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Home My WebLink AboutCable Franchise Fee Audit ELIZABETH A. NEV~,I,F, TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 393 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18, 2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to execute an agreement to eneaee the firm of Troy & Banks Consultants. LLC to conduct an audit of cable television franchise fees; said agreement subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk ACCOUNTING & FINANCE DEPT. John A. Cushman, Town Comptroller Telephone (631) 765-4333 Fax (631) 765-1366 E-mail: accounting@town.southold.ny.us TOWN HALL ANNEX Feather Hill, Building 10 620 Traveler Street P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR June 26,2002 Thomas T. Ranallo, Manager Troy & Banks Consultants, LLC Snyder Professional Center 4536 Main Street Buffalo, NY 14226 Dear Mr. Ranallo: As a result of your presentation to the Long Island Association of Municipal Comptrollers and your subsequent agreement to reduce your contingency fee from 50% to 40% of any retroactive refunds, the Town Board of the Town of Southold has agreed to engage your firm to conduct a cable franchise fee audit. I have enclosed a fully executed agreement along with the authorization letter you need to commence with the audit. A copy of the Town Board's resolution is enclosed for your files as well. Please contact me should you require any additional information. We look forward to learning the results of your review. Very truly yours, ~ushma~ Town Comptroller CC: William Moore, Councilman Elizabeth A. Neville, Town Clerk Gregory Yakaboski, Town Attorney THOMAS T. IL~NALLO CHRISTOPHER B. CAMPBELL EDGAR H. FOSTVEIT RICHARD J. KOBOR GARY L. SHARP MONTGOMERY J. GALE DERRIN LIPA SCOTT LEx, VIS TROY & BANKS CONSULTANTS, LLC ' R SNYDER PROFESSIONAL CENTE 4536 MAIN STREET BUFFALO, NE%V YORK 14226 (716) 839-4402 (800) 499-8599 Agreement This Agreement is entered into as of 6/18/02 between Troy & Banks Consultants, LLC ("TB") and the ?own of $out:hold with an address at 53095 Rout:e 25.?0 Box l179,$outhold, ~ l1971-095~he"Client").- TELEFAX NO (716) 839-4452 In consideration of the mutual agreements hereafter set forth, TB and Client agree as follows: 1. The Client engages TB to conduct a cable television franchise fee compliance audit for the purpose of verifying the accuracy of the franchise fees paid or due to the Client. TB agrees to conduct such audit. 2. Audit - TB shall identify what specific sources of revenue are subject to franchise fees, examine relevant accounting data, examine franchisee accounting data and supporting documentation, identify all revenue sources by classification, and verify calculations. TB shall also evaluate allocation methodology with respect to non-subscdber revenue, conduct a search for unreported revenues and examine the cable operators database to determine if all active addresses within the Client's boundaries were included in the franchise fee remittances. 3. Refunds - Client agrees that TB will receive as its compensation for this service a contigency fee of forty percent (40%) of the underpayments identified and recoverable under its franchise agreement and/or federal law. TB has made and makes no guarantee or assurance that our audit will produce a refund due to franchise fee underpayments. If there is no recoverable underpayment obtained for the benefit of the Client, TB acknowledges that there will be no fee payable. This Agreement sets forth the entire understanding and agreement between the parties. [Client Name] Town of Southold By: Name: Joshua Y. Horton Troy & Banks Consultants, LLC Thomas T. Ranallo, Managar Title: Supervisor Telephone: Telefax: (631) 765~1889 (631) 765-1823 ACCOUNTING & FINANCE DEPT. John A. Cushman, Town Comptroller Telephone (631) 765-4333 Fax (631) 765-1366 E-mail: accounting@town.southold.ny.us TOWN HALL ANNEX Feather Hill, Building 10 620 Traveler Street P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR June 20,2002 Cabievision 1600 Motor Parkway PO Box 6006 Hauppauge, NY 11788-9006 Dear Representative: We have retained the firm Troy & Banks, Inc. io examine the records of our television cable provider, in accordance with the applicable provisions of the Franchise Ordinance. The objective of this examination is to determine the accuracy of the franchise fees remitted to client. Please respond to Troy & Banks, inc. in all matters pertaining to this engagement. This includes providing all information needed to complete the examination. This authorization shall continue until same is canceled in writing from our office. Troy & Banks is hereby authorized to pursue ail amounts due the client should any underpayments be identified as a result of this engagement. Their representative will present this request when contacting your office. Sincerely, ua Y. Horton Supervisor