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CC - CONSENT ITEM: (1) Waiver of Competitive Bidding Procedures Pursuant to Culver City Municipal Code Section 3.07.075.F.3; and (2) Approval of a Five-Year Professional Services Agreement with Hinderliter, de Llamas and Associates for Sales, Use, and Transactions Economic Analysis/Forecasting and Related Services.
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Meeting Date: July 10, 2023
Contact Person/Dept: Lisa Soghor/Finance Department
Phone Number: (310) 253-5865
Fiscal Impact: Yes [X] No [ ] General Fund: Yes [X] No [ ]
Attachments: Yes [ ] No [X]
Commission Action Required: Yes [ ] No [X]
Public Notification: (E-Mail) Meetings and Agendas - City Council (07/06/2023)
Department Approval: Lisa Soghor, Chief Financial Officer (07/06/2023)
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RECOMMENDATION
Staff recommends the City Council: (1) waive competitive bidding procedures pursuant to Culver City Municipal Code Section (CCMC) 3.07.075.F.3; and (2) approve a five-year professional services agreement with Hinderliter, de Llamas and Associates (HdL) for sales, use, and transactions tax economic analysis, forecasting, auditing and related on-call services.
BACKGROUND
The California Department of Tax and Fee Administration (CDTFA) is responsible for the administration of sales, use, transaction tax throughout the state. The City has historically contracted with HdL for sales, use, and transactions tax economic analysis, forecasting, audit and related on-call services. Over the years, as new tax measures have been enacted, the City has entered into various agreements with HdL with different contract scopes and terms.
DISCUSSION
Pursuant to CCMC Section 3.07.045, in the event the same vendor has been utilized for a period of five consecutive years, competitive bidding procedures shall apply. CCMC Section 3.07.075.F.3, provides the Council may waive, by a majority vote, bidding requirements if it is deemed to be in the City’s best interest and authorize a negotiated contract. Staff is satisfied with the quality of the services HdL provides, and HdL has developed a successful process for quarterly reporting of sales tax revenue and future budget projections. The City Council has previously authorized HdL to access sales tax information with CDTFA. Undoing this Council authorization and changing consultants at this time would lead to a disruption of City operations and services. Staff recommends that the City enter into a new 5-year agreement with HdL for sales, use, and transactions tax economic analysis, forecasting, auditing and related on-call services. The City’s sales, use, and transactions taxes include the Bradley-Burns tax, Measure C and Measure CC.
Staff has reviewed HdL’s proposal for these services and determined that it satisfies the City’s sales tax management needs at a reasonable price. HdL has quoted the City a fixed monthly fee for Bradley-Burns tax management in an amount of $750 per month and $200 per month for each city measure ($400 total per month for Measure C and Measure CC). The monthly fees may be changed once a year based on the California Consumer Price Index with proper notice provided. In addition to these services, HdL performs allocation and audit recovery services. Fees for the recovery services are paid on a contingent basis. HdL receives 15 percent of the Bradley-Burns sales and use tax revenues and 25 percent of Measure C and Measure CC transactions and use tax received by the City as a result of allocation audit and recovery services performed by HdL. In addition, HdL will provide related on-call consulting services, if requested by the City, based on certain established hourly rates.
FISCAL ANALYSIS
There are sufficient funds available in the Adopted Budget for Fiscal Year 2023-2024 for economic analysis/forecasting and related services for sales, use and transactions tax in Account No. 10114400.610100 (Treasury - Audit Services). Funding for subsequent years of the agreement will be included in future fiscal year budgets.
The costs related to auditing of tax errors are difficult to estimate in advance as they are dependent on sales, use and transactions tax remittances every year. The City Manager may approve budget increases throughout the year to address these types of expenditures. Per City Council Policy Statement 5001 (Budget Development and Administration), the City Manager has the authority to approve budget appropriations in excess of $30,000 to cover costs incurred for tax audits that are performed on a contingency fee basis.
MOTIONS
That the City Council:
1. Waive competitive bidding procedures pursuant to Culver City Municipal Code Section 3.07.075.F.3; and
2. Approve a five-year professional services agreement Hinderliter, de Llamas and Associates (HdL) for sales, use, and transactions tax economic analysis, forecasting, auditing and related on-call services; and
3. Authorize the City Attorney to review/prepare the necessary documents; and
4. Authorize the City Manager to execute such documents on behalf of the City.