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E. MuniServices to Acquire its own Leoal Services <br />1. In the course of providing the services to City described herein, MuniServices <br />may require and obtain legal services from in house or outside legal counsel, which <br />it will obtain at its own costs. MuniServices, however, shall not provide legal advice to the <br />City; nor will it provide legal analysis or advice to citizens or service suppliers <br />involving an interpretation or application of the City's UUT ordinance. Notwithstanding the <br />foregoing, MuniServices will provide its technical assistance and expertise, upon request, <br />to the City Attorney, regarding an interpretation or application of the City's UUT ordinance. <br />MuniServices Citv-Soecific UUT Compliance Reviews (Optional) <br />In the course of performing the various UUT compliance activities, MuniServices may discover <br />discrepancies or other evidence of possible significant non-compliance. MuniServices may <br />thereupon advise the City that it may be prudent to conduct a city -specific compliance review of a <br />particular service provider or taxpayer, or specific issue relating to such service provider or <br />taxpayer. The City may authorize such city -specific compliance actions for utility user's tax <br />purposes or in connection with a gas, electric, CATV, water, garbage franchise, etc., as follows: <br />Citv-Soecific Comuliance Reviews: Scooe of Work <br />At any time during the term of this Agreement, with the prior mutual consent of the City, <br />MuniServices may perform a city -specific audit of a particular utility provider related to UUT <br />payments and/or Utility Franchise Fees (if applicable). The focus of the city -specific audit is the <br />compliance of said utility provider with the City's UUT ordinance and/or Franchise Fee agreement. <br />This service includes an actual request for, and review of the utility provider's books and records. <br />The City and MuniServices shall discuss the parameters of the proposed city -specific audit and shall <br />agree upon which of the following shall be included in the city -specific audit: <br />Documentation <br />a. Submit Audit Notification Letter along with a Letter of Authorization (LOA) from the City. <br />b. If necessary, attempt to obtain a waiver on the Statute of Limitations for the audit. <br />c. Submit a Request for Information (RFI) outlining the information needed to complete <br />the audit to the Provider(s). If necessary, the City may issue a subpoena to the <br />Provider(s) to obtain the needed information to complete the audit. <br />2. Review and Analvsis <br />a. Review the work papers and supporting documentation used in the <br />computation of the UUT and/or Franchise Fee payments. <br />b. Compare the utility provider's payments, exclusions and other computations as related <br />to the UUT and/or franchise agreement. Compare the actual payments made to the City <br />for timeliness and accuracy. <br />c. Review and analyze the provider's general ledger and financial statements. Compare <br />and analyze the data for reasonableness, completeness and accuracy as related to the <br />UUT and/or Franchise Fee. <br />d. Review and analyze the Provider's major revenue accounts in detail to: <br />i. Determine revenues that are to be included or excluded from the UUT and/or <br />Franchise Fee computations. <br />ii. Review the revenues excluded from the computations, if any. <br />REV: 01-30-1715 Page 12 of 18 <br />ATTY/AGR.2017.012/MuniServices, LLC - UUT & ABI 717 <br />