EXHIBIT J-2
MINIMUM PROCEDURES TO BE PROVIDED
BY THE ACCOUNTANTS
July 29, 2005
Mr. G. William Hunter
Executive Director
National Basketball Players Association
2 Penn Plaza, Suite 2430
New York, New York 10121
Dear Billy:
This will confirm our agreement that the attached accounting
procedures are the procedures that will be in effect
for purposes of Article VII, Section 10 of the Collective
Bargaining Agreement entered into on July 29, 2005,
unless such procedures shall be modified by agreement
of the parties.
If the foregoing coincides with your understanding of
our agreement, please sign this letter in the space
provided below.
Sincerely,
/s/ JOEL M. LITVIN______
Joel M. Litvin
AGREED TO AND ACCEPTED:
NATIONAL BASKETBALL PLAYERS ASSOCIATION
By: /s/ G. WILLIAM HUNTER__________
G. William Hunter
Executive Director
MINIMUM PROCEDURES TO BE PROVIDED BY ACCOUNTANTS
General
• The Audit Report (and any Interim Audit Report
or Interim Escrow Audit Report) must be prepared in
accordance with the relevant terms of the Collective
Bargaining Agreement (“CBA”), which should
be reviewed and understood by all auditors.
• The Basketball Related Income Reporting Package
and instructions should be reviewed and understood by
all auditors.
• All audit workpapers should be made available
for review by representatives of the NBA and Players
Association prior to issuance of the report.
• A summary of all audit findings (including any
unusual or non-recurring transactions) and proposed
adjustments must be jointly reviewed with representatives
of the NBA and Players Association prior to issuance
of the report.
• Any problems or questions raised during the
audit should be resolved jointly with representatives
of the NBA and Players Association (or by the Accountants,
to the extent called for under the CBA).
• All estimates should be reviewed in accordance
with the CBA. Estimates are to be reviewed based upon
the previous year’s actual results and current
year activity. All estimates should be confirmed with
third parties when possible.
• Revenue and expense amounts that have been estimated
should be reconfirmed with the controller or other team
representatives prior to the issuance of the Audit Report
on or before the last day of the Moratorium Period.
• Where appropriate, team and NBA revenues and
expenses should be reconciled to audited financial statements.
• All reporting packages and supporting schedules
are to be completed in U.S. dollars.
• The Auditors may consider, but are not bound
by, the value attributed to or treatment of revenue
or expense items in prior years.
• Auditors should be aware of revenues excluded
from BRI. The Teams should be instructed to make available
to the Auditors all information necessary to determine
categories of revenues they have excluded from BRI.
Questions regarding whether revenues or expenses are
includable or excludable from BRI should be reviewed
with both parties to determine proper treatment. Auditors
should perform a review for revenues improperly excluded
from, or included in, BRI.
Team Salaries
• Trace amounts to the team’s general ledger
or other supporting documentation for agreement.
• Foot all schedules and perform other clerical
tests.
• Examine an appropriate sample of player contracts,
noting agreement of all salary amounts, in accordance
with the definition of Salary in the CBA.
• Compare player names with all player lists for
the season in question.
• Inquire of controller or other representative
of each team if any additional compensation was paid
to players and not included on the schedule, whether
or not paid for basketball services. Also inquire if
any business arrangements were entered into by the team
or team affiliate with players or their affiliates,
including with retired players who played for the team
within the past five (5) years.
• Review performance bonuses to determine whether
such bonuses were actually earned for such season.
• Review signing bonuses to determine if they
have been properly allocated in accordance with the
terms of the CBA.
• Confirm that, where provided in the CBA, certain
contracts have been averaged.
Benefits
• Trace amounts to the team’s general ledger
or other supporting documentation for agreement.
• Foot all schedules and perform other clerical
tests.
• Investigate variations in amounts from the prior
year through discussion with the controller or other
representative of the team.
• Review each team’s insurance expenses
for premium credits (refunds) received from Planet Insurance
Ltd. (owned by Teams) and the players’ medical
and dental insurance carriers (amounts can be obtained
from League Office).
• Review League Office supporting documentation
with respect to Benefits.
Basketball Related Income
• Trace amounts to team’s general ledger
or other supporting documentation for agreement.
• Foot all schedules and perform other clerical
tests.
• Trace gate receipts to general ledger and test
supporting documentation where appropriate.
• Gate receipts should be reviewed and reconciled
to League Office gate receipts summary.
• Verify amounts reported as luxury suite revenues
with supporting documentation from the entity that sold,
leased or licensed such luxury suites.
• Verify amounts reported as complimentary tickets
and tickets traded for goods or services with supporting
documentation from the team.
• Trace amounts reported for novelties and concessions,
game parking, game programs, Team sponsorships and promotions,
arena signage and arena club sales to general ledgers
and test supporting documentation where appropriate.
• Where reported amounts include proceeds received
by a Related Party, verify the amounts reported with
supporting documentation from the Related Party.
• Examine the National Television and Cable contracts
at the League Office, and agree to amounts reported.
• Review, at League Office, expenses deducted
from the National contracts in accordance with the terms
of the CBA. Review supporting documentation and test
where applicable.
• Examine local television, local cable and local
radio contracts. Verify to amounts reported by teams.
• When local broadcast revenues are not verifiable
by reviewing a contract, detailed supporting documentation
should be reviewed and tested.
• All loans, advances, bonuses, etc. received
by the League Office or its teams should be noted in
the report and included in BRI where appropriate.
• Schedules of NBA Radio, NBA TV, international
broadcast, NBA Media Ventures, copyright royalty revenues
and expenses should be obtained from the NBA. Schedules
should be verified by agreeing to general ledgers and
examining supporting documentation where applicable.
• Schedules of revenues and expenses reported
by Properties for sponsorship, NBA related revenues
from NBA Entertainment, and NBA Special Events should
be obtained from the NBA. Schedules should be verified
by agreeing to general ledgers and examining supporting
documentation where applicable.
• Net exhibition revenues and expenses should
be verified to supporting documentation where appropriate.
• All amounts of other revenues should be reviewed
for proper inclusion/exclusion in BRI. Test appropriateness
of balances where appropriate.
• Determine the ratio of expenses to revenues
for those categories of proceeds that come within the
provisions of Article VII of the CBA and determine the
extent to which expenses should be disallowed, if at
all, pursuant to the provisions of that Section.
Playoff Revenues
• All sources of playoff revenues and expenses
should be verified per the procedure outlined for Basketball
Related Income.
• Because of the late timing of the Playoffs,
special attention should be given to revenue and expense
estimates.
• Playoff gate receipts should be recorded net
of Taxes. Payments made to the Playoff Pool should not
be deducted. Odd game payments should not be either
deducted by the paying team or recorded by the receiving
team.
• Other playoff expenses should be reviewed in
accordance with the terms of the CBA.
• Team expenses paid by the League Playoff Pool,
including travel expenses, should not be deducted by
teams.
• Review League Office supporting documentation
as to expenses deducted from the Playoff Pool.
Questions Concerning Related Party Transactions
• Review with controller or other representatives
of the team the answers to all questions on this schedule.
• Review that appropriate details are provided
where requested.
• Prepare summary of all changes.
List of Related Parties
• Review with controller or other representatives
of the team all information included on the schedule
of related entities.
• Prepare a summary of any changes, corrections
or additions to the schedule.
• Review supporting details of any changes.
• Any revenue from a Related Party should be reviewed
with both parties to determine proper treatment under
the CBA.
• Inquire of the controller or other representative
of the team what, if any, Related Parties exist, and
discuss with the parties what, if any, amounts should
be included in BRI.
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