1988-163~497L
NO '3? -163
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
DOUG ARNOLD & ASSOCIATES, INC FOR CONSULTING SERVICES AND THE
PERFORMANCE OF AN AUDIT OF THE CITY'S TELECOMMUNICATIONS SERVICES,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is authorized to
agreement between the City of Denton and Doug
Associates, Inc for professional consulting services
a telecommunications audit, under the terms and
contained in agreement, a copy of which is attached
made a part hereof
execute an
Arnold &
relating to
conditions
hereto and
SECTION II That the City Council hereby authorizes the
expenditure o unds in the manner and amount as specified in the
agreement
SECTION III That this ordinance shall become effective
immediately upon its passage and ;Vozday al
, 1988
PASSED AND APPROVED this the of OCA
RAY ST P ENS, AYOR
ATTEST,
I S CRET Y
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
2506L
THE STATE OF TEXAS §
COUNTY OF DENTON §
AGREEMENT BETWEEN THE CITY OF DENTON
AND DOUG ARNOLD & ASSOCIATES, INC
The City of Denton, Texas, a Municipal Home Rule City
situated in Denton County, Texas, hereinafter called "City",
acting herein by and through its City Manager and Doug Arnold &
Associates, Inc , hereinafter called Consultant, hereby mutually
agree as follows
1 SERVICES TO BE PERFORMED City hereby retains Consultant
to perform the hereinafter designated services and Consultant
agrees to perform the following services
A To perform an audit of telecommunications services
being received by City from all serving telecom-
munications companies, including GTE and MCI, the
audit to consist of
1 A complete service, equipment and billing review of
the above referenced telecommunications services,
2 A determination of quantities of rate elements,
tariff applicability, rate application, usages and
billing accuracy, and
3 A written report to be submitted to City outlining
the audit findings
B All discrepencies found from the audit shall be
presented to and discussed with city and consultant
shall obtain city's written approval prior to
undertaking any negotiations with the serving
telecommunications companies for billing corrections,
reductions or presentment of any claims for refunds
C Consultant shall exercise the same degree of care,
skill and diligence in the performance of the services
provided hereunder as is normally provided by a
certified public accountant under similar
circumstances
2 COMPENSATION TO BE PAID CONTRACTOR City agrees to pay
Consultant or the services per orme hereunder as follows
Fifty percent (50%) of all refund checks, and/or bill
credits received from the serving telecommunications
companies as a result of said audit and approved by
city These compensation payments only include the
rebates from overbillings prior and up to the completion
date of the audit and do not include any future savings
based on the correction of these discrepancies City
shall pay Consultant within 30 days of receipt of such
refunds or credits
In the event there are no refunds or bill credits as a
result of the audit, then no compensation shall be due
Consultant for the audit service
City agrees to assist Consultant in its pursuit of any
refund claim(s) which City's attorneys believe to have a
valid legal basis
3 SUPERVISION AND CONTROL BY CITY It is mutually under-
stood and agreed by and between City and Consultant that
Consultant is an independent consultant and shall not be deemed
to be or considered an employee of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes,
vacation or sick leave benefits, worker's compensation, or any
other City employee benefit The City shall have supervision
and control of Consultant and any employee of Consultant, and it
is expressly understood that Consultant shall perform the
services hereunder at the direction of and to the satisfaction
of the City Manager of the City of Denton or his designee under
this agreement
4 INSURANCE Consultant shall provide at its own cost and
expense, worker rs compensation insurance, liability insurance,
and all other insurance necessary to protect Consultant in the
operation of Consultant's business
5 INDEMNIFICATION Consultant shall and does hereby agree
to indemn y an o harmless the City of Denton from any and
all damages, loss or liability of any kind whatsoever, by reason
of injury to property or third persons occasioned by any error,
omission or negligent act of Consultant, its officers, agents,
employees, invites, and other persons for whom it is legally
liable, with regard to the performance of this Agreement, and
Consultant will, at its cost and expense, defend and protect the
City of Denton against any and all such claims and demands
6 CANCELLATION City or Consultant reserves the right to
cancel this Agreement at any time by giving the other party
fourteen (14) days written notice of its intention to cancel
this Agreement
PAGE 2
7 TERM OF CONTRACT This Agreement shall commence on the
5th day o October, 1988, Consultant agrees to the completion of
the project within 60 days, barring lack of response by the
telecommunicationsanies n_' e _
EXECUTED this 7' - day of C~C~`~ypy~.~ , 1988
CITY OF DENTON, TEXAS
BY
RAY S' E HEN , MAYOR
ATTEST
15WIFER TER , CITY SECRET
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY MG
DOUG ARNOLD & ASSOCIATES, INC ,
CONSULTANT
% "i h
BY ?2-~
MEL HO E, SENI R ONS N
PAGE 3