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HomeMy WebLinkAbout19-Finance o o o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Barbara Pachon, Finance Director Subject: Resolution authorizing the execution of the first amendment to the services agreement with MuniServices, LLC to add Property Tax Services Dept: Finance Date: 4/25/08 Council Date: 5/19/08 Synopsis of Previous Council Action: October 15, 2007 Resolution authorizing the execution of an agreement with MuniServices, LLC to provide analysis and audit services for the transactions and use tax collected by the State Board of Equalization. Recommended motions: Adopt Resolution ~k#t~ Signatu e Contact person: Barbara Pachon, Director of Finance Phone: 5242 Supporting data attached: Staff Report, Attachments Ward: All FUNDING REQUIREMENTS: Amount: 52.500 FY07-08 Source: 001-092-5502 Finance: Council Notes: Agenda Item No. Iq S/lqjbf CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT o SUBJECT: o o Resolution authorizing the execution of the first amendment to the services agreement with MuniServices, LLC to add Property Tax Services for the City of San Bernardino. BACKGROUND: On October 15, 2007 the Council authorized an agreement with MuniServices, LLC (Muni) to provide analysis and audit services for the City of San Bernardino's transactions and use tax (sales tax and added district tax approved by Measure Z) collected by the State Board of Equalization. In order to complete a comprehensive audit of property tax revenue collected from the County, staff is proposing an amendment to the agreement with Muni to add Property Tax Services. The property tax services to be provided by Muni include an audit of the City's local secured and unsecured valuations, on a parcel-by-parcel basis, to find any tax rate area miscoding errors and omissions. For each error/omission identified and confirmed, Muni will prepare documentation to substantiate and facilitate revenue recovery of all property tax and/or tax increment due to the City and Redevelopment Agency from the County. A comprehensive inventory of every parcel located within the City and Redevelopment Agency will be established and maintained by Muni using their Property LINK software program that the City and Redevelopment Agency can access through the Internet. Muni's compensation for the proposed Property Tax Services will be similar to their compensation for transaction and use tax services. The City of San Bernardino will pay a one time set up fee of $2,500 to implement the Property LINK Service and all direct costs incurred to procure any property tax related data including but not limited to secured rolls, unsecured rolls, or property characteristics files. The on going annual fee is $8,000 per year ($2,000 per quarter) for PropertyLINK which is adjusted each year by the Consumer Prince Index as reported by the Bureau of Labor Statistics. The annual fee covers 24 hour access to the PropertyLINK system by 5 authorized users to the system and numerous standard reports and ad-hoc query capability. Compensation for property tax and tax increment audit services is the same 25% contingency fee as is paid for the transaction and use tax audit. This fee applies to reallocations for the fiscal year during which the date of correction falls and all eligible prior period revenues collected and three subsequent roll years from the date of correction. As with the transaction and use tax audits, Muni's actual compensation for audit work is entirely predicated and contingent upon their ability to find and correct mistakes. If the audit work done by Muni does not produce additional property tax or tax increment revenues to the City of San Bernardino or Redevelopment Agency then there is no compensation paid to Muni for their audit work. FINANCIAL IMPACT: If this item is approved, funds will be included in the City's FY 2008-2009 budget for this service. There should be sufficient funds in the City of San Bernardino's Non-Departmental, Contractual Services Budget for FY 2007-2008 to pay Muni the initial one time set up fee of$2,500 and any direct costs that may be necessary in order to obtain all detail property data needed. It is anticipated that all costs for this service will be offset by increased property tax revenue generated as a result of the audit work. RECOMMENDATION: Adopt Resolution RESOLUTION NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE SERVICES AGREEMENT WITH MUNISERVICES, LLC TO ADD PROPERTY TAX SERVICES FOR THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I: The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City the first amendment to the Service Agreement with MuniServices, LLC to provide Property Tax Services for the City of San Bernardino, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2: The authorization to execute the above mentioned agreement is rescinded if the parties to the agreement fail to sign it within sixty (60) days of the passage of this resolution. III III III III III III III III III III III N'D. 1~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE SERVICES AGREEMENT WITH MUNISERVICES, LLC TO ADD PROPERTY TAX SERVICES FOR THE CITY OF SAN BERNARDINO. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2008, by the following vote, to wit: AYES ABSTAIN ABSENT NAYS COUNCILMEMBERS ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney 2 EXHffiIT A ~RSTAMENDMENTTOSER~CESAGREEMENT MUNI SER~CES, LLC THIS FIRST AMENDMENT TO THE SERVICES AGREEMENT is made and entered into this day of , 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and MUNISERVICES, LLC., a Delaware limited liability company ("CONSULTANT"). WITNE S SETH: A. WHEREAS, CITY proposes to have CONSULTANT perform the additional services described herein below; and .B. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103 and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, CITY and CONSULTANT desire to contract for the additional services as described in Exhibits A-I and A-2; D. WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Cali fomi a Government Code Sections 1090-1092, in the subject matter of this Agreement; and E. WHEREAS, CITY and CONSULTANT, on October 15, 2007, entered into a Services Agreement to provide analysis and audit services for the City's transactions and use tax collected by the State Board of Equalization; and F. WHEREAS, CITY and CONSULTANT, wish to amend said Services Agreement to add property tax services; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 1.1 Scope of Services, is amended to add the additional professional services described in the Scope of Services attached hereto as Exhibits A-I and A-2 and incorporated herein by this reference. 2. Section 2.1 Compensation, is amended to add additional payments as set forth in Exhibits A-I and A-2. 3. All other terms and conditions in said Services Agreement shall remain unchanged and remain in full force and effect. FIRST AMENDMENT TO SERVICES AGREEMENT MUNISERVICES, LLC IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Services Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO MUNlSERVICES, LLC. Fred Wilson, City Manager Signature Name and Title APPROVED AS TO FORM: JAMES F. PENMAN, City Attorney EXHIBIT A-I PROPERTY TAX ADDENDUM MuniServices, LLC ("MuniServices") shall provide to the City of San Bernardino/Redevelopment Agency ("City"), MuniServices' Property Tax Services ("PTX") which consists of Audit and Recovery Services. OBJECTIVES AND METHODS PTX assists City in recovering the revenue to which it is entitled from its Property Tax and RDA Tax Increment. Administrative errors and omissions combined with general compliance problems are inevitable given the non-standard, complex nature of state and local property taxes. Error rates rise with respect to property tax applicability, rates, exceptions, exemptions, quirks and other inconsistencies. Because of the time limitations on the City's ability to recover misallocated revenue, prompt correction of these errors and omissions is essential to maximizing revenue potential. The following steps are taken in conducting PTX: . Contact City's designated staff to review service objectives, scope, workplan schedule, public relations and logistical matters. MuniServices will also establish an appropriate liaison with the City's coordinator and logical checkpoints for progress reviews. . Conduct an audit of the City local secured and unsecured valuations, on a parcel-by-parcel basis to determine tax rate area ("TRA") miscoding errors and omissions. . Establish a comprehensive inventory of every parcel located within the City and the RDA project(s), including the database elements needed to facilitate a comparison analysis with County secured and unsecured taxable values. . Represent the City for purposes of examining records pertaining to property tax and RDA tax increment to identify and confirm any errors/omissions that are resulting in deficient payment of tax revenues to the City. . For each error/omission identified and confirmed, prepare documentation to substantiate and facilitate recovery of revenue due from prior periods plus applicable interest and penalties (collectively "Misallocations"). . Meet with designated City official(s) as necessary to review our findings and recommendations. . Prepare and forward to the appropriate parties requests for corrective action and revenue recovery for Misallocations. The date that the appropriate parties receive and acknowledge these requests is the "Date of Knowledge". . Provide additional assistance as necessary to support the City in recovering and preventing tax allocation errors/omissions. From the Date of Knowledge, the County Assessor's office will review the identified Misallocations, and for those Misallocations for which a correction is required, an Assessor's Roll Correction ("ARC") will be processed by the County correcting those Misallocations, typically triggering a reallocation. The Roll Year in which the assessments first appear corrected is the Date of Correction. Corrected assessments result in proper allocations in subsequent Roll Years ("Corrected Allocations"). 1 TIMING AND REPORTING MuniServices shall commence the PTX within 10 working days of authorization (unless instructed otherwise by the City) with the objective of delivering the initial audit reports within 90 to 120 working days. Thereafter, MuniServices shall provide the City with audit progress reports to include, but not be limited to, the following: o Actual revenue produced for the City by PTX on an annual and cumulative basis. o Projected revenue forthcoming to the City as a result of PTX, specified according to source, timing and one-time payment versus ongoing. o Listing of all errors/omissions detected for the City including, for each, the account number, correction status, payment amount received by the City, period to which payment is related and payment type (e.g. reallocation, deficiency assessment, etc.). o Status of the work including copies of reports provided by the County addressing each reporting error/omission individually, the Incorrect Parcel Number, Correct Parcel Number, Assessee, Correct TRA assignment, Business ill, Address, Secured and Unsecured Valuation, Exemptions, Net Total Valuation ofmisallocated assessments. COMPENSATION City shall pay MuniServices a twenty-five percent (25%) contingency fee. This contingency fee applies to reallocations for the fiscal year during which the Date of Correction falls and all eligible prior period revenues corrected. The contingency fee also applies to Corrected Allocations for three (3) subsequent Roll Years from the Date of Correction. The minimum fee shall be invoiced immediately after the delivery of the Audit report. The contingency fee shall not apply until such time as the contingency fee, based on revenue received by the City, equals the minimum fee and City shall only be responsible for that increment of the contingency fee in excess of the minimum fee. MuniServices shall invoice City for the above fee at least annually, based on recoveries actually received by City. ADDITIONAL CONSULTING City may request that MuniServices provide additional consulting services at any time during the term of the Agreement to which this Addendum is attached. If MuniServices and City agree on the scope of the additional consulting services requested, then MuniServices shall provide the additional consulting on a Time and Materials basis. Depending on the personnel assigned to perform the work, MuniServices' standard hourly rates range from $75 per hour to $300 per hour. These additional consulting services will be invoiced at least monthly based on actual time and expenses incurred. All reimbursable expenses shall receive prior approval from the City and shall be reimbursed at cost to MuniServices. CITY OBLIGATIONS Because PTX service may result in correction of misallocations after termination of the Agreement, City's obligation to pay and MuniServices' right to continue to receive payment, survive termination of this Addendum or the Agreement for any reason. 2 EXHIBIT A-2 PropertyL1NI(TM LICENSE ADDENDUM This addendum is made as of . 200_ and is between MuniServices, LLC, a Delaware limited liability company with an office at 7335 N. Palm Bluffs Ave, Fresno, CA 93711 ("MuniServices"), and the City of San Bernardino, a municipal corporation of the State of California ("Customer"). General Description of PropertyLINJ(TM Services The estimation and forecasting of future revenue generation is a powerful economic development and land use planning tool. PropertyLIN[(TM now places that information at the user's disposal with an interactive, easy-to-use software program. Users can generate analysis that correlates physical presence, fiscal impact and revenue productivity all in one system. PropertyLIN[(TM is an application accessed through the Internet that allows Users to access the following functions: · A geographic Property Tax Information Service that allows for detailed analysis . Property Tax Data Warehouse · Geocoding - Define areas within your municipality for special tracking . RDA Planning Tool . Ad-Hoc and Standard Reporting The application's pre-defined reports are: . Top (1 -100) Assessees . Top (1 -100) Assessees Detail . Top (1 -100) Assessments . Top (1 -100) Taxable Value Changes · Taxable Value Summary Tax Rate Area, Land Use and Tax Type . Estimated City Share Revenue TRA . City General Fund Revenue Summary TRA . Taxable Value By Land Use . Taxable Value Change Summary By TRA . Value Summary by Assessment Type . Incremental Revenue Summary TRA . Historical Growth of Taxable Value . Taxable Value/Revenue Summary by TRA . Taxable Value Summary by TRA . Historical Growth of Taxable Value by Project In addition to standard reports, PropertyLIN[(TM provides a detailed Ad-Hoc query capability enhanced by MuniServices's report building tools to allow for: 3 . Integrated Custom Report Designer allowing complete control of Ad-Hoc Report Generation . Automatic Report Generation . Easy to use selection criteria for field selection . Full control of tabular field selection, sorting and display . Ability to send selected data to Tabular Data export for Excel, Delimited (Tab/Comma), or XML file formats Background . The Customer wishes to subscribe to MuniServices' PropertyLINKTM services, which are generally described in the above section. . MuniServices wishes to provide PropertyLINKTM services to Customer . This addendum references and is hereby incorporated as part of the Application Service Provider Services Agreement entered into on The parties agree as follows. Terms and Conditions 1. Implementation. MuniServices shall provide Customer with access to PropertyLINKTM within 90 working days following receipt or acquisition of required data. Implementation of the PropertyLIN[(TM system occurs in three phases. 1.1 Phase One: Requirements Gathering. MuniServices shall gather specific information needed to generate the database that underlies the Service. (For purposes of this addendum, "Services" means Customer's access to PropertyLINKTM as described in the terms and conditions of this addendum and the final Service specifications.) MuniServices shall conduct an information gathering session with the Customer to obtain the following required Customer information: . Secured Assessment Roll for Customer's geographic area; . Unsecured Assessment Roll for Customer's geographic area; In some cases, certain elements of the Property Characteristics file may be needed. If Customer currently receives MuniServices' property tax audit service, some of this information may already be in MuniServices' possession. 1.2. Phase Two: Project Plan Approval. Once the information gathering has been completed, MuniServices shall deliver to Customer the final Service specifications. The final Service specifications will identify what information the Customer will be able to access through PropertyLINKTM and the types of 4 reports Customer will be able to generate from PropertyLINJ(TM. Any requests for changes to the Service must be made at this time, prior to implementation. The final Service specifications are approved when signed by both Customer and MuniServices, at which time the final Service specifications become part of this Agreement. The approved final Service specifications are referred to as the "Final Project Plan." Any changes to the Final Project Plan must be made in writing. If Customer requests a change to the Final Project Plan, MuniServices will implement the change after MuniServices and Customer have agreed on the cost of the requested change and Customer has approved the scope and cost of the change in writing. 1.3. Phase Three: Installation and Testing. MuniServices shall implement the final Service specifications and install the Service in accordance with this addendum. Customer shall have thirty (30) days from the date installation is completed to begin using the Service to ensure that Customer is able to access the Service. Any problems in accessing the Service should be noted to MuniServices. At the end of the thirty (30) days, unless Customer has notified MuniServices to the contrary, it will be deemed that Customer is able to access the Service and that installation was successful and implementation is complete. MuniServices will correct problems relating to the stated requirements and functionality of the Service that arise after the end of the Testing Period at no cost to Customer if: Customer first discovered the problems after the Testing Period; and Customer notifies MuniServices of the specific problem and the date on which the problem was first discovered. 2. Maintenance. After installation and during the remaining term of this Addendum, MuniServices will correct problems relating to the stated requirements and functionality of the Service which the Customer identifies and of which MuniServices is notified at no cost to the Customer. Problems identified should include only problems with the stated functionality of the Service. Problems addressing functionality which Customer would like to see in the Service shall not be considered issues related to the Service set forth in this Agreement. 3. Cost and Term. Pricing for PropertyLIN[(TM is divided into Set-Up Fees, which are one-time costs to implement the Service, and Annual Fees, paid quarterly for the Service following implementation. 3.1. Set-Up Fees. MuniServices shall charge Customer a one-time fee of $2,500, depending on the size of the city, for set-up to implement the PropertyLIN[(TM Service. Set-Up Fees are billed immediately following execution of this Addendum. A. Defining Set-Up. Set-Up includes the following: 5 . Conversion of existing Customer data to the PropertyLINJ<TM system (applies to Customer data available to MuniServices in electronic format only. Customer is responsible for any direct data entry not available in electronic format.) . Installation and configuration of the VPN software. . Eight (8) hours of on-site user training for five (5) Users. . SecureID's and UserID's for five (5) Users. 3.2. Data Costs. MuniServices shall procure the data necessary to generate the database that will underlie the service. Customer shall reimburse MuniServices for the direct costs MuniServices incurs in procuring any property-tax related data needed for conversion into PropertyLINJ<TM, including, but not limited to, secured rolls, unsecured rolls, or property characteristics file. Prior to incurring costs for procuring data, MuniServices will provide Customer with the estimated cost for acquiring the data. MuniServices will not acquire the data unless Customer approves the cost for acquiring the data. The costs for procuring the data may be a one-time cost or may be a cost incurred for each year that the Customer has access to PropertyLINJ<TM. These yearly purchases of data are not covered by the Annual Fees and will be reimbursable under the terms of this paragraph. 3.3. Annual Fees. The Annual Fee for PropertyLINJ<TM is $8,000, to be paid in quarterly installments at the beginning of each calendar quarter after implementation of the Service. A. For the quarter during which the Service is implemented, MuniServices shall bill Customer a pro-rata portion of the quarterly installment of the annual fee 30 days from the date of implementation. Thereafter, MuniServices shall invoice Customer quarterly, at the beginning of each calendar quarter, for Service to be provided during that quarter. B. The Annual Fee is adjusted at the beginning of each calendar year by the percentage change in the Consumer Price Index - West Urban (CPI-WU) as reported by the Bureau of Labor Statistics. The first adjustment to occur at the beginning of the Calendar year following the first full calendar year of service. The current available CPI-WU is 207.79 based on January 2007 index. The adjustments thereafter will be based on the CPI-WU from the last month of the prior calendar year. Each Annual Fee adjustment shall not be less than two percent (2%) or greater than ten percent (10%). C. The Annual Fee includes: . 24 Hour access to the PropertyLINK systems 6 . User support for up to 5 users (Additional users will increase Price.) . Periodic maintenance releases of PropertyLINK 3.4 Additional Users. Additional Users may be added for a one-time set-up fee of four hundred dollars ($400) per additional User plus two hundred dollars ($200) per additional User in Annual Fees. City may authorize additional Users by providing MuniServices with written authorization that specifies the number of additional Users and authorizes MuniServices to charge City the set-up fee and additional Annual Fees. The written authorization must be from a person with the authority to bind the City. The written authorization may be provided by email. Upon request, City will also provide MuniServices with any additional information MuniServices needs to add the additional User(s). SecureID's may be transferred to a new user for a one- time transfer fee of one hundred dollars ($100.00) per transfer. A lost or damaged SecureID can be replaced for a one-time fee of three hundred dollars ($300.00) per replacement. Malfunctioning SecureID's will be replaced at no charge. 3.5. Additional costs. Additional fees apply for consulting services, added data layers, customized upgrades, or other services requested by Customer that are not within the services described in this addendum. Until the parties have agreed in writing upon the requested services and the additional fee for those services, MuniServices has no obligation to perform and Customer has no obligation to pay for requested services. 3.6. Training. Additional training classes are available from MuniServices in Fresno, CA for the cost of $750 per day for up to 5 users. On site training, at the client site, is $1,200 per day for each group of up to 5 users plus expenses. 3.7 Term. This addendum has an initial term of three year(s) following the date of implementation. After the conclusion of the initial term, this addendum renews for successive one-year periods or until terminated by either Customer or MuniServices by giving the other party written notice of intent to terminate no later than (60) days prior to expiration of the then current term. The term of this addendum is not affected by the addition, deletion, or modification of the Services or Software. 7 4. Online Access and Third Party Software. PropertyLINJ(TM's Internet connectivity utilizes a standard Internet connection. Employees of Customer who need access to the system will have access through the same connection as they currently access the Internet and their local LAN. By using Customer's existing Internet connection, no additional expense will be required including the Virtual Private Network (VPN) software, which is provided with this Agreement. 4.1 VPN Software and Access. MuniServices utilizes the CISCO Systems VPN to create a 1 to 1 relationship between a client PC and the host software. The VPN software establishes a secure link between the Host software and the Client Pc. This secure link means that the PC and the Host establish an encrypted connection that protects data transmitted via the Internet. This ensures that information is protected by encryption as it is transferred to and from the secured machines, and is recognized as one of the highest levels of data transfer security available at the time this Addendum is entered into. In essence, the transmissions on this secure link are unreadable by third party users of the Internet. Once the VPN software has been installed on Customer's system, Customer is required to adhere to all licensing and confidentiality provisions included with the VPN software. MuniServices will provide the software to Customer as part of this Agreement and Customer agrees, by signing this Addendum, to the following: A. Customer will provide MuniServices with the names of Customer's Users. MuniServices will issue Users an RSA-FOB SecureID Tool ("SecureID") and a Customer ID code and password to permit access to the Services. The SecureID will be assigned in connection with the VPN software to each user. This tool generates a random and unique security code every minute. The code combines with a password to provide a unique password (the "Passcode") every minute to ensure security. B. During the initial log-in, Users will be given a unique, random four digit code that will be known only to the User ("UserID"). User login names, unique four-digit code, and the SecureID will allow only the Users to access the Services C. Customer has the ability to manage and control which Customer employees are designated as Users. It is the Customer's responsibility to ensure that Customer ID code, the UserID codes and SecureID are known to, and used only by, persons who have been properly authorized to use them. All access of the service through UserID codes 8 and SecureID shall be deemed to be uses authorized by the Customer and shall so bind the Customer. D. Failure to protect UserID codes and the SecureID may allow an unauthorized party to (1) use the systems, (2) correct, change, verify or send data in the system, or (3) send information and communications to, or receive information and communications from MuniServices. E. Customer assumes the entire risk for the fraudulent and or unauthorized use of all UserID codes and Passcodes. It is important for Customer to develop internal procedures to limit such risk, which procedures will include, at minimum, (1) notifying MuniServices immediately when a new person becomes a Customer User or when any existing Customer User no longer is a Customer User, and (2) not keeping, in any form or in any place, lists of ID codes or passwords. F. Customer agrees to notify MuniServices immediately when it becomes aware of any loss or theft of, or any unauthorized use of, any USERID codes or passwords, or any unauthorized entry into PropertyLINKTM. G. In accessing the Services Customer will be receiving data through the Internet. Customer acknowledges that when the Internet, or any other electronic communications facilities, are used to transmit or receive data, the data may be accessed by unauthorized third parties. To reduce the likelihood of such third party access, Customer agrees to transmit and receive data through PropertyLINKTM using only software including, but not limited to, Microsoft Internet Explorer 6.0 (or higher) browser software, the VPN Client Software and the SecureID. Additionally, Customer agrees to follow the MuniServices log on procedures that support such protocols. 4.2 Third-Party Software. By signing below, Customer acknowledges they are subject to all copyright, license and confidentiality provisions governing the third party software that will be used in accessing the Services. 4.3 Scheduled Maintenance. The PropertyLINKTM system is unavailable from 1:30 am to 3:00 am, PST on Sundays for regularly scheduled maintenance activities. Other special security and maintenance activity may be periodically required. MuniServices will post all special security and maintenance activities requirements on the Customer's portal page. 4.4 System Requirements. Customer must meet the following minimum system requirements for MuniServices to provide the Services to Customer. . IBM/PC Compatible 333mhz or higher 9 . RAM: 256 MB or higher recommended . 20 G hard-drive with at least 20MB of free space . Microsoft Windows 2000 (service pack 3 and above) or XP Operating System (service pack 2) . Microsoft TCP lIP installed (Confirm via Start> Settings> Control Panel> Network> Protocols or Configuration.) . Internet Explorer 6.0 or higher (Note: The speed of response time for the proposed applications is not under the control of MuniServices and is limited by the Internet availability and connectivity source used by the Customer) . 17" Monitor or larger (a larger monitor is suggested for better viewing) . 1024 x 768 resolution for optimum view. 800x600 resolution is supported 5. Miscellaneous Terms. 5.1. Definitions. All terms used herein shall have the same definitions as set forth in the Application Service Provider Agreement of which this Addendum is made a part. 5.2. Grant of Use. Customer shall have the right to access and use PropertyLINKTM for five (5) users designated by Customer in accordance with Section 2.3 of the Application Service Provider Services Agreement, dated .20_. 5.3. Information Accuracy. MuniServices is not responsible for the accuracy of data it acquires to be loaded into the PropertyLINKTM system. Data will be loaded prior to implementation. Thereafter, MuniServices will annually update the Data with new Data provided or acquired by MuniServices. Customer understands and acknowledges that MuniServices does not guarantee (or warrant or promise) that information in the PropertyLINKTM system will balance with the certified assessed value reports generated by the Auditor\ Controller's office. Customer also understands and agrees that MuniServices will make every attempt to reconcile the information in the PropertyLINKTM system with those certified assessed value reports. Customer agrees that failure of the information in the PropertyLINKTM system to balance with the certified assessed value reports generated by the Auditor\ Controller's office is not a breach of the Application Service Provider Agreement or this Addendum. 10