2014-159 Agreement with Collins Barrow Toronto LLPThe Corporation of the Township of Oro-Medonte
By -Law No. 2014-159
A By-law to Authorize the Execution of An Agreement Between
The Corporation of the Township of Oro-Medonte
and Collins Barrow Toronto LLP
Whereas the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended, states
that it is the role of Council to ensure that administrative practices and procedures are in
place to implement the decisions of Council;
And Whereas the Council of The Corporation of the Township of Oro-Medonte deems it
desirable to enter into an agreement with Collins Barrow Toronto LLP to conduct an
evaluation of the tax payments of the municipality for the purpose of identifying and
recovering overpayments of HST or payroll taxes;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That the Treasurer be authorized to execute the Agreement attached hereto as
Schedule "A" and forming part of this By-law.
2. And That this by-law shall take effect on the final passing thereof
By-law read a First, Second and Third time, and Passed this 1st day of October,
2014.
The Corporagon of the Township of Oro-Medonte
Collins Barrow
Chartered Accountants
AGREEMENT BETWEEN
Collins Barrow Toronto LLP.
(Hereinafter referred to as "CBT")
And
Township of Oro - Medonte
(Hereinafter referred to as "Client")
1. The parties agree that CBT will undertake an evaluation of the tax payments of CLIENT for the express purpose of
identifying and recovering overpayments of Goods and Services Taxes, Harmonized Sales Tax, Payroll Taxes, and
accounts payable overpayments together with interest thereon or any other amounts that may be subject to
recovery. (hereinafter `CLIENT recoveries')
2. Where CLIENT recoveries are identified, CBT undertakes to perform the work required to assemble the
documentation and file a recovery claim with the appropriate government authority on behalf of CLIENT.
During the course of this engagement process it is understood that CBT may come across exposures related to the
parameters of the evaluation. CBT will make CLIENT aware of any of these exposures it may identify.
4. CLIENT agrees that from the engagement commencement date, to the date of completion, CLIENT will make
available to CBT all pertinent business and taxation records, including all payment transactions and historic records,
including any other information required to complete the evaluation. CLIENT agrees to co-operate with CBT for the
purpose of performing the evaluation in a timely manner.
CLIENT acknowledges that CBT is entitled to compensation based solely upon the successful recovery of funds
arising from the evaluation. The parties agree that CBT will undertake its evaluation and will be paid compensation
from recovered funds. CBT's fee is based solely upon a 'contingency fee'. Now therefore, CLIENT agrees that
CBT shall be entitled to a contingency fee of Thirty Five percent (35%) of all overpayments recovered (including any
interest) by CLIENT.
a. CBT shall be paid from the CLIENT recoveries when they have been received either by way of
cheque(s), supplier credit notes, reduction in accrued taxes, internal adjustments or any other amounts
payable, or as may be approved under Federal and Provincial legislation.
b. For the purposes of the calculation of CBT's fee, CLIENT recoveries are not subject to any form of set-off
that may be attributable to CLIENT' accrued taxes, supplier liabilities, or any other amounts payable by
CLIENT to tax authorities or third party.
6. CBT fees are due and payable upon receipt of any refunds, credits, tax reductions, internal adjustments or when
CLIENT realizes a reduction of liability from government agencies attributable to the efforts of CBT. Upon
notification of a refund payment, or reduction in liabilities, CBT will invoice CLIENT for its services. The invoice will
be due and payable upon receipt by CLIENT. CBT shall be entitled to interest on all over -due accounts at twelve
(12%) percent per annum calculated monthly.
7. CBT will assume reasonable expenses incurred by CBT in respect of the evaluation necessary to ascertain and
obtain the CLIENT recoveries.
Initials: CLIENT CBT
' Collins Barrow
Chartered Accountants
8. No fees are payable by CLIENT, if CBT is unable to identify any tax refunds or overpayments for CLIENT
9. In the event government tax authorities re -assess any refunds generated by CBT'S evaluation, after CBT has
received its Contingency Fee, CBT agrees to repay its portion of the Contingency Fees relevant to the re-
assessment to CLIENT, after being afforded a reasonable opportunity to investigate the `re -assessment'
10. CBT shall keep all CLIENT business and tax information, to which it is has been granted access, in strict
confidence and shall not disclose any information to any other person, entity or corporation save and except for the
purposes of assessing and recovering any overpayments.
11. CBT and CLIENT agree that either party may transmit documentation by tele -fax or similar system, reproducing the
original, with the necessary signatures and initials and acceptance shall be deemed to be made when the tele -fax is
identified as successfully receipted by the party, his agent or solicitor.
12. CLIENT hereby appoints authorizes and directs that CBT be its agent for the express purpose of communicating
with, obtaining and exchanging business, accounting and tax information relating to or generated by CLIENT for
purposes of the outlined engagement with all Federal, Provincial and Territorial Governments and their agencies
within Canada. CLIENT undertakes to execute any documents necessary to facilitate the transmission and
exchange of information in furtherance of this Agreement.
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CBT undertakes to intervene and act on CLIENT's behalf, with CLIENT's consent with the government agency,
where necessary, for the purpose of expediting CLIENT's refund claim.
Client agrees to keep all reduced rate and tax strategies internal and in strict confidence.
The terms of this agreement can only be amended in writing signed by both parties.
The laws and judicial jurisdiction of the Province of Ontario shall apply to this agreement.
Both parties agree that all written communication in the form reports or any other required documentation in the
engagement process will be in English.
Signed on this day of De 46ey- 20
/�� V 2
( or CLiEXM
Title:
(For CBT) Philip Tetlow
Title: Senior Vice President,Tax Services