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Agmt22 Muniservices, LLC
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Agmt22 Muniservices, LLC
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Last modified
3/28/2025 10:43:35 AM
Creation date
3/2/2022 10:48:37 AM
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Agreement
Contractor Name
Muniservices, LLC
PROJECT NAME
Utility Users' Tax revenue enhancement and audit services (3 years)
RMP File Number
304
Date
2/16/2022
MO Ref
22-016
Amendment
Yes
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REV: 02-11-25 MI <br />Exhibit “A” <br />SCOPE OF SERVICES AND FEE <br />Consultant agrees to provide the City on an ongoing basis with certain professional services in <br />furtherance of a comprehensive Utility Users’ Tax revenue enhancement and audit services that is <br />designed to preserve, protect, and enhance the City’s Utility Users’ 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) six-tenths <br />of one percent (0.6%) of the total UUT revenues received by the City (excluding UUT revenues <br />derived from sewer, water, or trash) based on the prior fiscal year, or ii) fifteen thousand dollars <br />($15,000) (“Minimum Fee”). <br />The annual fixed fee shall be paid in four equal quarterly payments with due dates of: March 31, <br />June 30, September 30, and December 31. Invoices for services rendered shall be in arrears <br />(invoiced for the immediately preceding quarter). If the effective date of this Agreement is other than <br />on an invoice date, the City shall be invoiced for the first quarterly payment on the immediately <br />following invoice date as set forth herein. City shall be invoiced and responsible for a prorated portion <br />of the preceding quarter based on the effective date of this Agreement. Payment will be made to <br />Consultant within thirty (30) days of receipt of Consultant invoice therefore. Any amounts which <br />remain unpaid after thirty (30) days shall accrue interest at a rate of one and one-half percent (1.5%) <br />per month, or the maximum amount permitted by law. These quarterly payments are nonrefundable. <br />With respect to a city-specific compliance review referred to under the city-specific scope of work <br />above, Consultant shall be entitled to contingent fee compensation where Consultant’s compliance <br />review activities result in the City receiving additional revenues from such city-specific compliance <br />review activity. Accordingly, the City shall pay Consultant thirty percent (30%) of the additional <br />revenues, including interest and penalties, that has resulted from its city-specific compliance review <br />activities. Consultant will seek to recover, or assist the City in recovering all revenue due the City <br />from prior 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 there are <br />less than twelve calendar quarters in the retroactive recovery period, recovery in prospective <br />quarters will be included to satisfy the twelve-calendar quarter minimum recovery period. If the City <br />determines that a correction should be applied prospectively from the date of the determination only, <br />then Consultant’s compensation shall apply to the additional revenues resulting from the correction <br />for the twelve calendar quarters following the commencement of the prospective correction. In <br />calculating additional revenues, if actual revenue amounts are not available or easily obtained, <br />Consultant may, with the approval of the City, use the best available information to estimate the <br />additional revenues (e.g., averaging known underpayments or use of industry averages). As used <br />in this subsection, the term “additional revenues” includes the value of any other services, credits, <br />property of every kind or nature, or other consideration received by the City in lieu of monetary <br />payment. <br />The work performed specific to AB1717 shall not be construed as permitting a contingent fee <br />arrangement as payment for services rendered pertaining to prepaid local charges; and any fees <br />paid by the City to Consultant for city-specific auditing of a “seller” of prepaid wireless UUT remitting <br />to the CDTFA, shall only be performed on a fixed fee basis or on an hourly time and material basis <br />and shall not involve any contingent fee arrangement. <br />ATTY/AGR.2025/Amend. no.1/MuniServices, LLC (Page 4 of 8)
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