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REV: 01-28-2022 MI <br />EXHIBIT “A” <br />SCOPE OF SERVICES AND FEE <br />Consultant agrees to provide the City on an ongoing basis with certain professional <br />services in furtherance of a comprehensive Utility Users’ Tax revenue enhancement and <br />audit services that is designed to preserve, protect, and enhance the City’s Utility Users’ <br />Tax (“UUT”) revenues. <br />UUT Program Payment/Fee Schedule <br />The City’s total annual fixed fee for participating in the Program shall be the greater of i) <br />six-tenths of one percent (0.6%) of the total UUT revenues received by the City (excluding <br />UUT revenues derived from sewer, water, or trash) based on the prior fiscal year, or ii) <br />fifteen thousand dollars ($15,000) (“Minimum Fee”). <br />The annual fixed fee shall be paid in four equal quarterly payments with due dates of: <br />March 31, June 30, September 30, and December 31. Invoices for services rendered <br />shall be in arrears (invoiced for the immediately preceding quarter). If the effective date <br />of this Agreement is other than on an invoice date, the City shall be invoiced for the first <br />quarterly payment on the immediately following invoice date as set forth herein. City shall <br />be invoiced and responsible for a prorated portion of the preceding quarter based on the <br />effective date of this Agreement. Payment will be made to Consultant within thirty (30) <br />days of receipt of Consultant invoice therefore. Any amounts which remain unpaid after <br />thirty (30) days shall accrue interest at a rate of one and one-half percent (1.5%) per <br />month, or the maximum amount permitted by law. These quarterly payments are <br />nonrefundable. <br />With respect to a city-specific compliance review referred to under the city-specific scope <br />of work above, Consultant shall be entitled to contingent fee compensation where <br />Consultant’s compliance review activities result in the City receiving additional revenues <br />from such city-specific compliance review activity. Accordingly, the City shall pay <br />Consultant thirty percent (30%) of the additional revenues, including interest and <br />penalties, that has resulted from its city-specific compliance review activities. Consultant <br />will seek to recover, or assist the City in recovering all revenue due the City from prior <br />periods, if any, and Consultant will receive 30% of any retroactive recovery with a <br />minimum compensation recovery period of twelve (12) calendar quarters. In cases where <br />there are less than twelve calendar quarters in the retroactive recovery period, recovery <br />in prospective quarters will be included to satisfy the twelve-calendar quarter minimum <br />recovery period. If the City determines that a correction should be applied prospectively <br />from the date of the determination only, then Consultant’s compensation shall apply to <br />the additional revenues resulting from the correction for the twelve calendar quarters <br />following the commencement of the prospective correction. In calculating additional <br />revenues, if actual revenue amounts are not available or easily obtained, Consultant may, <br />with the approval of the City, use the best available information to estimate the additional <br />revenues (e.g., averaging known underpayments or use of industry averages). As used <br />ATTY/AGR.2022.015/Avenu Insights & Analytics, LLC (Page 11 of 15)