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HomeMy WebLinkAboutRES 21-118RESOLUTION NO. 21-118 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Agreement with Troy and Banks, of Buffalo, New York, for cable franchise fees auditing services at a contingency fee of forty percent (40%) of the underpayments identified and recoverable under its agreement and/or State and Federal law through the Interlocal Purchasing System (TIPS) Cooperative Purchasing Program. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of May, 2021. �y i Corporate arcae: BUFFALO - NEW YORK 2216 Kensington Avenue Kensldi Avenue at Saratoga Santa NY 11221 (800)499E599 (716)0394402 Telefax p16) 639-0452 Branch Offices: CALIFORNIA 398 E Camb Ave. Fresno, CA 93654 Post oRlce Box 550700 So. Lake Teboe, CA 96155 FLORIDA Post Office Box 14192 PC Lauderdale. FL 33302 2330 Waffler Circe Lakeland FL 33810 NEW YORK Rockefeller Center Post Office Box 3966 New York NY 10185 (212)699-0621 450 Jencks Turnpike Suite 203 Mineola, NY 11501 (516)746-0992 31 Hidden Valley Road Rochester, NY 14624 TEXAS 5418 Eckhart Rd.#3101 Sen An.,. TX 78240 VIRGINIA 325 East Bayv'lew Blvd. Suite#201 Norfolk, VA 23503 (757) 932-1414 man: aa.awoynenks.oam lia.m taddrns: wwwtrovbanke.com TROY & BANKS AGREEMENT TIPS Contract Number 200601 Consulting and Other Related Services This Agreement is entered into as of between Troy & Banks ("T&B") and with an address at (the "TIPS Member'). In consideration of the mutual agreements hereafter set forth, T&B and the TIPS Member agree as follows: 1. The TIPS Member engages T&B to conduct an audit for the purpose of verifying the accuracy of the cable franchise fee payments paid or due to the Member for taxes, or any other monies. T&B agrees to conduct such audit. 2. Audit — T&B shall examine relevant accounting data, examine franchisee/tax accounting data and supporting documentation, identify all revenue sources by classification, and verify calculations. T&B shall also evaluate allocation methodology with respect to non -subscriber revenue, conduct a search for unreported revenues and examine the cable operators' database to determine if all active addresses within the Members boundaries were included in the franchise fee remittances. 3. Purpose — The purpose of each audit is to recover past taxes or any other monies or revenue owed to the Member that were not properly attributed to the Member or were not properly paid/collected and to determine future taxes and other monies owed to the Member not previously counted. 4. Refunds — Member agrees that T&B will receive as its' compensation for this service a contingency fee of forty percent (40%) of the underpayments identified and recoverable under its agreement and/or state and federal law. 4. T&B has made and makes no guarantee or assurance that our audit will produce a refund due to franchise fee underpayments. 5. If there is no recoverable underpayment identified for the benefit of the Member, T&B acknowledges that there will be no fee payable. 6. If the TIPS Member pays the T&B invoice in full within 30 days of the date of the invoice, there will be a 1 % discount on the amount due to T&B. 7, This Agreement sets forth the entire understanding and agreement between the parties. [TIPS Member Name] Troy & Banks ByI By: Thomas T. Ranallo, Manager Name. Title'. Telephone: Telefax: EXHIBIT "A"