Agmt09 MuniServices, LLC (2) - Laserfiche WebLink

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2.2 Audit Services. MuniServices' compensation for the Audit portion of the LTC services is a contingency fee of 400/0 of additional revenue generated by the program. The 400/0 contingency fee will apply to revenue received by City as a result of deficiencies identified in the review and applies to revenue for the current tax year, any eligible prior period revenues, all applicable penalties, interest and any other associated fees. The term "current tax year" shall mean the most recent tax year for which local taxes are due and payable to City, and in which MuniServices has identified deficiencies. City agrees to use reasonable and diligent efforts to collect deficiencies identified by MuniServices. 3. ADDITIONAL CONSULTING. City may request that MuniServices provide additional consulting services at any time during term of the Agreement to which this Addendum is attached. If MuniServices and City agree on the scope of the additional consulting services requested, then MuniServices shall provide the additional consulting services on a Time and Materials basis. Depending on the personnel assigned to perform the work, MuniServices' standard hourly rates range from $75 per hour to $300 per hour. These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred. 4. CITY RIGHTS & OBLIGATIONS 4.1 City agrees to : a. Provide an electronic copy of City's License Registration File and License Payment History file to MuniServices, together with any other information necessary for MuniServices to compute MuniServices' billing for services, in electronic format, to MuniServices on no less than a quarterly basis during the term of the Agreement and thereafter for so long as MuniServices's right to invoice for services rendered continues; b. Use reasonable and diligent efforts to collect, or to assist MuniServices in the collection of, deficiencies identified by MuniServices pursuant to this Agreement; c. Notify MuniServices within 10 days following receipt by City of payments resulting from deficiencies identified by MuniServices; 4.2 Because MuniServices' LTC Service may result in collection of deficiencies after termination of the Agreement or other receipt of revenue after termination, City's obligation to collect fees and notify MuniServices, and MuniServices' right to continue to receive contingency fees, shall survive termination of this addendum or the agreement for any reason. 4.3 City may elect not to proceed with recovery of any identified deficiencies. Deficiencies which are uncollectible due to insolvency or dissolution of the entity liable, or for deficiencies which are otherwise incapable of collection (e.g. statute of limitations expiration or other legal defense) shall not be considered an "election" by the City for the purposes of this Agreement. For deficiencies otherwise collectable but for which City elects not to collect, City shall notify MuniServices of its election not to pursue ("waive") collection of said deficiencies. MuniServices is entitled to one-half (Y2) of the fee MuniServices would have been entitled to for the waived portion of the deficiency. Redwood City LTC DA ngf -05/09 3