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HomeMy WebLinkAbout22-030 - The SpyGlass Group, LLC - Telecom Audit ServicesCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 22-030(a) Council Approval N/A CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and _The SpyGlass Group LLC That portion of Contract No. 22-030 between the City of Tukwila and _The SpyGlass Group LLC is hereby amended as follows: The following language is to be added to Section 3: Compensation and Method of Payment. The City shall pay Auditor for services rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $26,000 (including tax), except by written agreement of the parties. AH other provisions of the contract shall remain in full force and effect. Dated this _15 day of _July , 2022. CITY OF TUKWILA C7/(Law 6A-Ge/cg CONTRACTOR The SpyGlass Group, LLC �Docu5igned by: f `� Ilk. vat 07632E2969A04E2 Allan Ekberg, Mayor 07/20/2022 Printed Name: Edward M. oeAngelo ATTEST/AUTHENTICATED APPROVED AS TO FORM ?h4 t C32l€�z1 612.4-rzGiesu aZ . t t eg Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 1 of 1 EXHIBITA The SpyGlass Group, LLC 25777 Detroit Rd Ste 400 Westlake, OH 44145-2450 www.spyglass.net Remit To: The SpyGlass Group, LLC 25777 Detroit Rd Ste 400 Westlake, OH 44145-2450 Email: AR@spyglass.net Bill To: City of Tukwila, WA Joel Bush 6200 Southcenter Blvd Tukwila, WA 98188 Description Contingency consulting fee for monthly Service Elimination / Cost Reduction savings for Voice/Data services. See attached documentation for details. Contingency consulting fee for monthly Service Elimination / Cost Reduction savings for Mobility services. See attached documentation for details. Date Invoice # 4/29/2022 22821 Terms Rep IPM Net 60 MBoye Megan Qty Rate Amount 12 12 196.45 1,965.38 2,357.40 23,584.56 Total $25,941.96 Alternate payment methods accepted: EFT/ACH/Direct Deposit, Visa, MasterCard, American Express and Discover (no fee) For W9, payment questions or alternate forms of payment contact Accounts Receivable: Phone: 440-348-9350 Press 2 OR Email: AR@spyglass.net SpyGlass Snapshot Audit Agreement 22-030 Council Approval N/A This agreement, effective as of the later of the dates of signature below ("Effective Date"), is between City of Tukwila ("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 (Voice, Data, Internet, Cloud Services and Mobility/Cellular) to seek cost recovery, service elimination and cost reduction recommendations. Company will provide Auditor with the materials required to perform its analysis and Auditor will conduct a Kickoff meeting with Company to review the materials provided and introduce Auditor's personnel assigned to the project. Auditor will deliver the recommendations to Company at a Summary of Findings meeting, implement recommendations that Company elects for Auditor to implement, and deliver a complete telecommunications inventory to Company. Upon completion of implementation, Auditor will conduct an Industry Benchmark Analysis ("IBA") Meeting to compare Company's spending and audit results against industry peers as well as all SpyGlass clients, officially bringing closure to the engagement. 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: • 40% 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 60 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 60 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 Washington, without regard to principles of conflicts of law, and may be executed by facsimile and simultaneously in multiple counterparts. Company agrees that Auditor does not warranty the overall performance, Company satisfaction, 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. Each person signing this agreement on behalf of a party represents that he or she has been duly authorized to sign this agreement and to bind the party on whose behalf this agreement is being signed by that signatory. 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 Tukwila Signature: Print Name: joetaGt Joel Bush Date: 02/23/2022 APPROVED AS TO FORM BY ASSISTANT CITY ATTORNEY 02/22/2022. APPROVAL ON FILE. AUDITOR The Spy Signatur lass `(roup TLC . ttvl (L, Vat 4a6 a�sa,oa�z.,, Print Name: Edward M. DeAngelo Date: 2/23/2022