Loading...
HomeMy WebLinkAbout22-05 RESOLUTION• RESOLUTION NO. 22-05 A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF $31,575.00 WITH CAPITALSOFT.NET, LLC FOR THE PURCHASE OF UTILITY RATE & FINANCIAL PLANNER SOFTWARE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract in the amount of $31,575.00 with CapitalSoft.net, LLC for the purchase of Utility Rate & Financial Planner software. A copy of the contract, marked Exhibit "A" is attached hereto and made a part hereof. PASSED and APPROVED this 15th day of February 2005. ATTEST: rh ,to; �U: •,;13 ;FAYETTEVILLE ;:t• .�3 1"3. 1:•K..:•\ y/4 .41:2110 �,,..,. By: SONDRA SMITH, City Clerk APPRO ED: By: DAN COODY, May. • • • CONTRACT 1 6 rxary This contract executed this IS4t day of y, 2005, between the City of Fayetteville, Arkansas, a municipal corporation, and CapitalSoft.net, LLC, 956A Beachland Blvd., Suite 11 Vero Beach, Florida. In consideration of the mutual covenants contained herein, the parties agree as follows: 1. CapitalSoft.net, LLC at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per bid #04-14 as stated in CapitalSoft.net, LLC's bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid #04-14, all included herein as if spelled out word for word. 2. The City of Fayetteville shall pay a one-time license fee of $25,000.00 for products based on prices indicated in CapitalSoft net, LLC's bid proposal, and an Annual Maintenance fee of $5,000 00. Payments will be made only after submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3. The Contract documents which comprise the contract between the City of Fayetteville and CapitalSoft net, LLC consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid #04-14 with the specifications and conditions typed thereon. B. CapitalSoft.net, LLC's bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and CapitalSoft.net, LLC and may be modified only by a duly executed written instrument signed by the City of Fayetteville and CapitalSoft.net, LLC. 5. CapitalSoft.net, LLC shall not delegate it's duties under the terms of this agreement. • • 6. CapitalSoft.net, LLC agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from CapitalSoft.net, LLC's performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. CapitalSoft.net, LLC shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that it carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, CapitalSoft net, LLC shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $250,000 for each person injured. $500,000 for each accident. Property Damage Liability $100,000 aggregate. The premiums for all insurance and the bond required herein shall be paid by CapitalSoft.net, LLC. 8. CapitalSoft.net, LLC to furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or CapitalSoft.net, LLC with 30 days written notice 10. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is • • presented to the City of Fayetteville, CapitalSoft.net, LLC will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo copying costs pursuant to the FOIA may be assessed for this compliance WITNESS our hands this 1541 day of January 2005. ATTEST: `G�EK/TR S, a'•' k O,c .G•,P - :_to; • :FAYETTEVILLE: \1t ANStc J):4 : • A)opuevu SONDRA SMITH, City Clerk ATTEST: COMP/7NY SECRETARY CITY OF FAYETTEVILLE CAPITALSOFT.NET, LLC PRINTED NAME ANDITLE 9.SGefyaki /dive,ocai ,/, a:eon/de/ ,c2 32 9tea BUSINESS ADDRESS City of Fayetteville, Arkansas Budget Adjustment Form • Budget Year 2005 Department Division: Program: Water & Wastewater Meter Operations Meter Capital Date Requested 1/11/2004 Adjustment Number Project or Item Requested: $26,575 is needed in the Utility Rate & Financial Planning software capital project. $5,000 is needed in the Software Maintenance operational account. Project or Item Deleted: None. $31,575 from the Water & Sewer Fund Use of Fund Balance account. Justification of this Increase: The funding is needed for the purchase of a utility rate and financial planning software packet and the annual maintenance fee. Justification of this Decrease: There is sufficient fund balance remaining in the Water & ' Sewer.Fund to comply with City Policy and to meet 2005 objectives. In 2004, there was $15,000 budgeted for the purchase of the software that will go back to fund balance. Account Name Increase Budget (Decrease Revenue) Account Number Amount Project Number Fixed assets 5400 1840 Software maintenance 5400 1810 Account Name 5801 00 26,575 04045 1 5416 00 5,000 Decrease Budget (Increase Revenue) Account Number Amount Use of fund balance 5400 0001 4999 99 31,575 Project Number A.proval Signatures equeste udget Manage Date Date Department Director Date a Services D. Date Date Budget Office Use Only(IF!) ` Type: A B C / I> I E Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial ' Date Initial Date Initial Date �' ak raye aevi1e ARKANSAS DEPARTMENTAL CORRESPONDENCE • 2s /ettpis/as 2a-,oS lf4,V1,4/4 I aoC/uiare- TO: Mayor Dan Coody and the Fayetteville City Council FROM: Stephen Davis, Finance & Internal Services Director/N Rainy Laycox, Billing & Collections Manager DATE- January 25, 2005 SUBJECT: Utility Rate Calculation Software Recommendation Staff recommends award of a contract for Utility Rate Calculation Software to CapitalSoft.net, LLC Background In mid -2004, City staff developed a Request -for -Proposal (RFP) seeking a utility rate software module that Fayetteville could utilize to monitor water and sewer rates by customer class as well as by jurisdiction. With this type of software package, City staff would be in a position to .better monitor cost shifts between customer classes. • The need for Fayetteville to have this type of capability in-house was very evident during the rate adjustment public hearings from August 2003 through December 2003. The alternative to the -City of Fayetteville owning this type of software package would be to contract with a rate consultant more frequently for formal rate studies. The last rate study cost approximately $50,000. Budget Impact The purchase of Utility Rate Calculation Software was budgeted in 2004 for $15,000. The 2004 budget amount was not re -budgeted to 2005. The increased cost over the 2004 budget is a result of purchasing the software with unlimited licensing that allows for multiple users. The 2004 budgeted amount went back to fund balance. There is sufficient fund balance to cover the 2005 acquisition. Discussion CapitalSoft.net, LLC is the only responsive bidder to the RFP Staff has reviewed the software and is proposing the City enter into a contract to purchase the software. The software will be utilized by City staff to assist with the planning of operating budgets, capital projects, major system repairs and rehabilitation, and debt service to determine the likely impact on existing water and sewer rates. Planning for the future and adaptability to changing mandated requirements will be the key to maintaining a financially strong water and wastewater utility. Acquisition of this software package provides an additional tool to meet those challenges. • • Staff proposes to use this software to: • Monitor existing water and sewer rates to detect cost shifts between customer groups in a more timely manner. • Monitor existing capital improvement programs and debt issuance plans to ensure sufficient cashflow to operations and debt service coverage tests. • Develop multiple rate impact solutions that address mandated and/or necessary capital improvements while complying with bond indenture requirements concerning minimum revenue coverage tests. • Enable compliance with the Fayetteville Code of Ordinances chapter 51.137 4(a) Annual review by city; revision of rates —"The city shall review the charges at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the cost of operation, maintenance, and replacement and that the system continues to provide for the proportional distribution of operation, maintenance, and replacement costs among users and user classes." • Provides multi-year forecasting for each utility. • Provide reports that include: Current vs. cost of service rates; baseline utility revenues with current rates; utility baseline cash flows; debt service coverage ratios; five-year projected cash flow requirements; and financial plans for capital improvement project requirements. ,• • Provideiutilityrate calculations for multiple jurisdictions. • Supports utility basis for rate design as defined by the American Water Works Association. • Capability to calculate utility rates for water, sewer, sanitation, and storm water utilities. Finally, this software can be used to calculate water and sewer rates instead of contracting the rate making effort. The City is still required to have an independent engineer evaluate the water and sewer utility and issue a professional opinion that examines the utility system from an operational point -of -view. The Operations Study is required to be completed every three years by a qualified engineer and the report must contain an engineering evaluation, a financial analysis by utility, and a report on compliance with bond indentures. • • RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF $31,575.00 WITH CAPITALSOFT.NET, LLC FOR THE PURCHASE OF UTILITY RATE & FINANCIAL PLANNER SOFTWARE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, • : nysss hereby approves a contract in the amount of $31,575.00 with Ca • 't :tri -t, LLC for the purchase of Utility Rate & Financial Planner sof cop of the contract, marked Exhibit "A" is attached hereto and PASSED and APPROVED this 15 NDRA SMITH, City Clerk AN COODY, Mayor • • REQUEST FOR PROPOSAL 04-16 UTILIY RATE CALCULATION AND PLANNING SOFTWARE FOR THE CITY OF FAYETTEVILLE, ARKANSAS The City of Fayetteville, Arkansas is requesting proposals from experienced and qualified firms to purchase Utility Rate Calculation Software. To be considered for evaluation, written proposals must be received by August 30th, 2004 at 4:00 p.m. in the format set forth in the accompanying documents. A non-responsive or incomplete proposal will not be considered. Proposals received after this deadline will not be considered. Eight (8) copies of the proposal shall be mailed or hand delivered to the following address: Ms. Peggy Vice Purchasing Manager City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Telephone: (479) 575-8289 Fax: (479) 575-8241 The outside of the envelope must be clearly marked "RFP 04-16" Request for Proposal -Utility Rate Calculation Software. 1. It shall be clearly understood that any costs incurred by the respondent in responding to this request for proposal is at the respondent's own risk and expense as a cost of doing business, and the City is not liable for reimbursement to the respondent for any expense so incurred, regardless of whether or not the proposal is accepted. 2 Any inquiries or requests for explanation in regard to the City's requirements should be made promptly in writing by fax to the above listed number. No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms that have indicated an interest or intention to submit proposals, but the names of any firms submitting any questions, clarifications, or requests will not be disclosed until after the deadline for submitting proposals. Any conditions or expectation on the part of the respondent for performance by the City must be set forth in the proposal. The City is not obligated to consider the respondent's post submittal terms and conditions. oi • • 4 At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. 5 The City will not be responsible for misdirected proposals. Respondent should call the Purchasing Office at (479) 575- 8289 to insure receipt of their proposal documents prior to opening time and date listed above. • REQUEST FOR PROPOSAL 04-16 UTILITY RATE CALCULATION SOFTWARE FOR THE CITY OF FAYETTEVILLE, ARKANSAS 1.0 Purpose The City of Fayetteville, Arkansas, hereinafter referred to as "the City", seeks proposals in response to this Request for Utility Rate Calculation and Financial Planning software (primarily water and sewer rates) to be utilized to assist City management, City Council and Citizens in making informed decisions regarding: a) capital projects b) rehabilitation c) repair d) debt issues e) operating budgets 2 0 Functional Requirements a) The utility basis for rate design as defined by the American Water Works Association. b) The cash basis for rate design as defined by the American Water Works Association. c) Multiple customer groups. d) Multiple cost classification options. e) Multiple cost classification methods. f) Multiple rate design options g) Unlimited sales/rates/cash flow scenarios. h) Must be capable of calculating utility rates for water, sewer, sanitation and storm water utilities. i) Must support utility rate calculations for multiple jurisdictions. 3) Must support rate of return based on assets • employed. k) Must provide method -to calculate based on "what if" scenarios by utility. 1) Must provide multi year forecasting by utility. m) Must provide at minimum the following reports: Current vs. cost of service rates, Baseline utility revenues with current rates, Utility. baseline cash flows, Debt service coverage ratios, Five year projected cash flow requirements, and a financial plan capital improvement project requirements. 3.0 Software Requirements The software should produce auditable schedules that provide information on the impact each of the elements listed above have on the utility's cash flow sufficiency and current rates. The software proposed shall: a) Allow import of cost"data from Microsoft Excel. b) Must provide Multi-user access utilizing Microsoft Sequel or Access DBMS. 4.0 System Requirements a) List minimum hardware requirements, ram, processor speed, etc. - 5.0 Training a) List training provided with software, number of people, number of days trained. Training will be considered in evaluation. 6.0 Demo required of selected vendor before purchase a) Demonstrate all capabilities before payment. 7.0 Annual update costs and annual software license cost per year. a) Number of concurrent user licenses. 8.0 List current customers. Give reference name and phone number. 9.0 Verify current accounting/customer data format will work with software. Rainy Laycox Submitted By City of Fayetteville Staff Review Form City Council Agenda Items Contracts 2/15/2005 City Council Meeting Date • Meter - Capital Exp/Billing & Coll. Finance & Internal Services Division Action Required: Department A Resolution approving the contract with CapitalSoft.net,LLC for the purchase of Utility Rate and Financial Planner Software which meets requirements detailed in Request For Proposal 04-14 The contract consists of a one-time license fee of $25,000.00 and an annual maintenance fee of $5,000.00 plus $1,575.00 for use taxes. $31,575.00 Cost of this request 5400-1840-5801-00 5400-1810-5416-00 Account Number 04045 Project Number Budgeted Item $31,575 Category/Project Budget $0 $0 Funds Used to Date $31,575 Remaining Balance Budget Adjustment Attached x Utility Rate and Financial Planner Software Program Category / Project Name Other Improvements Program / Project Category Name Water and Sewer Fund Name Department Director City Attorney Finance arui Internal Service Director Previous Ordinance or Resolution # (2- G��at Original Contract Date: Original Contract Number: //zr/as I/24/a D to ate Received in Mayor's Office Comments:Use Tax obligation not included in contract but is an obligation of the City of Fayetteville