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HomeMy WebLinkAbout3/21/2018 - STAFF REPORTS - 1.N. �QQA�MSA,p iy � W V N FORN�P CITY COUNCIL STAFF REPORT DATE: MARCH 21, 2018 CONSENT CALENDAR SUBJECT: APPROVAL OF AN AMENDMENT TO AGREEMENT NO. A6205 FOR BUSINESS LICENSE TAX CERTIFICATE DISCOVERY AND ASSESSMENT SERVICES WITH MUNISERVICES, LLC FROM: David H. Ready, City Manager BY: Finance Department SUMMARY The City Council will consider an Amendment to the Agreement with MuniServices, LLC for Business License Discovery and Assessment Services to lower the existing compensation schedule of 40% of additional revenue collected to 30% of additional revenue collected, and to extend the term of the agreement for three additional years. All other terms remain the same as in the original agreement. RECOMMENDATION: 1. Approve Amendment No. 2 to Agreement No. A6205 with MuniServices, LLC to provide the City Business License Discovery and Assessment Services extending the term of the agreement for three additional years ending June 30, 2020, and lowering the existing compensation schedule of 40% of additional revenue collected to 30% of additional revenue collected. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The payments received for the City's 6,700+ business licenses generate almost $1 million per year to the City's General Fund revenue. Of these 6,700 businesses, about 4,400 or just under 2/3 of them are physically located in the City. The other 1/3 of those businesses operate remotely and only have a temporary presence within the City. The wide variety of business types, the large number of businesses, and the fact that so many of our business license taxpayers are not physically located in Palm Springs, makes the task of administering and auditing business license taxes challenging for the Finance staff to manage. Combined with general compliance issues, this may result in instances of underreporting of tax revenues or other inconsistencies. The City routinely uses outside qualified local government tax specialists and auditors to ensure compliance with the City's rules and regulations for the proper compliance and remittance of City taxes and licenses. ITEM NO. I A City Council Staff Report March 21, 2018—Page 2 Amend Business License Discovery and Assessment Services Agreement with MuniServices On March 13, 2012, the City entered into an agreement with MuniServices to search for businesses that are non-compliant or under-compliant with the City's regulations for the business license taxes, and to provide reports detailing their discovery and enforcement efforts on the City's behalf. The current agreement has been very successful and the audit process has resulted in the payment of $136,326 to the City of Palm Springs for non-licensed businesses, and providing regular reports on compliance efforts. City staff recommends the City Council approve an amendment to the agreement to extend the term of the agreement by three years. FISCAL IMPACT: The average cost of an annual business license is $144. When the auditors discover a noncompliant business and are successful in getting the business owner to come into compliance with the City's ordinance by registering for a new business license and paying their business license tax for the first time, MuniServices then receives 30% of that amount, while the City retains the other 70% of the amount paid. For each year thereafter the City retains 100% of the business license tax collected. Therefore, this activity generates its own revenue to pay for the cost of auditing. Sufficient funds are available in account 001-1300-43253 to pay for these costs. Geoffref 8. i6ehl David H. Ready, Es ., .D. Director of Finance and Treasurer City Manager Attachments: Amendment No. 2 to Agreement No. A6205 for Business License Discovery and Assessment Services 02 AMENDMENT NO. 2 TO CONSULTING SERVICES AGREEMENT FOR BUSINESS LICENSE DISCOVERY AND ASSESSMENT SERVICES (Agreement No. A6205) THIS SECOND AMENDMENT to the Consulting Services Agreement No. A6205 for Business License Discovery and Assessment Services is made and entered into to be effective on the date that the City Manager executes this Amendment by and between the City of Palm Springs, a California charter city and municipal corporation(hereinafter referred to as the City),and MuniServices,LLC,a Delaware limited liability company, its subsidiaries and affiliates (hereinafter referred to as the Consultant) (collectively, the "Parties"). RECITALS A. City and Consultant entered into a Consulting Services Agreement ("Agreement") for Business License Discovery and Assessment Services to assist the City with identifying entities subject to taxation,which are not properly registered,or otherwise not reporting taxes to the City; or are registered but are not properly reporting the full amount of tax which they are subject to under the City's ordinances, made and entered into on March 13, 2012. B. City Council approved Amendment No. 1 to the agreement to extend the term of the agreement for 3 additional years plus a 1 year optional extension for a maximum contract term ending June 30, 2017. C. City and Consultant desire to lower the discovery fees from 40% to 30%, add Tax Administration performance services for the collection of Business License payments, and extend the term of the agreement for 3 additional years for a contract term ending June 30, 2020. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: AGREEMENT 1. Section 4.4, "Term", of the Agreement is hereby amended to read as follows: "Unless earlier terminated in accordance with Section 4.5 of this Agreement,this Agreement shall continue in full force and effect from the date executed by the City and ending on June 30, 2020. 2. Section 3.1,"Compensation of Consultant",of the Agreement is hereby amended to read as follows: "Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the Schedule of Fees set forth in Exhibit"A" and Exhibit A, Article 4-Compensation is hereby amended to read as follows: "MuniServices' compensation for providing Discovery Services shall be a contingency fee of 30% of the additional revenue received by the City from the services. The 30% shall apply to the current tax year, all eligible prior period revenues, and any applicable penalties,interest,and late charges. The contingency fee only applies to revenue actually 03 received by the City, and in which MuniServices has identified deficiencies." Further, the Not-to-Exceed language is eliminated. 3. Section 10.2,"Covenant Against Discrimination"of the Agreement is hereby amended to read as follows: "In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race,religion,color,sex,age,marital status,ancestry,national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability,or medical condition(each a"prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis.As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity,including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting." 04 IN WITNESS WHEREOF,the Parties have executed and entered into this Amendment as of the date first written above. "CITY" CITY OF PALM SPRINGS, ATTEST: a California charter city and municipal corporation By: By: Anthony J. Mejia, City Clerk, MMC David H. Ready, City Manager Date APPROVED AS TO FORM: By: Edward Z. Kotkin, City Attorney "CONSULTANT" MUNISERVICES,LLC, a Delaware limited liability company By: Doug Jensen, SVP Client Services CONSULTANT: Check one:_Individual_Partnership Corporation X LLC 05