Agenda Packet_2024-07-16 (Revised)

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DocuSign Envelope ID:9822D5D4-600B-4A67-B07F-02E780760E1B up with the individual businesses and the California Department of Tax and Fee Administration to ensure that all back quarter payments due the City are recovered. 5. TECHNICAL ASSISTANCE AND SUBJECT MATTER EXPERTISE(OPTIONAL) 5.1 HdL may provide additional hours of general consulting to be utilized on an as-needed basis at the City's request. Such assistance may include (i) technical questions and other issues related to sales, use and transactions tax, (ii)utilization of reports to enhance business license collection efforts, (iii) sales tax projections for proposed annexations, economic development projects and budget planning, (iv) negotiating/review of tax sharing agreements, (v) establishing purchasing corporations,(vi)meeting with taxpayers to encourage self-assessment of tax obligations, and(vii)other sales,use or transactions tax revenue-related matters. 6. CONFIDENTIALITY INFORMATION 6.1 Section 7056 of the State of California Revenue and Taxation Code("R&T Code")specifically limits the disclosure of confidential taxpayer information contained in the records of the CDTFA. Section 7056 specifies the conditions under which a city, county or district may authorize persons other than such city, county or district's officers and employees to examine state sales and use tax records. The following conditions specified in Section 7056-(b)(1) of the State of California R&T Code are hereby made part of this Agreement: a. HdL is authorized by this Agreement to examine sales,use or transactions and use tax records of the CDTFA provided to City pursuant to contract under the Bradley-Burns Uniform Local Sales and Use Tax Law R&T Code Section 7200 et seq. b. HdL is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of City who is authorized by City resolution provided to the CDTFA to examine the information. c. HdL is prohibited from performing consulting services for a retailer (as defined in R&T Code Section 6015),during the term of this agreement. d. HdL is prohibited from retaining the information contained in or derived from those sales, use or transactions and use tax records after this agreement has expired. Information obtained by examination of the CDTFA records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056(b)of the Revenue and Taxation Code. The resolution shall designate the HdL as a person authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code. 7. SOFTWARE USE AND PROPRIETARY INFORMATION 7.1 Section 7056 of the State of California Revenue and Taxation Code("R&T Code")specifically limits the disclosure of confidential taxpayer information contained in the records of the CDTFA. Section 7056 specifies the conditions under which a city, county or district may authorize persons other than such city, county or district's officers and employees to examine state sales and use tax records. The following conditions specified in Section 7056-(b)(1) of the State of California R&T Code are hereby made part of this Agreement: a. Software Use. HdL hereby provides authorization to City to access HdL's Sales Tax website if City chooses to subscribe to the software and reports option. The website shall only be used by authorized City staff.No access will be granted to any third party without explicit written authorization by HdL.City shall not sublet,duplicate,modify, decompile,reverse engineer,disassemble, or attempt to derive the source code of said software. The software use granted hereunder shall not imply ownership by City of said software,or any right of City to sell said software or the use of same, or any right City Council 23 — 16 7/16/2024