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43ARIMI 7 COMPENSATION Compensation for UUT Compliance, Administration and Revenue Protection Program A. Annual Fixed Fee Total Annual Fixed Fee: The City's total annual fixed fee for participating in the Program (including Law Firm) shall be the greater of six - tenths of one percent (0.6 %) of the total UUT taxes received for the most recent fiscal year by the City (excluding UUT revenues derived from sewer, water and trash) or a minimum fee of $15,000. For the first year of the agreement, the City will provide the actual UUT payments received for fiscal year ending June 30, This will be the basis for the first year UUT Program fees. In subsequent years, MuniServices will calculate the fee based on the actual remittance notices received for the most recent fiscal year. 2. Disclosure of Allocation of Annual Fee between MuniServices and Law Firm. The total annual fee payment shall be allocated as follows: City will pay MuniServices its fee payments as specified in A.9 above on the scheduled dates as specified on A.3 below. MuniServices agrees to pay Law Firm on behalf of the City the greater of 35% of the total annual fixed fee or $7,500, provided that if, at the request of the City, Law Firm provides legal services relating to a UUT ballot measure [see Art.2(C) (3) above], MuniServices agrees to pay Law Firm for the first year only the greater of 50% of the total annual fixed fee or $90,000. At any time, Law Firm and MuniServices may, by mutual agreement, adjust their proportional share of said total annual fee, provided that such parties shall receive prior approval of such adjustment from the City. 3. Quarterly Payments of Fixed Fee: The annual fixed fee shall be paid in four equal quarterly payments with due dates of: March 31, June 30, September 30, and December 31. Invoices for services rendered shall be in arrears (invoiced for the immediately preceding quarter). If the effective date of this Agreement is other than on an invoice date, the City shall be invoiced for the first quarterly payment on the immediately following invoice date as set forth herein. City shall be invoiced and responsible for a prorated portion of the preceding quarter based on the effective date of this Agreement. Payment will be made to MuniServices within forty -five (45) days of receipt of MuniServices invoice therefore. Any amounts which remain unpaid after forty -five (45) days shall accrue interest at a rate of one and one - half percent (1.5 %) per month, or the maximum amount permitted by law. These quarterly payments are nonrefundable, and such payments by City to MuniServices shall be deemed full payment to Law Firm. B. Specific to AB 1717 The work performed specific to AB1717 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 the City to MuniServices for city - specific auditing of a "seller" of prepaid wireless UUT remitting to the BOE, shall only be performed on a fixed fee basis or on an hourly time and material basis and shall not involve any contingent fee arrangement. MuniServices fees for services performed on an hourly rate schedule shall depend on the personnel assigned to perform the work, and shall be based on the job classification as follows: Principal: $200 per hour Project Manager: $175 per hour 15 55B -43