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Agmt13 MuniServices, LLC
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Agmt13 MuniServices, LLC
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Last modified
7/21/2014 2:14:51 PM
Creation date
6/27/2013 10:19:38 AM
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Agreement
Contractor Name
MuniServices, LLC
PROJECT NAME
Utility Users Tax Compliance and Revenue Protection Program
RMP File Number
304.5
Date
6/25/2013
Amendment
Yes
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errors/omissions by utility service providers or utility users in the application,calculation, <br /> collection, and remittal of UUT; and ii) providing the City with technical assistance, <br /> without assuming or being delegated the authority or responsibility of the City to <br /> administer, interpret, and enforce its UUT ordinance and standard utility franchise <br /> agreements. <br /> F. City's Determination Final <br /> Whenever the City Council or a City Officer is empowered under State or local ordinance to make a <br /> determination as to whether or not a tax assessed against a taxpayer is due, for purposes of this <br /> Agreement that determination shall be final and binding on the parties hereto. However, a City <br /> Officer's determination to waive a tax assessment shall not relieve the City of its obligation to pay <br /> MuniServices therefore. <br /> G. Confidentiality <br /> MuniServices agrees that it shall keep all information it receives concerning City taxpayers <br /> confidential and shall use it solely for tax compliance purposes. Services performed by <br /> MuniServices prior to termination may result in the City's receipt of revenue after termination. <br /> This receipt of revenue entitles MuniServices to payment from the City even after expiration of <br /> contract or termination. The City agrees to provide to MuniServices after expiration or <br /> termination of this Agreement such confidential payment information as is necessary to enable <br /> MuniServices to calculate the compensation due to MuniServices as a result of said receipt of <br /> revenue and MuniServices shall maintain the confidentiality of this information. Therefore, <br /> MuniServices shall be deemed a contractor under Revenue and Taxation Code Section 7284.6 - <br /> .7 after expiration of contract or receipt of notice of termination from the City for the sole and <br /> limited purpose of enabling MuniServices to have access to said information to calculate <br /> compensation. <br /> H. City agrees to view MuniServices as a revenue enhancement partner and allow MuniServices to <br /> assist the City in increasing compliance and increasing revenues. <br /> Article 6 - Completion of Services <br /> A. Either the City or MuniServices may terminate this Agreement,by thirty (30) days prior written <br /> notice as provided in this Section. <br /> B. If the City terminates this Agreement at any time within twelve (12) months following the <br /> effective date of this Agreement, and Law Firm has prepared an ordinance update for the City <br /> (whether or not the City adopts the recommended update), the City shall nevertheless pay <br /> MuniServices four (4) quarterly payments from the commencement of the Agreement to <br /> compensate MuniServices for services rendered. MuniServices shall also be entitled to <br /> additional compensation as described in Section C below. <br /> C. Upon termination by either party of the Agreement as provided herein, MuniServices shall be <br /> entitled to retain any fees it may have received from the City pursuant to Article 4 Section A and <br /> Article 6 Section B of this Agreement. In addition, MuniServices shall be entitled to payment <br /> according to the terms of Article 4 Section B for all additional revenues, including interest and <br /> penalties, resulting from MuniServices compliance review activities. Within thirty (30) days <br /> following termination, MuniServices shall provide the City with a list of detections of non- <br /> compliance resulting from the compliance review activities of MuniServices. The City shall, in <br /> ATTY/AGR/2013.094/MUNI SERVICES(UUT) <br /> REV:06-04-13 MLG <br /> Page 18 of 19 <br />
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