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HomeMy WebLinkAbout1987-1441915L NO g% AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A LETTER OF AGREEMENT WITH MUNICIPAL ADMINISTRATIVE SERVICES, INC FOR PROFESSIONAL AUDITING SERVICES RELATIVE TO THE CITY'S FRANCHISE AGREEMENT WITH GTE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves and auth- orizes the Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton and Municipal Administrative Services, Inc relative to the City's franchise agreement with GTE, under the terms and conditions contained in Letter of Agreement which is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this thelk4_ day ofLlmu�0_2a, 1987 �Y RAY S HENS4 MAYOR ATTEST r NIF•R ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Municipal Administrative Services, Inc (MAS) 9896 Bissonnet Suite 500 Houston, Texas 77036 (713) 5419945 Susan L Hodge President LETTER AGREEMENT George T White Vice President August 18, 1987 Mayor and City Council Members City of Denton 215 E McKinney Denton, Texas 76201 Dear Mayor and Council Members This Letter Agreement is made by and between the City of Denton (the "City"), and Municipal Administrative Services, Inc �"M A S " or "Agent") as follows 1 M A s agrees to conduct a franchise compliance audit (the "Audit") of General Telephone Company (the "Company") which holds a franchise from the City For purposes of requesting and receiving infoxmacion from the Company, and only for those purposes, M A S shall be an agent of the City 2 M A S agrees to notify the Company of its intent ic, condact the Audit and request that any preliminary informa- tion necessary to begin the audit be submitted to M A S as Agent of City 3 The Audit to be conducted by M A S shall be to determine if any franchise fees or other amounts are now due and owing the City and shall include verification of the following (a) that all customers located within City are correctly coded as being within the City, (b) that all the Company's revenue accounts have been included in the base for calculation of the franchise fee pursuant to the franchise agreement, and (c) that the Company has included any new sources of revenue in the base for calculation of the franchise fee raid the City August 18, 1987 Page 2 4 At the completion of the Audit, M A S shall provide City with a final audit report which will outline the audit work performed, explain the audit findings and provide recommendations for the improvement of future franchise fee reporting and compliance efforts 5 As compensation for the services provided hereunder, City agrees to pay M A 5 as follows Fifty percent (50%) f ac��n�yy,__a''�ounts recovered, refunded or credite,5`"d`�isult of any of the audit findings, including, fifty percent (50%) of the value of any other compensation given to/the City as a result of the audit findings and accepted by All compensation shall be paid to M A S within thirty (30) days after the date such amounts are collected and refunded to City 6 Upon payment to M A S of all amounts due as above described, M A S will turn over to City all working (1,)(uments, files or other information acquired during the audit process 7 Unle5s prevented by circumstances beyond the control ^f � N S , all Services, as described herein, shall be ^nmi)AtPd within 150 days from the date of this Ietter i-ieement 3 M A S shall exercise the same degree of care, skill and diligence in the performance of the services provided hereurder as is ordinarily provided by a certified public accountant under similar circumstances 9 M A S agrees to defend and indemnify City from and against legal liability for damages arising out of the performance of the services provided herein, where such iiability is caused by any error, omission of negligent act of M A S , its agents or employees August 18, 1987 Page 3 Attes Attest 2 FrA J'A M4 ✓� -�. DEN011 2 MUNICIPAL ADMINISTRATIVE SERVICES, INC Hy ,-tu6ah L Hodge, P eside t CITY OF DENTON, TEXAS J By ---- Ray S Pns, ayor