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<br />3. Quarterly Payments 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 /> <br />B. Compensation for Work Performed Prior to December 31,1999 <br /> <br />1. Non-CATV Audit Work Perfonned 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 perfonnance-based compensation for "additional revenues" that the <br />CITY receives for reporting 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-five percent (25%) 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 25% 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 />any retroactive recovery. <br /> <br />Any "additional revenues" that the CITY receives for reporting periods after <br />January 1, 2000, as a result of work perfonned by MMC/MRC prior to that <br />date (other than CITY -specific CATV audit work) shall not be subject to the <br />perfonnance-based compensation of this or any prior agreements. MMC/MRC <br />hereby specifically waives any 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 /> <br />2. CITY-Specific CATV Audit Work Perfonned Prior to December 31, 1999. <br />MMC shall be entitled to perfonnance-based compensation for "additional <br />revenues" derived from past CITY-specific CATV audit work perfonned prior <br />to December 31, 1999, that the CITY receives at any time. The CITY shall <br />pay 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 /> <br />C. Performance-Based Compensation for City-Specific Audit Services <br /> <br />1. 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 /> <br />Agmt-412 <br />F :/SharedJRedwood/C cunei I <br />FXS:djk <br />10/13/00 <br /> <br />7 <br />