HomeMy WebLinkAboutAgr 2003-06-19 (Municipal Analytics)
AGREEMENT FOR AUDIT SERVICES - TOWN OF
BUSINESS LICENSE TAX
THIS AGREEMENT, made and entered this 1L\~y Of~eJ , 2003, by and between the
TOWN OF TmtJRoN, a political subdivision of the State alifornia, hereinafter called "Town,"
and MUNICIPAL ANAL YTICS, LLC, hereinafter referred to as "Consultant,"
RECITALS
A. The Town wishes to ensure compliance with its Business License Tax ordinance and
therefore has decided to retain a profession with experience and skill in managing
compliance with similar tax ordinances.
B. Consultant has experience and skill in reviewing compliance with business license tax
ordinances; reporting on compliance to tax~ng authorities and assisting in the proper
collection of the tax.
C. The parties wish to contract for the Consultant to provide the services described in
Exhibit A ("Services"), which are attached hereto and incorporated herein by reference.
AGREEMENT
1. Scope of Consultant Services. Consultant shall perform those Services described in
Exhibit A. Consultant may subcontract out certain of the Services to other Consultants only
as may be approved in advance in writing by Town. In the event of such subcontracting,
Consultant shall remain responsible for the full performance of such services.
2. Compensation. Consultant's fee for the Services shall be five thousand, four hundred and
sixty dollars ($5,460), plus addition out of pocket expenses up to a maximum of two
hundred dollars ($200), as set forth in Exhibit A. This shall be paYment in full for all
Services. Consultant shall submit invoices as set forth in Exhibit A, the last invoice being
submitted after satisfactory completion of the Services. PaYments shall be due thirty days
after submission of each invoice.
3. Standard of Work: Indemnity. Consultant shall perform the services in a skillful and
professional manner compatible with the usual, customary standard of Consultant's
profession. Consultant shall indemnify, defend and hold Town harmless from and against
claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent
act or omission of Consultant's in the performance of the Services pursuant to this
Agreement.
4. Consultant as Independent Contractor. Consultant (including its agents and employees) is
not an agent or employee of the Town but is an independent contractor not subject to the
direction and control of the Town. Without limiting the foregoing, Consultant shall
maintain complete control of its operations and personnel and shall be solely liable and
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responsible to pay all required salaries, wages, expenses, taxes and other obligations,
including, but not limited to, withholding and Social Security.
5. Audit of Books and Records. Town may, in its sole discretion, undertake an independent
audit arid/or evaluation of the Consultant's records and accounts of expenditures and
program activities at its own expense. Consultant shall furnish all items necessary in the
Town's discretion to complete said audit and/or evaluation subject to restrictions on
confidentiality limited to expenditure or receipt of program funds, and program quality.
6. Ownership of Documents. All documents, including drawings and specifications
prepared by Consultant pursuant to this Agreement shall be the property of Town.
7. Termination of Contract. Either party shall have the right to terminate this agreement after
10 days written notice to the other party. In such event, Consultant shall deliver to the Town
copies of all finished and unfinished surveys, studies, documents, computer disks, and/or
reports pertaining to the contract, and Consultant shall be entitled to receiye just and
equitable compensation for any satisfactory work completed as determined by the Town.
8. Discrimination. In the performance of the terms of this Agreement, Consultant shall not
engage in nor permit others he may employ to engage in discrimination in the employment
of such persons based on race, color, religion, sex, sexual preference, 'age, or handicapped
conditions.
9. Miscellaneous.
A. Other Contract Provisions. Other contract provisions are set forth in Exhibit A and
Exhibit 1. To the extent that there are any inconsistencies with these Exhibits and
the other portions of this Agreement, the latter shall prevail.
B. Governing Law. This Agreement shall be governed by the laws of the State of
California.
C. Severability. If any provision of this, Agreement is found to be invalid or
unenforceable, the validity and enforceability of the remaining portions shall not be
affected unless the effect thereof would materially change the economic burden on
either party.
D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns
and successors in interest to both parties. Neither party may assign their obligations
under this Agreement without the written consent of the other party.
E. Entire Agreement: Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
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IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
MUNI~~ICS' LLC
By: ~l
Its: IkntQ ~Hd~ C ehJ)
TOWN OF TffiURON
By:
Alex D. McIntYre, Tow
APPROVED AS TO FORM:
~~
Ann R. Danforth, Town Attorney
/;~(r-03
!rtj'l~
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PROPOSAL FOR
BUSINESS LICENSE REVENUE
COMPLIANCE AUDIT SERVICES
Town of Tiburon, California
Presented to
Ms. Heidi McVeigh
Director of Administrative Services
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, California 94920
May 11, 2003
IIIICIPALIIIL "IClf LLC
12003 Yearling Street
Cerritos, California 90703-7616
(562) 860-8137
Draft Proposal for Business License Revenue Audit
Ms. Heidi McVeigh
Town of Tiburon
May 11, 2003
Ms. Heidi McVeigh
Director of Administrative Services
Town ofTiburon
1505 Tiburon Boulevard
Tiburon, California 94920
Dear Ms. McVeigh:
MA, Llc is pleased to present you with a brief proposal for Business License Revenue
Compliance Audit Services that follows below~
We will wait to hear from you.
With regards
Sincerely
Partho MandaI
562-860-8137
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Page 2 of 6
Draft Proposal for Business License Revenue Audit
Ms. Heidi McVeigh
Town of Tiburon
May 11, 2003
Introduction to Municipal Analytics, Lie:
Municipal Analytics, Llc was founded in May 1999 and is Tax Revenue
Management consulting firm. The mission of Municipal Analytics is to empower
cities to pursue its own revenue enhancement strategies. The strengths of Municipal
Analytics include expertise in the following areas:
· Government Revenue auditing
· Information and analytical systems
· Database and data consolidation applications for municipalities
· Internet applications and web interfaces
· Revenue forecasts, projections and impact analyses
· Disclosure and due diligence for bonds and other debt issues
· Redevelopment projects and analysis
Services to Local Governments and Agencies
. Revenue Management: Revenue Auditing (Sales Tax, Property Tax, Business
License, Transient Occupancy Tax and Utility Users Tax), 'Revenue Information,
Forecasting and Analytical Systems.
. Provide computerized information systems, data systems and data consolidation
programs
. Consulting Services: In addition to Revenue Management services, MA, Llc
provides consulting services in the areas of Fiscal Policy Studies, Fiscal Policy
Decision Support, Economic Development, Business Attraction and Retention,
Sales Tax and Use Tax Consulting, and Redevelopment Consulting.
Software & Analytical Tools
· As an integral part of these services we provide proprietary leading-edge software
and analytical tools. Services include both audit discovery information systems
and comprehensive GIS-based decision support systems for local government
managers.
. UOlllfTM Revenue Management System provides computer
analytical tools for maximization of tax revenue for the
local government.
. RNeCIMpTM System is a part of the Revenue Management
System that provides a financial comparison among the
city's peer group in California
. loe ACCIIII Tag An Invoice Consolidation Program
creates a unique sequential identifier tag for all constituents
of the municipalities, who will be presented one single
invoice from the city. The One Account Tag will be a
unique reference number for that entity and will be used for
billing and for retrieval of information for the city.
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Draft Proposal for Business License Revenue Audit
Ms. Heidi McVeigh
Town ofTiburon
May 11,2003
Scope of Services Proposed:
Municipal Analytics, LLC is pleased to provide this draft proposal to the Town of
Tiburon. The general scope of the services to be provided will include the following
servIces:
FEATURES OF SERVICES
1: Audit of all Business for Licenses in the Town iurisdiction:
1. Compile existing list of Businesses
a. Using Current Business License Data from City
b. Using data merging methods with data bases:
i. Unsecured Property Tax
ii. Sales Tax (subject to permission of confidentiality)
iii. Building Permit data from City
iv. Business White Pages
v. Business Yellow Pages
vi. E business directory (if available for the Town)
c. Isolate businesses delinquent in paying taxes
d. Physical canvassing of businesses
2. List unlicensed business as discovered by data merging and physical canvassing
3. Assessment of Delinquency
a. Assess delinquent tax payers for unpaid taxes
4. Assessment of Underpayment
a. Using Sales Tax Records assess underpayment of businesses with sales
permits
b. Using Property Tax data sources test for underpayment
c. Telephone Canvassing
d. Physical canvassing
5. Test for exemptions per Town ordinance
a. Using exemption data tiled with city, complete sample tests for exemption
verification
2: Report on Delinquencv and Underpayment
1. Report and Data Base on all businesses (licensed and unlicensed) identified by
this Audit
2. Report on compliance status of identified businesses
3. Report and estimate of delinquent and unpaid taxes
4. Report on Exempted business
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Draft Proposal for Business License Revenue Audit
Ms. Heidi McVeigh
Town ofTiburon
May 11, 2003
3: Preparin!! and Sendin!! Dunnin!! Notices to Delinauents
1. Prepare notices and address lists for delinquent, underpaid and unpaid businesses
2. In consultation with Town staff, mail notices to delinquents and unpaid
businesses
4: Collection and follow-up
1. Assist Town in tracking the assessments and collection of payments of delinquent
taxes
2. Sending second or third round of reminder notices to delinquents anq unpaid
businesses
5: Closin!! Report and Evaluation of Business License Ordinance and Software
MA, Llc will evaluate the Town's business license ordinance and business license
software and provide recommendations based on the evaluations
TIMING and DELIVERABLES
It is expected that the Audit Process will complete in a period of 90 days from the
execution of an agreement. In general the following sequential time table will be
followed:
1: Data Collection and Data preparation - 2 weeks
2: Assessment of Delinquency and Underpayment - 3 Weeks
3: Four Reports on Delinquency and Underpayment-l week
4: Preparation of Notices, address lists and Mailings - 1 week
5: Follow-up, Reminders, and closure of Audit - 4 weeks
6: Final closing report and evaluation of ordinance and software - 1 week
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Draft Proposal for Business License Revenue Audit
Ms. Heidi McVeigh
Town of Tiburon
May 11, 2003
ComDensation:
The compensation package is shown as below:
1. Fixed Fee Charges:
Audit Database and Reports:
$4,960.00
Mailing Notices and follow-up:
Total Fixed Charges
500.00
$5,460.00
2. Other Charges & Expenses:
1. County Record and Data Charges
2. Mailing expenses
3. Out of pocket expenses not to exceed $200
Fixed Fee, Charges and Expenses will be invoiced in 3 monthly installments of $1,820
each; the last invoice will include all balance allowable expenses.
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