HomeMy WebLinkAboutRES 12-246 RESOLUTION NO. 12-246
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an annual services
agreement,with an automatic renewal for successive one-year terms with termination upon
a ninety(90)day notice by either party, substantially in the form attached hereto as Exhibit
"A," with MuniServices, LLC, of Fresno, California, for Hotel Occupancy Tax (HOT)
administration and client review services, sales tax compliance review services, and the
quarterly Sales Tax Analysis & Reporting Services (STARS) Package.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
October, 2012.
Wyor Becky Ames -
MuuiServices,LLC Services Agreement
1. Us.
We are MuniServices,LLC,a Delaware limited. City of Beaumont
liability company,and a wholly owned Attn:Laura Clark,CFO
subsidiary of Portfolio Recovery Associates,Inc.; FOB 3827
with an office at 7335 N.Palm Bluffs Avenue, Beaumont,TX 77704
Fresno,California 93711. In this Agreement we Email:lclark(cDcl.beaumont.u.us
are referred to as"MuniServices"or"we","our.'', Facsimile:409.880.3132
"us. We use our sister company,RDS,to assist
us with work. Sometimes we will refer to you 3. Our Services and your payment.
and us as the"Parties." We will provide you with the services listed in
Attachment I (the"Services"). You will pay us
If you need to contact us a short list of helpfirl the fees listed in that same Attachment. If we are
contacts is attached as Attachment 3.1f you are providing more than one Service,each service
sending us a notice required by this Agreement, will have a separate attachment and will be
send it to: labeled Attachment 1-1, 1-2,etc.
MuniServices,LLC 4. What our Services do not include.
Attu:Legal Department We do not provide to you or any third-parties any
7335 N.Palm Bluffs Avenue legal advice or services. We also do not provide
Fresno,CA 93711 tax advice to you or third parties.Also we cannot
Email:legal AmuntseMces.com and therefore do not establish:the tax rates due
Facsimile:559.312.2957 from taxpayers;and the penalties and fees that
are assessed against taxpayers(though we will
When providing notice to us,you must also calculate these amounts for you as part of the
provide a copy of the notice to:PRA Creneral Services once you have established the rates).
Counsel, 120 Corporate Blvd.,Suite 100, We also do not determine either the amount of
Norfolk,VA 23502. All notices,including refunds or the proper government account(s)that
notices of address changes,provided under this taxpayer receipts shall be deposited into.
Agreement are deemed received on the third day
after mailing if sent by regular mail,or the next S. 'Terre of this Agreement.
day if sent overnight delivery.We do not accept The term of this Agreement begins on
notices by email or facsimile,Notice of rate
changes or distribution changes must be sent by 2012(the"Effective Date")and continues for a
certified mail. period of one-year from the Effective Date.
Thereafter this Agreement will automatically
2. You. renew for successive one-year teens(each a
You are the City of Beaumont. You are a "Renewal Term's unless either party notifies the
municipal corporation of the State of Texas. In other in writing of its intent not to renew 90 days
this Agreement we will refer to you as"you", prior to the end of the initial term or any Renewal
"your","yours". if we are sending you a notice Term. There are some other ways this
required by this Agreement,we will send it to: Agreement can end and those are found in Article
I of the General Provisions,Attachment 2.
lreaumont TX-SUTA,STARS 80T Audlt/Admrn 010612 1
EXHIBIT "A"
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]affective Date indicated in Section 5 above.
MuniServices,LLC City of Beaumont
a Municipal Corporation
J
1
Marc I erman
Title: President Title:
A'T'TEST:
By:
g Jensen City Clerk
Title: Client Services
Beaumont,TX-SVTA,STARS,HOTAudit/Admru 010612 2
i
f
ATTACHMENT
Sales Tax Compliance Review E!
Article 1 Objectives and Methods
E
MuniServices' Sales Tax Compliance Review is designed to assist City with economic forecasting and in preserving and
enhancing its sales and use tax revenues by detecting,documenting,and correcting sales tax misallocation thereby producing i
previously unrealized revenue for City while giving the City a more accurate sales tax base upon which to forecast its revenue.
Article 2-Scope of Work
In providing the Standard Sales Tax Compliance Review MuniServices shall:
• Meet with City'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 City's coordinator rid define logical checkpoints for reviewing progress.
• Review the City's sales and use tax ordinances for included provisions,coverage,and classification definitions.
• Provide and maintain compliance with the City's sales and use taxes by:
• Determining whether the business is remitting the sales and use tax due the City to the state correctly.
Specifically,MmriServices shall make this determination by reviewing the payment data available to the City
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 City 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 City lint.
• 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 retums and making
payments for all open tax periods. Provide documentation to the state to secure the transfer of funds to the
City that was reported in error to another jurisdiction.
Article 3-Deliverables
Progress Reports
MuniServices will provide periodic progress reports to City in the form of status updates. These progress reports will also
indicate areas in which City 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 City for the time period covered.
Article 4-Compensation
What the City will pay MunlServices
In exchange for MuniServices performing the work indicated above,the City will pay MuniServices as follows:
MuniServices fee for providing this service is it 35% contingency fee based on the revenue received by the City as a result of
MuniServices detecting and documenting taxpayer reporting errors which are subsequently corrected. The 35%applies to all
revenues corrected for the City for any periods prior to the date of the corrected allocation. The 35% fee also applies to
Beuumonw TX SUTA010512 1
revenues received for the first eight consecutive reporting quarters following correction of the errors and confirmation of receipt
Of revenue by the City.
City agrees to notify MuniServices within 10 days following receipt by the City of payments (cash payments, installment
payments, or other compensation directly benefiting the City)resulting from MuniServices' service. Upon being notified of
receipt of payment(s),MuniServices will then invoice the City. 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.City.
Additional Consulting
City may request that MuniServices provide additional consulting services at any time during the term of this Agreement. if
MuniServices and City agree on the scope of the additional consulting services requested,then MuniServices shall provide the
additional consulting on a'T'ime 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—City Obligations
City shall assist MuniServices by providing necessary information and assistance to include, but not be limited to, the
following;
• 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 City 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 Cityof payments (cash payments, installment
payments,or other compensation directly benefiting the City).
The parties agree that City and/or the State Comptroller retain exclusive authority and responsibility to administer,interpret and
enforce the City'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, ii)providing City with technical assistance,without assuming or being delegated
the authority or responsibility of City to administer,interpret,and enforce its sales and use taxes.
Article G—Completion of Services
Notwithstanding anything else in this Agreement to the contrary, the City 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 alter
termination or expiration. MuniServices will provide City 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 working those accounts on die completion list for a reasonable time to obtain a correction.
Beaumon4 f%SUTA010512 2
TML ATTACHMENT 1-2 NIL
a
l.r.»rcr•
T X..A $ Sales/Use Tax Analysis&Reporting Service Package(STARS)
n°i-i'�:�3.11-111'X_
Article 1-Objectives and Methods
MuniServices STARS Digest provides a specific analysis of the City's sales tax composition,changes and performance.
The STARS Digest graphically illustrates the City sales tax analysis. The MuniServices STARS Digest also includes
specialized reports that provide analysis of the City's sales tax economic base and performance for the latest complete
quarter and benchmark year. The STARS Digest also includes sales tax revenue projection for the balance of the current
fiscal year and the following fiscal year.
Article 2-Scope of Work
1. Quarterly Stars Digest. MuniServices shall provide the City with quarterly updated STARS Digests. MuniServices
will provide one paper,bound copy of the quarterly STARS Digest and one electronic copy of the quarterly STARS
Digest on CD. City may request additional paper,bound copies of the STA16 Digests in accordance with the terms
in Section 1.3 of the Compensation section.
1.1 Contents. The quarterly STARS Digest contains the following reports,subject to the availability of Data:.
• Historical Collections Analysis-Components of allocation payments by payment activity.
• Top 100 Historical - Iistorical performance of the top 100 accounts comparing current benchmark year
ranking and sales tax produced with that of prior years.
• Top 100 Detail—Sales tax performance of the City's top 100 sales tax accounts is shown in order of sales tax
produced with the results for the most recent five quarters prominently displayed. The proportion of City
sales tax produced is also shown by each account.
• Economic Category Performance— An analysis of the changes that occurred by economic category and
segment with the specific businesses responsible for the significant changes delineated.
• Business Classification Code-This report shows the business classification codes assigned by MuniServices
based on the NAICS codes provided by the State Comptroller and the accounts assigned those codes in order
of sales tax produced. Five quarters of sales tax data are shown for each significant account.
• Historical Economic Composition - Data are summarized by economic category and segment by quarters
and benchmark years. Percentage of total sales tax generated by each category and segment is also shown to
indicate trends in sales taut composition as well as performance.
• Cross-Reference Reports-These reports allow the user to look up any of the significant accounts shown in
the STARS Digest by name or address.
• Geo-Area Reports (optional)—This report tracks sales tax performance within designated geo-areas of the
City (e.g.,key shopping centers,business parks, and downtown/business districts,etc.). Charts and printed
reports are included for each geo-area. The City may designate geo-areas and include the Geo=Area Reports
in the STARS report for the fee set forth in the compensation section. This report is contingent upon the City
providing MuniServices with the geo area address ranges in electronic format that meets the following
requirements:
■ XLS,DBF,or Comma Delimited Formats per MuniServices requirements;
■ and the components of the address range per MuniServices requirements.
(Please contact MuniServices for the details of the above requirements.)
To provide the optional Gen-Area reports, MuniServices will standardize the street names in the
permit file by:
o Parsing the addresses to the United States Postal Service(USPS)standard.
o Comparing the parsed addresses to the Texas' USPS file for standardization and manually
verifying it.
MuniServices is not responsible for verifying the accuracy of the addresses in the permit file.
8eaurrroa4 TX-STARS pkg.rev 091812 1
All of the reports in this paragraph(1.1)provide data that are based on the date on which the transaction j
took place and not on the date on which the payment was transferred to the City.
1.2 Excluded businesses. The STARS Digest does not include any information on taxpayers that is not provided
by tie State Comptroller to the City.
1.3 Accuracy. The STARS Digest relies on information provided by the State of Texas Comptroller's Office
("State Comptroller"). MuniServices has no obligation to verify the data provided by the State Comptroller.
Only if City elects to receive the Geo area reports will MuniServices clean or standardize the data received
from the State Comptroller. MuniServices may also rely on information provided by third parties. City
acknowledges that MuniServices has no obligation to verify, remove redundancies, or otherwise clean or
standardize the information provided by third parties.
1.4 Timing. MuniServices obligation to provide the STARS Digest is conditioned on City's delivery of required
signed documentation to the MuniServices to access the proper data from the State of Texas Comptroller's
Office.
1.5 License of Electronic Version. MuniServices hereby grants City a non-exclusive license to print unlimited,
copies of the STARS Digest from the electronic copy of the STARS digest,if:
• the copies are for integral City use only;and
• the copies do not remove the confidentiality statements contained in the reports.
2. Business Classifications and Business Naives Standardization(optional). If City elects in writing to receive
this service,and if the parties mutually agree in writing on the price, MuniServices will standardize the business
classification codes and business names in the permit file for major accounts through the computer matching
process, augmented with verification by calling taxpayers directly. After this standardization process, all the
basic reports should display the standardized names and classifications.
3. Monthly Cash Report(MCR). The MCR is a monthly report that details the cash portion of sales tax data. The
three reports that make up the MCR are sales tax permit summary, business classification summary, and a
comparison of the current quarter year compared to same quarter last year. This report is most often paired with
the Sales Tax Analysis &Reporting Service to create a comprehensive overview to keep clients'up-to-date on the
performance of businesses in the area.
3.1 Sales Tax Permit Summary
3.1.1 Identifies and categorizes changes by economic category,segment and major businesses
3.1.2 Bxplains current trends,counter-trend perfomiance and major business changes in an easy-to-read
format
3.1.3 Delivered as in printable format
3.1.4 Confidential report
3.2 Business Classification Summary
3.2.1 An up-to-24-month analysis report showing historical performance and comparisons for major
businesses
3.2.2 Distinguishes between changes in List Filers and Local Filers in every business grouping
3.2.3 Delivered as a spreadsheet grid for client's internal analysis
3.2.4 Confidential report
. 3.3 Cash Analysis by Business Groupings
3.3.1 An up-to-24-month analysis report showing historical performance and comparisons for business
groupings
3.3.2 Identifies expected trend and counter.-trend performance in every business grouping
3.3.3 Distinguishes between changes in List Filers and Local Filers in every business grouping
33.4 Delivered as a spreadsheet grid for client's internal analysis
3.3.5 Confidential report
Reaumon4 TX-STARS pkg.rev 091812 2
4. Sales Tax Forecasting. MuniServices provides a two-to-five year forecast to its clients every quarter. By
updating the forecast quarterly,MuniServices delivers reliable,timely projections.Forecasts include:
4.1 Summary Page
4.1.1 Chart identifying historical sales tax and projected sales tax for pessimistic,most likely and optimistic
scenarios.
4.1.2 Table identifying historical,current and future growth rates by scenario.
4.2 Detail Page for Each Fiscal Year
4.2.1 Identifies changes by economic category and segment .
4.2.2 Identifies potential threats of sales tax loss
4.2.3 Identifies projected sales tax from businesses opening in the future
4.2.4 Accounts for abnormal variations in cash flow
4.2.5 Projects sales tax by scenario
4.2.6 Identifies total fiscal year sales tax depending on the final month in the Client's fiscal year(accrual
scenarios)
4.3 Cash Flow
4.3.1 Identifies historical,current and future monthly cash flows by cash payment component.
4.3.2 Components include gross payment,amounts reserved at State,administration fees,net payment,etc.
In preparing the forecast, MuniServices analyzes and adjusts all major business accounts in accordance with
market trends, individual business knowledge, expected corrections and changes in threats fiom business
competitors or State law changes.
The bottom-up approach allows MuniServices to account for individual business changes while also accounting
for changes in the local,regional,state,national and world economies.
Article 3-Deliverables
Quarterly Stars Digest.MuniServices shall provide the City with quarterly updated STARS Digests. MuniServices will
provide one paper,bound copy of the quarterly STARS Digest and one electronic copy of the quarterly STARS Digest on
CD. City may request additional paper,bound copies of the STARS Digests in accordance with the terms in Section 1.3
of the Compensation section.
Support Service. Included with the STARS Digest,MuniServices will provide the City with a maximum of 2 hours per
quarter of telephonic STARS Digest support. Telephonic STARS Digest support consists of teleconferences with a
MuniServices representative who will explain the STARS Digest and answer questions about the STARS Digest.
Monthly Cash Report.Included with the STARS package is a Monthly Cash Report(M.CR)that will be provided.to the
City by email within 5 business days after the end of each month or receipt of the data from the state.The historical length
of the report depends on history available from the Texas State Comptroller.
Sales 'Tax Forecast. hxcluded with the STARS package is a 3-year forecast based upon previous current economic
conditions and trends.
Two Geo Area Reports.Included with the STARS package will be two Geo Area Report.The City may designate the
Geo areas to be included in the Geo Area Reports.
Beaumont,7X•STARS jolty.rev 091812 3
i
Article 4-Compensation I'
1.1 Annual fee. For die STARS Digest,City shall pay MuniServices an annual fixed fee of$13,000 per year("annual
fee"). City shall pay the mutual fee in four equal quarterly payments of$3,250. Included in the annual fee are the
Quarterly STARS Digest,the Monthly Cash Repoit,the Sales Tax Forecast,plus two Geo Area Reports.
MuniServices will invoice the quarterly payments on the first month of each calendar quarter.The City shall pay the
quarterly payment even if MuniServices does not provide a STARS Digest for a quarter because of State of Texas
Comptroller's Office's failure to provide data. If this addendum(or the Agreement)is terminated for any reason,then
the City remains obligated to pay MuniServices the quarterly payments of the annual fee for the quarters before the
effective date of termination and for one quarter.after the effective date of termination.
1.2 Geo Area reports.Upon City's request,MuniServices will provide additional Geo Area reports for a one-time set-up
fee of$1,000 per geo area and$500 annual fee per Geo Area. At any time,the City may request changes in the geo
areas for an additional one-time fee of $500 per Geo Area. If the addresses in the permit file have not been
standardized thru MuniServices expanded SUTA service, City shall pay an additional one-tune setup fee of$750 for s
address standardization, i
1.3 Additional Copies.MuniServices shall provide City additional paper,bound copies of the STARS Digest upon City's
request at the rate of $200 annually per additional copy, payable by City in quarterly installments of $50 per
additional copy.
1.4 Adjustments.The Annual Fee,the fee for Additional Copies,and the annual fee per Geo Area shall each be adjusted
at the beginning of each calendar year by the percentage change in the Consumer Price Index —South Urban (CPI-
SU)as reported by the Bureau of Labor Statistics. The initial Consumer Price Index used for the first CPI adjustment
will be the CPI-SU for the month in which the agreement is fully signed with the first adjustment to occur at the
beginning of the Calendar year following the fu-st full calendar year of service. The adjustments thereafter will be
based on die CPI-SU from December of the prior calendar year. Each Annual Fee adjustment shall not be less than
two percent(2 1/o)or greater than ten percent(10 1%).
1.5 One-time fees. MuniServices will invoice the City any applicable set-up fees along with the next invoice for the
quarterly installment of the annual fee. Those set-up fees are due and payable within. 30-days of the receipt of the
invoice.
1.6 Additional Consulting. City may request that MuniServices provide additional consulting services at any time
during the tern of this Agreement. If MuniServices and City 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—City Obligations
Confidentiality
The information provided to the City in the STARS Digest is confidential. It is not open to public inspection. A City may
use the information only for the purpose of economic forecasting (Tex. Tax Code §321.3022(f)). Unauthorized
distribution of confidential information by an officer or employee of a government.agency is punishable by 6 months in
jail and a $1,000 fine (Tex, Govt. Code § 552.352). City shall not use the STARS Digest for any purpose oilier than
economic forecasting and shall not distribute the STARS Digest to any person to unless that person is legally entitled to
access to the information in the STARS Digest,or except as may otherwise be required by law or court order.
Reoamnnr,TX•STARSpkg.rev 091612
TMLATTACHME NT 1-3 Rrrxrrn
Local Occupancy Tax Program
Audit and Administration
Article 1-Objectives and Methods
MuniServices'Local Occupancy Tax Program is intended to assist the City in maximizing lodging tax revenue.The Audit
service provides for examination of taxpayer records to verify compliance and proper accounting for receipts subject to
the tax. The Administration service offers a turnkey approach to ensure appropriate collection, deposit, recording,
delinquency follow up and reporting of the local lodging tax. This service includes all correspondence, forms and other
such services to ensure appropriate and timely remittance of the tax.
In this instance the City seeks on-site examination of the records of ten percent(10%)of the City's lodging properties per
year to insure compliance in collecting and returning the local hotel occupancy tax.
Article 2-Scope of Work
A. Audit Services
1. Perform on-site examinations of the records of those providers requested by City to wan-ant further investigation;
2. Provide City staff with a detailed list of all records required to be made available by lodging providers for the
further reviews, together with a draft engagement announcement letter to be sent to each lodging provider
requiring examination;
3. In coordination with City staff, schedule and conduct reviews at the property locations of those providers
identified and authorized for examination;
4. Verify accuracy of filed lodging tax returns with daily and monthly activity summaries;
5. Review a random sample of the daily and monthly summaries to determine if the daily summaries reconcile to the
monthly summaries;
6. Review bank statements to verify that deposits reconcile with the reported revenue on the lodging tax returns';
7. Review exempted revenue for proper qualifying documentation;
8. Review a random sample of exempted guest revenue and trace registration and/or other source documents to
verify compliance with the City ordinance;
9, Whore possible,compare the State lodging tax filings with City's tax returns;
10. For each error/omission identified and confirmed,submit substantiating documentation to designated City staff in
order to facilitate collection of revenue due from lodging providers for prior periods;
11. Coordinate with designated City official(s)as necessary to review findings and-recommendations;
12. Prepare draft Notices of Deficiency Determination, and commendation,warning and credit letters,its applicable,
for City to advise lodging providers of examination results
13. Provide assistance to City in reviewing any matters submitted in extenuation and mitigation by lodging providers
in contesting a deficiency determination;and
Bcaumvn4 M HOTAudit&Admin 010612
14, Prepare and document any changes to the review findings and provide revised tax,interest or penalty amounts due
the City.
B. Administration Services
Nemittance Processing
1. Taxes Processed:MuniServices will perform remittance processing for lodging taxes as designated by the City,
2. Tax2&yer Notification and Remittance: MuniServices will send individualized tax forms to all known lodging
providers C Taxpayer(s)"). Taxpayers will remit payments as indicated in Exhibit A,Distribution Confirmation,
attached and incorporated herein by reference. Upon reasonable notice to City, MuniServices may change the
address for payments,
Optional Online File and Pay - For an additional set up fee, online filing and remittance using standard
MuniServices formatting will be provided for the Taxpayers convenience.
3. Deposit Process: Deposits are made to the extent that funds have been received, via Automated Clearing House
of the amounts and to the designated recipients as instructed by the City for each type of tax collected,as shown
in more detail on Exhibit A.
4. Postine Process: Taxpayer accounts are posted with payment information captured in the MuniServices revenue
system. Additional information such as net sales, deductions, credit sales, measure of tax, name change and
address change is captured and added to the payment data and taxpayer master file(as determined necessary by
MuniServices). Late payments (Ixrstmarked by U.S. Postal Service after the due date) are invoiced at penalty
amounts required by State code. Under-payments are invoiced for remaining tax due plus any required penalties.
S. Changes to F.,xhibit A:The City shall notify MuniServices in writing immediately of all changes in amounts to be
deposited into the accounts of designated recipients. An amended Exhibit A shall be prepared and executed by
the Parties as soon as reasonably possible. In addition, MuniServices shall provide documentation confirming
each change under the preceding sentence with the first monthly report reflecting the applicable change. If the
changes reflected in the monthly report do not properly reflect the intended changes of the City, then the City
shall immediately notify MuniServices and,thereafter, MuniServices shall take the steps necessary to insure that
designated recipients receive the amounts intended by the City.
Compliance Services
6. Taxes Reviewed: MuniServices will perform compliance services for lodgings taxes designated by City under
Remittance Processing Services. MuniServices will provide delinquency notification and follow-up. This
includes correspondence, calls, and collection procedures and the related documentation. Delinquency policies
and procedures will be applied consistently and within applicable tax laws. Unless otherwise directed by the City,
MuniServices will make reasonable efforts to collect taxes designated by the City hereunder. Where deemed
reasonably appropriate, accounts may be turned over to audit or third party collection. if the City elects to have
its attorney pursue collection of certain uncollected accounts, MuniServices will assist the City attorney as
reasonably requested at its normal hourly rate as reflected herein.
7. Conduct of Compliance Services: To assure that all taxpayers are treated fairly and consistently and all
compliance services are performed in a similar manner, MuniServices representatives who perform compliance
services will use a similar compliance plan for each compliance service conducted. All funds due fi•oni
compliance services will be remitted to City in the same manner as provided for pursuant to Section A,above.
Bemunont TX NOT Audit&Adm in 010612 2
General Provisions
&. Information.Provided: The City represents that the information provided to MuniServices in the performance of
services hereunder shall be provided free and clear of the claims of third parties.The City represents that it has the
right to provide this information to MuniServices and that said information shall not be defamatory or otherwise
expose MuniServices to liability to third parties.
9. Compliance with laws: Each Party accepts responsibility for its compliance with federal,state, or local laws and
regulations.
10. Taxpaver service:MuniServices will provide a taxpayer assistance number for taxpayer questions. MuniServices
will provide informational brochures for placement in the City offices, Chamber of Commerce offices, libraries
and any other facilities.
Article 3-Deliverables
A. Field Audit Services
Provide City staff with a draft Audit Announcement Letter to be sent to each lodging provider to be examined.
For each en-or/omission identified and confinned,submit a written report substantiating documentation to designated
City staff in order to facilitate collection of revenue due from lodging providers for prior periods together with draft
Notices of Deficiency Determination,and/or credit,warning or commendation letters as applicable;
Prepare and document any changes to the review findings and provide revised tax,interest or penalty amounts duo the
City.
Review any extenuation or mitigation proffered to deficiency determinations and prepare draft response to City staff;
and
Provide other collections advice upon request.
H. Adminstration Services
MuniServices will make available to City detailed on fine reporting, including detailed payment listing,
daily/weekly/monthly reconciliation reports,delinquency reports,etc.
MuniServices will provide the City with monthly reports including,but not limited to,payment listings showing all
taxes received related to net receipts reported, a general ledger distribution that corresponds to the City's account
numbers and all fees paid to MuniServices. These reports will be provided by the 10th of the month following the tax
month;
The City AGREES TO EXAMINE THIS REPORT IMMEDIATELY. IF NO ERROR IS REPORTED BY THE City
TO MuniServices WITHIN 60 DAYS, THE STATEMENT WILL BE DEEMED ACCURATE; All items credited
will be subject to receipt of payment.
Article 4-Compensation
The Local Occupancy Tax Services shall be provided as follows:
Audit
The Audit Services are a flat fee of$1,500 per lodging property audited with 50%due at the time of audit approval and
50%upon completion of the audit.Additionally,MuniServices shall be entitled to reimbursement of reasonable travel and
0caumon4 TX HOTAudit&Admin 010612 3
other out-of-pocket expenses associated with the conduct of field audits, not-to-exceed$1,500 per contract year without
prior written approval of the City. Such reimbursement shall be billed annually.
Administration
The Administration Services shall be provided for an annual fixed fee of one hundred dollars($100)per lodging property.
The optional one-time set up fee for online file and pay is$1,500 and will be invoiced upon execution of the contract.
Additional Consulting
City may request that MuniServices provide additional consulting services at any tinge during the term of this Agreement.
If MuniServices and City 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—City Obligations
The City shall assist MuniServices by providing necessary information and assistance to include,but not be limited to,the
following:
A. Feld Audit Services
Send Audit Announcement Letter to each lodging provider to be examined with a copy to MuniServices.
i
Inforni MuniServices of any circumstances concerning existing payees.
Inform MuniServices of the development of new lodging properties no later than a Certificate of Occupancy being
granted.
B. Administration Service
Prior to the start of the work to be perfornmed,provide MuniServices with(1)the most recent registration to collect
the tax and (2)returns for the time period requested as needed to compile a historical database for the period of the
statute of limitations;
Inform MuniServices of any circumstances concerning current existing payees;
Inform MuniServices of the development of new lodging properties no later than the Certificate of Occupancy being
granted;
Cooperate in the transition by reviewing proposed processing and materials,offering comments and suggestions and
providing timely approvals;
Undergo training in the use of online applications.
C. Distribution Confirmation
The City will fill in the account information requested on Exhibit A and attach the same to the fully executed
Agreement. Should there be any changes to the account or percentages in Exhibit A, the City shall immediately
notify MuniServices in writing of all changes in amounts to be deposited into the accounts of designated recipients.
Beaumont,TX NOT A Wit&Admin 010612 4
EXHIBIT A
DISTRIBUTION CONFIRMATION
January 6,2012
City of Beaumont
Attu:Laura Clark,CFO
POB 3827
Beaumont,TX 77704
Dear Ms.Clark:
Funds will be distributed in the following accounts pursuant to this Agreement:
Agency RoutY'ng Account# Distribution°/a WTax
e
1.00% Lodging
If at any tone there are any discrepancies between the schedule set out above and your City's records,please
notify us in writing immediately.
rr IS YOUR RESPONSIBILITY TO PROVIDE NOTICE TO US OF ANY CHANCES IN TAX RATES
OR IN THE DISTRIBUTION OF FUNDS.NOTICE MUST BE IN WRITING AND SENT,VIA
CERTIFIED MAIL,TO:
MuniServiecs,LLC
7335 North Palm Bluffs Ave.
Fresno,CA 97311
Attri.:Traci Hall,Accounting Manager
Thank you for your assistance. If you have any questions,or if I may be of assistance,please let ine know.
Traci Hall,Accounting Manager
MuniServices,LLC
(Phone):559-271-6851
(Fax):559-312-2851
(mail):traci.hal.l muni,
gervices.c Qrn
1 have reviewed the above distribution and verify that it is correct.
By:
Name:
Title:
Veeumon4 7X 1101'Audit&Admin 010612 5
AT'TACEUKENT 2
General Provisions
I
Article I
i
Within 5 business days after signing this You will designate,in writing,one individual to whom we may address
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 our You have until this date to dispute in the invoice,or a portion of it,in writing. Your
invoice. written dispute must be past-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 your We Will either Correct the error or explain to you wily we think the invoice is correct.
written notice that you dispute an During this time,we will not try to collect the amount being disputed.
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 its 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 as with information By providing us information,you represent that:
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.
Uwe send you a report or other You will review all reports we provide to you in a timely fashion mid you will notify
deliverable. us immediately if you find a discrepancy 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 dieing the tern 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 inay 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
L or 2,as applicable,of this Agreement).
i
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Aeaumon4 TX Ate 2 1
i
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 a
default' "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 date
expires. 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.
Henumont 1X Att 2 2
„ i
Article 11. The parties also Agree to the following miscellaneous terms.
1. Independent Contractor. We are an independent under this Agreement without the prior written approval
contractor.Nothing in this Agreement is to be interpreted of the other party. No Party or its agent will use the
as: creating the relationship of employer and employee name, mark or logo of the other Party in any
between you and us or between you and any of our advertisement or printed solicitation without first having
employees or agents; or creating a partnership or joint prior written approval of the other Party. The Parties
venture between you and us. We are responsible for any shall take reasonable efforts to ensure that its
subcontractors we use in performing Services for you and Subcontractors shall not disseminate any oral or written
we are solely responsible to pay those subcontractors.We advertisement,endorsement or other marketing materials
may perform similar services for others during this referencing or relating to the other Party without that
Agreement and you agree that our representation of other Party's prior writtert approval. In addition, the Parties
government sector clients is not a conflict of interest. agree that their contracts with all Subcontractors will
include appropriate provisions to ensure compliance with
2. Compliance with 1,4w.t'.The parties agree to comply with the restrictions of this Section.
all applicable local,state and federal laws and regulations
during the term of this Agreement. 9. Entire Agreement. This Agreement is the entire
Agreement between us and you for the Service(s). Ibis
3. h#ellectual Pn iperty. We retain all right, title, and Agreement supersedes and replaces any prior
interest in and to the processes, procedures, models, Agreements,of whatever kind or nature,for the Service(s)
inventions, software, ideas, know-how, and my and all Any prior Agreements,discussions,or representations not
other patentable or copyrightable material used, expressly set forth in this Agreement are of no force or
developed, or reduced to practice in the performance of effect. No additional terms, Purchase Order Terms and
this Agreement. Conditions,or oral or written representations of any kind
are of any force and effect unless in writing and signed
4. Waiver. Either party's failure to insist upon strict with the same formality as this Agreement
performance of any provision of this Agreement are not to
be construed as a waiver of that or any other of a party's 10. No Oral Modification. No modification of this
rights under this Agreement at any later date or time. Agreement is effective imless set forth in writing and
signed with the same formality as this Agreement.
5. Fare Majeure. Neither party is liable for failing to
perform its obligations hereunder (other than payment 11. Invalidity. if any provision of this Agreement is
obligations)where performance is delayed or hindered by determined to be invalid, illegal, or unenforceable, the
war, riots, embargoes, strikes or acts of its vendors or remaining provisions of this Agreement remain in full
suppliers, accidents, acts of Clod, or any other event force, if the essential provisions of this Agreement for
beyond its reasonable control. each party remain valid,binding,and enforceable.
G. Countwparts. This Agreement may be signed in separate 12. Construction. This Agreement is to be construed in
counterparts including facsimile copies. Each counterpart accordance with the laws of the State of Texas without
(including facsimile copies)is deemed an original and all regard to its conflict of laws principals.
counterparts are deemed on and the same iustrument and
legally binding on the parties. 13. Headings. The section headings herein are for
convenience and reference purposes only and are not to
7. Assigwnerd. MuniServiecs may assign this Agreement,in serve as a basis for construction or interpretation.
whole or in part,without your consent to any corporation
or entity into which or with which MuniServices has
merged or consolidated;any parent,subsidiary,successor
or affiliated corporation of MuniServices; or any
corporation or entity which.acquires all or substantially all
of the assets of MuniServiecs. Subject to the foregoing,
this Agreement shall be binding upon and inure to the
benefit of the parties and their successors or assigns.
8. Public Release and Staternews. Neither you nor we nor
each of our representatives or agents shall disseminate
any oral or written advertisement, endorsement or other
marketing material relating to each other's activities
Beaumont TX Alt 2 3
Attachment 3
MuniServices Helpful Contacts
Contact Project Role Phone Email
Ted Kamel Sr.Auditor/Client Services Manger_ 903.952.9794 sU c
Lisa Broussard Vice President Client Services Central 713.459.5079 1'
Brenda Anderson Client Services Manager 817.771.4066 b v'
Doug Jensen _ Sr.Vice President Client Services 559.288.8943 ices.c
Andrea Hunter Vice President Audit Services 205.533.0297 t corn
Kandi Warnock TOT Production Mara or 817.905.7027 Long"wimgOAnuniservicos.
Janis Varney Vice President Misallocation-SUTA 559.271.3011 v e c
Kirk Dimery SUTA Production Anal ,t 559.271.6836 iservi s.com
Doug Estes STARS Production Mana er 559.271.6868 % orn
Billing Department 559.271.6946 bi11i m
Patricia A.Bunn Contracts Ma er 559.271.6852 nn u ' rvices.com
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