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Home My WebLink AboutTAX RECOVERY ASSOICATES SALES TAX REFUND TRA Specialists in Recovering Overpaid Taxes TAX RECOVERY ASSOCIATES, INC. SALESIUSE TAX REFUND ENGAGEMENT AGREEMENT Page 1 of2 In consideration of the mutual covenants contained herein, CITY OF AUGUSTA, GA. RICHMOND CO. hereinafter referred to as "Client") with Sales andlor Use Tax Number _ N/ A authorizes and engages Tax Recovery Associates, Inc., (hereinafter referred to as "TRA") as follOws: SERVICES TO BE PERFORMED 1. TRA shall conduct a review of Client's Sales and Use tax records (hereinafter referred to as "tax records") in order to determine any erroneously paid Sales and Use taxes as defined in p'aragraph 2 below for a perj.Qd of thr~e (3) years immedIately. preceding the execution of this Agreement and for any aadItIonal penod held open by an audI or waIver. 2. The term "erroneously-paid taxes" as included in this Agreement is defined as follows: a) Sales and Use Taxes which have been paid, which taxes would have been an allowable exeJ1lption to the requirement to pay such taxes pursuant to the rules, regulations and laws of the applIcable State; b) Taxes Raid inadvertently such as when paid to vendors and also paid by the Client's method of accrwil; c) Taxes paid using an improper rate or to an improper taxing authority; d) Taxes paid as a portion ofa lease paytnent which would otherwise be subject to an e.xemption, exclusion or come under the other circumstances set forth in subparagraphs a, b and c lIsted above; or, e) In the event that the Client has been made aware of an assessment by the taxing authority, any credits which Client realizes against such assessment through tlie efforts of TRA. SCOPE OF REVIEW 3. Both p.arties hereQy acknowledge that TRA will be reviewing only documents relating to the payment of Sales and Use Taxes to the taxing authorities or venaors, m order to determine if there is a refund due to the Client. 4. In the event TRA's review indicates that there are some erroneously-paid taxes as defined in paragraph 2, Client hereby authorizes TRA to promptly take all necessary action to claim such erroneously paid taxes from the approp-riate taXing authorities.. vendors, or other parties and TRA is authorized at its discretion, to file any necessary petitIOns, claims andlor appeals therewith on the Client's behalf, and to consult with other parties as necessary to obtain iiiformation associated with the recovery of any such erroneously-paid tax. CONFIDENTIALITY 5. Both parties hereby acknowledge that all data and or information provided by Client to TRA shall be field in a confidential manner and not divulged except as may be required in the performance of this Agreement, in making claims to the taxmg authorities or vendors or in obtaining other data as needed to conduct Its review. COSTS IN CONDUCTING REVIEW 6. TRA shall bear all costs incurred in reviewing Clients tax records, in preparing any required refund documents and the costs, if any, in appealing before the am>ropnate taxing ~ency and legal fees incurred in administrative heanngs before the State -Department of Kevenue. COMPENSATION TO TRA 7. In the event TRA does not discover any erroneously-paid taxes as defined herein, Client is under no fmancial obligation to TRA. '" ~,8.. In th~ ~xent.TRA q.iscoyer~ any eI!oneously-p~d taxes, Client shall pay TM. :within TAX RECOVERY ASSOCIATES, INC. SALESIUSE TAX REFUND ENGAGEMENT AGREEMENT PAGE20F2 9. Client hereby acknowledges that any past due payments shall accrue interest at the rate of 1 ~ % per month. REVERSAL OF CLAIM 10. In the event any such erroneous tax refund.. assessment credit, or lease payment reduction is reversed by the State and paid by Client WIthin three (3) years of Client's payment to TRA hereunder, TRA agrees to reimburse tlie Client the applicable contingency fee paId to TRA on the items reversed.. WIthin three (3) days of Client's payment of the same to the State. Separate refunds applied for by Client win be held se~arate from TRA's claim and TRA waives compensation on such Claims Unless Client requires TRA's assistance in arbitrating the claim. 11. This Agreement shall be bindin.&... upon the agents successors, and assigns of the parties hereto, and no change of ownership on:lIent or Client's business or assets shalf affect the terms hereof. 12. Client shall report to TRA all tax refund payments, assessment credits and lease payment reductions from taXing authorities and other patties. ATTORNEY'S FEES AND COSTS OF COLLECTION 13. In the event Client fails to compensate TRA as provided in this Agreement, Client shall pay all costs and expenses incurred by TRA in connection with the collection of sums due TRA hereunder, including reasonable attorney's fees. MODIFICATION . 14. This agreement shall not be modified or amended except in writing signed by both partIes hereto. GOVERNING LAW 15. This agreement shall be construed under the laws of the State of Georgia. NOTICE 16. Notice to either party pursuant to this ag:r:eement shall be in writing hand delivered or sent by certified mail return receipt reql)ested.. or by facsimile evidenced by facsimile receipt to the current addresses listed below. Both partIes are required to provide wntten notification of an address change. a~~1U=2~;;.,..T~0~~ the Client have executed this agreement, under seal, this 13~ TAX RECOVERY ASSOCIATES, INC. P.O. Box 14698 Augusta, Georgia 30919 Phone #: (706) 860-5744 Pax #: (888) 858-4910 BYE::C'" .~? Pri . James M. Turner CITY OP AUGUSTA 530 GREEN STREET, SUITE 801 AUGUSTA, GEORGIA 30901 Phone #: 706-821-2400 .. Pax #: 706-821-2819 By: c.!2....L~ Print Name: .pe-Fe CaJ>6 ~ /fyt ~