Agmt17 MuniServices, LLC - Laserfiche WebLink

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make recommendations to client cities, their lobbyists, and other potential stakeholders or municipal advocates and otherwise assist in developing effective consensus positions and coordinated advocacy. 2. Technoloav and Marketina Analvsis: MuniServices will identify, monitor and anticipate changes in technology, services, or marketing of services, which may have an impact on future UUT revenues. 3. Compliance with AB 1717 (Prepaid wirelessl: MuniServices will assist the City in meeting the requirements of the new state law on the collection of the UUT, including establishing statutory eligibility and satisfying the requirements of the Board of Equalization per AB 1717. a. Whereas, AB 1717 was enacted with an effective date of January 1, 2015, and a collection date commencing January 1, 2016, and establishes a statewide method of collecting the City's UUT on prepaid wireless services; b. Whereas, AB 1717 imposes certain restrictions on third party consultants of the City who are designated and authorized by the City to examine certain Board of Equalization (hereinafter "BOE") documents relating to the collection of the City's utility users tax on prepaid wireless services, as covered by AB 1717; c. In order to satisfy those statutory requirements of AB 1717, the Parties agree to include those statutory requirements relating to MuniServices' examination of BOE documents pertaining to the City's prepaid wireless UUT, as follows: 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 55351, 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. D. UUT Ordinance Imolementation MuniServices will provide the following: a. Assist the City in satisfying the requirements of AB 1717 (prepaid wireless), including required BOE documentation. b. Analysis and recommendation (including drafting amendment language) on proposed state and federal legislation (in coordination with C.Q. c. Assistance with tax application issues, including taxation of new technologies or services; including preparation of Administrative Rulings. d. Assistance on issues involving "bundling rule" and tax allocation/apportionment. e. Assistance on nexus issues (re: tax application and collection). f. Review of city's tax info/forms on uutinfo.org. g. Assistance on\bluntary Disclosure Agreements (offers to compromise owed taxes). h. On request, review of exemption status of individual utility user. I. Participation on monthly conference call with client cities. REV: 01-30-1715 Page 11 of 18 ATTY/AGR.2017.012/MuniServices, LLC - UUT & AB1717