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HomeMy WebLinkAboutOrdinance No. 00-1239 CITY OF THE COLONY, TEXAS ORDINANCE NO. OO' t gl 3~ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ~omP~'Ttr, v~ ~onnmu,olc, aI't,~a ~.outa FORPROFESSIONAL SERVICES RELATED TO TXU ;'LECTi'~iC FRANCHISE PAYMENTS; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized to execute on behalf of the City a contract with C~ for professional services related to t"tffi!~l~llffil.~/g/ranchise payments. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes. SECTION 2. This Ordinance shall take effect immediately from and after its passage by the City Council of the City of The Colony, Texas. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas this 2nd day of October, 2000. 7TR,.°w°: · ' . 'ng, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: Cit~ At~tomey - COMPETITIVE COMMUNIGATIONS GROUP August 28, 2000 Lanny S. Lambert City Manager The Colony City Hall 6800 Main Street The Colony, Texas 75056 Reference: Proposal for Audit of Franchise Fees Dear Mr. Lambert: Competitive Communications Group (CCG) is pleased to submit our proposal to provide The Colony with consulting services to review the franchise fee payments received fi'om TXU Electric, CoServ Electric, TXU Gas, TCI Cable and IESI Refuse. CCG provides planning and regulatory support for local governments and public power entities. Marilyn J. Fox, the project leader, will coordinate CCG staff and subcontractors. She will assign work, monitor the progress of the work and review the work products before sending to the City. She will serve as CCG's single point of contact. CCG will be responsible for the review and analysis of all information required to determine the accuracy of the franchise fee payments. The Colony will be responsible for notifying the companies of the engagement using a CCG draft letter, reviewing any non-disclosure agreements that are required by the companies to allow CCG to perform the audit, providing all information that is relevant to the audit that the City has in its possession and assisting CCG in obtaining the requested information from the companies. 8140 NORTH rtlOPAG WESTPARK ~ · SUITE 120 AUSTIN, TEXAS '78759 PHONE · FAX · 512-231-8341 CGG can accomplish the project within 120 days, assuming that the data requested is submitted by the companies in a timely fashion. The major events are as follows: · Contract Finalization · Project Meeting with City Staff · Draft Notification Letter (CCG to City) · Notification Letter (City to Utility) · CCG Follow up Call to Utility Contact · Request for Information from Utility · Receipt of Information · CCG Review and Analysis · CCG Follow up Call/Visit/RFI · Additional Information Received · CCG Review and Analysis · Identification and quantification of Issues · Draft Reports · City Comments on Draft Reports · Final Reports · CCG Draft Demand Letters · City Issues Formal Demand Letters Each of the service providers will be reviewed for the most recent two years for which they have data available. CCG proposes to complete the steps outline above for the following fees: For each franchisee, $5,000 for the first two years and $2,000 for each subsequent year. We recommend that we review at least two years of data for each of the franchise agreements. For the five franchises, this mount would total $25,000. We are prepared to negotiate a contract on a not-to-exceed basis for our labor costs. Travel and out-of-pocket expenses will be billed in addition to the labor amounts stated above. I have attached a list of our recent fee review experience for your convenience. Please call me at 512-231-8400 if I may answer any questions. We look forward to working with The Colony. Sincerely, Marilyn J. Fox Director of Consulting Services Attachment Auditor Recent Experience CCG has performed or is currently working on franchise fee reviews for the following representative cities. Company City Reference CP&L Laredo Larry Dovalina Reliant (Entex) 501 San Augustin P.O. Box 579 Laredo, TX 78042-0579 (956) 795-2200 TXU Irving Cathy Cunningham Southwestern Bell P.O. Box 152288 Irving, TX 75015-2288 (972) 721-2493 TXU Waxahachie Janet Adkins City of Waxahachie 401 S. Rogers PO Box 757 Waxahachie, TX 75168-0757 (972) 937-7330 Southwestern Bell Arlington Jay Dogey City Attorney P.O. Box 231 Arlington, TX 76004-0231 (817) 459-6878 Reliant (HL&P) Rosenberg Jeff Braun Southwestern Bell 2110 Fourth St Time Warner Cable PO Box 32 Rosenberg, TX 77471-0032 (281) 342-4416 Other cities for which CCG has performed franchise fee reviews for include: · Benbrook · Kennedale · Everman · Haltom City 4