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�?.� Hly <br /> 3. Qu7rte[lY p3yments of Fixed Fee. Said annual fixed fee shall be paid in four <br /> equal quarterly payments with due dates of: March 31, June 30, September 30, <br /> and December 31. These quarterly payments are nonrefundable. The first <br /> quarterly payment shall be due on the next quarterly due date following the <br /> effective date of this Agreement. For purposes of compensation under this <br /> Section 6(A), the effective date of this Agreement shall be deemed to be <br /> January 1, 2000. <br /> B. Compensation for Work Performed Prior to December 31, 1999 <br /> 1. Non-CATV Audit Work Performed Prior to December 31. 1999. In addition <br /> to the annual fixed fee described in Section 6(A) above, MMC shall be <br /> entitled to performance-based compensation for "additional revenues" that the <br /> CITY receives for repoRing periods prior to and through December 31, 1999 <br /> as a result of the utility users tax program of MMC, or its predecessor <br /> Municipal Resource Consultants (hereinafter referred to as "MRC"). <br /> Accordingly, the CITY shall pay MMC twenty percent (2�°/a) of the <br /> additional revenues, including interest and penalties, that MMC is able to <br /> reasonably substantiate has resulted from its CITY-specific compliance <br /> review activities. Said 2�% applies to the additional revenues received by the <br /> CITY for the first twelve quarters following the correction of the <br /> error/omission. In addition, MMC may seek to recover all revenue due the <br /> CITY from prior periods, if any. In that case, MMC will also receive 25% of <br /> anti� retroactive recovery. <br /> Any "additional revenues" that the CITY receives for reporting periods after <br /> January 1, 2000, as a result of work performed by MMC/MRC prior to that <br /> date (other than CITY CATV audit work) shall not be subject to the <br /> performance-based compensation of this or any prior agreements. MMC/MRC <br /> hereby specifically waives an}' right to such compensation for reporting <br /> periods after January 1, 2000 as consideration for the CITY entering into this <br /> AGREEMENT for a minimum of twenty-four (24) months. <br /> 2. CITY-Specific CATV Audit Work Performed Prior to December � l. 1999. <br /> MMC shall be entitled to performance-based compensation for "additional <br /> revenues" derived from past CITY-specific CATV audit work performed prior <br /> to December 31, 1999, that the CITY receives at any time. The CITY shall <br /> pa}• MMC twenty-five percent (25%) of the additional revenues, including <br /> interest and penalties, that MMC is able to reasonably substantiate has <br /> resulted from its CITY-specific compliance review activities. Said 25% <br /> applies to the additional revenues received by the CITY for the first twelve <br /> quarters following the correction of the error/omission. In addition, MMC <br /> may seek to recover all revenue due the CITY from prior periods, if any. In <br /> that case, MMC will also receive 25% of any retroactive recovery. <br /> C. Performance-Based Compensation for City-Specific Audit Services <br /> ]. With respect to a CITY-specific audit of a utility franchise, including a CATV <br /> UUT/franchise audit referred to in Section 4(A) above, MMC shall be entitled <br /> to additional compensation in the event that MMC's compliance review <br /> activities result in the CITY receiving additional revenues from such CITY- <br /> Agmt-1 12 7 <br /> F:/Shared/Red�cood/Council <br /> F�S:djk <br /> I 0/ 13/00 ' <br /> ._ _.._ __ _ _. <br /> . _ __ .., _ <br /> ._._. _ _ <br />