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Redwood City UUT Agmt 080515 Exhibit A – Page 3 <br /> 1) The Agreement hereby authorizes MuniServices to examine the BOE’s records pertaining to the prepaid local charge (i.e., prepaid wireless UUT) and to use such information only for purposes related to such collection; 2) MuniServices agrees to disclose information contained in or derived from, those records only to an officer or employee of the City authorized by resolution to examine the information; 3) MuniServices will not perform any consulting services for a “seller” (as defined in AB 1717) during the term of the Agreement; 4) MuniServices shall not retain information contained in, or derived from, those prepaid local charge records, after the Agreement has expired; 5) MuniServices shall, to the same extent as the Board of Equalization, be subject to Revenue and Tax Code Section 55381, relating to unlawful disclosures; 6) The Agreement shall not permit a contingent fee arrangement as payment for services rendered pertaining to prepaid local charges; and that any fees paid by City to MuniServices for City specific auditing of a "seller" of prepaid wireless UUT remitting to the BOE, will only be done pursuant to a separate agreement which will not involve any contingent fee arrangement. 3. Ordinance Update and Election Assistance: Law Firm will provide to the City Attorney periodic reviews and recommended updates to the UUT ordinance, administrative rulings to address new issues that may arise because of deregulation, litigation, changes in laws or regulations, the unbundling of traditional utility services, or the introduction of new technologies to provide utility services. Such recommendations will typically clarify or add procedural protections to the existing ordinance, and should not require a Proposition 218 election approval. If a major modernization of the ordinance is deemed necessary, with voter approval, MuniServices and Law Firm will assist the City with ordinance language, staff reports, revenue forecasts, draft ballot language, and Law Firm will attend one City meeting at no additional cost. 4. Administrative Rulings: Under an updated UUT ordinance, the Tax Administrator has the authority to periodically issue administrative rulings as new tax application issues arise. MuniServices and Law Firm will assist City by timely identifying those issues, facilitating a thorough discussion among the client cities on an appropriate ruling, and then drafting a recommended ruling for your City’s consideration. 5. Technology Reviews: MuniServices will continually research utility market information to identify potential taxable services delivered by new technologies and new providers. <br />Article 3-Compensation for UUT Compliance, Administration and Revenue Protection Program <br /> <br />A. Annual Fixed Fee <br /> 1. Total Annual Fixed Fee: The City’s total annual fixed fee for participating in the Program (including Law Firm) shall be the greater of six-tenths of one percent (0.6%) of the total UUT taxes received for the most recent fiscal year by the City (excluding UUT revenues derived from sewer, water and trash) or a minimum fee of $15,000. For the first year of the agreement, the City will provide the actual UUT payments received for fiscal year ending June 30. This will be the basis for the first <br />ATTY/AGR/2015.175/MUNISERVICES INC. <br />REV: 08-20-15 RL <br />6.1.O. - Page 25