2055 RESOLUTION NO. c9,4575--
A
S 5A RESOLUTION OF THE CITY OF WEST MEMPHIS THROUGH THE CITY
ALDERMEN TO AUTHORIZE THE MAYOR OF SAID CITY TO EXECUTE A CABLE
TELEVISION FRANCHISE FEE PAYMENT COMPLIANCE SERVICE
WHEREAS, the City of West Memphis desires to regulate and oversee the provision of
cable television services;
WHEREAS, Local Government Services, LLC has available a cable television franchise fee
payment compliance service to assist the City in such regulation offered through a Joint Service
Agreement with LGS as an independent contractor of the Arkansas Municipal League;
NOW THEREFORE BE IT RESOLVED, that the cable television franchise fee payment
compliance service agreement in hereby approved and the Mayor of the City of West Memphis is
hereby authorized to execute the cable television franchise fee payment compliance service
agreement on behalf of the City, in substantially the same form as Appendix A which is attached to
and made a part of this resolution.
RESOLVED by the Mayor and City Aldermen of the City of West Memphis this 6
day of MAR L+ , 2014.
ATTEST:
BY C44, v.2:hi n.,,�A, .d_
DQp* City Clerk Q City of West Memphis
(SEAL)
RECEIVED
MAR U 3 7061
CITY OF WEST MEMp,.,
CITY CLERICS gyp'�y�
300/71/SSA /
OFFICE ;
APPENDIX A
AGREEMENT BETWEEN
THE CITY OF WEST MEMPHIS,ARKANSAS
AND
LOCAL GOVERNMENT SERVICES, LLC
FOR CABLE TELEVISION FRANCHISE FEE PAYMENT COMPLIANCE SERVICE
WHEREAS, the City of West Memphis ("City") desires to provide regulation and oversight of
cable television services being provided to the citizens of the City;
WHEREAS, Local Government Services, LLC ("LGS") has available a cable television
franchise fee payment compliance service offered through a Joint Service Agreement with LGS
as an independent contractor of the Arkansas Municipal League; and,
WHEREAS, the City has a need for such cable television franchise fee compliance service.
THEREFORE,THE CITY AND LGS AGREE AS FOLLOWS:
Section 1. Service options provided to the City of West Memphis
LGS assures that its services will be accomplished in a timely manner with the cooperation and
assistance of the City. In this regard, the City agrees to designate a contact whom LGS will contact
and who will regularly review, discuss regarding the services provided, the time for performance of
the services, and to assist in arranging meetings, conferences, and other arrangements with LGS to
facilitate the performance of services by LGS and to ensure that all information and issues required
for review by LGS are made available to LGS. LGS agrees to provide, directly or through its agents
or subcontractors, the following services:
a) x Assist the City in performing a franchise fee payment compliance review to determine
compliance with City's Cable Television Franchise Ordinance for the period January 1, 2010
through December 31, 2013 (unless limited by the City's Cable Television Franchise Ordinance)
related to franchise fee payments. LGS shall also assist the City in enforcing the franchise fee
payment provisions of the City's Franchise (LGS is not responsible for cost associated with
filing for court action or legal representation in a court proceeding).
In the event that the City at a later date desires to obtain additional services offered by LGS the
parties to the agreement may execute an addendum or addenda to this agreement for the City to
obtain such services
Section 2. Effective Date, Payment and Termination.
a) This agreement shall become effective upon the signature by the parties.
b) The City chooses the following payment option for the franchise fee compliance review
service:
Initial payment of$3,000.00 and final payment of$3,000.00 upon completion of work
plus pre-approved out of pocket expenses if applicable.
Out of pocket expenses shall include, but are not limited to postage, transportation, meals and must
be approved by the City in advance. LGS shall provide to the City documentation sufficient to
substantiate any out of pocket costs.
c) For the payment option chosen by the City listed in Section 2 b above the City shall pay LGS
the initial payment of the total obligation when this Agreement is executed and upon completion
of the review the final payment for the option chosen above within fourteen (14) days following
completion of the work performed by LGS. The City agrees to utilize whatever reasonable
enforcement remedies that exist in the City's current cable television franchise ordinance to
assist LGS in obtaining the information necessary for LGS to perform the review and to recover
any franchise fees due. Failure of the City to enforce its ordinance will relieve LGS from any
obligations to the City.
Section 3. Hold Harmless and Indemnification.
Each party shall bear the responsibility for liability for negligence, errors or omissions of its own
officers, agents, employees or subcontractors in carrying out this agreement.
Section 4. Assignment/Transfer
LGS is prohibited from assigning or transferring any of its obligations of this Agreement without
obtaining prior approval of the City.
Section 5. Amendments.
This contract may be amended by future written agreements executed on behalf of the City and LGS.
Section 6. Law Applicable.
This agreement shall be construed under the laws of the State of Arkansas.
EXECUTED ON BEHALF OF THE CITY OF WEST MEMPHIS THIS (pod, DAY OF/VI4jv,t
201 .
'/L--.- sew l
ATTEST: Mayo :
City of West Memphis
By EXECUTED ON BEHALF OF LOCAL
GOVERNMENT SERVICES, LLC
(SEAL)
By
Member
RECEIVED
MAR 0 3 2014
CITY OF WEST MEMPHIS
CITY CLERK'S OFFICE
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