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HomeMy WebLinkAboutReso 2025-109 RESOLUTION NO. 2025-109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND HINDERLITER, DE LLAMAS AND ASSOCIATES TO PROVIDE SALES AND USE TAX, TRANSACTION TAX AUDIT AND INFORMATION SERVICES WHEREAS, Hinderliter, De Llamas & Associates (“HdL”) has extensive experience in providing sales tax analysis to many local cities; and WHEREAS, the City requires the service of HdL (“Consultant”) to provide sales and use tax services to assist in economic and business development and revenue projections, as well as transaction tax services to effectively monitor Measure P and Measure A revenues; and WHEREAS, continuous monitoring, identification, and correction of allocation errors and reporting deficiencies will help maximize the City’s sales tax revenues; and WHEREAS, an effective review program can provide for more accurate budget forecasting and financial planning; and WHEREAS, City desires the combination of data entry, report preparation, and data analysis necessary to effectively manage both its general sales and use tax and Measure A and Measure P transactions and use tax base for recovery of revenues either unreported or erroneously allocated to other jurisdictions: and WHEREAS, Consultant has the programs, equipment, and personnel required to deliver the sales and use and transactions and use tax related services referenced herein; and WHEREAS, Consultant’s annual base fee for services is $14,400. The Consultant will receive a percentage based on recovered sales tax. For general sales and use tax, Measure A and Measure P transactions and use tax recovered, the Consultant will receive 15% of sales and use tax revenue recovered; and WHEREAS, the maximum amount to be paid to consultant for services performed under the agreement through June 30, 2028, shall not exceed $525,000 and, if the City exercises its two (2) one-year options to extend the agreement, the maximum amount to be paid to the Consultant for the period July 1, 2028 through June 30, 2030, shall not exceed $875,000; and WHEREAS, Section 7056 of the California Revenue and Taxation Code specifies the conditions under which a city may authorize persons other than city officers and employees to examine State Sales, Use and Transactions Tax records; and Docusign Envelope ID: 709FD492-5487-46A4-A562-F7842DA480A6 Resolution No. 2025-109 Page No. 2 WHEREAS, the City desires to retain HdL and certifies that, pursuant to the proposed consultant services agreement, Consultant is: A. Authorized to examine sales, use or transactions and use tax records of the Department of Tax and Fee Administration provided to the City pursuant to contract under the Bradley-Burns Uniform Sales and Use Tax Law; B. Required to disclose information contained in, or derived from, those sales, use or transactions and use tax records only to an officer or employee of the CITY who is authorized by resolution to examine the information. C. Prohibited from performing consulting services for a retailer, as defined in California Revenue & Taxation Code Section 6015, during the term of this Agreement. D. Prohibited from retaining the information contained in, or derived from those sales or transactions and use tax records, after this Agreement has expired. Information obtained by examination of Department of Tax and Fee Administration records shall WHEREAS, in order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110 for “professional services” (e.g., architects, lawyers, engineers, environmental), received two proposals, and selected Consultant as the most qualified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves Consultant Services Agreement to provide Sales And Use Tax And Transactions Tax Audit and Information Services, between HdL and the City, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk and authorizes and directs the Mayor, City Manager or Director of Finance to execute same. BE IT FURTHER RESOLVED that Consultant is authorized to examine State Sales, Use, and Transactions Tax records, in accordance with California Revenue and Taxation Code section 7056. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 709FD492-5487-46A4-A562-F7842DA480A6 Resolution No. 2025-109 Page No. 3 Presented by Approved as to form by Sarah Schoen Marco A. Verdugo Director of Finance/Treasurer City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of July 2025 by the following vote: AYES: Councilmembers: Chavez, Fernandez, Inzunza, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: Preciado John McCann, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2025-109 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of July 2025. Executed this 8th day of July 2025. Kerry K. Bigelow, MMC, City Clerk Docusign Envelope ID: 709FD492-5487-46A4-A562-F7842DA480A6