HomeMy WebLinkAboutCCPD 2011-09-26 Agendas CITY OF NORTH RICHLAND HILLS
CRIME CONTROL & PREVENTION DISTRICT
• BOARD OF DIRECTORS AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, September 26, 2011
6:45 P.M.
Hard copies of the full Board of Directors of the North Richland Hills Crime Control &
Prevention District agenda information packet are accessible prior to every regularly scheduled
Monday Board meeting according to the following locations and schedule:
o City Hall on the day of the meeting
Additionally, the agenda packet is available for download from the City's web site at
www.nrhtx.com after 10 a.m. the day of every regularly scheduled Board of Directors of the
North Richland Hills Crime Control & Prevention District meeting.
A.1 Call to Order - Mayor Trevino
A.2 CCD 2011 -02 Authorize the Chief Operating Officer to execute a contract with
• MuniServices, LLC for Sales Tax Compliance Review Services
A.3 Adjournment
All items on the agenda are for discussion and /or action.
Certification
I do hereby certify that the above notice of meeting of the Board of Directors of the North
Richland Hills Crime Control & Prevention District was posted at City Hall, City of North
Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on September
23, 2011 at k 11.Q a.m. '
M b ,/ , • -sis an City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817 -427 -6060 for further
information.
The Board of Directors of the North Richland Hills Crime Control & Prevention District
may confer privately with its attorney to seek legal advice on any matter listed on the
agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551, Texas Government Code.
NRH
City of North Richland Hills
• Crime Control District
Board of Directors Agenda
North Richland Hills City Hall Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, September 26, 2011
6:45 P.M.
A.1 Call to Order - Mayor Trevino
A.2 CCD 2011 -02 Authorize the Chief Operating Officer to execute a contract with
MuniServices, LLC for Sales Tax Compliance Review Services
A.3 Adjournment
1
•
■RH
CRIME CONTROL DISTRICT
BOARD OF DIRECTORS MEMORANDUM
From: The Office of the City Manager Date: 9 -26 -2011
Subject: Agenda Item No. A.1
CaII to Order - Mayor Trevino
1
•
CRIME CONTROL DISTRICT
BOARD OF DIRECTORS MEMORANDUM
From: The Office of the City Manager Date: 9 -26 -2011
Subject: Agenda Item No. A.2
CCD 2011 -02 Authorize the Chief Operating Officer to execute a
contract with MuniServices, LLC for Sales Tax Compliance Review
Services
Presenter: Mark Mills, Budget Director
Summary:
The Crime Control and Prevention District Board is being asked to authorize the Chief
Operating Officer to execute a contract with MuniServices, LLC for Sales Tax
Compliance Review Services. The purpose of this agreement is to address perceived
anomalies in sales tax collections, identify businesses that are reporting in error and to
maximize the collection of sales tax due to North Richland Hills.
• General Description:
Over the course of the last year, staff has identified trends in sales tax collections
requiring further investigation. After an initial review of available data and multiple
discussions with the State Comptroller's Office, it was determined that a variety of
contributing factors existed. In order address these issues and maximize the collection
of sales tax due to the City, staff has investigated options for professional assistance. A
firm with a local presence was identified.
Headquartered in Fresno, California, MuniServices has been providing municipal
revenue enhancement services since 1978 and has been operating in Texas since
2001. They have conducted a variety of services for cities in North Texas, which
include Dallas, Arlington, McKinney, University Park and others. One service provided
by MuniServices is Sales and Use Tax Compliance Review. This service is designed to
assist a municipality by detecting, documenting, and correcting sales tax misallocations
thereby producing previously unrealized revenue and giving the municipality a more
accurate sales tax base on which to forecast its revenue.
In providing the Sales Tax Compliance Review service, MuniServices will determine
whether businesses are remitting sales and use tax correctly by reviewing payment data
made available to the City through the State Comptroller's Office. At the conclusion of
their analysis, MuniServices will work to resolve any potential issues identified by
contacting each taxpayer in order to confirm the nature of any questionable tax periods.
Documentation will be provided to businesses mistakenly reporting tax to other
jurisdictions to facilitate a correction. MuniServices will assist businesses, as
necessary, in filing returns and making payments for all open tax periods and will
provide documentation to the State to secure the transfer of funds to North Richland
Hills that were reported to another jurisdiction in error.
This service is provided on a contingency basis. MuniServices would receive 30% of
funds identified and due to North Richland Hills and remitted by the Comptroller for
amounts going back four years. Once the filing information has been corrected,
MuniServices would receive 30% of future sales and use tax remittance from those
businesses for eight (8) quarters. This fee is based on 30% of funds that the City of
North Richland Hills would not have otherwise received.
Recommendation:
Authorize the Chief Operating Officer to execute a contract with MuniServices, LLC for
Sales Tax Compliance Review Services.
•
s
•
MuniServices, LLC Services Agreement •
1. Us.
We are MuniServices, LLC, a Delaware limited North Richland Hills Crime Control District
liability company, and a wholly owned Attn: Mark Mills
subsidiary of Portfolio Recovery Associates, Budget & Research Director
Inc.; with an office at 7335 N. Palm Bluffs 7301 N.E. Loop 820
Avenue, Fresno, California 93711. In this North Richland Hills, TX 76180
Agreement we are referred to as Email: 1ttmillsPnrlttx.com
"MuniServices" or "we ", "our", "us. We use our Facsimile: 817.427.6151
sister company, RDS, to assist us with work.
So when we are referred to in this Agreement, 3. Our Services and your payment.
we also mean us and our affiliates, and parent We will provide you with the services listed in
company. Sometimes we will refer to you and Attachment 1 (the "Services "). You will pay us
us as the "Parties." the fees listed in that same Attachment. If we
are providing more than one Service, each
If you need to contact us a short list of helpful service will have an separate attachment and
contacts is attached as Attachment 3. If you will be labeled Attachment 1 -1, 1 -2, etc.
are sending us a notice required by this
Agreement, send it to: 4. What our Services do not include.
We do not provide to you or any third- parties
MuniServices, LLC any legal advice or services. We also do not
Attn: Legal Department provide tax advice to you or third parties. Also
7335 N. Palm Bluffs Avenue we cannot and therefore do not establish: the
Fresno, CA 93711 tax rates due from taxpayers; and the
• Email: JeealOmuniservices.com
Facsimile: 559.312.2957 penalties and fees that are assessed against
taxpayers (though we will calculate these
amounts for you as part of the Services once
When providing notice to us, you must also you have established the rates). We also do
provide a copy of the notice to: PRA General not determine either the amount of refunds or
Counsel, 120 Corporate Blvd., Suite 100, the proper government account(s) that
Norfolk, VA 23502. All notices, including taxpayer receipts shall be deposited into.
notices of address changes, provided under
this Agreement are deemed received on the 5. Term of this Agreement.
third day after mailing if sent by regular mail, The term of this Agreement begins on
or the next day if sent overnight delivery. We , 2011 (the "Effective
do not accept notices by email or facsimile. Date ") and continues for a period of one -year
Notice of rate changes or distribution changes from the Effective Date. Thereafter the
must be sent by certified mail. Municipality shall have the option to renew
the term of this Agreement for two successive
2. You. one -year periods by written notice. There are
You are the City of North Richland Hills Crime some other ways this Agreement can end and
Control District. You are a municipal those are found in Article I of the General
corporation of the State of Texas. In this Provisions, Attachment 2.
Agreement we will refer to you as "you ",
"your", "yours". If we are sending you a notice
required by this Agreement, we will send it to:
No. Richland Hills CCD - SUTA 091911 1
•
•
6. General Provisions.
The parties are also bound by the General Provisions as set forth in Attachment 2 of this Agreement,
which are by this reference incorporated into this Agreement. If something in this Agreement
contradicts the General Provisions, then what is said in this Agreement governs rather than the
General Provisions.
The Parties are signing this Agreement on the Effective Date indicated in Section 5 above.
MuniServices, LLC City of North Richland Hills
Crime Control District
By:n. By:
Marc Herman Mark Hindman
Title: President Title: Chief Operating Officer
ATTEST:
By: L
Pdt Jensen City Secretary
Title:. Client Services
APPROVED AS TO FORM
City Attorney
No. Richland Hills CCD - SUTA 091911 2
•
i
ATTACHMENT 1
Standard Sales Tax Compliance Review
Article 1- Objectives and Methods
MuniServices' Standard Sales Tax Compliance Review is designed to assist Municipality with economic
forecasting and in preserving and enhancing its sales and use tax revenues by detecting, documenting,
and correcting sales tax misallocations thereby producing previously unrealized revenue for
Municipality while giving the Municipality a more accurate sales tax base upon which to forecast its
revenue.
Article 2 -Scope of Work
Procedures
In providing the Standard Sales Tax Compliance Review MuniServices shall:
• Meet with Municipality's designated staff to review service objectives, scope, procedures,
coordination of effort, work plan schedule, public relations, and logistical matters.
• Establish an appropriate liaison with the Municipality's coordinator and define logical
checkpoints for reviewing progress.
• Review the Municipality's sales and use tax ordinances for included provisions, coverage, and
classification definitions.
• Provide and maintain compliance with the Municipality's sales and use taxes by:
• Determining whether the business is remitting the sales and use tax due the Municipality to the
state correctly. Specifically, MuniServices shall make this determination by reviewing the
payment data available to the Municipality from the Comptroller's Office and generating three
main reports to be used for generating the leads:
o Top 100 Report - The top 100 sales tax revenue generating businesses in the
Municipality complete with payment history.
o Significant Anomalies Report - A customizable report designed to discover monthly
sales tax anomalies, based on preset dollar value thresholds, that may have been
skipped, underreported, or misallocated to an incorrect jurisdiction.
o Negative Fund Transfers Report - A report that will track all occurrences of a
business filing a refund, amended return, prepaid tax credit, state audit, or an
incorrect misallocation.
• Having a MuniServices' sales & use tax analyst resolve all leads generated from these 3 reports
by contacting each taxpayer in order to confirm the nature of any questionable tax periods.
• Performing physical canvassing to ensure the accuracy of businesses that have nexus within the
Municipality limit.
• Providing documentation to businesses mistakenly reporting the tax to another jurisdiction to
facilitate a correction of the registration information. Assist the business, as necessary, in filing
of returns and making payments for all open tax periods. Provide documentation to the state to
secure the transfer of funds to the Municipality that was reported in error to another
jurisdiction.
No. Richland Nills CCD - SUTA 091911 1
•
Article 3- Deliverables
Progress Reports
MuniServices will provide periodic progress reports to Municipality in the form of status updates. These
progress reports will also indicate areas in which Municipality staff may further assist and improve the
sales tax compliance review activities provided hereunder. MuniServices' progress reports will identify
errors /omissions detected, documented and corrected and report on other services of benefit to
Municipality for the time period covered.
Article 4- Compensation
What the Municipality will pay MuniServices
In exchange for MuniServices performing the work indicated above, the Municipality will pay
MuniServices as follows:
MuniServices fee for providing this service is a 30% contingency fee based on the revenue received by
the Municipality as a result of MuniServices detecting and documenting taxpayer reporting errors which
are subsequently corrected. The 30% applies to all revenues corrected for the Municipality for any
periods prior to the date of the corrected allocation. The 30% fee also applies to revenues received for
the first eight consecutive reporting quarters following correction of the errors and confirmation of
receipt of revenue by the Municipality.
MuniServices will invoice Municipality within 10 days of notification by the Comptroller of payments
(cash payments, installment payments, or other compensation directly benefiting the Municipality)
resulting from MuniServices' service. Invoices are due and payable upon receipt.
All expenses incurred by MuniServices in providing the Sales Tax Compliance Review are the sole and
• exclusive responsibility of MuniServices, except those expenses that receive prior written approval of
Municipality.
Identified Accounts
Unless otherwise agreed in writing between the Parties with the same formality as this Agreement, for
Identified Accounts as set forth in Article 5 below, MuniServices is not entitled to compensation and is
not responsible for or obligated to take any action that needs to be performed to obtain correct
allocation of any Identified Accounts.
Additional Consulting
Municipality may request that MuniServices provide additional consulting services at any time during
the term of this Agreement. If MuniServices and Municipality agree on the scope of the additional
consulting services requested, then MuniServices shall provide the additional consulting on a Time and
Materials basis. Depending on the personnel assigned to perform the work, standard hourly rates range
from $75 per hour to $300 per hour. These additional consulting services will be invoiced at least
monthly based on actual time and expenses incurred.
Article 5 - Municipality Obligations
Municipality shall assist MuniServices by providing necessary information and assistance to include, but
not be limited to, the following:
No. Richlond Hilis CCD - SUTA 091911 2
•
• Providing MuniServices, on a timely basis, information necessary to conduct its compliance
review activities including but not limited to monthly tax payment histories.
• Providing a letter of authorization identifying MuniServices as an authorized agent of
Municipality to perform sales and use tax reviews and to receive and examine taxpayer records
(hard copy and electronic) necessary to assure sales and use tax compliance and revenue
forecasts.
• Pursue in good faith corrective action on errors and omissions detected by MuniServices.
• Issue necessary documentation to the state to correct errors validated by MuniServices.
• Notify MuniServices within 10 days following receipt by the Municipalityof payments (cash
payments, installment payments, or other compensation directly benefiting the Municipality).
The parties agree that Municipality and /or the State Comptroller retain exclusive authority and
responsibility to administer, interpret and enforce the Municipality's sales and use tax, recognizing that
MuniServices' role is limited to employing its unique expertise and proprietary tools for: i) detecting and
documenting errors /omissions by taxpayers in the application, calculation, collection, and /or
remittance of sales and use taxes and, 11) providing Municipality with technical assistance, without
assuming or being delegated the authority or responsibility of Municipality to administer, interpret, and
enforce its sales and use taxes.
Prior to the initiation of the services and at any time during the services, the Municipality shall provide
MuniServices with a list of all taxpayer accounts that the Municipality has reviewed to identify
misallocations of sales and use taxes ( "Identified Accounts "). At the time Municipality identifies such
misallocations, it will notify MuniServices by providing a written copy of the Identified Accounts. Then
MuniServices will have ten (10) days to present documentation to Municipality proving that it had
identified the issue prior to Municipality's claim. If this documentation is not provided, Municipality will
not be responsible for compensating MuniServices for the identified reporting Issue and MuniServices is
not responsible for taking any further action on any Identified Accounts.
Article 6 - Completion of Services
Notwithstanding anything else in this Agreement to the contrary, the Municipality will pay MuniServices
per the terms of this Agreement for services begun before termination or expiration of the Agreement
even if the monies are received after termination or expiration. MuniServices will provide Municipality
with a list of accounts submitted but not yet corrected as of the expiration or termination within a
reasonable time after the expiration or termination ( "completion list"). MuniServices is allowed to
continue worldng those accounts on the completion list for a reasonable time to obtain a correction.
No. Richland Hills CCD - SUTA 091911 3
•
•
ATTACHMENT 2
General Provisions
Article I
Within 5 business days after signing You will designate, in writing, one individual to whom we may address
this agreement communications concerning this Agreement. This person or such person's
designee will be the principal point of contact for us in obtaining decisions,
information, approvals, and acceptances.
10 business days after you receive You have until this date to dispute in the invoice, or a portion of it, in writing.
our invoice. Your written dispute must be post- marked by this date and must be sent to the
addresses in paragraph 1 of the Agreement. (Paragraph 1 is located on the front
page of the agreement and is titled "Us ")
10 business days after we receive We will either correct the error or explain to you why we think the invoice is
your written notice that you dispute correct. During this time, we will not tty to collect the amount being disputed
an invoice or part of an invoice.
30 days after receiving our invoice. You must pay our invoice(s) by this date. If you do not pay by that time, we have
the right to charge you interest at the rate of one and one -half percent (1.5 %) per
month, or the maximum amount permitted by law, on any amounts you do not
pay within thirty days. If we refer your account to an attorney for collection of
past due amounts, we may charge you for our reasonable attorney fees, including
costs for attorneys who are employed by us, and court costs incurred by us to the
extent permitted by law. Any settlement of your account balance for less than
what is owed requires our written consent.
40 days after receiving our invoice If you have not paid, and have not disputed an invoice as provided above, then we
may terminate this Agreement with no further notice and we have no further
obligation to you.
When you provide us with By providing us information, you represent that:
information for use in the Services. • you have the right to provide us the information without violating the
• rights of third- parties;
• your release of the information to us does not violate any applicable laws
and regulations; and
• to the best of your knowledge the information is accurate and not
defamatory.
You will notify us immediately if there is a change in the information you have
provided to us.
If we send you a report or other You will review all reports we provide to you in a timely fashion and you will
deliverable. notify us immediately if you find a dtscrepancy in any of the information we have
provided to you. Upon payment therefore, we will grant you all right, title, and
interest in and to the reports, charts, graphs, and other deliverables we are
required to produce under this Agreement.
While the Agreement is effective. We will keep in full force and effect insurance coverage during the term of this
Agreement including without limitation statutory workers' compensation
insurance; employer's liability and commercial general liability insurance;
comprehensive automobile liability insurance; professional liability and fidelity
insurance. You may at any time request copies of our certificates.
90 -days after prior written notice. This Agreement terminates for convenience but only if the terminating party
sends the notice to the person designated to receive notices under this
Agreement (see paragraph 1 or 2, as applicable, of this Agreement).
Att 2
•
After giving written notice of a breach The non - breaching party may immediately terminate this Agreement if:
other than a failure to pay. • the written notice of the breach was sent to the person designated to
receive notices for the breaching party under this Agreement (see
paragraph 1 or 2, as applicable, of this Agreement); and the breach is not
your failure to pay (that situation is addressed separately below.); and
• the breach has not been cured in a reasonable time after the breaching
party received notice.
Ordinarily, 30 days will be a reasonable time to cure the breach but if the party
receiving notice of the breach can demonstrate that the breach will take more
than 30 days to cure, the non - breaching party and breaching party will agree on
an extended period to cure the breach.
After the occurrence of a "financial A party may terminate this Agreement immediately if the other party experiences
default" a "financial default." A "financial default" means:
• a material adverse change in a party's financial condition that adversely
affects its ability to perform hereunder, or
• a party becomes or is declared insolvent or bankrupt; or
• a party is the subject of any proceedings relating to liquidation or
insolvency or for the appointment of a receiver; or
• a party makes an assignment for the benefit of all or substantially all of
its creditors; or
• a party enters into an agreement for the composition, extension, or
readjustment of all or substantially all of its obligations.
If you experience a "financial default" then we may, at our option, declare the
entire outstanding amounts and costs owing to us hereunder immediately due
and payable.
This Agreement is terminated or You remain obligated to: (1) pay us for Services performed through the effective
expires. date of the termination or expiration; (2) if applicable, provide us with all the
information necessary for us to calculate what you owe us on revenue you receive
after the termination or expiration; and (3) if applicable pay invoices we send you
after the expiration or termination of this Agreement for Services performed
before termination or expiration or for continuing payments required by the
• Scope of Work or for both.
Att 2 2
•
•
Article II. The parties also agree to the following miscellaneous terms.
1. Independent Contractor. We are an independent 8. Public Release and Statements. Neither you nor we nor
contractor. Nothing in this Agreement is to be each of our representatives or agents shall
interpreted as: creating the relationship of employer disseminate any oral or written advertisement,
and employee between you and us or between you endorsement or other marketing material relating to
and any of our employees or agents; or creating a each other's activities under this Agreement without
partnership or joint venture between you and us. We the prior written approval of the other Party. No
are responsible for any subcontractors we use in Party or its agent will use the name, mark or logo of
performing Services for you and we are solely the other Party in any advertisement or printed
responsible to pay those subcontractors. We may solicitation without first having prior written approval
perform similar services for others during this of the other Party. The Parties shall take reasonable
Agreement and you agree that our representation of efforts to ensure that its Subcontractors shall not
other government sector clients is not a conflict of disseminate any oral or written advertisement,
Interest. endorsement or other marketing materials
referencing or relating to the other Party without that
2. Compliance with Laws. The parties agree to comply Party's prior written approval. In addition, the Parties
with all applicable local, state and federal laws and agree that their contracts with all Subcontractors will
regulations during the term of this Agreement. include appropriate provisions to ensure compliance
with the restrictions of this Section.
3. Intellectual Property. We retain all right, title, and
interest in and to the processes, procedures, models, 9. Entire Agreement. This Agreement is the entire
inventions, software, ideas, know -how, and any and all Agreement between us and you for the Service(s).
other patentable or copyrightable material used, This Agreement supersedes and replaces any prior
developed, or reduced to practice in the performance Agreements, of whatever kind or nature, for the
of Agreement. Service(s) Any prior Agreements, discussions, or
representations not expressly set forth in this
4. Waiver. Either party's failure to insist upon strict Agreement are of no force or effect. No additional
performance of any provision of this Agreement are terms, Purchase Order Terms and Conditions, or oral
not to be construed as a waiver of that or any other of or written representations of any kind are of any force
a party's rights under this Agreement at any later date and effect unless in writing and signed with the same
or time. formality as this Agreement
• 5. Force Majeure. Neither party is liable for failing to 10. No Oral Modification. No modification of this
perform its obligations hereunder (other than Agreement is effective unless set forth in writing and
payment obligations) where performance is delayed or signed with the same formality as this Agreement.
hindered by war, riots, embargoes, strikes or acts of its
vendors or suppliers, accidents, acts of God, or any 11. Invalidity. If any provision of this Agreement is
other event beyond its reasonable control. determined to be invalid, illegal, or unenforceable, the
remaining provisions of this Agreement remain in full
6. Counterparts. This Agreement may be signed in force, if the essential provisions of this Agreement for
separate counterparts including facsimile copies. Each each party remain valid, binding, and enforceable.
counterpart (including facsimile copies) is deemed an
original and all counterparts are deemed on and the 12. Construction. This Agreement is to be construed in
same instrument and legally binding on the parties. accordance with the laws of the State of Texas without
regard to its conflict of laws principals.
7. Assignment. MuniServices may assign this Agreement,
in whole or in part, without your consent to any 13. Headings. The section headings herein are for
corporation or entity into which or with which convenience and reference purposes only and are not
MuniServices has merged or consolidated; any parent, to serve as a basis for construction or interpretation.
subsidiary, successor or affiliated corporation of
MuniServices; or any corporation or entity which
acquires all or substantially all of the assets of
MuniServices. Subject to the foregoing, this Agreement
shall be binding upon and inure to the benefit of the
parties and their successors or assigns.
Att2 3
•
Attachment 3
MuniServices Helpful Contacts
Contact Project Role Phone Email
Brenda Anderson Client Services Rep. 817.771.4066 brenda.anderson@muniservices.com
Lisa Broussard VP Client Services Central 713.459.5079 1} sabroussat'dett}uniservices.com
Janis Varney VP Misallocation - SUTA 559.271.3011 lanis.vurnev@muniservices.com
Kirk Dimery SUTA Production Analyst 559.271.6836 kirk.dimerv(a),muniservices.com
Billing Department 559.271.6946 rillinrOmuniservices.cont
Patricia A. Dunn Contract Department 559.271.6852 natricia.dunn@muniservices.cor
•
•
N R.H
CRIME CONTROL DISTRICT
BOARD OF DIRECTORS MEMORANDUM
From: The Office of the City Manager Date: 9 -26 -2011
Subject: Agenda Item No. A.3
Adjournment
•