AMENDMENT TO AGREEMENT BETWEEN
MUNISERVICES, LLC AND CITY OF EMERYVILLE
THIS AMENDMENT No. 1 (the "Amendment") is entered into between City of Emeryville ('City") and MuniServices, LLC ("MuniServices")
The City and MuniServices agree as follows:
WHEREAS, the City and MuniServices, entered into an agreement, dated October 24, 2001 hereinafter "Agreement") to perform, among other things, certain compliance and protective services in connection with the City's utility users tax (hereinafter "UUT"), including telecommunications UUT;
WHEREAS, AB 1717 (Ch. 885, Stat. 2014), the Prepaid Mobile Services Telephony Service Surcharge Collection Act ("AB 1717") was enacted with an effective date of January 1, 2015, and a collection date commencing January 1, 2016, and establishes a statewide method of collecting the City's UUT on prepaid wireless services;
WHEREAS, AB 1717 imposes certain restrictions on third party consultants of the City who are designated and authorized by the City to examine certain State Board of Equalization (hereinafter "BOE") documents relating to the collection of the City's utility users tax on prepaid wireless services, as covered by AB 1717;
NOW THEREFORE, in order to satisfy the requirements of AB 1717, the parties agree to amend the Agreement by adding the following authorizations and restrictions to the services described in the Agreement:
1. MuniServices is authorized to examine the BOE's records pertaining to the prepaid local charge (i.e., prepaid wireless UUT (collectively, the "Records") and to use such information only for purposes related to such collection;
2. MuniServices shall disclose information contained in or derived from, the Records only to an officer or employee of the City authorized by resolution to examine the information;
3. MuniServices shall not perform any consulting services for a "seller" (as defined in AB 1717) during the term of the Agreement;
4. MuniServices shall not retain information contained in, or derived from, the Records after the Agreement has expired;
5. MuniServices shall, to the same extent as the BOE, be subject to Revenue and Tax Code Section 55381, relating to unlawful disclosures;
6. The Agreement shall not be construed as permitting a contingent fee arrangement as arrangement.
Contract No. 15050-0112-FN01
Resolution No. 15-115
1 Should there be any additional city-specific audit work beyond the normal scope of the program the services will be provided on a time and materials basis as described below.
Depending on the personnel assigned to perform the work, MuniServices hourly rates shall apply based on the job classification as follows:
• Principal: $200 per hour
• Project Manager: $175 per hour
• Client Services: $150 per hour
• Information Technology (IT) support: $175 per hour
• Operational Support:
• Director or Manager: $175 per hour
• Senior Analyst: $125 per hour
• Analyst: $100 per hour
• Administrative: $75 per hour
These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred.
7. Furthermore, MuniServices address has changed. In accordance with the requirements of Section 16 of the Agreement, all notices shall now be directed to MuniServices as follows:
MuniServices, LLC
Attn: Legal Department
7625 N. Palm Ave., Ste. 108
Fresno, CA 93711
8. In case of a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall strictly prevail.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives as of the date set forth below.
DATED: 10-20 _ 2015
CITY OF EMERYVILLE MUNISERVICES, LLO
By Carolen acke By: Move ansa
Name: CAROLYN LEHR gong Jensen
VP Client Services
Title: CITY MGR
APPROVED AS TO FORM:
Milant Juina
)ffice of the Citv Attorne
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