Approved as to Form and Legality
2022 DEC-8 PM S'17
FU EDOFFICE OF THE CITY CLERK
OAKLAND
City Attorney’s Office
OAKLAND CITY COUNCIL
8 9 5 2 6RESOLUTION NO. C.M.S.
RESOLUTION 1) AUTHORIZING THE CITY ADMINISTRATOR TO
AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH
HINDERLITER, DE LLAMAS AND ASSOCIATES FOR SALES AND USE
TAX DATA, CONSULTING, AND AUDITING SERVICES TO EXTEND
THE TERM FROM JANUARY 2,2023 THROUGH JANUARY 1,2024 AND INCREASE THE COMPENSATION BY AN AMOUNT UP TO $125,000; 2)
AUTHORIZING AN OPTION TO EXTEND FOR ONE ADDITIONAL
YEAR THROUGH JANUARY 1,2025 IN AN AMOUNT NOT TO EXCEED
$125,000 FOR A TOTAL CONTRACT AMOUNT OF $490,000 OVER THE FIVE-YEAR CONTRACT TERM; AND 3) WAIVING THE
LOCAL/SMALL LOCAL BUSINESS ENTERPRISE (L/SLBE) PROGRAM
PARTICIPATION REQUIREMENT
WHEREAS, in May 2019, the City issued a Request for Proposals (RFP) inviting individuals and firms with proven experience and professional expertise to provide the City with data, consu lting and auditing services of the Sales & Use Tax; and WHEREAS, the RFP expressly stated that the initial contract will be for three years, with two possible one-year extensions; and
WHEREAS, based upon review and evaluation of the responses to the RFP by an evaluation committee, Hinderliter, De Llamas & Associates was awarded the contract for the data, consulting and audit services for Sales & Use Tax; and
WHEREAS, In January 2020, City Administrator, as duly authorized under Oakland Municipal Code Section 2.04.020, executed a three-year professional services agreement in an amount not to exceed Two Hundred Forty Thousand Dollars ($240,000) with Hinderliter, De Llamas & Associates for the data, consulting and auditing services of Sales & Use Tax; and WHEREAS, since the commencement of the current agreement, Hinderliter, De Llamas & Associates has provided the services that resulted in the City receiving an average of approximately $573,000 in additional revenue annually, bringing the total revenue recovered at approximately $1.7 million for the current agreement that is due to expire on January 1,2023.
WHEREAS, the City Administrator now seeks authority to amend the professional services agreement with Hinderliter, De Llamas & Associates to extend the term covering the period of January 2, 2023 through January 1, 2024 with an option to extend the term through January 1,2025, without returning to the City Council for approval, so that Hinderliter, De Llamas & Associates can continue to provide data, consulting and auditing services; and
WHEREAS, the Council may waive the City’s Local/Small Local Business Enterprise (L/SLBE) requirements for professional services contracts due to a lack or limited availability of SLBEs or LBEs pursuant to Part 1 of Oakland’s Local and Small Local Business Enterprise Program guidelines adopted by Ordinance No. 13647 C.M.S.; and WHEREAS, neither the proposed contractor nor staff have been able to identify any or a limited availability of LBE/SLBEs that can provide the services that are required under this contract and thus staff is requesting that Council waive the L/SLBE requirement; and WHEREAS, Hinderliter, De Llamas & Associates will receive a fixed annual compensation of $10,200 for the data and consulting services and 15% of net revenue discovered, recovered, and reallocated to the City by the California Department of Tax & Fee Administration; and
WHEREAS, funding for the Professional Services Agreement with Hinderliter, De Llamas & Associates will continue to be paid from the Department of Finance’s Budget under Fund 1010.08451.54919.1000007.IP59; now, therefore, be it RESOLVED: That the City Council hereby authorizes the City Administrator to amend the professional services agreement with Hinderliter, De Llamas & Associates to extend the term from January 2, 2023 through January 1, 2024 and increase the compensation by an amount not to exceed $125,000; and be it
FURTHER RESOLVED: That the City Council authorizes the City Administrator to further amend the agreement to extend the term for an additional one-year term through January 1, 2025 for an additional amount of $125,000 for a total contract amount not to exceed Four Hundred Ninety Thousand Dollars ($490,000) over the five-year contract term; and be it FURTHER RESOLVED: That, pursuant to Oakland’s Local and Small Local Business Enterprise Program guidelines adopted by Ordinance No. 13647 C.M.S., the Council waives the L/SLBE program participation requirement due to limited availability.
DEC 2 0 2022IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
'f% TAYLOR, THAO AND PRESIDENTAYES - FIFE, GALLO, KALB, KAPLAN, FORTUNATOBAS ^ 7-
NOES-
ABSENT -
ABSTENTION
P
ATTEST:
ash A reEd
City Clerk and Clerk of the Council of
the City of Oakland, California
3221124vl/ARM
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