Loading...
HomeMy WebLinkAbout25- Finance CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: BARBARA PACHON, Subject: AMENDMENT OF CONTRACT WITH (MRC) • DIRECTOR OF FINANCE O D ��J MUNICIPAL RESOURCE CONSULTANTS TO O� V INCLUDE REVENUE ENHANCEMENT AND Dept: FINANCE AUDITING SERVICES. Date: MARCH 11, 1996 Synopsis of Previous Council action: APRIL 20, 1987, RESOLUTION 87-131 ADOPTED AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MUNICIPAL RESOURCE CONSULTANTS (MRC) RELATING TO SALES TAX AUDIT SERVICES. Recommended motion: ADOPT RESOLUTION. Signature Contact person: Barbara Pachon, Director of Finance Phone: x - 5242 Supporting data attached: STAFF REPORT, MRC PROPOSAL _ Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No. ) (Acct Description) Finance: Council Notes: I T Agenda No. �� CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT BACKGROUND The City is currently under contract with Municipal Resource Consultants (MRC) for the audit of sales and use tax and the provision of MRC's Sales Tax Analysis and Reporting Service (STARS) . The primary purpose of MRC's services is to assure that sales taxes are appropriately returned to the "point of sale" community. Since the inception of the contract in April 1987 through the second quarter of 1995, MRC's efforts have resulted in the City receiving significant sales and use tax revenue which would not have been otherwise realized. MRC has proposed amending their contract with the City to provide for revenue enhancement services. MRC's revenue enhancement and information services outlined in the analysis below are to be provided on a self-funding basis without creating an expenditure impact on the City's budget. The new services are self-funded by a combination of new revenues realized by the audit services and state reimbursements. ANALYSIS OF PROPOSAL MRC's proposal consists of three parts: I. (REAP) REVENUE ENHANCEMENT AUDIT PROGRAM The REAP service includes audit support for sales/use tax, utility users tax, documentary transfer tax, property tax (including redevelopment tax increment) , franchise fees, and transient occupancy tax. Benefit: Expansion of MRC's services to include audit support for the taxes listed above will assist the City and the Economic Development Agency in realizing all the revenue to which the City is entitled to under existing law. Funding: The benefits of the REAP program are accomplished at no risk to the City or Economic Development Agency. MRC's services are self-funded. They are only paid when their audit efforts produce new revenue that would not otherwise have been realized by the City/Agency. II . (BLIS) BUSINESS LICENSE INFORMATION SERVICE BLIS consists of two services 1 . ) a business inventory management service and 2 . ) a business license administration service. Benefit: California cities experience changes in their business base at an average rate exceeding 20% per year due to business openings, closings, expansions, consolidations, relocations, acquisitions and other events. BLIS uses state of the art technology to build and maintain a comprehensive business inventory. This inventory is formatted and compiled according to the requirements of the State of California Franchise Tax Board. Page 1 of 3 1 ` i t BLIS also includes a business license software package to replace the current system. The new software will increase the efficiency and accuracy of the registration, renewal, billing, collection, and data entry functions of the City's business license operation. The new software operates on a user friendly PC based system and is adaptable to existing business license forms. Funding: Because the State Franchise Tax Board (FTB) is seeking more complete and accurate data from cities' business license records, the FTB will reimburse the City for MRC's cost ($110, 262) to produce, maintain and report the City's business inventory. The cost of the business license administration service ($15, 000 initial set up plus $2 , 000 annual maintenance) is also reimbursable by the State. MRC's compensation is not payable until the City has received the service and the City has received full reimbursement from the State. In the event that the State's reimbursement to the City is less than MRC's costs, MRC will accept the State's reimbursement as payment in full . III. (GRIP) GEOBASED REVENUE INFORMATION PROGRAM GRIP includes a computerized database of all the City's land parcels, major buildings and users (commercial , industrial, institutional, governmental, residential) and major sources of general revenue including franchise fees, property tax, sales/use tax, state subventions, transient occupancy tax and utility user tax. GRIP also includes a query system, quarterly updates of the database, a quarterly digest and quarterly meetings to review the results MRC's review of the data. Benefit: GRIP is a geobased database that will greatly assist EDA in business retention, expansion, and attraction. GRIP will also enable the City to develop and implement strategies to preserve and enhance the City's revenue base through applications such as: economic development, land use planning, revenue productivity analysis, budgeting & revenue projections, and fiscal & economic impact analysis. Funding: The cost of GRIP ($25, 000 for initial development plus $1, 500 per month after initial development for updates and maintenance) is also self-funded from new audit revenues and MRC's "audit efficiency credits. " "Audit efficiency credits" are efficiencies or savings that MRC realizes in performing common tasks to provide each of the services described above. This efficiency or savings is passed on to the City in the form of a credit of up to $54 , 000 annually based on these efficiencies. FISCAL IMPACT The program is entirely self-funding. Consultant compensation is only payable upon finding new revenues on a percentage basis for a limited time period. MRC's compensation for providing the Revenue Enhancement Audit Program shall be entirely predicated and contingent upon the new revenue realized by the audit. Under this arrangement, the City agrees to pay MRC an amount equal to 25% of the deficiency recoveries from eligible prior periods . When MRC's audits result Page 2 of 3 in ongoing (rather than one-time) benefits, MRC's compensation shall be 25% of the incremental revenue realized by the City during the first twelve consecutive quarters following correction. No invoice is payable until the City receives sufficient funds to cover the charges for the program. EQUIPMENT (HARDWARE) NEEDS The City will need to upgrade approximately ten computer terminals to PC's in order to utilize the software. The cost of the PC's, cabling, printers, and other miscellaneous equipment is estimated at $40, 000. Funding: Funding for the hardware will come from two sources: 1. ) State reimbursement, and 2 . ) EDA contribution. The State will reimburse the City up to $15, 000 for equipment costs associated with the implementation of a Business License Administration Program that meets the reporting requirements of Section 19556 of the Revenue and Taxation Code. The Economic Development Agency will also utilize the GRIP system and has committed $25, 000 in their FY 95-96 budget for implementation of the GRIP system. The combination of funds from the State reimbursement and EDA contribution will cover the cost of upgrading the required hardware. RECOMMENDATION Adopt resolution authorizing execution of amended agreement with MRC to include the provision of MRC's Business License Information System (BLIS) , Geobased Revenue Information Program (GRIP) , and the audit of additional revenues under the Revenue Enhancement Audit Program (REAP) . Page 3 of 3 r r 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE AMENDMENT OF CONTRACT WITH MUNICIPAL RESOURCE CONSULTANTS (MRC) TO 3 INCLUDE REVENUE ENHANCEMENT AND AUDITING SERVICES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor is hereby authorized and directed to 6 amend, on behalf of said City, the agreement between the City of 7 San Bernardino and MRC to include revenue enhancement and auditing 8 services. 9 SECTION 2 . The authorization to execute the above referenced 10 amendment is rescinded if the parties to the Agreement fail to 11 execute it within sixty (60) days of the passage of this 12 Resolution. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at a meeting thereof, held on the 16 day of 1996, by the 17 following vote, to wit: 18 19 20 21 22 23 24 25 26 27 1 28 r � 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE AMENDMENT OF CONTRACT WITH MUNICIPAL RESOURCE CONSULTANTS (MRC) TO 2 INCLUDE REVENUE ENHANCEMENT AND AUDITING SERVICES. 3 4 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT 5 NEGRETE 6 CURLIN 7 ARIAS 8 OBERHELMAN 9 DEVLIN 10 ANDERSON 11 MILLER 12 13 CITY CLERK 14 The foregoing resolution is hereby approved this day of , 1996. 15 16 17 Tom Minor, Mayor City of San Bernardino 18 Approved as to form 19 and legal content: 20 JAMES F. PENMAN City Attorney 21 22 By: 23 24 25 26 27 2 28 PROPOSAI/AGREEMENT TO AMEND SCOPE OF REVENUE ENHANCEMENT & INFORMATION SERVICES FOR THE CITY OF SAN BERNARDINO March 13, 1996 by Municipal Resource Consultants EXECUTIVE SUMMARY Municipal Resource Consultants (MRC) agrees to amend the scope of revenue enhancement and information services presently provided to the City of San Bernardino (City) to include additional sources of revenue. MRCS amended services are to be provided on an entirely self-funded basis without creating an expenditure impact on the City's budget. SALES TAX AUDIT & INFORMATION SERVICES Since April 1989, MRC has provided the City with sales tax audit and information services. As of the first quarter of 1995, MRCs sales tax audit service produced $3,361,923 of net new revenue for the City, for a return on the City's investment of 771%. In conjunction with the audits, each quarter MRC provides the City with a Sales Tax Analysis and Reporting Service (STARS) which consists of a quarterly updated onsite Query System and bound Digests. The STARS Query System includes confidential data on all the City's sales tax generators. The STARS Digests reflect MRC's monitoring and analysis of the City's sales tax revenue and generators, to identify revenue performance, trends, gains, declines, projections, issues and opportunities. PROGRESSIVE REVENUE SERVICES Business License Information Service (BLIS) is comprised of two individual services: 1) a business inventory management service; and 2) an optional business license administration service. BLIS establishes and maintains a current, comprehensive and valid inventory of all the City's businesses. BLIS includes: MRC's proprietary software; physical canvassing of every street and commercial/industrial facility within the City's borders; continuous development of the business inventory using MRC's geobased data integration technology; increased efficiency in registration, renewal, billing, collection, data entry and overall City business license administration; ongoing software/data maintenance, training and support as described in Exhibit "A." MRC shall install the software on a City computer and train staff within 60 working days of receipt of the amended agreement approved by the City. Each month Iv1RC shall update the City's business inventory database and provide the Franchise Tax Board (FTB) with corrected, standardized, enhanced and properly formatted (according to FTB requirements) business license tax information. MRC's Business License Information Service is eligible for State reimbursement. Revenue Enhancement Audit Program (REAP) is designed to assist the City in realizing all of the revenue to which it is entitled, but may not be receiving, from the following sources - business license tax, documentary transfer tax, franchise fees, property tax (including RDA tax increment), transient occupancy tax and utility user tax- as described in Exhibit "B." MRC's REAP service results in the detection, documentation and correction of errors and omissions causing deficiencies and thereby produces new revenue that would not otherwise have been realized by the City. MRC shall commence the REAP service within 10 working days following receipt of the amended agreement. Geobased Revenue Information Program (GRIP) includes a computerized database of all the City's land parcels, major buildings and users (commercial, industrial, institutional, governmental, residential), and major sources of general revenue including, but not limited to, business license tax, franchise fees, property tax, sales/use tax, state subventions, transient occupancy tax and utility users tax, as described in Exhibit "C." Quarterly, MRC shall update the GRIP database, train authorized staff in the use of the GRIP Query System, and review with designated City personnel the GRIP Digest with regard to revenue performance, trends, gains, declines, projections, issues and opportunities and provide the City with hardcopy analysis of the City's revenue generators and sources. LEVERAGED EFFICIENCIES MRC has developed a unique package of revenue audit and information services that progressively build on each other to capitalize on the common tasks accomplished, data developed and results produced. MRC calls this "leveraged efficiencies." MRC's Progressive Revenue Services capitalize on these leveraged efficiencies to maximize client revenues, cost savings and return on investment MRC is thus able to provide the City with a comprehensive package of extremely valuable, unique services that are entirely self-funding. SELF-FUNDING COMPENSATION MRC has structured the BLIS, REAP and GRIP services to be entirely self-funding for the City, as follows: Business License Information Service (BLIS) - is entirely eligible for SB 90 reimbursement and MRC's compensation is not payable until the City has received the service and the State has reimbursed the City for BLIS. In the event the State does not fully reimburse the City for BLIS, the amount not reimbursed by the State is not due to MRC until the City has received full reimbursement from the State. The Business Inventory Management Service shall be provided for an annual fee of$110,262, and the optional Business License Administration Service shall be provided for a one-time fee of $15,000, and an annual maintenance fee of $2,000 starting in the second year. Revenue Enhancement Audit Program (REAP) -shall be provided on a self-funded basis, whereby MRC's compensation is entirely predicated and dependent upon the results produced for the City. MRC's compensation is 25% of the deficiency recoveries from eligible prior periods. When MRC's service results in the detection and correction of errors/omissions that the City and MRC mutually agree will produce ongoing (rather than one-time) benefits to the City, MRCs compensation is 25% of the incremental revenue realized by the City during the first twelve quarters following correction. Geobased Revenue Information Program (GRIP) - compensation for the initial development and implementation of the GRIP database is $25,000. The monthly fee for the ongoing service is $1,500. MRC's compensation for providing the initial and ongoing GRIP service is payable after the City has received the services being invoiced and has sufficient funds to cover the charges from accrued Audit Efficiency Credits (see below) and/or the City's share of new revenue produced from MRC's revenue enhancement audits. MRC Audit Efficiency Credits - Efficiencies and savings are realized by MRC from common tasks accomplished and data developed in providing the REAP and GRIP services. In this regard, NIRC proposes to offer to the City, in the form of Audit Efficiency Credits, an opportunity to reduce the compensation paid MRC by the City. These are detailed in Exhibit B, Section 5.1. y EXAMPLE OF SELF-FUNDING AND USE OF AUDIT EFFICIENCY CREDITS The following illustrates a hypothetical example using new revenue generated by MRCs audit services and state reimbursement to fund services provided during the first year of the amended agreement. Revenue Self-Funded to Cost to City City BLIS reimbursement to City from State $125,262 Less: business inventory management service <110,262> Less: business license administration service < 15,000> New revenue to City from MRCs REAP services $300,000 (including sales/use tax audits) Less: MRC compensation at 250 75,000 GRIP service charge for first full year 34,000 ($25,000 initial & 6 months®$1,500) MRC Audit Efficiency Credits <54,000> TOTALS $300,000 $55,000 City may apply Audit Efficiency Credits to MRC's audit fees and GRIP. TABLE OF CONTENTS AMENDED CONSULTANT SERVICES AGREEMENT EXHIBIT A BUSINESS LICENSE INFORMATION SERVICE Attachment A-1 Licensing Agreement for BLIS EXHIBIT B REVENUE ENHANCEMENT AUDIT PROGRAM EXHIBIT C GEOBASED REVENUE INFORMATION PROGRAM Attachment C-1 Licensing Agreement for GRIP EXHIBIT D GENERAL PROVISIONS AMENDED CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made at San Bernardino, California, as of 1996, by and between the City of San Bernardino, a municipal corporation (hereafter referred to as "City") and Municipal Resource Consultants (hereafter referred to as"Consultant" or "MRC"), who agree as follows: 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibits "A", "B", "C" and "D" (the "Exhibits".) Consultant shall provide said services at the time, place, and in the manner specified in the Exhibits. Consultant shall not be compensated for services outside the scope of the Exhibits. 2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in the Exhibits. The payments specified in the Exhibits shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement, unless the City approves additional compensation for additional service. Consultant shall submit all billings for services rendered pursuant to this Agreement to City in the manner specified in the Exhibits. 3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement, with the exception of the computer equipment specified in the Exhibits. 4. Exhibits. All Exhibits referred to herein are attached hereto and are by this reference incorporated herein. EXECUTED as of the day and year first above stated. CITY OF SAN BERNARDINO By: Title: Date: MUNICIPAL RESOURCE CONSULTANTS PARTNER: JOHN T. AUSTIN, INC. By: John T. Austin Title: President Date: March 13, 1996 EXHIBIT A BUSINESS LICENSE INFORMATION SERVICE Municipal Resource Consultants (MRC) proposes to provide to the City of San Bernardino (City) a Business License Information Service (BLIS) that is comprised of two individual services: 1) a business inventory management service; and 2) an optional business license administration service. The objectives, scope, procedures, system requirements, custom specifications, software license, timing, support and compensation are set forth as follows: 1. BACKGROUND In 1984 the state legislature enacted Revenue and Taxation Code Section 19556 1 requiring most California cities to furnish the state Franchise Tax Board (FTB) specific business tax information each year. In this regard, Government Code Section 17561 2 provides for reimbursement to cities for certain costs incurred from state-mandated local programs; also known as SB 90 reimbursement. The FTB utilizes the cities' business community data to monitor compliance with the State Income Tax, and Bank and Corporation Tax. This program has proven to be successful in allowing the FTB to increase state revenue, but it has become apparent to the FTB that there is a strong correlation between the quality and frequency of the data received and the amount of the revenue that could be raised for the State. Furthermore, research has shown that cities throughout California experience changes in their business base at an average rate exceeding 20% per year - due to business openings, closings, expansions, consolidations, relocation, mergers, acquisitions and other events. Given this situation, a valid listing of a city's businesses typically does not exist. As a result, much of the data received by the FTB is not of the desired quality, frequently in the wrong format, missing important data (e.g. SIC codes), not standardized as to address and name, includes closed businesses not purged from city files, missing many new businesses and it is received only once a year. 1 Revenue and Taxation Code Section 19556 requires any California city which maintains or has access to a computerized recordkeeping system, and which assesses a business tax, to annually furnish the Franchise Tax Board specified business tax information on all businesses subject to the tax in the preceding fiscal year. The Government Code further specifies that access to the business tax information is to be kept confidential and shall be disclosed only to the FTB. 2 Government Code Section 17561 provides for the State Controller's Office to reimburse cities for certain cost incurred for state-mandated local programs. City-incurred costs that are eligible for such reimbursement include administrative, operational and related costs which are reasonably necessary to implement and maintain an FTB compliance program. This includes costs for staff, independent consultants, automated and manual system modifications, data collection and reasonable allocation of overhead expenses. 1 MRC's BLIS business inventory management service creates and maintains a comprehensive and valid inventory of current businesses operating within the City's boundaries. The inventory is created by combining MRC's geobased data integration technology, which extracts relevant business data from a large variety of data sources (including the City's existing business license records), and physical canvassing of the City which captures those firms that elude electronic data sources. The combined data is corrected, standardized and enhanced (e.g. business name, address, SIC code) and formatted according to FTB requirements. Each month the data is updated and delivered to the FTB and the City. The business inventory provided to the City is placed on a personal computer designated by the City and is accessible through MRC's proprietary compliance software. The optional BLIS business license administration service provides the City with MRC's proprietary business license administration software. This service greatly increases the efficiency of the registration, renewal, billing, collection, data entry and overall administration of a city's business license operation. It is adaptable to existing business license forms, is compatible with all standard accounting packages and can operate through most computer systems or platforms. BLIS is eligible for State reimbursement. 2. OBJECTIVES MRC's BLIS is designed to assist the City achieve the following objectives: ❑ Build and Maintain an Accurate Business Inventory ❑ Produce State-Mandated Business Tax Information that Qualifies for State Reimbursement ❑ Increase License Registration and Renewal Efficiency (optional service) ❑ Reduce Data Entry Errors, Processing Time and Costs (optional service) 2 / 0. 3. SCOPE OF SERVICE MRC shall provide the City with a Business License Information Service which includes: ❑ Creation and maintenance of a comprehensive and valid inventory of the City's businesses that is continuously updated ❑ Monthly progress reports to the City on the status of the business inventory which shall include the current business inventory ❑ Production of business inventory data on appropriate media and in appropriate format provided to meet the mandate reporting deadline of March 31 each year ❑ License to use MRC's proprietary business inventory management software • License to use MRC's proprietary business license administration software • Ongoing software upgrades, training and support ❑ Assistance with Franchise Tax Board (FTB) reporting and SB 90 reimbursement claims 4. PROCEDURES MRC responsibili ties: ❑ Review the City's business license tax ordinance for enforceability, coverage, billing and collection efficiency ❑ Review the City's business license forms for opportunities to simplify taxpayer reporting, capture economic development data (number of employees, building space, etc.) and FTB-mandated information, and increase processing efficiency ❑ Secure from the City on electronic media a current listing of all businesses registered with the City, and convert the data to a BLIS-readable format 3 • Develop and maintain a computerized inventory of businesses operating in the City by: o Physically canvassing every street and commercial/industrial facility within the City's borders o Preparing an aggregated list of business entities on electronic media; this list is derived from multiple private and public hard copy and electronic sources, including specialized business listings and directories, and the City's business tax and other confidential revenue payment files o Cleaning and standardizing, in address-order, each entity's business name, address, and payment file information to eliminate redundancies • Provide monthly data cleaning, standardization and multiple source integration using MRC's proprietary software for compliance and enforcement ❑ Install the BLIS software, provide ongoing software upgrades, training and support ❑ Assist City and/or the City's consultant in preparing the claim for state reimbursement by providing the substantiating documentation and rationale to support the SB 90 claim and represent same with the FTB and the State Controller's Office City staff responsibilities: ❑ Establish a record for each registered business to include FTB-mandated information; ❑ Each month provide MRC with a current listing of all businesses registered with the City on electronic media; ❑ Submit to the appropriate State agency an estimated claim for BLIS reimbursement by the deadline for submitting estimated claims for compliance with State mandates each year (November 30 of the fiscal year in which the expense is incurred, or other deadline as may be established by the State); and ❑ Submit to the appropriate State agency a claim for actual expenses incurred for BLIS by the deadline for submitting claims for reimbursement of State mandated local programs (November 30 following the fiscal year in which the expense is incurred, or other deadline as may be established by the State). 4 5. SYSTEM REQUIREMENTS o Any 486 based IBM or compatible PC with 16 MB RAM o Hard disk with a minimum free space of 250 MB (May vary depending) 0 3.5" floppy disk (1.44 MB) 0 14" SVGA monitor, 15" or 17" recommended o Parallel (Centronics compatible) printer interface o Any Centronics-compatible parallel printer o Modem (min. 14.4 baud rate 28.8 preferred) and dedicated telephone line o Double speed CD Rom, Quad speed preferred o Mouse Software required includes: o MS or PC DOS version 5.0 or later o Communications software for the modem o Word processing software with mail merge capability, i.e., WordPerfect, Microsoft Word, etc. for optional business license administration service Should the City desire, MRC will assist in evaluating and procuring the necessary hardware and/or software. 6. CUSTOM SPECIFICATIONS The BLIS business license administration software can be customized to fit the City's specific needs. The basic software includes the required state-mandated fields, state tax report and standard revenue reports. Additional fields, reports and other detailed specifications can be added on a pre-quoted time and materials basis. 5 7. SOFTWARE LICENSE,TIMING AND SUPPORT BLIS includes the attached software license and maintenance agreement (see Attachment A-1). Within 60 working days of contract authorization, MRC shall: 0 Install BLIS software on City hardware 0 Provide staff with up to 16 hours of training with easy-to-use operating manuals MRC shall also provide ongoing software and documentation upgrades, data updates, and up to 12 hours of annual support onsite or remotely by telephone and/or modem on an as-needed basis. 8. COMPENSATION Pursuant to Government Code Section 17561, MRC's fees for BLIS are eligible for reimbursement by the State. To make BLIS entirely self-funding for the City, MRC's compensation is payable only after MRC has installed the BLIS software on City computer system, has trained City personnel on the use of the software, has produced the business license inventory in the appropriate format and on appropriate media and delivered same to the FTB to meet the State reporting mandate, and the City has been paid on its estimated claim for State reimbursement for BLIS. MRC's fee for BLIS is due within ten days thereafter. In the event the State does not fully reimburse the City for BLIS, the amount not reimbursed is not due MRC until the State has reimbursed it to the City. The annual Business Inventory Management Service is provided for a fee of $110,262, and the optional Business License Administration Service shall be provided for a one-time fee of $15,000, and an annual maintenance fee of $2,000 starting in the second year. MRC shall assist the City and/or the City's consultant in preparing the necessary claim for state reimbursement by providing the substantiating documentation, rationale, and cost breakdown to support the SB 90 claim and represent same with the FTB and the State Controller's Office. 6 %Y. 9. AUTHORIZATION The City of San Bernardino hereby authorizes MRC to provide the following BLIS service(s): Business Inventory Management Service Business License Administration Service (Optional) ❑ Authorized ❑ Not Authorized EXECUTED as of this day CITY OF SAN BERNARDINO MUNICIPAL RESOURCE CONSULTANTS PARTNER: JOHN T. AUSTIN, INC. BY: By Title: Titl . President Date: Date: March 13 1996 7 J Attachment A-1. LICENSING AGREEMENT for BUSINESS LICENSE INFORMATION SERVICE (BLIS) This Agreement is made at San Bernardino, California, as of 1996, by and between the City of San Bernardino, a municipal corporation (hereafter referred to as "City") and Municipal Resource Consultants (hereafter referred to as "MRC"), who agree as follows: 1. License. Subject to the terms and conditions set forth in this Agreement; MRC shall provide to the City a license to use MRCs software, database, and other property (hereafter referred to as "Property") as further described in Exhibit"A". MRC shall provide said Property at the tune, place, and in the manner specified in Exhibit "A". MRC shall not be compensated for property outside the scope of Exhibit"A"- 2. Restrictions. Said Property shall only be used by the City. The City shall not sublet, duplicate, or modify said Property. Said Property may only be used for the purposes described in Exhibit "A". Said Property shall be returned to MRC at the time the license expires. MRC may terminate the license, at its sole option, if City violates any of the stated restrictions. The Property remains the sole and exclusive property of MRC. The license granted hereunder shall not imply ownership by City of said Property, rights of City to sell said Property, or rights to use said Property for Elie benefits of others. This license is transferable only with MRC's written consent. 3. Payment. City shall pay MRC for license rendered pursuant to tbis Agreement at the times and in the manner set forth in Exhibit"A". The payments specified in Exhibit A shall be the only payments to be made to MRC for license rendered pursuant to tiuis agreement, unless the City approves additional conilwnsation for additional property. MRC shall submit all billings for license reiulererh pursuant to this At;reenlent to City in the manner specified in Exhibit"A" S 4. Attachments and Exhibits. All Attachments and Exhibits referred to herein are appended hereto and are by this reference incorporated herein. 5. Proprietary Information. As used herein, the term "proprietary information" means any information which relates to internal controls, computer, or data processing programs; data that has been modified by MRC proprietary techniques resulting in standardized, specifically correlated, or integrated information; electronic data processing applications, routines, subroutines, techniques, or systems; or business affairs and methods of operation or proposed methods of operation of MRC, except such information which is not obtained through this Agreement or which is in the public domain at the time of its disclosure to the other party. City shall hold in confidence using levels of effort consistent with its own policies applicable to its confidential information and shall not disclose to any other party any MRC proprietary information (as such terms is herein defined) which may be disclosed to City by MRC in connection with this Agreement or otherwise learned or obtained by City in connection with this Agreement The parties further agree not to take any other action inconsistent with the confidential nature of MIZC proprietary information. The obligations imposed by this Paragraph shall survive any expiration or termination of this Agreement This section shall not apply to any information which is public information. 6. Waiver. No waiver of any breach or failure or delay in exercising any right; power, or remedy shall constitute a waiver of same or of any provision hereof and no waiver shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement of such waiver is sought. 7. Severability. The provisions of this Agreement are severable, and the unenforceability of any provision of this Agreement shall not affect the enforceability of this Agreement or any other provision hereof. In addition, in the event that any provision of this Agreement is determined by a court to be unenforceable as drafted, the parties acknowledge that it is their intention that such provision be construed in a manner designed to effectuate the purposes of such provision to the fullest extent enforceable under applicable law. 8. Taxes. City shall be responsible for the payment of any applicable taxes in connection with the Agreement, except for atly tax based on NfRC's net income_ 9. Govern'ng Law. This Ylgreouient shall be governed by, and construed in accordance with, the laws of the SUItc of California. u M. 10. Remedies Cumulative. All remedies in this Agreement are cumulative and in addition to and not in lieu of, any other remedies a party may have at law or in equity. 11. Entire Agreement. This Agreement and the Exhibits hereto, which is hereby incorporated herein by reference, shall constitute the entire agreement between City and MRC with respect to its subject matter, shall supersede all prior agreements and understandings, if any, between the parties respecting the subject matter hereof and may be modified only by written agreement of the parties. EXECUTED as of the day and year first above stated. CITY OF SAN BERNARDINO By: Title: Date: MUNICIPAL RESOURCE CONSULTANTS PARTNER: JOHN T. AUSTIN, INC. By: - John T. Austin Title: President Date: March 13, 1996 10 EXHIBIT B REVENUE ENHANCEMENT AUDIT PROGRAM Municipal Resource Consultants (MRC) presently provides to the City of San Bernardino (City) a Revenue Enhancement Audit Program (REAP) to assist the City in realizing all of the revenue to which it is entitled from sales/use tax, and agrees to amend the scope to include business license tax, documentary transfer tax, franchise fees, property tax (including RDA tax increment), transient occupancy tax and utility users tax. The purpose, scope, procedures, timing, reports and compensation are set forth as follows: 1. BACKGROUND Many California cities are not realizing all of the revenue to which they are entitled from existing tax sources due to administrative errors and omissions by businesses and third-party intermediaries (such as the state, counties, and utility companies) responsible for collecting the revenue and remitting it to the cities. Administrative errors and omissions are inevitable given the non-standard, complex nature of state and local taxes with regard to applicability, rates, exceptions, exemptions, quirks and inconsistencies. Rapidly changing technology, deregulation, human fallibility, fragmented responsibilities and employee turnover further compound the problem. Because there are time limitations on a government agency's ability to recover revenue to which it has been deprived, it behooves the City to have revenue enhancement audits conducted as thoroughly and rapidly as possible. 2. PURPOSE & SCOPE The purpose of MRC's revenue enhancement audits is to assist the City in recovering all of the revenue to which it is entitled from the following sources: ❑ Business License Tax ❑ Documentary Transfer Tax ❑ Franchise Fees ❑ Property Tax (including RDA tax increment) ❑ Transient Occupancy Tax ❑ Utility Users Tax MRC's Revenue Enhancement Audit Program results in the detection, documentation and correction of errors and omissions causing deficiencies and thereby produces new revenue that would not otherwise have been realized by the City. 1 3. PROCEDURES In providing the revenue enhancement audit service, MRC shall: ❑ Meet with City's designated staff to review service objectives, scope, workplan schedule, public relations and logistical matters; MRC will also establish an appropriate liaison with the City's coordinator and logical checkpoints for reviewing progress Note: With the exception of this initial meeting, MRC's revenue enhancement audit service requires minimal time and effort on the part of City staff ❑ Review applicable provisions of the City's municipal code and ordinances adopted by the City ❑ Represent the City for purposes of examining records pertaining to the revenue sources listed above (see Section 2) to identify and confirm any errors/omissions that are resulting in deficient payment to the City ❑ For each error/omission identified and confirmed, prepare documentation to substantiate and facilitate recovery of revenue due from prior periods (plus applicable interest and penalties) • Prepare and forward to the appropriate parties "date of knowledge' requests for corrective action and revenue recovery • Meet with designated City official(s) as necessary to review our findings and recommendations ❑ Provide additional assistance as necessary to support the City in recovering and preventing tax deficiencies MRC's detailed procedures for auditing each revenue source shall be provided on request. 2 4. TIMING & REPORTS MRC shall commence the revenue enhancement audits within 10 working days of authorization with the objective of delivering the initial audit reports within 90 to 120 working days after receiving the necessary data. Thereafter, MRC shall provide the City with audit progress reports to include, but not be limited to, the following: ❑ Status of work in progress, including copies of reports provided to taxpayers/intermediaries addressing each reporting error/omission individually, including where applicable the business name, address, telephone number, account identification number, individuals contacted, date(s) of contact, nature of business, reason(s) for error/omission and recommended corrective procedure ❑ Actual revenue produced for the City by MRC's service on a quarterly and cumulative basis ❑ Projected revenue forthcoming to the City as a result of MRC's audit service, specified according to source, timing and one-time versus ongoing ❑ Alphabetical listing of all errors/omissions detected for the City by MRC including, for each, the account number, correction status, payment amount received by the City, period to which payment is related and payment type (e.g., reallocation, deficiency assessment, etc.) 3 i. 5. COMPENSATION & EXPENSES To make MRC's service self-funding for the City and its Redevelopment Agency (Agency), MRC's compensation for providing the Revenue Enhancement Audit Program (REAP) shall be entirely predicated and contingent upon the audit(s) producing new revenue that would not otherwise have been realized by the City/Agency. Under this arrangement, the City/Agency agree(s) to pay MRC an amount equal to 25% of the deficiency recoveries from eligible prior periods (plus associated charges for penalties and interest). Said recoveries include amounts recovered, refunded, credited, or any other consideration received by the City/Agency in lieu or as a result of the audit findings. When MRC's audits result in the detection and correction of errors/omissions that the City/Agency and MRC mutually agree will produce ongoing (rather than one-time) benefits, MRC's compensation shall be 25% of the incremental revenue realized by the City/Agency during the first twelve consecutive quarters following correction. In this regard, the City/Agency agree(s) to: o Invoice the responsible party for tax deficiencies (plus associated charges for penalties and interest) identified and confirmed by MRC within 30 days following receipt of MRC's report; and o Notify MRC within 10 days following receipt by the City/Agency of payments (cash payments, installment payments, or other compensation directly benefiting the City/Agency) resulting from MRC's audit service. Upon being notified of receipt of payment(s), MRC will then invoice the City/Agency. Earned compensation is due and payable upon receipt of invoices. All expenses incurred by MRC in providing the revenue enhancement audits and information services are absorbed by MRC. These expenses include items such as employee salaries and benefits, insurance, airfare, auto rentals, meals, lodging, keypunching, computer processing, clerical meetings, telephone, mail, etc.) photocopying, overhead and miscellaneous out-of-pockets for consumable supplies and research materials such as maps, directories, etc. 4 5.1 MRC AUDIT EFFICIENCY CREDITS Efficiencies are realized by MRC from common tasks accomplished and data developed in providing multiple revenue audit services and GRIP. In this regard, MRC proposes to offer to the City, in the form of Audit Efficiency Credits, an opportunity to reduce the compensation paid MRC as follows: First Tier Audit Efficiency Credits - the City can qualify for First Tier Audit Efficiency Credits if, in addition to BLIS, the City elects to utilize MRC's REAP and GRIP services. This will provide a credit of $54,000, which may be used to reduce MRC earned compensation from REAP and/or GRIP services for the period described below each year commencing July 1, 1996. Second Tier Efficiency Credits - the City can qualify for Second Tier Audit Efficiency Credits if, in addition to BLIS, the City elects to utilize MRC's REAP service (but not GRIP). This will provide a credit of$27,000, which may be used to reduce MRC earned compensation from the REAP service for the period described below each year commencing July 1, 1996. In addition, to qualify for Audit Efficiency Credits, the City must: ❑ Authorize MRC to proceed with the appropriate services for the Tier of Audit Efficiency Credits sought; ❑ Submit to the appropriate State agency an estimated claim for BLIS reimbursement by the deadline for submitting estimated claims for compliance with State mandates each year (November 30 of the fiscal year in which the expense is incurred, or other deadline as may be established by the State); and ❑ Submit to the appropriate State agency a claim for actual expenses incurred for BLIS by the deadline for submitting claims for reimbursement of State mandated local programs (November 30 following the fiscal year in which the expense is incurred, or other deadline as may be established by the State). Audit Efficiency Credits are granted July 1 of each year and are applied to MRC billings between that July 1 and the following June 30 to reduce the amount due MRC as earned compensation for providing REAP and/or GRIP services. Audit Efficiency Credits may not be carried over beyond June 30 of any year. As stated above, IVIRC's revenue audit and information services are being provided as a package. Should the City elect to terminate any of the services provided by MRC, or should there be a fundamental change in the funding or administration of any of the revenue sources subject to MRC services, or should the State cease to mandate and/or fund the city business license reporting program, the Compensation and Audit Efficiency Credits sections of the package agreement would be subject to modification by mutual agreement of the City and MRC. 5 c2,3 . 6. BACKSTOP AUDIT PROGRAMS MRC's revenue enhancement and information services described in this and the following exhibit are to be provided on a self-funding basis without creating an expenditure impact on the City's budget. Accordingly, if the City has an additional ("backstop") revenue enhancement audit g P ro ram (staffed by internal or external personnel), it is understood and agreed that those personnel must detect and document in writing (on behalf of the City) to the taxpayer and/or responsible intermediary (e.g., state, utility company, etc.) each individual error/omission at least one full calendar quarter prior to MRC doing so. Otherwise, MRC shall be entitled to receive compensation for detecting and documenting any such error/omission which has resulted in deficient payment to the City. For this purpose, the City and MRC shall provide copies to each other of notices submitted to taxpayers and/or intermediaries (state agencies, county, utility service providers, etc.). 6 EXHIBIT C GEOBASED REVENUE INFORMATION PROGRAM Municipal Resource Consultants (MRC) hereby agrees to provide to the City of San Bernardino (City) a Geobased Revenue Information Program (GRIP). The purpose, scope, procedures, timing, deliverables, compensation and licensing agreement (attached) are set forth as follows: 1. BACKGROUND 1.1 THE NEW REALITY: SELF-RELIANT CITIES The 1990s ushered in a new reality for every city in California: fiscal self- reliance. Faced with permanent cutbacks in federal and state assistance, each city is dependent upon the revenue generated from its own economic base to define the level of services it can afford to provide. 1.2 CITY SERVICE FUNDING EQUATION To sort out and better understand the strategic significance and ramifications of self-reliance for California cities, MRC has developed what we call the "City Service Funding Equation' to express the fundamental elements of this new reality, as follows: Economic Base X Revenue Structure = City Service Funding Capacity MRC's City Service Funding Equation simply says that a city's service funding capacity is determined by - and the product of - its revenue structure applied across its economic base. Economic Base - Includes land, buildings and the users thereof (commercial, industrial, institutional, residential, governmental) that are located in the City. Revenue Structure - Consists of: ❑ Non-Discretionary Taxes - Those revenue sources that a city does not have the authority to directly control, such as: o Property Tax o Sales/Use Tax o State Subventions ❑ Discretionary Taxes - Those revenue sources that a city does have the authority to directly control, such as: o Business License Tax o Transient Occupancy Tax o Franchise Fees o Utility Users Tax 1 1.3 THE ONLY CONSTANT: CHANGE Given this new reality, each city needs to have a better understanding of its economic base and revenue structure. This is a formidable challenge in that the economic base and revenue structure are dynamic - not static - due to: ❑ Changing Business Base - Cities experience changes in their business base at an average rate exceeding 20% per year - due to business openings, closings, expansions, consolidations, relocations, mergers, acquisitions and other events. ❑ Changing and Outmoded Revenue Structure - Application of a city's revenue structure to its economic base is constantly subject to change from legal decisions, legislation, regulation, deregulation and emerging technology, especially in the area of telecommunications. 2. PURPOSE &APPLICATIONS MRC shall develop and maintain a database to monitor and analyze revenue generated from the City's economic base and revenue structure and input the data elements into GRIP - MRC's Geobased Revenue Information Program. GRIP facilitates the reorganization, monitoring and analysis of revenue contribution on a total amount, segregated and aggregated basis according to revenue source, business type, industry, business, land use, facility, development and designated geographic area. GRIP is a leading edge analytical and management tool which will enable MRC to assist San Bernardino develop and implement strategies to preserve and enhance the City's revenue base (and therefore service funding capacity) through applications such as: ❑ Economic Development o Business Retention o Business Attraction • Business Expansion • Business Cooperation ❑ Land Use Planning ❑ Revenue Productivity Analysis' ❑ Budgeting & Revenue Projections ❑ Business License Strategic Analysis ❑ Fiscal & Economic Impact Analysis* ❑ Benefit Assessment Districts MRC recommends that elements of physical presence (e.g., number of employees, land area/building space, etc.) be included in the GRIP database to maximize the value of these applications to the City. 2 a4. 3. SCOPE Sections 3, 4, 5 and 6 describe the scope, procedures, timing and deliverables for the Core GRIP Services. Optional GRIP Services are described under Section 7. I GRIP provides the City with standardized, integrated and quarterly-updated data on all key revenue sources and revenue generators in one database. Specifically, the GRIP database shall encompass: ❑ The land parcels, major buildings, and users (commercial, industrial, institutional, governmental, residential) located within the City's boundaries; and ❑ The City's major sources of general fund revenue including, but not limited to, the following: o Business License Tax o Franchise Fees o Property Tax o Sales/Use Tax o State Subventions • Transient Occupancy Tax • Utility Users Tax MRC defines a revenue generator as any entity that has a physical presence within the City. Such an entity may either occupy or own a parcel within the City, or be conducting business that generates revenue to the City. The GRIP database has at least one record for each revenue generator. As an option, the GRIP database can be expanded to include physical presence information (number of employees, land/building size) for the City's Core Revenue Generators. A Core Revenue Generator is defined as being one of the City's most significant entities in terms of revenue generation. A city typically has up to 150 Core Revenue Generators. GRIP is a relational database, designed for extraction of information by structuring appropriate queries. Imbedded in the database is geographic locational information that allow queries to be address-specific, address range- specific or parcel-specific. Should the City already possess an operational GIS system, GRIP will be customized to link with the existing system's parcel index. MRC's multi-disciplined staff also designs digitized mapping systems for cities. (See Section 7.0 Optional Services - Electronic Mapping.) 3 4. PROCEDURES In providing the Core GRIP Services, MRC shall: ❑ Meet with City's designated staff to review service objectives, scope, procedures, workplan schedule, public relations and logistical matters; MRC will also establish an appropriate liaison with the City's coordinator and define logical checkpoints for reviewing progress ❑ Review applicable provisions of the City's municipal code and ordinances adopted by the City ❑ Study City-provided data such as current yea's budget, financial statements, general plan, aerial photos, maps, special reports and studies (economic, market, feasibility, fiscal, etc.) that provide relevant background or insight ❑ Inventory the land parcels and commercial, industrial, institutional, governmental and residential (other than single family) revenue generators located within the City's boundaries ❑ For each residential revenue generator, ascertain address and/or assessor parcel number, revenue source and amount received by the City during the most current year available (to be compiled for future years) ❑ For each business, ascertain name, address, assessor parcel number, business category, revenue source, and City's portion of revenue generated (to be compiled for future years) ❑ Electronically integrate all applicable revenue sources by business for each address location by matching name to address and "sanitizing' all data to assure its accuracy • Update the data accuracy, completeness and integration each quarter as a byproduct of our ongoing Revenue Enhancement Audit Program • Arrange revenue receipts on a modified accrual basis for each period • Assign each revenue generator a business category number ❑ Maintain, update and integrate the database for the duration of the contract ❑ Prepare and install initial and quarterly-updated GRIP Query System for onsite access by authorized City staff in formats that provide for confidential and non-confidential outputs 4 • In conjunction with the initial installation, MRC will conduct a one-day session to train authorized City staff in the use of the GRIP Query System and an easy- to-follow user manual, also furnished by MRC • In conjunction with the quarterly updates, MRC will conduct a 1-to-2- hour session to train authorized staff in the use of the GRIP Query System and user manual ❑ Using standard GRIP Query System menu output, format data to be compatible with City's GIS to link through assessor parcel numbers ❑ Prepare and personally present to the City initial and quarterly-updated GRIP Digests, which reflect MRC's monitoring and analysis of the City's revenue, and revenue generators, to identify revenue performance, trends, gains, declines, projections, issues, opportunities and options 5. CITY SUPPORT The City agrees to support MRC by providing or arranging to provide (to the best of its ability) the following: • Letters of introduction (as required) • Requests for information (as required) from third parties (such as the state, county, utility companies, etc.) ❑ Codes/ordinances covering each tax imposed by the City ❑ Current year's budget report ❑ Revenue receipt information for City-imposed taxes and state subventions ❑ Special reports and studies such as general plan (and proposed amendments), economic, market, feasibility, etc. that would provide additional background or insight ❑ Maps (and related information) that would provide additional background or insight, such as: o Engineering and zoning maps of City (100' or 200' per inch scale) o Zoning maps with street delineations o Copy of Assessor's book/page maps for entire City o Tax Rate Area (TRA) maps (and list of City and RDA TRAs) o RDA project boundary maps o Most recent aerial photograph(s) of entire city 5 O Computer equipment and related software Hardware 0 486/33, 486/50 or 486/66 PC System 0 17' SVGA monitor o VESA LB video SVGA(not an ORCHID, preferably GENOA) 0 16 MEG RAM 0 500 MEG internal IDE drive 0 4X CD ROM drive o Mouse (serial port) o Mouse pad o Modem (min. 14.4 baud rate 28.8 preferred) and dedicated telephone line o HP compatible Printer (e.g. Brother HL630-645, Epson Actionlaser, HP 2 series) with 2 MEGs of memory o Print Drivers for the above selected printer o FONTS (required for GRIP applications) Font Size Arial 8, 10, 11, 12, 14, 24 Courier 10, 12 Courier New 10 MS Sans Serif 8, 10, 12, 14, 15, 24 Small Fonts 8 Terminal 9, 14 Software: o QEMM 7.03 o Windows for Workgroups 3.11 o DOS 6.2 Should the City so desire, MRC will assist the City in evaluating and procuring the necessary computer equipment. 6 6. TIMING & DELIVERABLES MRC shall commence providing the Core GRIP Services within 10 working days following contract authorization (including the GRIP licensing agreement) with the objective of meeting with the City within 90 working days, and each quarter thereafter, to: ❑ Deliver and install the initial and quarterly-updated GRIP Query System ❑ Train authorized City staff in the use of the GRIP Query System (an easy- to-follow user manual is also furnished by MRC) ❑ Review and discuss the initial and quarterly-updated GRIP Digests The preliminary workplan schedule on the following page presents MRC's time frames for accomplishment of the prescribed tasks. The GRIP Query System and Digest are further described in Sections 6.1 and 6.2. 6.1 GRIP QUERY SYSTEM Within 90 days after commencing the project, and each quarter thereafter, MRC shall deliver and install the initial and quarterly-updated GRIP database on a City-designated IBM compatible PC to allow onsite access by authorized City staff. Should the City so desire, MRC shall furnish the necessary equipment and peripherals at MRC's cost. The GRIP Query System includes data for each of the City's major sources of general fund revenue as follows: ❑ All revenue information is integrated according to revenue generator name and geographic location ❑ Revenue contributions for individual and aggregate sources of revenue are displayed for each revenue generator ❑ Combined revenue information for multiple revenue generators is presented in user-defined geographic areas Since the GRIP database contains information that is deemed confidential by businesses, state agencies and the major utility companies, the GRIP data is encrypted and the System is password-protected to ensure access by authorized personnel only. (See Attachment C-1 for GRIP software licensing agreement.) 7 � co 0 -ALA L C � O L G O L C LO O L C O cz C O co 2 11 ti U U) � L � � N 0 CL L W QO T L - W L U C n. Y O L -D o Q cz 7 c CD c E f-- o c� Z E =O N o a> a� C/) cu (� W i N O � fA a� c!) :3 N m a_ v� c aS -0 > °— N c a) G� > N D a cc o a v`ni c U` C — a) C 3 C c� > co 0 Ira Cn C Q RS N 0 2 C Q) C13 cz 0 cz m a> (D �C d Q j . cz C — � T a) N U U p� c cn W In addition to providing training for authorized staff, MRC will also provide technical support free of charge via telephone on an as-needed basis for up to 10 hours per quarter. After the initial delivery and installation of the GRIP Query System, MRC shall maintain, update and integrate the database on a quarterly basis for the duration of the contract. The accuracy and completeness of the GRIP database will continually improve as a byproduct of MRC's ongoing Revenue Enhancement Audit Program. The updates shall include revenue generator, address and/or parcel number, business category code, business identification number, historical payments and the most current revenue data available. MRC's GRIP Query System will enable City staff to analyze the contribution of revenue (from individual or aggregated sources) by each revenue generator in the City, on an individual, grouped or sorted order by business name, business type, business identification number, size ranking, street address, assessor parcel number, or specific user-defined geographic areas. The GRIP Query System can also be used to geo-code additional user-defined areas such as City Council Districts, business industrial parks, redevelopment project areas, etc. The GRIP Query System provides the City with a leading-edge analytical and management information tool for a broad range of fiscal, economic and strategic applications. 9 t3 6.2 GRIP DIGEST Upon delivery of the GRIP database , and each quarter thereafter, MRC shall prepare and deliver to the City initial and quarterly-updated confidential and non-confidential versions of the GRIP Digest. Each issue of the GRIP Digest reflects MRC's monitoring and analysis of the City's continually changing economic base and revenue structure, and subsequent identification of revenue performance, trends, gains, declines, projections, issues and opportunities. MRC's GRIP Digest will enable the City to answer questions such as: ❑ How is the City's economic base performing in terms of revenue generation? ❑ What changes are occurring in the City's economic base and how will those changes impact the City's revenue? ❑ Where is the City's tax revenue coming from? ❑ What trends, good or bad, are occurring to the City's general fund revenue base? ❑ Which businesses is the City most dependent on for its tax revenue? ❑ Which business types are the most economically desirable/undesirable? ❑ How are specific geographic areas (mutually defined by City/MRC) performing? ❑ How will actual/potential changes to the City's revenue structure (legal decisions, legislation, regulation, deregulation, technological change, etc.) impact the City's revenue? The scope of each GRIP Digest shall include, but not be limited, to: ❑ Monitoring and analyzing the City's revenue, and most significant revenue generators, based on the following: o Management Summary & Charts - GRIP Digest includes a confidential and non-confidential Management Summary with supporting color charts that graphically portray revenue composition and performance for the City. o Analysis Section - The Analysis Section of MRC's GRIP Digest compares the revenue performance of the most significant revenue generators for the latest complete quarter benchmark year to the same period in the prior year(s). 10 The Analysis Section includes the following: (1) historical performance to be compiled for up to four years; (2) an analysis of the changes that occurred by business sector; and (3) an analysis by magnitude of change indicating which key businesses grew or declined, measured in absolute dollars and percentages. Note: Historical data will be shown as it is compiled in preparing future GRIP Digests. For example, the initial year will show no historical data, and the second year will show one year's history together with the current year. o General Fund Trend Report. Data is summarized by type of revenue in summary form in order to develop revenue trends which are shown using successive benchmark years. Percentage of revenue contributed is also shown by successive benchmark year to indicate trends in revenue composition as well. o Top 100 Revenue Generators - Revenue generated by the City's top 100 Revenue Generators is shown in order of aggregate revenue, including historical performance. o Top 20 Revenue Generators by Revenue Source - This report shows the 20 largest revenue generators within each revenue source. 11 7. OPTIONAL GRIP SERVICES The scope of MRC's GRIP Services can be customized to fit the City's specific needs by adding to the Core GRIP Services one or more of the Optional GRIP Services briefly described below. The Optional GRIP Services can be added to the Core GRIP Services from the outset or at any time during the term of the contract. ❑ FOCUSED ECONOMIC DEVELOPMENT STRATEGIES By analyzing City-specific information derived from the GRIP database, MRC can assist the City in developing and implementing focused strategies for business retention, attraction, expansion, and cooperation. ❑ PHYSICAL PRESENCE, FISCAL IMPACT& REVENUE PRODUCTIVITY ANALYSIS By capturing and relating elements of Physical Presence to revenue contribution, in size-adjusted equivalent units of measurement, MRC is able to analyze the relative fiscal impact and revenue productivity for each revenue generator in the City. The need for this information becomes increasingly critical as each city moves towards fiscal self-reliance and dependence on the revenue generated from its own economic base to fund the City's general services. Physical presence data (such as number of employees, land/building size, etc.) can be gathered by the City and/or MRC. ❑ BUSINESS LICENSE STRATEGIC ANALYSIS Each city is becoming increasingly dependent on its own economic base and discretionary (city-imposed) taxes to fund general services. In doing so, business license tax is emerging as a key element in balancing a city's ability to fund general services and still be competitive with other cities in retaining and attracting businesses. MRC's analysis of the existing business license tax ordinance (and potential revisions thereof) will assist the City in defining the strategic role of the ordinance in shaping the fiscal and economic future of the City. ❑ FISCAL, ECONOMIC& TAX MODELING The GRIP database and computerized modeling capability enable MRC to simulate the fiscal and economic impacts that various land uses, developments, businesses and tax structures have on the City's residents, businesses and the City itself. With this modeling capability, MRC can rapidly simulate and analyze the impacts under numerous "what if" scenarios based on criteria such as fairness, equity, self-reliance and competitiveness with other cities. -12 347 ❑ STRATEGIES WORKSESSIONS& OTHER MEETINGS By analyzing City-specific information derived from the GRIP database, MRC can assist the City by conducting interactive worksessions to facilitate strategic decision-making based on: o Interrelatedness of City's economic base & revenue structure o Identification & analysis of City's fiscal and economic SWOTS' o Exploration, development & prioritization of feasible strategies to improve the City's fiscal and economic stability o Consensus building In addition to facilitating strategies worksessions, MRC is also available to assist the City on an as-needed basis by participating in presentations, public hearings or other types of meetings with members of City staff or Council, the Chamber of Commerce, media, citizen advisory groups, committees, etc. ❑ ELECTRONIC MAPPING Ironically, the most important and dramatic use of GIS (Geographic Information system) mapping technology is not for maps, but for database management; data extraction by geographical area, mass updating of data, and presentation of information graphically. The extraction, analysis and presentation of GRIP database information can be significantly enhanced through MRC's proprietary, state-of-the-art digitizing system used in conjunction with the dynamic Atlas Graphics map system programs. By digitizing all parcels in the City, MRC's electronic mapping service will enable the City to access GRIP database information by area and present it on maps. MRC's mapping service will provide the City with the capability to extract, analyze and present other database information (in addition to GRIP) for a variety of GIs applications. ❑ SPECIAL ANALYSIS AND REPORTS Given the many possibilities for the use of GRIP information, MRC can assist the City in undertaking a variety of special analyses using GRIP data alone or in conjunction with other data sources. " Strengths, Weaknesses, Opportunities, Threats 13 8. COMPENSATION Efficiencies and savings are gained by MRC from the common tasks accomplished and data developed in providing the GRIP service in conjunction with REAP. Accordingly, MRC's compensation (including expense reimbursement) for implementing the Core GRIP service in conjunction with REAP is $25,000. The fee includes: ❑ Development and integration of the database ❑ Licensing, delivery and installation of the GRIP Query System • Training authorized staff in the use of the GRIP Query System • Furnishing an easy-to-use user manual • Preparing and delivering the initial GRIP Digest Thereafter, maximizing the efficiencies and savings gained from the common tasks accomplished and data developed in providing the GRIP service in conjunction with REAP, MRC's compensation (including expense reimbursement) shall be $1,500 per month, for as long as MRC continues to provide Core GRIP services to the City, which include: ❑ Continuous maintenance, updating and integration of the database and software support ❑ Delivery and installation of the quarterly updated GRIP Query System ❑ Training authorized staff (as needed) in the use of the Query System and user manual ❑ Preparing and delivering the quarterly updated GRIP Digests MRC's compensation for providing the initial and ongoing GRIP service is payable after the City has received the services being invoiced and has sufficient funds to cover the charges from a combination of accrued Audit Efficiency Credits (see Exhibit B, Section 5.1) and the City's share of new revenue produced from MRC's revenue enhancement audits. Invoicing and payment for providing the GRIP service is thus deferred until there is adequate revenue from a combination of MRC's Revenue Enhancement Audit Program and/or Audit Efficiency Credits to cover it. 14 8.1 OPTIONAL/ADDITIONAL GRIP SERVICES Should the City desire optional/additional GRIP services, such as those described above, MRC will only charge an additional fee if the City and MRC so agree in advance. The data elements required for the GRIP service are typically provided in a computer accessible format. Should we encounter a situation where this is not the case and the City decides to have MRC assume responsibility for conversion of data into a computer accessible format, MRC will only charge the City for actual cost reimbursement. In the event the City requires these or other optional/additional services that require an additional charge, MRC shall provide the City with a not-to-exceed budget in advance. MRC's compensation/cost reimbursement for the optional/additional services is also eligible for the self-funding program as previously described. 15 Attachment C-1 LICENSING AGREEMENT for GEOBASED REVENUE INFORMATION PROGRAM This Agreement is made at San Bernardino, California, as of 1996, by and between the City of San Bernardino, a municipal corporation (hereafter referred to as "City") and Municipal Resource Consultants (hereafter referred to as "MRC"), who agree as follows: 1. License. Subject to the terms and conditions set forth in this Agreement, MRC shall provide to the City, a license to use MRCs software, database and other property (hereafter referred to as "Property") as further described in Exhibit"C'_ MRC shall provide said Property at the time, place, and in the manner specified in Exhibit "C". MRC shall not be compensated for property outside the scope of Exhibit"C". 2. Restrictions. Said Property shall only be used by the City. The City shall not sublet, duplicate or modify said Property. Said Property may only be used for the purposes described in Exhibit "C'. Said Property shall be returned to MRC at the time the license expires. MRC may terminate the license, at its sole option, if City violates ally of the stated restrictions. The Property remains the sole and exclusive property of MRC. The license granted hereunder shall not imply ownership by City of said Property, rights of City to sell said Property or rights to use said Property for the benefits of others_ This license is transferable only with MRC's written consent. 3. Payment. City shall pay MRC for license rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit "C'. The payments specified in Exhibit "C" shall be the only payments to be made to MRC for license rendered pursuant to this agreement, unless the City approves additional Conipensation for additional property. MRC shall submit all billings for license rendered pursuant to this Agreement to City in the manner specified in Exhibit"C". 4. Exhibits. All Exhibits referred to herein are attached hereto and are by t)tis reference incorporated herein. 1 5. Proprietary Information. As used herein, the term "proprietary information", means any information which relates to internal controls, computer or data processing programs, data that has been modified by MRC proprietary techniques resulting in standardized, specifically correlated or integrated information, electronic data processing applications, routines, subroutines, techniques or systems, or business affairs and methods of operation or proposed methods of operation of MRC except such information which is not obtained through tluis Agreement or which is in the public domain at the time of its disclosure to the other party. City shall hold in confidence using levels of effort consistent with its own policies applicable to its confidential information and shall not disclose to any other party any MRC proprietary information(as such term is herein defined) which may be disclosed to City by MRC in connection with this Agreement or otherwise learned or obtained by City in connection with this Agreement. The parties further agree not to take any other action inconsistent with the confidential nature of MRC proprietary information. The obligations imposed by this Paragraph shall survive any expiration or termination of this Agreement This section shall not apply to any information that is public information. 6. Waiver. No waiver of any breach or failure or delay in exercising any right, power or remedy shall constitute a waiver of same or of any provision hereof and no waiver shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement of such waiver is sought. 7. Severability. The provisions of this Agreement are severable and the uneilforceability of any provision of this Agreement shall not affect the enforceability of this Agreement or any other provision hereof. In addition, in the event that any provision of this Agreement is determined by a court to be unenforceable as drafted, the parties acknowledge that it is their intention that such provision be construed in a manner designed to effectuate the purposes of such provision to the fullest extent enforceable under applicable law. 8. Taxes. City shall be responsible for the payment of any applicable taxes in connection with the Agreement, except for any tax based on MRC's net income_ 9. Governing. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. 7 10. Remedies Cumulative. All remedies in this Agreement are cumulative and in addition to and not in lieu of, any other remedies a party may have at law or in equity. 11. Entire Agreement. This Agreement and the Exhibits hereto, which is hereby incorporated herein by reference, shall constitute the entire agreement between City and MRC with respect to its subject matter, shall supersede all prior agreements and understandings, if any, between the parties respecting the subject matter hereof and may be modified only by written agreement of the parties. EXECUTED as of the day and year first above stated. CITY OF SAN BERNARDINO By: Title: Date: MUNICIPAL RESOURCE CONSULTANTS PARTNER: JOHN T. AUSTIN, INC. By: Title: President Date: March 13 1996 3 • yz . I EXHIBIT D r GENERAL PROVISIONS 1. Independent Contractor. At all times during the term of this Contract, Municipal Resource ConsuIaants (Consultant) shall be an Independent Contractor and shall not be an employee of the City of San Bernardino (City). City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement, however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement 2. Liabili . City shall not be called upon to assume any liability for direct payment of any salaries, wages, or other compensation to any Consultant personnel or subcontractor performing services hereunder for City, or any liability other than provided for in this Agreement City shall not be liable for compensation or indemnity to any Consultant employee or subcontractor for injury or sickness arising out of his/her employment, or for any negligent actions of the Consultant or its employees. All persons employed in the performance of such services and functions shall be employees of Consultant, and as such shall not, for any purposes, be considered employees of City and therefore shall have no right to any City service, civil service, or other City status. 3. Subcontracts. Any subcontracts entered into by Consultant.for services to be rendered towards the completion of Consultant's portion of this Agreement shall be for Consultant's benefit alone, and as such shall be its responsibility with no liability resting on the City. Consultant agrees to provide a list of all subcontractors to be used in connection with services to be rendered toward the completion of its portion of this Agreement to the City within ten (10)working days of execution of this Agreement. 51. Licenses, Permits, Etc. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at W-% sole cost and expense, keep ill effect or obtain at all times durM6 tiif� terin of this Agreerizent any licenses, permits, and approvals which are legally required for Consultant to practice his profession. GENERAL PROVISIONS PAGE 2 5. Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement Neither party shall be considered in default of this Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party. 6. Insurance. a. Public Liability__ During the tenon of this Agreement, Consultant shall maintain in full force and effect a policy of public liability insurance with minimum coverages as follows: $1,000,000 for injury to one person in any one occurrence; $1,000,000 aggregate, and, $50,000.00 for property damage. Consultant shall cause the City, its officials and employees to be napped on all liability policies described above as insured as respects: (1) activities performed for the City by or on behalf of the named insured, (2) products and completed operations of the Named Insured, and (3) premises owned, leased or used by the Named Insured. b. Worker's Compensation. During the term of this Agreement, Consultant shall fully comply with the terms of the law of California concerning worker's compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Consultant may have for worker's compensation. 7. Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 8. Assi nment Prohibited. No party to this Agreement may assign any right or obligation pursuant to this agreement. Any attempt of purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. y GENERAL PROVISIONS PAGE 3 9. Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform services pursuant to this Agreemen4 Consultant shall remove any such person immediately upon, receiving novice from City of the desire of City for the removal of such person or persons. 10. Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his/her profession. All products of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 11. Reports, Charts or Other Products. All reports, charts and other products resulting from the performance of this agreement are the property of the City. 12. City Representative. The City Manager or his/her designee is the representative of the City and will administer this Agreement for the City. 13. Termination. This Agreement may terminate on ten (10) days written notice by either party, or within such time as both parties may find necessary to conclude the work currently under way and to summarize Consultant's findings for City. 14. Indemnity and Hold Harmless. Consultant shall assume the defense of, and indemnify and save harmless, the City, its officers, employees, and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description including attorney's fees to which they may be subjected or put, by reason of, or resulting from, the performance of the work, which is caused in whole or in part by any negligent act or omission of the Consultant, and subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of there may be liable, whether or not it is caused in part by a party i;idrrnnifie(l lik�x�euuuler- 4 4 GENERAL PROVISIONS PAGE4 15. Waiver of Breach No waiver of the breach of any of the covenants, agreements, restrictions or conditions of this Agreement by any party hereto shall be construed to be a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement No delay or omission of any party hereto in exercising any right, power or remedy herein provided in the event of default shall be construed as a waiver thereof, or acquiescence therein, nor shall the acceptance of any payments made in a manner or at a time other than as herein provided be construed as a waiver of or variation in any of the terms of this Agreement 16. Whole and Entire Agreement This instrument contains the whole and entire agreement of the parties hereto and correctly sets forth the rights, duties and obligations of each to the others as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect 17. Equal Employment Opportunity: During the performance of this Agreement, Consultant, for itself, its assignees and successors in interest, agrees as follows: a. Compliance With Ferulations: Consultant shall comply with the Executive Order 11246 entitled "Equal Employment Opportunity": as labor regulations (41 C.F.R. Part 60), hereinafter referred to as the "Regulations." b. Nondiscrimination: Consultant, with regard to the work performed by it after award and prior to completion of the work pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment- C. Solicitation for Subcontractor, Including Procurements of Materials and Equipnien In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurements of materials or equipment, such potential subcontractor or supplier shall be notified by Consultant of Consultant's obligation under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex or national origins. yw. GENERAL PROVISIONS PAGE d. Information and Reports_: Consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the City and shall set forth what efforts it ha's made to obtain the information. e. Sanctions for Noncompliance: In the event of noncompliance by Consultant with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: (1) Withholding of payments to Consultant under the contract until Consultant complies; (2) Cancellation, termination, or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: Consultant shall include the provisions of paragraphs "a" through "e" in every subcontracts including Regulations, order, or instructions issued pursuant thereto. Consultant shall take such action with respect to any Regulations, order or instructions issued pursuant thereto. Consultant shall take such action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions, including sanctions for noncompiiarice; provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, Consudtant may request City to enter such litigation to protect the iilterests of the City. y�. GENERAL PROVISIONS PAGE 18. Legal Interpretations. For purposes of this Agreement the City Attorney's opizuon concerning the interpretation of local ordinances and the legal rights, duties and obligations of the City regarding collection of taxes under State and local law shall be controlling. 19. City's Determination Final. Whenever the City Council or a City Officer is empowered under State or local ordinance to make a determination as to whether or not a tax assessed against a taxpayer is due for purposes of this agreement that determination shall be final and binding on the parties hereto. 20. Confidentiality. Consultant agrees that it shall keep all information it receives concerning City taxpayers confidential and that it shall not use this inforulation for any purpose other than as expressly provided in this Agreement or otherwise expressly consented to by City. 21. Notices. Any notice to be given from one party to the other pursuant to this Agreement shall be deposited with the United States Postal Service postage prepaid and addressed as follows: To City: CrrY OF SAN BEIZNARDINO 300 North D Street San Bernardino, CA 92418 To Consultant: John Austin MUNICIPAL RESOLTRCE CONSULTANTS 32107 W. Lindero Canyon Road Suite 233 Westlake Village, CA 91361 Nothing in this Paragraph shall be construed to prevent the giving of notice by personal service.