Laserfiche WebLink
ti <br /> 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 January 1, 2016, <br /> and amends that certain Consulting Services Agreement("Agreement") dated September 8, 1992, between <br /> the Parties; and <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. It establishes a statewide method for collecting the City's <br /> Utility Users' Tax(hereinafter"UUT") and Emergency Communication System Access Tax(hereinafter <br /> "911")on prepaid wireless services; and <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; and <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 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 <br /> Taxation Code Section 55381, relating to unlawful disclosures; <br /> Amendment No. 4 to <br /> Consulting Services Agreement between City of San Leandro and 11/03/2015 <br /> MuniServices, LLC for Prepaid Wireless BOE Records Audits Page 1 of 3 <br />