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R-04-02-12-14B1 - 2/12/2004RESOLUTION NO. R-04-02-12-14131 WHEREAS, the City of Round Rock desires to retain consulting services for a sales tax economic impact study, and WHEREAS, The Perryman Group has submitted an engagement letter to provide said services, and WHEREAS, the City Council desires to enter into said engagement letter with The Perryman Group, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an engagement letter with The Perryman Group for consulting services for a sales tax economic impact study, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all. times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 2 0 04 . NYLt 46.xwEft, Mayo ACity of Round Rock, Texas T T: CHRISTINE R. MARTINEZ, City Secreta @PFDesktop\.:ODMA/WORLDOX/O:/WDOX/RESOLUTZ/R40212B1.WPD/SC 7EXHIBIT "All February 3, 2004 Mr. John Kroll Celero Group 815 Brazos, Suite 200 Austin, TX 78701 Mr. David Kautz Assistant City Manager The City of Round Rock 221 East Main Street Round Rock, TX 78664 Dear John and David: RED F E B Q 4 2004 NUNN� CROUP 510 N. Valley tilills Drive, Suite 300 Waco,Texas 76710-6076 (254) 751-9595 FAX (254) 751-7855 E-mail: ray@perrymatzgroup.com Internet: tewu.perrymangroup.com M. Ra}, Perryman, Ph.D. President It was a pleasure to visit with you recently, and I look forward to working with you on the Streamlined Sales Tax effort. As you requested, I am preparing this letter to set forth the basic terms of our agreement to retain my firm, The Perryman Group (TPG), to work on this engagement. I am quite content for this letter to serve as the agreement. If it is necessary to transfer these essential terms to a more formal document, however, that should not pose a problem. As I understand it, the project will be funded jointly by the City of Round Rock and the Coalition for Appropriate Sales Tax Law Enforcement (CASTLE). I assume these entities agree among themselves regarding the desired allocation of payments. The details of this allocation are not of great concern to me. The nature of this project is such that the methods and scope cannot be determined with great precision in advance. The general process is described below: TPG will assist the sponsoring entities in refining their survey instrument to solicit information from major taxpayers regarding sales tax patterns. (I am assuming in this proposal and would highly recommend that the sponsors will send out the survey, as (a) it is likely to be more cost effective and (b) the response rate is likely to be higher. If it is desired that TPG conduct the survey, we are fully capable and happy to do so at an additional cost.) 2. TPG will compile and analyze the survey results. 3. TPG will compile other pertinent data and research, including information from the Comptroller of Public Accounts, any studies conducted in other areas, and other relevant information. 4. Given the available information, TPG will define reasonable scenarios to quantify and illustrate the key issues to be examined. Any required assumptions will be explicitly stated and defensible. Perryman Consultants, Inc., and Texas Economic Publishers, Inc., are divisions of The Perryman Group 5. Once the direct parameters have been defined above, the overall economic consequences will be assessed using the appropriate geographic submodels of the Texas Multi -Regional Impact Assessment System. This model, which was developed and is maintained under my direction at TPG, has been used in hundreds of analyses over the past twenty years, including virtually every major economic policy issue confronting the State during this time span. This segment of the analysis will provide a comprehensive quantification of losses to the local economies (jobs, income, output, taxes, etc.) which will serve as an offset to any anticipated benefits which may be offered. 6. TPG will prepare a detailed narrative setting forth the methods and results associated with this investigation as well as a concise Executive Summary suitable for widespread distribution. It will include an overview of the issues from an economic perspective, as well as anecdotal illustrations of situations (bond commitments, specific outlets, etc.) which explain the importance of this matter. (I assume that many of these can be supplied by the sponsoring entities.) In particular, the effects on the taxing authorities in the City of Round Rock will be examined (I assume that much of the needed data is available from the sponsors). This analysis will be conducted for a fee of $87,400 (plus direct, out-of-pocket expenses). Any additional work, (presentations, op-eds, editorial boards, meetings, response to other reports, etc.) will be billed at our standard rates or be the subject of a separate agreement. Assuming timely authorization and provision of survey data, TPG will complete this analysis in accordance with the required time schedule. It is my understanding that a period of at least 3 months is available. TPG will bill on a monthly basis based on appropriate percentage complete (plus expenses), with payment due within 30 days of invoice. Assuming timely payment of invoices, TPG will hold the sponsoring entities harmless for any debt incurred in the completion of this project. TPG will carry appropriate insurance coverage throughout the life of this project. Assuming this letter is sufficient, signatures below can serve as our Authorization to Proceed. A fax is sufficient. (We are willing to begin work based on appropriate verbal authorizations.) Otherwise, I hope it provides a reasonable basis for a contractual arrangement. We greatly appreciate your consideration and look forward to hearing from you soon. Sincerely, This authorization is made with the M. Ray an understanding that the City of Round Rock's maximum liability under MRP/RW the terms of this engagement letter shall not exceed $43,700 plus 1/2 of the direct, out of pocket expenses. Accepted M. Ray Perryman For CASTLE: I hereby Authorize The Perryman Group to Proceed under the terms of this letter. Signature: Name: Company: Title: Address: Phone: Fax: Date: E-mail: For the City of Round Rock: I hereby Authorize The Perryman Group to Proceed under the terms of this letter Signature: Name: Company: Title: Address: Phone: Fax: Date: E-mail: DATE: February 6, 2004 SUBJECT: City Council Meeting - February 12, 2004 ITEM: 14.B.1. Consider a resolution authorizing the Mayor to execute an agreement with The Perryman Group for a sales tax economic impact study. Department: Administration Staff Person: David Kautz, Assistant City Manager/Chief Financial Officer Justification: The Streamline Sales Tax Project (SSTP), a coalition of states working to simplify sales tax rules nationwide and facilitate taxation of remote sales, requires that states adopt rules that source retail sales for delivered merchandise to the point of destination. Texas and its local taxing jurisdictions currently operate under rules that source sales for merchandise to the point of origin. Staff believes that it is important to retain a prominent economist and conduct an economic impact study. Reasons for conducting a study include: a. The study would provide expert analysis and presentation or the detrimental effects on Round Rock of a sourcing rules change. b. The study would be used to fill in any omissions of a study being conducted by the state comptroller that are important to Round Rock. The study would further support and strengthen testimony and information Round Rock is to provide to state legislators. Funding: Cost: $43,700 plus direct expenses (1/2 of $87,400) Source of funds: General Fund Outside Resources: N/A Background Information: A change to point -of -destination tax collection rules would have grave financial consequences for the City of Round Rock because its largest retailers deliver virtually all of their merchandise to consumers who are at locations outside of the city. More than $20 million in annual sales tax collections by the City are at risk if the sourcing rules are changed. Round Rock has collaborated with and proposes to share the costs of this study with the Coalition for Appropriate Sales Tax Law Enactment, a small group of Texas cities who are also adversely affected by a sourcing rules change. Public Comment: N/A