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AMENDMENT NO.4 TO CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />MUNISERVICES, LLC <br />This Amendment No. 4 ("Amendment") is made by and between the City of San Leandro ("City") <br />and MuniServices ("Consultant") (together sometimes referred to as the "Parties") as of September 8, 2015, <br />and amends that certain Consulting Services Agreement ("Agreement") dated September 8, 1992, between <br />the Parties. <br />WHEREAS, City and Consultant have executed the Agreement, pursuant to which Consultant has <br />provided certain consulting services to City with regard to sales, transaction, and utility users' tax records; <br />and <br />WHEREAS, AB 1717 (Ch. 885, Stat. 2014) the Prepaid Mobile Services Telephony Service <br />Surcharge Collection Act ("AB 1717") was enacted with an effective date of January 1, 2015 and a <br />collection date commencing January 1, 2016, and establishes a statewide method of collecting the City's <br />Utility Users' Tax (hereinafter "UUT") and Emergency Communication System Access Tax (hereinafter <br />"911") on prepaid wireless services; <br />WHEREAS, AB 1717 imposes certain restrictions on third party consultants of the City who are <br />designated and authorized by the City to examine certain State Board of Equalization (hereinafter `BOE") <br />documents relating to the collection of the City's UUT and 911 on prepaid wireless services as covered by <br />AB 1717; <br />WHEREAS, the Parties desire to amend the Agreement to authorize Consultant to examine and <br />disclose the BOE's records relating to prepaid local charges collected. <br />NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby <br />acknowledged, the Parties hereby agree to amend the Agreement as follows: <br />1. Exhibit A of the Agreement entitled "Scope of Services" is hereby amended to read: <br />a. MuniServices is authorized to examine the BOE's records pertaining to the prepaid <br />local charge, specifically prepaid wireless UUT and 911 (collectively, the "Records") <br />and to use such information only for purposes related to such collection; <br />b. MuniServices shall disclose information contained in or derived from, the Records only <br />to an officer or employee of the City authorized by resolution to examine the <br />information; <br />c. MuniServices shall not perform any consulting services for a "seller", as defined in AB <br />1717 during the term of the Agreement; <br />d. MuniServices shall not retain information contained in, or derived from, the Records <br />after the Agreement has ended; <br />e. MuniServices shall, to the same extent as the BOE, be subject to Revenue and Tax <br />Code Section 55381, relating to unlawful disclosures; <br />Amendment No. 4 to <br />Consulting Services Agreement between City of San Leandro and 09/08/2015 <br />MuniServices, LLC for Prepaid Wireless BOE Records Audits Page 1 of 3 <br />