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MBIA MuniServices - Use/Audit Services Consulting - Amendment No. 1 (2018)AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT This Amendment No. 1 is made as of December 17, 2018, by and between the City of Gilroy, a municipal corporation ("City'), and MuniServices, LLC a Delaware limited liability company ("Consultant") collectively the Parties. RECITALS A. On or about December 29, 1993, City and Consultant entered into an agreement for Sales/Use Tax Audit services (the "Agreement"). B. The compensation for providing the audit services was a contingency fee of 25%. C. Consultant has agreed to reduce the contingency fee to 15%. NOW, THEREFORE, in consideration of the mutual promises and covenants contained here, the Parties agree as follows: AGREEMENT 1. Amend Exhibit A Compensation & Expenses for Sales/Use Tax Allocation Audit Compensation. Remove the first paragraph in its entirety and replace with the following: Effective January 1, 2019, Contractor's compensation for providing the allocation audit service is 15% of the new sales/use tax revenue received by the City as a result of Contractor detecting and correcting the related point-of--sales/use distribution error. Said 15% applies to all corrections identified on or after January 1, 2019. 2. Other terms: All other terms and conditions of the Agreement remained unchanged. IN WITNESS WHEREOF, the parties are signing this Amendment on the date stated in the introductory paragraph. Consultant MuniServices, LLC D7j�ensen Senior Vice President Approved as to Forme Gilroy Cit, Attorney's Office By City Attorney City of Gilroy, a Municipal Corporation (Dl-/ �(signature) ►rnm Fo�G15 Fl�G1N« Ol�(00r (p nt name/title) ATT T: City lark