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<br />3. FIXED FEE SERVICES <br /> <br />A. Compliance Review Services <br /> <br />At any time during the term of this AGREEMENT, with the prior written consent of <br />the CEC. or with the prior written consent of the City where specifically indicated, <br />MMC may perform compliance review activity on behalf of the CITY in any of the <br />following areas: <br /> <br />1. UUT Tax Application and Franchise Fee Review: In accordance with a work <br />plan that has been reviewed and approved by the CEC, MMC will perform <br />compliance reviews of major utility providers, with a focus on common client <br />issues, to assure that the UUT is being properly applied to taxable services and <br />charges, and that the franchise fee formula is being properly applied to the <br />revenue base (as provided in standard franchise agreements). MMC will use <br />the legal expertise of LAW FIRM on matters requiring legal analysis or an <br />interpretation of ordinances, standard utility franchises, laws, and IRS letter <br />rulings, which will be coordinated with the City Attorney. <br /> <br />2. Telecom Special Access Customers: At the option of the CITY, MMC will <br />assist the CITY in identifYing sophisticated telecommunication users that may <br />be employing new telecommunication technologies that involve taxable <br />telecommunication services to assure tax compliance. <br /> <br />3. Geocode Information and Review: MMC will develop and maintain a <br />proprietary address range database to assure accurate address range <br />information regarding the CITY's boundaries. Such databases will reflect the <br />latest available LAFCO information regarding CITY boundary changes due to <br />annexations or other municipal reorganizations. Upon request, this service <br />will be made available to any utility service provider that serves customers <br />within the CITY. <br /> <br />4. UUT Exemption Review: MMC will review for accuracy the gas, electric, and <br />water exemption lists and telecommunication exemption certificates for non- <br />residential customers, as provided by the CITY, and identify to CITY staff <br />possible errors. MMC will use the legal expertise of LAW FIRM on matters <br />requiring legal analysis or an interpretation of ordinances, laws, and IRS letter <br />rulings, which will be coordinated with the City Attorney. <br /> <br />5. UUT Business Detection: MMC will perform periodic compliance reviews of <br />major utility providers and utilize other detection tools to verify whether such <br />companies are doing business within the CITY, and then identify such <br />possible non-complying companies to CITY staff for enforcement actions. <br />MMC will assist the CITY in developing compliance correspondence and <br />enforcement procedures. <br /> <br />6. UUT Payment Calculations and Deviations: If the CITY provides MMC with <br />regular and accurate UUT payment history (i.e., copies of all UUT <br />remittances), MMC will identify to CITY staff possible gaps in payments, <br />calculation mistakes, and other payment errors. MMC will assist the CITY in <br />developing compliance correspondence and enforcement procedures. On <br />request, MMC will provide the CITY, on a semi-annual basis, with a <br /> <br />Agmt-412 <br />F :/SharedlRedwood/Council <br />FXS:djk <br />I 0113/00 <br /> <br />3 <br />