2002 - 02-04-02 Regular Meeting - Laserfiche WebLink

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c~~ 8 piuF 727 007 STATE OF NORTH CAROLINA COUNTY OF LEE AGREEMENT THIS AGREEMENT, made and entered into this the day of 2002, by and between the CITY OF SANFORD, a municipal corporation of the State of North Carolina, hereinafter referred to as "City," and the COUNTY OF LEE, one of the counties of the State of North Carolina and a body both politic and corporate, hereinafter referred to as "County;" WITNESSETH: WHEREAS, the County has engaged Dixon Odom, PLLC, to amended or create a correct County breakdown schedule for those entities, agencies, and municipalities entitled to a refund for sales tax and to submit amendments to the N.C. Department of Revenue in an effort to see that the County will receive its correct amount of sales tax distribution for the State; and WHEREAS, Dixon Odom, PLLC, basis their offer upon their ability to increase the County's distribution from the State and if they are unable to amend any reports of the entities examined, there will be no cost to the County; but, if as a basis of such amendments there is an identifiable increase in taxes allocated and distributed, then the County is to pay 33.3% of the sale tax so identified and allocated; and WHEREAS, the Supreme Court of North Carolina has determined that contingent fee contracts for private tax auditor's services are not contrary to public policy; and, WHEREAS, such refunds would inure to the benefit of the City which also receives an allocation of sales tax and apportionment of the expense on the basis of 68.3% by the County and 31.7% by the City is fair and reasonable; NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived, the parties do hereby agree as follows: 1. The County will contract with Dixon Odom, PLLC, to perform tax- auditing services in keeping with the letter attached hereto as Exhibit "A". 2. The City will pay to the County 31.7% of invoices received by the County from Dixon Odom, PLLC, for fees earned pursuant to such contractual arrangements. Such payments to be made within seven (7) days after the receipt of its quarterly allocation of sales tax from the N.C. Department of Revenue upon which the increased tax was distributed.