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HomeMy WebLinkAbout21-Public Services , . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Public Services Or,r"f~'L In h.d ,~r\ Subject A resolution authorizing the Mayor of the City of San Bernardino to execute on behalf of the City an agreement between Transport Tax Consulting, Inc. (ITC) and the City of San Bernardino for fuel excise tax . . reVIew serVIces. From: Lynn Merrill, Director Date: September 12, 2000 Council Meeting Date: October 2, 2000 Synopsis of Previous Council Action Recommended Motion: Adopt resolution ~/IW Lynn Merrill Contact person: Lynn Merrill Phone: 5140 Supporting data attached: Staff Report, Resolution, Agreement Ward: All FUNDING REQUIREMENTS: Amount: FY 2001-2002 50% of actual refunds estimated at $36,000 Source: 635-341-5505 --&zddLrA ;>rd U~ Fmante Council Notes: lo/a../(}IJ . Agenda Item No.~ . . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT A Resolution authorizing the Mayor of the City of San Bernardino to execute on behalf of the City an agreement between Transport Tax Consulting, Inc. (ITC) and the City of San Bernardino for fuel excise tax review services. BACKGROUND Fuel excise taxes are added onto the purchased price of fuel. These taxes, however, are for on- highway use of vehicles. Most cities and agencies, including San Bernardino, do not have a mechanism in place to detennine how many miles are off-highway use versus on-highway use, resulting in an overpayment of fuel excise taxes. Transport Tax Consulting, Inc. (ITC) approached city staff with an opportunity to recapture overpaid fuel excise taxes and permanently reduce future excise taxes. As part of their proposal (Attachment 1), TIC will do the following: 1. Conduct a field study (approximately 2 to 3 months in duration) in order to document actUal on and off highway fuel use of all City equipment and vehicles. 2. File an appeal with the State Board of Equalization (SBE) and obtain approval for documented off-highway fuel use. 3. Upon receipt of approval, file tax returns and obtain refunds. The process of documenting off-highway use and the appeal process with the SBE are time consuming and require specialized expertise. TIC, Inc. possesses this highly specialized tax audit and accounting expertise in this area to successfully pursue tax refunds and minimize fuel taxes paid in the future. City staff does not currently possess such specialized expertise and knowledge. As part of this proposal, TIC, Inc. will train City staff to ensure future deductions are the maximum allowable and are properly supported. In addition, TIC, Inc. would represent the City before the SBE through the entire refund process until SBE approval is obtained. The proposed tax review would allow the City to permanently receive refunds on properly documented non-taxable fuel use. TIC, Inc. estimates this process will save the City approximately $12,000 annually. TIC Inc.'s compensation for the tax review is based solely on refunds actually received by the City as a direct result of TIC, Inc.'s efforts. There is no fee if the refunds are disallowed. As compensation, TIC, Inc. would receive 50% of the amount of refunds from non- taxable fuel use prior to state approval, up to the SBE maximum of 36 months past usage. Any refunds received from future non-taxable fuel use (after the date of state approval) would be kept 100% by the City. TIC, Inc. will assume all costs, including employees travel, lodging, meals, and other costs incidental to the work performed. The City of Visalia has completed the appeal process and has received refunds. The City of Riverside has completed the appeal process and is awaiting refunds. Both contracts were similarly 50% compensation for past refunds with the cities keeping 100% of future refunds. " The appeal process with the SBE takes generally 1-2 years before approval. Once approved, refunds can be obtained easily on an annual, quarterly, or monthly basis. The City of Riverside has completed the field study and lTC, Inc. is currently at the appeal stage with an estimate of $1200 to $1600 per month in refunds. Riverside was unable to find another vendor currently performing these services. The City of Visalia has completed the appeal process with the help of lTC, Inc. and received over $86,000 in past refunds from 1993 to 1998 (prior to 50% payment to lTC, Inc.) and receives quarterly refunds of between $3800 and $4500. City of San Bernardino staff was unable to find another vendor who could provide this service. FINANCIAL IMPACT There will be no fee if the refund request is disallowed by the State. If allowed, 50% of past refunds will be paid to lTC upon receipt. Gross refunds are estimated by lTC of $12,000 annually for three (3) years for a total of $36,000. Due to the lengthy appeal process with the SBE, this revenue amount and an expenditure amount equal to 50% will be included in the FY 2001-2002 budget. The initial term of this Agreement shall be two (2) years from the date first shown on this Agreement and is subject to termination by either party upon thirty (30) days written notice to the other. There may be up to three (3) one-year extensions. RECOMMENDATION That the Resolution be adopted to authorize the Mayor to execute on behalf of the City an agr~ent betv:'een Transport Tax Consulting, Inc. and the City of San Bernardino for fuel excise tax reView serVIce. 2 e e e 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 MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY AN AGREEMENT BETWEEN TRANSPORT TAX CONSULTING, INC. (TTC) AND THE CITY OF SAN BERNARDINO FOR FUEL EXCISE TAX REVIEW SERVICES. 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 ,2000, by the following vote, to wit: Council Members: Ayes N:tYs Abstain Absent ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this ,2000. day of Approved as to form and Legal conte t; James F. e Judith Valles, Mayor City of San Bernardino BY: 2 e e e ~(R\. ,~~/7 \'~ '::Y ~ U SERVICES AGREEMENT THIS AGREEMENT is entered into this _ day of , 2000, between Transport Tax Consulting, Inc. ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for fuel excise tax review and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible proposal for providing said services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish tax review services including but not limited to a field study, an appeal with the State Board of Equalization, filing of tax returns, obtaining refunds, and training CITY staff. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services 50% of the amount of refunds from past non-taxable fuel use. Refunds for non-taxable fuel use after the ,date of state approval will be kept 100% by CITY. 3, CONTRACTOR shall provide the Public Services Department with an invoice in arrears upon receipt of refunds and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be two (2) years from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be up to three (3) one-year extensions. e e e 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for ten (10) day notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the Public Services Department, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee ofthe CITY. 8. In the performance of this Agreement and in the hiring and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: e TO THE CITY: Public Services Director 300 North 'D' Street San Bernardino CA 92418 TO THE CONTRACTOR Transport Tax Consulting, Inc. 929 N. Val Vista Dr. Ste. 107103 Gilbert, AZ 85234 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. Date: by: Transport Tax Consulting, Inc. e Signature CITY OF SAN BERNARDINO Date: by: Judith Valles Mayor City of San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form and legal content: e , . , October 6, 2000 Transport Tax Consulting, Inc. 929 N. Val Vista Drive, Suite 107103 Gilbert, AZ 85234 Dear Sir, At the Mayor and Common Council meeting of October 2, 2000, the City of San Bernardino adopted Resolution 2000-302 - Resolution authorizing an agreement between Transport Tax Consulting, Inc. and the City of San Bernardino for fuel excise tax review services. Enclosed is one (1) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the executed agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed by December 1, 2000. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, Michelle Taylor Senior Secretary ,. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Item # '2...\ k2r Resolution # 'Ca::f) - 302 Abstain..e-- Absent z... Meeting Date (Date Adopted): ! 0'- "Z.;-O 0 Vote: Ayes I\~-" Nays Change to motion to amend original documents: - Reso. # On Attachments: ~ Contract term; Date Sent to Mayor; \().-4-o0 Date Returned from Mayor; Date of Clerk's Signature: \0 -5 .00 Reso. Log Updated; ICJ-~-cG ,/ Null/Void After: 1"2. '(-00 Date of Mayor's Signature: l(j -4-00 Seal Impressed; V Date Memo Sent to Department for Signature: See Attached: - Date Returned: Date Letter Sent to Outside Party for Signature: to -(,,-00 See Attached:./ Date Returned: I ()-, 3'-( )(; 60 Day Reminder Letter Sent on 30tb day: See Attached; -=- 90 Day Reminder Letter Sent on 45th day: See Attached: - Note on Resolution of Attachment stored separately: ====- Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below); Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557); Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services Police Public Services../ Water Notes: - See Attached: - Yes ./ No By Yes No / By - Yes No II'" By - Yes No ,/ By Yes Nol By EDA Finance / MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: /hI Date; 10-/6 --CO