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SR-200-004 (8) F:/finance/Treas/Share/bltaudit/City Council Staff Report.doc City Council Meeting: December 9, 2003 Santa Monica, CA To: Mayor and Council Members From: City Staff Subject: Professional Services Agreement with MBIA MuniServices Company for Three Years Business License Tax Discovery and Audit Services Introduction: This report recommends that the City Council authorize the City Manager to negotiate and execute a professional services agreement with MBIA MuniServices Company (MMC) for a business license tax discovery and audit program. Background: The City annually issues approximately 20,000 business licenses generating nearly $18 million in revenue. Experience has shown that a number of businesses operate in the City without a license. Given the current uncertain budget situation in the City, it is now more important than ever that the City take steps to discover these businesses and recover all revenues to which it is entitled. A Request for Proposal (RFP) for business license tax discovery and audit services was sent to five vendors who have experience with municipal business license tax issues. MMC was the only vendor to submit a proposal. 1 Discussion: MMC currently provides the City with audit services for utility user taxes. Additionally, MMC conducted a discovery program with the City in 1996 and has performed similar services for other California cities including Pasadena, Beverly Hills, San Mateo, Petaluma, and Belmont. The MMC proposal met all the RFP requirements. Based upon its experience in providing this service, staff recommends selection of MMC for the program. The agreement will include both discovery and audit services. Discovery services are designed to identify entities subject to taxation by the City that are not properly licensed and/or not reporting fees to the City. Audit services are designed to identify entities which are not properly reporting the full amount to which they are subject. City staff previously conducted audits between FY 1985/86 through FY 1990/91. It is prudent to re-instate an audit program to recover revenues from businesses that may not be remitting the proper amount of tax to the City due to lack of knowledge of business license requirements, errors in tax calculation, or other reasons. The goal of the proposed program is to increase compliance with the Santa Monica Municipal Code. Many businesses are unaware of the licensing requirements for a business operating within the City’s jurisdiction. This program will aid businesses in understanding the requirements for licensing and complying with those requirements. 2 Staff proposes that MMC’s fee for both the discovery and audit services be on a contingency basis related to the additional revenue realized by the City from the services performed. A contingency fee is typical for these types of services. Based on MMC’s proposal, staff proposes a three-year term for the agreement with the following payment structure: Year 1 30% of the revenues recovered for the current year and eligible prior years, and revenues received from the identified businesses for the two years following discovery. Year 2 35% of the revenues recovered for the current year and any eligible prior periods, and revenues received from the identified businesses for the first year following discovery. Year 3 40% of the revenues recovered for the current year and any eligible prior periods only. The 1996 discovery services fee was fixed at $115,000. Budget/Financial Impact: Implementation of this program will result in additional one-time and on-going revenues to the City. While it is not possible to determine the amount of additional revenues at this time, the similar one-year discovery services program conducted in 1996 generated 3 approximately $250,000 in net additional revenues. The previous audit program generated $50,000 to $175,000 annually before it was stopped. Staff expects greater results than in prior years due to the length of time since the last audit and the addition of many new businesses in the City. Recommendation: It is recommended that the City Council authorize the City Manager to negotiate and execute a three year agreement with MBIA MuniServices Company to provide Business License Tax discovery and audit services. Prepared by: Steve Stark, Director of Finance David Carr, Acting City Treasurer Debby Sowers, License, Permit and Parking Citation Supervisor 4