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1998-030 Audit of Cable TV Franchise Fees RESOLUTION NO. 30-98 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH LEWIS & ASSOCIATES ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS TO SECURE THE SERVICES FOR PERFORMANCE OF AN AUDIT TO CABLE TELEVISION FRANCHISE FEES PAID THE VILLAGE COVERING THE PERIOD FROM JANUARY 1, 1995 THROUGH DECEMBER 31, 1997; AND, PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, • FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the agreement with Lewis & Associates attached as Exhibit "A", which agreement is for the purpose of securing the services for performance of an audit to cable television franchise fees paid the Village covering the period from January 1, 1995 through December 31, 1997. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the agreement with Lewis & Associates set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 9th DAY OF JULY , 1998. • • • (VILLAGE SEAL) ATTEST: VILLAGE CLERK • rlr - .. L' _ . ~'~~` • s ~ ES . . . ' .2131 Hollywood Boulevard, Suite 208 • Hollywood, Florida 33020 ~ Phone/Fax: (954) 922.9002 June 15, 1998 Mr. Dennis Kelly Village Manager Village of North. Palm Beach. 501 U:S. Highway L , _ • North Palm Beach, Florida 33405 Dear Mr. Kelly: ' _ .. 't'his letter is to set forth-the Agreement of the Village of North Palm•Beac1- to retain the firm of Lewis & Associates for the Qurpose of representing the Village iu the area of cable television franchise Yee compliance verification covei3ng the period of January 1, 1995 .through December 31, "1997. In connection with this engagement, the servpces to be • performed are as follows:.. " • 1. Identify what specific sources of revenue'are subject to " franchise fees by reviewing franchise agreement. " . 2. • On-site visits to franchisee,to obtain and ezamine relevant . . accounting data and supporting documentation. 3. Identify all revenue sources by classification, by year.and evaluate allocation methodology.and'ove'rall accuracy. " 4._ Test the cable operator's; billing "system ~to "determine"if all active addresses within the Village were included igthe franchise fee remittances,' ` : - .. ' ' S. Recalculate theYranchise.fee due the Village. using the approved ' " effective rates: 6. Issue report summarizing and explaining our findings. ~ " 7. Assist Village in negotiating financial settlement with cable operator. We will require the VDlage's assistance in the following"areas. • 1. "Provide copy of franchise"agreement and_ related ordinances • 2. Provide•copies of all franchise tee paymentrenpittances along with-supporting .documentation covering the.period under examination.` 3. Provideiisting of zip codes located within the franchise arear .. , 4. Provide hard copy listing oEall street addreases located within the ViUage's:franchise area. 4. Provide verification of specific addressee which contain the above zip codes bud are not reflected in franehisee.remittances: Lewis & Associates will e=tract this information from the cable operator's. records based upon data indicated iu Item 4 above. For services rendered in connection with the scope ot'this assignment we. will charge a fee of $7,500 plus actual out-of-pocket costs. Out-of:pockef costs are.eapected to be in the area of 5200 if the records to be examined are located in Palm Beach County. The fee is payable as follows: . . 53,750 upon signing of agreement. 53,750 upon delivery of report Out-of.-pocket `costs will be billed, as incurred. If the foregoing meets with your approval, please so indicate by •signing this letter.where indicated and returning au executed copy to our office Tor our. records: We look forward to working with you and the. other Village OfTicipls on this project. Sincerely, ~~r _ • Scott Lewis President sy: Village of North .Palm Beach ~ Date, • - -