2013-341 Tax - Tax Management Associates for Tax Audits of County Businesses $3,435

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J. If through any cause, TMA or the County fails to fulfill its obligations as provided by this Agreement, or materially violates any of the covenants or stipulations within this Agreement, or becomes unsatisfied with services rendered, and such failure or violation continues for thirty (30) days after written notice thereof by a party, either party shall thereupon have the right to terminate this Agreement immediately upon giving thirty (30) prior written notice to the other party. Said notice shall be mailed to the party by certified mail to the mailing address as specified herein. In the event of termination, all audits assigned and completed by TMA and all fees for completed audits shall be payable in accordance with the terms as provided by this Agreement, less any costs or expenses incurred or anticipated to be incurred by the County due to any errors or omissions of TMA. Should this Agreement be terminated, TMA shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic or files relating to the audit. K. It is expressly understood and agreed to by TMA and the County that the audit services performed under this Agreement represent an examination of data and materials, as might be contained in a taxpayer's accounting records or other documents, for the purpose of verifying the accuracy of listings, reports, or statements filed with the County in connection with a taxpayer's listing of property. This service is not an appraisal service except that information obtained in an audit performed by TMA may be used by the County Tax Administrator to form an opinion or estimate of value as in an appraisal. TMA is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the audits. L. COST AND PAYMENT FOR AUDIT SERVICES: 1. The County shall pay to TMA for services furnished under this Agreement the sum of seven hundred thirty-five dollars ($735.00) per taxpayer location assigned for audit by the County. TMA agrees to bill the County on a monthly basis; however, no billing shall include charges for services rendered on an audit unless and until the audit has been completed and the taxpayer's appeal rights exhausted or time barred by applicable statutes of limitations, unless otherwise agreed by the County Tax Administrator. 2. Invoicing - The County agrees to pay TMA for all properly completed and invoiced services. If the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated in an invoice until the parties resolve the dispute. Should TMA fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payments associated with the work to be performed until such time as said work is completed. 3. Not Contingency Fee — It is expressly understood by the County and TMA that the invoicing provisions of this contract and/or contract addendum(s) are not subject to or contingent on the results of any or all audit(s) assigned by County to TMA and performed by TMA. Fees for said audits, regardless of the outcome or results of said audits, will be invoiced by TMA to the County after said audits have been completed and the taxpayer's appeal rights exhausted or time barred by applicable statutes of limitations, unless otherwise agreed by the County Tax Administrator.