MuniServices - 2015 Agreement - Amendment No. 1AMENDMENT TO CONTRACT BETWEEN MUNISERVICES, LLC
AND CITY OF GILROY, DATED SEPTEMBER 28, 2015
THIS CONTRACT AMENDMENT (the "Amendment ") is entered into
between City of Gilroy ( "City ") and MuniServices, LLC ("MuniServices").
The City and MuniServices agree as follows:
WHEREAS, the City and MuniServices, entered into an agreement, dated
May 27, 2003 (hereinafter "Contract") to perform, among other things, certain
compliance and protective services in connection with the City's utility users tax
(hereinafter "UUT"), including a 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 Contract by adding the following authorizations and
restrictions to the services described in the Contract:
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 Contract;
4. MuniServices shall not retain information contained in, or derived
from, the Records after the Contract has expired;
5. MuniServices shall, to the same extent as the Board of
Equalization, be subject to Revenue and Tax Code Section 55381, relating to
unlawful disclosures;
6. The Contract shall not be construed as permitting a contingent fee
arrangement as payment for services rendered pertaining to prepaid local
charges; and any fees paid by City to MuniServices for City specific auditing of a
"seller" of prepaid wireless UUT remitting to the BOE, will only be done pursuant
to a separate agreement which will not involve any contingent fee arrangement.
7. In case of a conflict between the terms of this Amendment and the
terms of the Contract, 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: September 28, 2015 F GILROY
By:
Name: homas . Haglund
Title: City Administrator
APPROVED AS TO FORM:
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Office of Vhe City A orney
MUNISERVICES, LLC.
By:
Nam WP 9 knsen
Title: C I i end Sery i c-ej