout, Suite 100 Richardson, Texas 75082 If you have any questions regarding the proposed project activities and/or proposed costs, please feel free to contact Ms. Connie Cannady at 972.680.2000. Very truly yours, ,e J. Stowe & Co., LLC CITY OF BEDFORD By: Title: Date: CITY OF BELTON By:.. Title: Date: CITY OF EULESS By: Title: Date: OFFICIAL RECORD CITY SECRETARY reT ivnFt'ta. TX City Representatives June 23, 2010 Page 5 TOWN OF FLOWER MOUND By: Title: Date: CITY OF FORT ORTH C�f2> ye By,, _�%" �. ' Y- �fy J � / H ��-�"_ 1s-is y�i Title: Date: Z _ Zs 4- t • o 9, /0 CITY OF RICHLAND HILLS By: Title: Date: e CITY OF ROC'A L L By: Tale: Date: CITY OF SWEETWATER By: Title: Date: Attested by: Marty Hendth, [OFF;CIAL RECORD j CITY SECRETARY R - H TX i� A u ��.1t _AlQa0A1 ATTORNPYI y Secretary ntowireteuti, o-_ FOf 000°°°°0 4 a City Representatives June 23, 2010 Page 6 CITY OF WACO By: Title: Date: CITY OF ROWLETT By: Title: Date: OFFICIAL RECORD !, cry SECRETARY 14 nswpyT •T August 26, 2010 TO: Marty Hendrix City Secretary } Fr: Bridgette Garrett Utility Administrato RE: Letter Contract with J. Stowe & Co. Marty I have misplaced the copy of this document with the original signatures; please use the attached as the original. Additionally, our contract with J. Stowe & Co. does not require the signatures of the other city representatives. Call me if you have any questions. Thank you. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 08-26-10 PO4:13 IN FORT WORTH INTEROFFICE MEMO TO: Bridgette Garrett, Law Department FROM: Allison Tidwell, City Secretary's Office DATE: July 15, 2010 SUBJECT: CONTRACT FOR REVIEW BY J. STOWE & CO. OF FRANCHISE FEES PAID BY ONCOR ELECTRIC DELIVERY SERVICE TO VARIOUS MUNICIPALITIES These documents are being forwarded to you for original signatures from the Town of Flower Mound and the Cities of Richland Hills, Rockwall, Sweetwater, Waco and Rowlett. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 3 sets STOWE &cO June 23, 2010 Ms. Mirenda McQuagge Direct - Comm. Services City of Bedford 2000 Forest Ridge Drive Bedford, TX 76021 Ms. Melanie Harden Director of General Services Town of Flower Mound 2121 Cross Timbers Road Flower Mound, Texas 75028 Ms. Mary Smith Director of Finance City of Rockwall 385 S. Goliad Street Rockwall, Texas 75087 Ms. Ann Honza Assistant Director of Finance City of Rowlett 4002 Main Street Rowlett, Texas 75088 Dear City Representatives: CITY SECRETARY CONTRACT NO.__ Ms. Cristy Daniell Assistant City Manager City of Belton 333 Water Street Belton, Texas 76513 Ms. Bridgette Garrett Director - Finance City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76201 Ms. Carolyn Lawrence Fmance Director City of Sweetwater 200 East 4rb Street Sweetwater, Texas 79556 1300 E lookout Drive, Ste 100 Richardson, TX 75082 t 972 680 2000 f 972 680 2007 515 Congress Avenue, Ste 1515 Austin, TX 78701 t 512 479 7900 f 512 479 7905 Mr. Mike Collins Dir. of ED and Admin. Services City of Euless 201 N. Ector Drive Euless, Texas 76039 Ms Barbara Mann Finance Manager City of Richland Hills 3200 Diana Drive Richland Hills, Texas 76118 Ms. June Skerik Budget Manager City of Waco 300 Austin Avenue Waco, Texas 76702 1 J. Stowe & Co LLC ("J Stowe & Co.") is pleased to propose its services to a coalition of Cities served by Oncor Electric Delivery Co. LLC (` Oncor") regarding a review of franchise fees paid to the Cities. Ms. Connie Cannady, who will be conducting the analysis, has completed numerous studies to assist franchising authorities in determining franchise fee computational compliance.' Ms. Cannady is highly qualified to provide assistance to the Cities based on the following: • Over twenty-five (25+) years of experience in dealing with franchising and regulatory issues before various governmental entities concerning utility 1 Ms. Cannady may be assisted by other J. Stowe & Co. staff as required. However, she will be responsible for the overall conduct of the engagement and will participate in the day-to-day analyses. 07-13-10 A10:57 IN City Representatives June 23 2010 Page 2 services; • Significant experience in evaluating performance aspects of utility service providers; and • Significant experience in assisting municipalities negotiate with service providers regarding franchise fees, service levels, service rates and other franchise requirements. The following proposal provides a more detailed description of the project scope and the proposed project fees and expenses. Please note that the proposed costs are based on project activities identified within the proposal and can be modified in the event that specific activities are determined to be outside of the Cities' requirements. PROJECT SCOPE The following provides a brief outline of the project activities that J. Stowe & Co. will perform during the course of the engagement: Task 1: Prepare Detailed Requests for Information We will prepare a detailed information request to be submitted to Oncor concerning the payments made to each participating City for the period January 2008 through the first quarter 2010. These requests will include, but not be limited to, the following: • Supporting documentation underlying the computation of franchise fees • Verification of appropriate kWh factors • Changes in accounting policies related to energy usage • Energy usage for the review period • Explanation for significant changes in energy usage, where noted • Details concerning charges to REPs related to franchise fees • Details concerning reporting of revenue for miscellaneous service charges • Changes m rates for miscellaneous service charges • Details concerning any unbilled usage Task 2: Analyses Subtask 1: On -Site Review After review of Oncor's responses to the RFI, we will request that the actual books and records of the utility be made available for review. J. Stowe & Co. will coordinate with City Representatives June 23 2010 Page 3 the utility to determine the most efficient method by which such records can be made available. Subtask 2: Franchise Fee Analyses The major activities that will be conducted include: • Reconcile Oncor's energy deliveries to those used in the computation of franchise fee payments received by the City • Determine accuracy of payments related to miscellaneous service charges • Clarify with representatives from Oncor any issues arising from review of the recent franchise fee payments Task 3: Preparation of Report At the conclusion of the analyses, J Stowe & Co. will prepare a preliminary written report for each of the participating Cities which details the results of the analyses and provides recommendations, where appropriate. The report will include a discussion of any issues that were identified during Task 2 above, and provide a summary of any discussions held with Oncor representatives. After a meeting with City representatives to discuss the findings, we will finalize the report 2 PROJECT COST J. Stowe & Co. estimates that the professional fees required to conduct the PROJECT SCOPE identified above are not -to -exceed $2,000, plus out-of-pocket expenses, for each participating City. This cost assumes that all of the above ten Cities participate, or at least ten total cities participate.3 If the number of participants is less than ten, the professional fees are increased to $2,500 for each City, plus out-of-pocket expenses. Out-of-pocket expenses will be limited to $100.00 for the total project unless travel outside of the Dallas/Fort Worth area is required. J Stowe & Co. bills its clients monthly based on actual hours worked, plus out-of-pocket expenses. In the event that the actual hours spent in conducting the enumerated activities are less than those used in the development of the not -to -exceed proposed costs, the Cities will be billed only for the actual hours. However, if the actual hours exceed the estimate, the Cities will only be billed up to the not -to -exceed cost, plus out-of-pocket expenses. 2 With respect to the PROJECT SCOPE, the proposed project cost includes 1 A hours of meeting time for discussion with Cities. Additional time requirements for meetings/presentations regarding findings will be billed at an hourly rate of $195.00. 3 To the extent that any of the above Cities choose not to proceed, but other cities join the coalition for a total of ten or more participating cities, the cost per City will not exceed $2,000, plus out-of-pocket expenses. City Representatives June 23 2010 Page 4 ACCEPTANCE J Stowe & Co. greatly appreciates this opportunity to work again with the Cities served by Oncor. If this letter is in agreement with the Cities' understanding as to the scope of services to be provided and the associated fees, please execute one copy and return it to Ms. Connie Cannady at the following address: J. Stowe & Co. 1300 E. Lookout, Suite 100 Richardson, Texas 75082 If you have any questions regarding the proposed project activities and/or proposed costs, please feel free to contact Ms. Connie Cannady at 972.680.2000. Very truly yours, 4fluCf c.. J. Stowe & Co., LLC CITY OF BEDFORD By: Title: Date: CITY OF BELTON By: Title: Date: CITY OF EULESS By: Title: Date: City Representatives June 23, 2010 Page 5 TOWN OF FLOWER MOUND By: Title: Date: CITY OFFsR ORTH By: FORM AND LEGALITY: Title: 102•4/- ably MarWier CITY OF RICHLAND HILLS By: Title: Date: APPROVED AS TO vinoAlp`-CAt ASSISTANT Cyr' ATTORNEY (1 Attested by: • Marty Hendrix, City Secretary 404 FOp CITY OF ROCKWALL ,ao_°°o°o°°'a4t, off(A By: o J 0,2.0 ' ' o Title: o o° Fri o �,o -{K a Date: mai114,2)0000 4.a; e 1):11�a MT OF SWEETWATER By: Title: Date: