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AA V E N U <br />INSIGHTS b SNILVTICS <br />i Scope of Services <br />UTILITY USERS TAX CONSULTANT <br />RFP #20.137 <br />As the nations leading provider of Utility User Tax consultant services, with decades of extensive <br />experience, Avenu fully understands the City's objectives and has the requisite capabilities and <br />experience to successfully: 1) Assist the City in the collection of Utility User Tax revenues, due to the <br />City, as determined by Avenu's auditing, recovering, reporting, and other general compliance <br />activities; 2) support the City in the development of UUT revenue forecast models; and 3) provide to <br />the City legislative and state agency liaison and implementation monitoring. <br />Avenu offers herein below an itemized response to Section III of the City's "SCOPE OF SERVICES <br />AND TERM OF CONTRACT." <br />1.1 SOURCE OF REVENUE [RFP III.A] <br />Utility Users' Tax ("UUT") - Rate 5.5% - UUT Service Provider Categories: Electric, Gas, & Telecommunications <br />Service Providers (to include electric and gas aggregators, and California Department of Tax and Fee <br />Administration's ("CDTFA") collected pursuant to the Local Prepaid Mobile Telephony Services Collection Act. <br />Avenu has been the industry pioneer and leader in CA UUT for nearly thirty (30) years. Avenu is the <br />only entity which: (1) maintains the state's only website, uutinfo.org, which nationwide utility service <br />suppliers rely upon for current UUT tax rates and levies throughout the state; (2) were the first to <br />provide ordinance optimization services under legal expertise to ensure and maintain the <br />modernization of terminologies applicable to various industries that remain both all-inclusive and time - <br />enduring to provide municipalities and counties with the most encompassing levies legally <br />permissible; and (3) are the only entity that solely utilizes degreed and/or licensed accounting and <br />legal professionals to provide consultation services, tax compliance auditing, and legal defense and <br />support for any and all tax findings and navigate the extreme legal opposition commonly applicable to <br />the ever -evolving industries in this arena of taxation. Avenu has an in-depth understanding of the <br />City's ordinances, and indeed those statewide, for Electric, Gas, & Telecommunications UUTs, <br />(" ") § 35-156 <br />In addition, Avenu's expertise extends to both identifying and enforcing compliance upon electric and <br />gas aggregators, particularly Clean Power Alliances and other local service suppliers, that utilize gas <br />and electric delivery infrastructure owned by those franchisees who maintain such infrastructures <br />within the City. Finally, Avenu co -sponsored and drove the legislative efforts to pass both S.B. 344 <br />(2019) and S.B. 1441 (2020), in partnership with Sen. Mike McGuire, to gain legislative extensions of <br />the Local Mobile Prepaid Telephony Services Collection Act, CAL. REV. & TAX. CODE § 42100 <br />via administration by the California Department of Tax and Fee Administration (CDTFA) collected on <br />the retail sale of prepaid wireless telecommunications services sold to prepaid customers. <br />Avenu monitors both the payments and the charges for administration thereof by the CDTFA for <br />nearly seventy percent (70%) of the state market. While contingency fee auditing is prohibited under <br />the legislation, Avenu has the necessary expertise to identify these revenues through audits of <br />service suppliers who have subsidiaries who provide such services and have extensive experience in <br />conducting direct audits on the prepaid wireless entities pursuant other pricing. <br />CITY OF SANTA ANA, CA <br />