HomeMy WebLinkAboutAgr 2003-04-09 (Tax Compliance Services)
AGREEMENT FOR AUDIT SERVICES - TOWN OF
TIBURON TRANSIENT OCCUPANCY TAX
THIS AGREEMENT, made and entered this ~ day of Apa.:.1 , 2003, by and between the
TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called "Town,"
and TAX COMPLIANCE SERVICES, hereinafter referred to as "Consultant,"
RECIT ALS
A. The Town wishes to ensure compliance with its Transient Occupancy Tax ordinance and
therefore has decided to retain a profession with experience and skill in managing
compliance with similar tax ordinances.
B. Consultant has experience and skill in reviewing compliance with transient occupancy tax
ordinances; reporting on compliance to taxing authorities and educating hot~l and motel
operators as to the as to proper collection and payment of the tax.
C. The parties wish to contract for the Consultant to provide the services described in
Exhibit A and Exhibit 1 ("Services"), which are attached hereto and incorporated herein by
reference.
AGREEMENT
1. Scope of Consultant Services. Consultant shall perform those Services described in
Exhibit A and Exhibit 1. Consultant may subcontract out certain of the Services to other
Consultants only as may be approved in advance in writing by Town. In the event of such
subcontracting, Consultant shall remain responsible for the full performance of such
servIces.
2. Compensation. Consultant's fee for the Services shall be two thousand, eight hundred and
fifty dollars ($2,850), which shall be payment in full for all Services. Consultant shall
submit an invoice after satisfactory completion of the Services. Payments shall be due thirty
days after submission of the invoice.
3. Standard of Work: Indemnity. Consultant shall perform the services in a skillful and
professional manner compatible with the usual, customary standard of Consultant's
profession. Consultant shall indemnify, defend and hold Town harmless from and against
claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent
act or omission of Consultant's in the performance of the Services pursuant to this
Agreement.
4. Consultant as Independent Contractor. Consultant (including its agents and employees) is
not an agent or employee of the Town but is an independent contractor not subject to the
direction and control of the Town. Without limiting the foregoing, Consultant shall
maintain complete control of its operations and personnel and shall be solely liable and
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responsible to pay all required salaries, wages, expenses, taxes and other obligations,
including, but not limited to, withholding and Social Security.
5. Audit of Books and Records. Town may, in its sole discretion, undertake an independent
audit and/or evaluation of the Consultant's records and accounts of expenditures and
program activities at its own expense. Consultant shall furnish all items necessary in the
Town's discretion to complete said audit and/or evaluation subject to restrictions on
confidentiality limited to expenditure or receipt of program funds, and program quality.
6. Ownership of Documents. All documents, including drawings and specifications
prepared by Consultant pursuant to this Agreement shall be the property of Town.
7. Termination of Contract. Either party shall have the right to terminate this agreement after
10 days written notice to the other party. In such event, Consultant shall deliver to the Town
copies of all finished and unfinished surveys, studies, documents, computer disks, and/or
reports pertaining to the contract, and Consultant shall be entitled to receive just and
equitable compensation for any satisfactory work completed as determined by the Town.
8. Discrimination. In the performance of the terms of this Agreement, Consultant shall not
engage in nor permit others he may employ to engage in discrimination in the employment
of such persons based on race, color, religion, sex, sexual preference, age, or handicapped
conditions.
9. Miscellaneous.
A. Other Contract Provisions. Other contract provisions are set forth in Exhibit A and
Exhibit 1. To the extent that there are any inconsistencies with these Exhibits and
the other portions of this Agreement, the latter shall prevail.
B. Governing Law. This Agreement shall be governed by the laws of the State of
California.
C. Severability. If any provision of this Agreement is found to be invalid or
unenforceable, the validity and enforceability of the remaining portions shall not be
affected unless the effect thereof would materially change the economic burden on
either party.
D. Successors in Interest Assignment. This Agreement shall be binding on the assigns
and successors in interest to both parties. Neither party may assign their obligations
under this Agreement without the written consent of the other party.
E. Entire Agreement Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
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IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
TAX COMPLIANCE SERVICES
TOWN
By:
Alex D. McIntyre, Tow
APPROVED AS TO FORM:
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