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55B - RESO - AGMT - UUT
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55B - RESO - AGMT - UUT
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Last modified
9/29/2016 3:15:21 PM
Creation date
9/29/2016 2:43:47 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
55B
Date
10/4/2016
Destruction Year
2021
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Appendix A <br />Optional City - Specific Compliance Services <br />In the course of performing the various UUT compliance activities, MuniServices may discover discrepancies <br />or other evidence of possible significant non - compliance. MuniServices may thereupon advise the City that it <br />may be prudent to conduct a city - specific compliance review of a particular service provider or taxpayer, or <br />specific issue relating to such service provider or taxpayer. The City may authorize such city- specific <br />compliance actions as provided in this Appendix A ( "Optional City - Specific Compliance Actions') for utility <br />user's tax purposes or in connection with a gas, electric, CATV, water, garbage franchise, as follows: <br />City - Specific Audits Scope of Work <br />At any time during the term of this Agreement, with the prior mutual consent of the City and MuniServices, <br />MuniServices may perform an audit of a specific utility provider related to UUT payments and /or utility franchise <br />fees if applicable. The audit's intention is to focus on the compliance of the particular selected utility provider(s) <br />with the City's UUT ordinance and /or franchise fee agreement. This service includes an actual request for, and <br />review of the utility provider's books and records. Typically, the audit process, in general, will consist of the <br />following: <br />1. Submit an Audit Notification along with the Letter of Authorization and a Request for Information (RFI) <br />outlining the information needed to complete the audit to the Provider(s). <br />Z Attempt to obtain a waiver on the Statute of Limitations, as applicable, for the audit. <br />3. Review the work papers and supporting documentation used in the computation of the UUT and /or <br />franchise fee payments. <br />4. Review and analyze the provider's general ledger and financial statements. Compare and analyze the <br />data for reasonableness, completeness, and accuracy as related to the UUT and /or franchise fee. <br />5. Review and analyze all the provider's revenue accounts in detail to: <br />a) Determine revenues that are to be included or excluded from the UUT and /or franchise fee <br />computations; <br />b) Review the revenues excluded from the computations, if any, and; <br />c) Determine if exclusions are permitted by the City's ordinance and /or franchise agreement. <br />6. Determine if a utility provider or any of its subsidiaries receives any revenues from customers or third - <br />parties for the use of utility provider's facilities located on City's right -of -way authorized by the franchise <br />agreement that are not included in the franchise fee calculation used to determine the payment to the <br />City. <br />7. Analyze the number of customers reported in the City by rate classification and obtain and review the <br />utility provider's procedures to code new customers to the proper jurisdictions and the procedures used <br />to address annexations. <br />8. Obtain and review the list of any exempted customers, if any, from the UUT and /or franchise fee <br />computation, For Cable TV Provider's PEG fees, if there are any, request the supporting documentation <br />on provider's payments to the City. The schedules should include a composition of the number of <br />subscribers such as basic, non - standard and free subscribers, by month, for each of the calendar years <br />included in the review period. <br />9. Sample test the geo- coding system by selecting certain customer accounts within the City boundaries <br />and in the immediate vicinity to review if those accounts are properly coded as assessed. MuniServices <br />will concentrate the sampling in problematic geographical areas, such as those that might overlap with <br />a neighboring city or where multiple zip codes exist. MuniServices will also sample test heavily in the <br />area of annexations to ensure that proper procedures are in place to identify and properly code these <br />areas within the Franchisee's system. MuniServices will request that the utility provide the customer <br />account information in an electronic format for all customers located in the City and surrounding areas. <br />12 <br />55B -40 <br />
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