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. �1,2� N 1 3 <br /> 5. CITY's RESPONSIBILITIES <br /> To facilitate and maximize the effectiveness of the abo��e compliance review activities, the <br /> CITY shall diligently assist MMC by performing the following: <br /> A. Necessary Information. <br /> ?he CITY will provide MMC, on a timely basis, with information necessary to <br /> conduct its compliance review activities including but not limited to: monthly UUT <br /> payment histories, exemption lists, and SB 278 gas and electric lists (including names <br /> of customers refusing to pay surcharges), and certified copies of the UUT ordinance <br /> and any subsequent amendments. <br /> B. Letter of Authorization. � <br /> The CITY will provide a letter of authorization identifying MMC as an authorized <br /> agent of the CITY to perform utility users tax compliance audits, to receive and <br /> examine appropriate utility and customer records (hard copy and data format) <br /> necessary to assure UUT tax compliance, and to execute necessary nondisclosure <br /> agreements approved by the CITY. <br /> C. Legal Interpretations of Ordinance. <br /> Upon request, the CITY will provide MMC with appropriate legal and administrative <br /> interpretations of its UUT ordinance. It is agreed and understood that the CITY will <br /> retain the exclusive authority and responsibility to administer, interpret, and enforce <br /> its UUT ordinance, recognizing that the role of MMC and LAW FIRM is limited to <br /> employing their unique expertise and proprietary tools for: i) detecting and <br /> identifying errors/omissions b}� utility service providers or utility users in the <br /> application, calculation, collection, and/or remittal of UUT; and, ii) providing the <br /> CITY with technical assistance, without assumin= or being delegated the authority or <br /> responsibility of the CITY to administer, interpret, and enforce its UUT ordinance <br /> and standard utility franchise agreements. <br /> 6. CO'.VIPENSATION/TERM <br /> A. Annual Fixed Fee <br /> 1. Total Annual Fixed Fee. The CITY's total annual fixed fee for participating in <br /> the PROGR.AM shall be the greater of: i) one-half percent (0.5%) of the total <br /> LTUT revenues received by the CITY (excluding UUT revenues derived from <br /> CATV) based on the prior fiscal year, or ii) ten thousand dollars ($10,000). <br /> 2. Allocation of Annual Fixed Fee. Said annual fixed fee payment shall be <br /> allocated, and paid separately, to LAW FIRM and MMC as follows: i) to <br /> LAW FIRM, the greater of one-eighth of one percent (0.125%) of the total <br /> UUT revenues or five thousand dollars ($5,000), as reflected in a separate <br /> attomey/client agreement with the CITY, and ii) to MMC, one-half of one <br /> percent (0.5%) of the total UUT revenues less the amount allocated and paid <br /> separately to LAW FIRM. At any time, LAW FIRM and MMC may, by <br /> mutual agreement, adjust their proportional share of said total annual fixed <br /> fee, provided that such parties shall provide prior written notice of such <br /> adjustment to the CITY. <br /> Aemt-412 6 ` <br /> F:'Shared%Red�cood/Council <br /> F\� dil: <br /> 10, I3'00 <br />