01-19-2021 - AGENDA ITEM 17 CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH HDL SOFTWARE, LLC FOR BUSINESS LICENSE OPERATIONS MANAGEMENT & COMPLIANCEAGENDA ITEM NO. 17
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: January 19, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH HDL
SOFTWARE, LLC FOR BUSINESS LICENSE OPERATIONS MANAGEMENT &
COMPLIANCE
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve, by a majority vote of the entire City Council, dispensing with formal bidding procedures and
requirements in connection with the procurement of business license operations management and
compliance services by finding that it would be impracticable to comply with such requirements and it
would promote the public interest to dispense with such requirements, in accordance with the
requirements of Section 2-330(b) of the West Covina Municipal Code; and
2. Authorize the City Manager to negotiate and execute an agreement with HdL Software, LLC for a term
of five (5) years, with an annual maximum compensation of $80,000, in a form approved by the City
Attorney.
BACKGROUND:
Since November 2015, HdL Software, LLC (HdL) has provided the City with business license compliance and
operations management services. The agreement with HdL has enabled the City to improve the overall
efficiency of business license processing, increase revenues while reducing costs, and effectively enforce
business license requirements set forth in the West Covina Municipal Code.
DISCUSSION:
The current agreement with HdL is for a 62-month tern. The City and HdL recently amended the agreement to
clarify that such term would expire on January 16, 2021, and extended the term for three (3) days, through
today's date, so the agreement would remain in place until staff could request approval of a new agreement at
this City Council meeting. Staff is requesting to enter into a new agreement with HdL. During the last five (5)
years, HdL has met and exceeded expectations in providing business license operations management and
compliance services.
Section 2-330(b) of the West Covina Municipal Code states that the City Council, by a majority vote of the
entire City Council, may dispense with the formal bidding procedures and requirements of Division 2
(Purchasing System) of Article VII (Purchases and Sales) of Chapter 2 (Administration) of the West Covina
Municipal Code upon a finding that "it would be impracticable, useless or uneconomical ... to follow such
procedures and ... the public welfare would be promoted by dispensing with the same." Staff believes it would
be uneconomical and impracticable and would not promote the public welfare to follow formal bidding
requirements in connection with the procurement of these services. Given that the agreement with HdL expires
today, a formal solicitation would be impracticable, as it would take a few months to complete and cause a
lapse in business license operations management and compliance services. Such lapse would, among other
things, result in the potential loss of business license revenue, as the City does not have the staff or resources to
manage the business license program with its own forces. Staff also believes that it would be uneconomical to
formally bid these services, as another company is not likely to provide a better rate. Based on the foregoing,
staff is recommending that the City Council, by a majority vote of the entire City Council, approve dispensing
with formal bidding requirements and procedures in connection with the procurement of business license
operations management and compliance services by finding that it would be impracticable and uneconomical to
comply with such requirements and the public welfare would be promoted by dispensing with such
requirements for the business license operations management and compliance services.
The scope of services to be provided under the new agreement is identical to those currently provided by HdL,
as described in Attachment No. 1. The original fee under the existing agreement was $12.00 per business
license. Under the new agreement, the fee will be $13.31, with an annual increase based on the Consumer Price
Index.
LEGAL REVIEW:
The City Attorney's Office will review and approve the agreement as to form.
Prepared by: Robbeyn Bird; Finance Director
Attachments
Attachment No. 1 - Scope of Services
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
EXHIBIT A
SCOPE OF SERVICES
Business Tax Operations Manaaement
• Tax Registration Database Management — HdL will transfer the City's existing
databases as they relate to business license into HdL's internal administration tools.
HdL will maintain the data and provide copies of data or reports at the City's request.
City will not be required to use or maintain any software in house for managing the
business license registry.
• Renewal Processing — Send active business license accounts a renewal notice
within 30 days of the renewal period end date. Accounts will receive all applicable
forms necessary to complete the renewal process.
• New Account Processing — HdL will process any new business license applications
and complete the new account registration process in a timely fashion.
• Payment Posting/Processing — HdL will process all payments for new and renewal
accounts. License accounts will be updated with payment information and revenues
will be remitted to the City net banking and related processing fees on no less than a
monthly basis.
• Business Support Center — HdL will provide businesses with multiple support
options for registering, renewing, making payments and for general inquiries.
Businesses will have access to one of our license specialists Monday -Friday 8:OOam
to 5:OOpm Pacific, via phone, mail, e-mail, fax, and the Business Support Center On -
Line.
• On -Line Filing & Payment Processing — HdL will make available options for
businesses to visit a website, linked to the City's website, to submit online
transactions.
Compliance Management Services
HdL will ensure a level playing field for the business community and maximized
revenues to the City through the Compliance Management Program. Discovery services
will be conducted to identify and register businesses that are subjected to license but
not properly registered. Audit services will identify under reported tax liability for
business and lodging providers. Collections Services will collect known debt from
licensed accounts that do not pay in full during the registration or renewal process. The
scope of work to be performed under the compliance management program will be
mutually agreed to in writing by HdL and City prior to implementation.
• Discovery —The Discovery component of the Compliance Management Program
will identify businesses subjected to taxation by the City which are not accurately
registered or reporting through a variety of methods including a city-wide
canvassing program to be conducted at least twice annually, the first to be
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conducted no later than June 30, 2016. The specific services to be performed
which may include:
1. Identify non -compliant entities through cross matching of City tax
registrywith Hdl business inventory
2. Notify businesses and attempt to obtain registration along with relevant
documentation
3. Invoice businesses for total amount of business license tax and
penalties identified for current and applicable prior periods
4. Educate businesses on proper reporting practices
• Audit -Audit services are designed to identify businesses that are registered but
not properly reporting or paying the correct amounts. The specific services to be
performed which may include:
1.Identify potential underreporting and/or misclassified businesses by
comparing City records with Hdl business inventories
2. Review/Audit City approved potential underreporting businesses to
determine compliance
3. Submit audit summaries to City staff and meet with staff to review and
discuss further actions
4. Educate businesses on proper reporting practices
• Collections - Collections services will be performed to collect from existing
accounts that have not renewed their license and been delinquent for a minimum
of 90 days.
1. Analyze non -renewed accounts and identify delinquent businesses
2. Remove from collections process all accounts that are no longer subjected
to licensure or taxation
3. Notify delinquent businesses through a series of City approved collection
methods
4. Work in conjunction with City staff to identify additional enforcement
methods
Consulting Services -Tax Modification Program
• Current Tax Registry Analysis - Consultant will conduct an analysis of the
current business license ordinance and the City's tax registration database.
Data will be compiled on the number of businesses, current tax revenues
received by City, categories, and other related information in orderto provide an
accurate baselinefor current models and the impact of changes.
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• Fee Analysis and Comparative Study - Using the data compiled from the
registration analysis, as well as data compiled from other sources such as
neighboring cities, consultant will prepare a report comparing the City's model
and best practices to those of neighboring municipalities. The report will assist
and provide the City with guidance as to possible positive changes to its current
model. The report will also include filing options, sample tax forms, and other
business license administration documents.
• Modified Tax Structure Options - As a result of the findings of the comparison
report, Consultant, in conjunction with City staff, will draft a series of possible
business tax re- structuring options for City consideration. Options may include
the proposing of gross receipt based taxes, employee based taxes, flat taxes or a
hybrid of all mentioned options. Consultant will draft potential new and detailed
structures to be used in the City's new ordinance. Consultant will also review and
provide sample ordinance language from neighboring cities "model ordinances".
• Reporting - Consultant shall provide City with the following three (3) standard
monthly reports by the 15th of each month:
1. The "Remittance Summary Report" will accompany the monthly transfer of
funds to the City and summarize the payment activity for the preceding
month.
2. The "Remittance Detail Report" will provide the City with detailed
transaction information for accounts processed during the preceding
month.
3. The "Annual Report" will contain a summary of the preceding year's activity
including counts of new businesses registered, businesses renewed,
revenues collected, and other key administrative information.
Consultant shall provide at the request of the City up to five (5) new customized
"ad -hoc report" requests per month at no additional charge to the City.
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