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.
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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"