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TRIANGLE J COUNCIL OF GOVERNMENTS <br /> W o r l d <br /> -- 100 Park Drive,P.O.Box 12276 <br /> C l a s s Research Triangle Park,NC 27709 <br /> 919.549.0551 FAX:919.549.9390 <br /> R e g i o n <br /> MEMORANDUM OF AGREEMENT <br /> This agreement, made by and between the Triangle J Council of <br /> Governments (TJCOG) and Orange County is for the purpose of procuring <br /> professional services to conduct an audit of franchise fees paid by Time Warner <br /> Cable (or it's predecessors) to Orange County during the period January 1, 1994 <br /> through December 31 , 1995. The purpose of the audit is to ascertain the <br /> accuracy of franchise fee payments in accordance with the requirements of the <br /> existing franchise between Time Warner Cable (or its predecessors) and Orange <br /> County. <br /> Orange County has entered into a consortium of local governments <br /> directed by TJCOG for the purpose of regulating cable TV rates and franchising <br /> cable TV service in the town. Orange County, along with four other participants <br /> in the TJCOG Cable TV Consortium have directed TJCOG to procure the <br /> professional services necessary to conduct the desired audit. TJCOG has, in <br /> turn, contracted with Lewis and Associates of Hollywood, Florida to conduct the <br /> audits for each local government. <br /> The audit by Lewis and Associates will consist of: <br /> a) review relevant franchise agreements to determine the extent of <br /> each local government's audit rights, franchise fee requirements and the <br /> franchisee's reporting requirements; <br /> b) review relevant cable operators records pertaining to franchise <br /> payments due for cable television franchise fees for the franchise review period <br /> (January 1 , 1994 through December 31 , 1995); <br /> c) perform a review of the franchisee's payments to verify the <br /> accuracy of revenues reported, the basis upon which the fee calculations were <br /> made for each reporting interval, during the franchise review period; <br /> d) calculate the correct fees due each municipality for each quarter of <br /> the franchise review period, plus applicable interest and penalties if any; and, <br /> e) prepare and provide each municipality with a separate report <br /> summarizing each of the findings. <br />