RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute (i) A Second Amendment To The Contract With Avenu Insights & Analytics To Add A Termination Date Of December 31, 2024 And Increase The Total Annual Fixed Fee By $28,000 For A Total Not To Exceed Amount Of $78,000 For Utility User Tax (UUT) Franchise Compliance Services; And (ii) A First Amendment To The Contract With Avenu Insights & Analytics To Add A Termination Date Of December 31, 2024 And Increase The Total Compensation Amount From The Current Rate Of $2.95 Per Transaction To $3.10 Per Transaction With A Total Not To Exceed Amount Of $9,500 For UUT Administration Services WHEREAS, on October 24, 2001, the City of Emeryville entered into a contract with MuniServices (currently known as Avenu) to perform UUT Franchise Compliance Services with the Total Annual Fixed Fee set at either greater of $10,000 or 0.5% of the total UUT revenues received from the prior fiscal year, a not to exceed amount of $50,000 for a 5-year term, and no termination or expiration date; and WHEREAS, on October 20, 2015, the City entered into a First Amendment to the UUT Franchise Compliance Services Contract and added additional authorizations to the Contractor to examine certain Board of Equalization documents relating to the collection of the City’s UUT on prepaid wireless services; and
WHEREAS, UUT revenues have gradually increased over the past 23 years from $2 million in Fiscal Year (FY) 2001 to $4 million in FY 2023, and the fee structure of the UUT Franchise Compliance Services Contract has not changed since 2001, and the Contractor has requested to increase the contract amount by $28,000 from $50,000 to an amount not to exceed $78,000 which will be offset by increased UUT revenues; and WHEREAS, on April 3, 2013, the City entered into a contract with MuniServices for UUT Administration Services to manage UUT filings, payments, and collection activities with a monthly administration fee based on $2.95 per UUT filing transaction without a total not to exceed amount or termination date; and
WHEREAS, the payment structure of UUT Administration Services Contract has not changed since 2013 to reflect the Contractor’s increased costs of providing services to the City, and the Contractor proposes an increase in the transaction fee by 5% for a new rate of $3.10 per transaction, and a total not to exceed contract amount of $9,500; and WHEREAS, both contracts will terminate on December 31, 2024 since staff will issue a Request for Proposals (RFP) for UUT Franchise Compliance Services and Administration Services in mid-2024; and
WHEREAS, the total fiscal impact to the FY 2024 budget for both contract amendments is anticipated to be $30,500 which would be offset by increased UUT revenues; now, therefore be it
DocuSign Envelope ID: 446687D1-C317-46BB-B13F-6F138C1E373E Resolution No. _____
Avenu Insights & Analytics UUT Contract Amendments
City Council Meeting | December 19, 2023
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute a Second Amendment to the Contract with Avenu Insights & Analytics to add a termination date of December 31, 2024 and increase the total Annual Fixed Fee by $28,000 for a total not to exceed amount of $78,000 for UUT Franchise Compliance Services; and be it further
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute a First Amendment to the Contract with Avenu Insights and Analytics to add a termination date of December 31, 2024 and increase the total compensation amount from the current rate of $2.95 per transaction to $3.10 per transaction with a total not to exceed amount of $9,500 for UUT Administration Services.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, December 19, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 446687D1-C317-46BB-B13F-6F138C1E373E