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Agmt09 Muniservices, LLC (1)
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Agmt09 Muniservices, LLC (1)
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Last modified
4/7/2015 9:21:59 AM
Creation date
4/16/2009 12:22:09 PM
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Template:
Agreement
Contractor Name
MuniServices, LLC
PROJECT NAME
Revenue Enhancement Services
RMP File Number
304
Date
3/2/2009
Amendment
Yes
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<br />MuniServices is prohibited from retaining the information contained in, or derived from, those sales and <br />use tax records, after this Agreement has expired. <br /> <br />This Agreement, and MuniServices' and CITY's obligations with respect to confidentiality of taxpayer <br />data pursuant to the Bradley Burns Revenue and Taxation Code, shall continue until final payment for all <br />services rendered hereunder. <br /> <br />SUTA COMPENSATION <br /> <br />MuniServices' compensation for the Sales and Use Tax Audit Service is a 25% contingency fee. This fee <br />applies to revenue received for six quarters beginning with the quarter in which the Date of Correction <br />falls and all eligible prior quarters back to and including the three quarters prior to the Date of <br />Knowledge quarter for Bradley-Burns sales tax revenues and all eligible prior quarters back to and <br />including all corrected quarters prior to the Date of Knowledge quarter for district tax revenues. As used <br />herein, the Date of Knowledge is the quarter during which MuniServices notifies the SBE of the existence <br />of a misallocation. As used herein, the Date of Correction refers to the quarter in which the taxpayer has <br />correctly reported the local tax and the SBE distributes the local tax properly to City based on the <br />taxpayer's reporting. For QDR Misallocations detected and corrected, MuniServices' compensation shall <br />only include the quarters for which the misallocation actually occurred. <br /> <br />ADDITIONAL CONSULTING <br /> <br />City may request that MuniServices provide additional consulting services at any time during term of the <br />Agreement to which this addendum is attached. If MuniServices and City agree on the scope of the <br />additional consulting services requested, then MuniServices shall provide the additional consulting <br />services on a Time and Materials basis. Depending on the personnel assigned to perform the work, <br />MuniServices' standard hourly rates range from $75 per hour to $300 per hour. Additional consulting <br />services will be invoiced at least monthly based on actual time and expenses incurred. <br /> <br />CITY RESPONSIBILITIES <br /> <br />MuniServices' services performed hereunder may result in corrections of misallocations after cessation <br />of services by MuniServices for City. Therefore, City agrees that with regards to misallocations identified <br />to the SBE whose Date of Knowledge occurred during MuniServices' performance of services for City, <br />that City's obligation to pay MuniServices in accordance with the above compensation language shall <br />survive expiration or termination of this Agreement for any reason. <br />In the event that City identifies, documents, and notifies the SBE of a reporting error or misallocation as <br />those terms are used herein, City agrees to notify MuniServices of City's discovery no later than ten (10) <br />days after the Date of Knowledge. If City fails to so notify MuniServices and MuniServices later detects, <br />documents, and reports the misallocation or reporting error to the SBE, or if MuniServices has <br />established a Date of Knowledge with the SBE prior to notification to the Board by City, then <br />MuniServices is entitled to compensation for the affected account in accordance with this Addendum. <br /> <br />COMPLETION OF SERVICES <br /> <br />Notwithstanding any other provIsion of this Agreement, because Consultant's services performed <br />hereunder result in corrections of misallocations and other revenue after cessation of services by <br />Consultant for City, City agrees that with regards to misallocations identified to the SBE whose Date of <br />Knowledge occurred during Consultant's performance of services for City or for other revenue resulting <br />from Consultant's actions taken during the term of this Agreement, that City's obligation to pay <br />Consultant in accordance with the compensation language of this Agreement shall survive expiration or <br />termination of this Agreement for any reason. Additionally, notwithstanding any other provision of this <br />5UTA1-032907vl 5 <br />
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