HomeMy WebLinkAboutCC Resolution 11928 (Local Government Sharing Program)RESOLUTION NO. 11926
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING PARTICIPATION IN THE LOCAL
GOVERNMENT SHARING PROGRAM (AB63) WITH THE
FRANCHISE TAX BOARD VIA AGREEMENT NO. C0525213.
WHEREAS, the Franchise Tax Board will provide to the City of San Rafael local taxpayer
records as part of the Agreement attached hereto and made part of this resolution; and
WHEREAS, the maximum amount of the Agreement is $1,163;
NOW, THEREFORE, it is resolved by the City Council as follows:
SECTION 1. Participation. The Mayor or City Manager, or his designee, are hereby
authorized to participate in the Local Government Sharing Program (AB63) via Agreement No.
C0525213, subject to approval as to form by the City Attorney.
SECTION 2. Attestations. The City Clerk is hereby authorized and directed to attest the
signature of the Mayor or City Manager or of such other person or persons as may have been
designated by the Mayor or City Manager, and to affix and attest the seal of the City, as may be
required or appropriate in connection with the execution and delivery of the Agreement.
SECTION 3. Other Actions. The Mayor, City Manager and other officers of the City are
each hereby authorized and directed, jointly and severally, to take any and all actions and to
execute and deliver any and all agreements, documents and certificates which they may deem
necessary or advisable in order to carry out, give effect to and comply with the terms of this
Resolution and the Agreement. Such actions are hereby ratified, confirmed and approved.
SECTION 4. Effect. This Resolution shall take effect immediately upon its passage.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on Mondav, the 20th day of March, 2006, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, City Clerk
uI U ``q)3
..ecu AGREEMENT
c13 (Rev 06/03)
AGREEMENT NUMBER
C0525213
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
Franchise Tax Board
CONTRACTOR'S NAME
City of San Rafael
2. The term of this
Agreement is: May 1, 2006 through December 31, 2006
3. The maximum amount $ 1,163.00
of this Agreement is: ONE THOUSAND ONE HUNDRED SIXTY THREE AND NO/100 DOLLARS
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made
a part of the Agreement.
Exhibit A — Scope of Work 1 page
Exhibit B — Budget Detail and Payment Provisions 1 page
Exhibit C* — General Terms and Conditions GTC1005
Exhibit D - Special Terms and Conditions 3 pages
Exhibit E — Confidentiality Statement 1 page
Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.ols.dcis.ca.00v/Standard+Lanauacie/defau/t.htm
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of San Rafael
BY (Authorized �w I DATE SjGNED(�o not type)
PRINTED NAME AND TITLE OF PERSON SIG G ATTEST:
ANDREW THOMPSON, Revenue Supervisor JEANNE `11. LEONCIN , ity et k
ADDRESS
P.O. Box 151560, San Rafael, CA 94915-1560
STATE OF CALIFORNIA
AGENCYNAME
Franchise x Board
BY (Autho&d Si/gn/tu
@S / �/�6'
PRINTED NSE AND TITLE OF PP SON SIGNING
Titus S. Toyama, Chf>sf Financial Officer
ADDRESS
P.O. Box 2086, Rancho Cordova, CA 95741-2086
DATE S GN (Do not type)
�� �
California Department of General
Services Use Only
® Exempt per: SCM 4.04.5.b.
U P L li, ��� �'�'i
aAL
City of San Rafael
EXHIBIT A
SCOPE OF WORK
Agreement #C0525213
This Agreement is entered into by and between the Franchise Tax Board, herein referred to as
(FTB) and the City of San Rafael, herein after referred to as the City.
1. Pursuant to Revenue and Taxation Code Section 19551.1, FTB will provide to the City the
following records obtained from the FTB Taxpayer Information System (TI) and Business
Entity Tax System (BETS) files:
a. Taxpayer name
b. Taxpayer Address
c. Taxpayer Social Security Number or Taxpayer Identification Number
d. Principal Business Activity Code
2. The records will be extracted from information in the FTB files obtained from the 2005 tax
year.
3. The records will be identified by zip codes located within the jurisdictional boundaries of the
City. A database of the identified records will be transmitted to the City.
4. The records will be sent to the City project coordinator on CD -Rom no later than
January 31, 2007. The 2005 data will be sent on two CD's. The first will be sent in
June 2006 containing the most current filings to date. A second CD will be sent in
December 2006, complete with all 2005 filings.
5. The project coordinators during the term of this Agreement will be:
Franchise Tax Board
Erica Gonzales
Data Resources and Services Section
P.O. Box 1468, MS -13-40
Sacramento, CA 95812-1468
Phone: (916) 845-6556
Fax: (916) 845-0412
Franchise Tax Board
Business Acquisitions Unit
Attention: Roshni Caswell
P.O. Box 2086, Mailstop A374
Rancho Cordova, CA 95741-2086
Phone: (916) 845-3700
Fax: (916) 845-3599
Citv of San Rafael
Andrew Thompson
Revenue Supervisor
P.O. Box 151560
San Rafael, CA 94915
Phone: (415) 458-5040
City of San Rafael
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISION
Agreement #C0525213
1. PAYMENT: The City agrees to pay FTB $1,163.00 for 2005 data. Upon receipt of the
executed Agreement, the FTB will invoice the City for its share of the cost for 2005 data,
which shall not exceed $1,163.00.
2. INVOICING: FTB shall render an invoice in triplicate to:
City of San Rafael
Andrew Thompson
Revenue Supervisor
P.O. Box 151560
San Rafael, CA 94915-1560
Upon receipt of the Agreement executed by the FTB and an accompanying invoice, the City
agrees to remit payment of the amount shown on the invoice, within 10 days.
EXHIBIT C
GIA 101
1. APPROVAL: This Agreement is not valid until signed by both parties and approved by
the Department of General Services, if required.
2. AUDIT: The agency performing work under this Agreement agrees that the awarding
department, the Department of General Services, the Bureau of State Audits, or their
designated representative shall have the right to review and to copy any records and
supporting documentation pertaining to the performance of this Agreement if it exceeds
$10,000. The agency performing work agrees to maintain such records for possible audit
for a minimum of three (3) years after final payment, unless a longer period of record
retention is stipulated.
3. PAYMENT: Costs for this Agreement shall be computed in accordance with State
Administrative Manual Section 8752 and 8752.1.
4. AMENDMENT: No amendment or variation of the terms of this Agreement shall be
valid unless made in writing, signed by the parties, and approved as required. No oral
understanding or agreement not incorporated in the Agreement is binding on any of the
parties.
5. SUBCONTRACTING: All subcontracting must comply with the requirements of the
State Contracting Manual, Section 3.06.
6. ADVANCE PAYMENT: The parties to this interagency agreement may agree to the
advancing of funds as provided in Government Code Sections 11257 through 11263.
7. DISPUTES: The agency performing work under this Agreement shall continue with
the responsibilities under this Agreement during any dispute.
8. TIMELINESS: Time is of the essence in this Agreement.
Reference: www.dgs.ca.gov/contracts
City of San Rafael
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
Agreement #C0525213
1. DATA OWNERSHIP: The confidential tax information being provided under this
Agreement remains the exclusive property of the FTB. The City shall have the right to use
and process the disclosed information for the purposes stated in this Agreement, which
right shall be revoked and terminated immediately upon completion of this Agreement.
2. STATEMENT OF CONFIDENTIALITY: The FTB has state tax return information and other
data in its custody, which is confidential data. Unauthorized inspection or disclosure of
state tax return information or other confidential data is a misdemeanor (Revenue and
Taxation Code Section 19542 and 19542.1, and Government Code Section 90005).
The City and each of the City's employees who may have access to the confidential data of
the FTB will be required to sign a statement, Exhibit E, attesting to the fact that he/she is
aware of the confidential data and the penalties for unauthorized disclosure thereof.
3. USE OF INFORMATION: The City agrees that the information furnished or secured
pursuant to this Agreement shall be used solely for the purposes described by this
Agreement. The information obtained shall be used exclusively to administer the city
business license program established by the City. The City further agrees that information
obtained under this Agreement will not be reproduced, published, sold or released in
original or in any other form for any purpose other than identified in this Agreement.
4. EMPLOYEE ACCESS TO INFORMATION: The City agrees that the information obtained
will be kept in the strictest confidence and shall make information available to its own
employees only on a "need to know" basis. The "Need to know" standard is met by
authorized employees who need information to perform their official duties in connection
with the uses of the information authorized by this Agreement. The parties recognize their
mutual responsibilities to protect the confidentiality of the state tax return information as
provided by law and ensures such information is disclosed only to those individuals and of
such purpose, as authorized by the Revenue and Taxation Code.
5. DISCLOSURE OF CONFIDENTIAL INFORMATION: Any unwarranted disclosure or use of
state tax return information or any willful unauthorized inspection of the return information is
an act punishable as a misdemeanor. Inspection is defined to mean any examination of
confidential information. No one other than city business license program employees may
have access, use, and view or manipulate the data being transmitted to the City under this
Agreement. The City, in recognizing the confidentiality of state tax return information,
agrees to take all appropriate precautions to protect from unauthorized disclosure of the
confidential information obtained pursuant to this Agreement. The City will conduct
oversight of its users with access to the confidential information provided under this
Agreement, and will promptly notify the FTB of any suspected violations of security or
confidentiality by its users.
City of San Rafael
EXHIBIT D
SPECIAL TERMS AND CONDITIONS (continued)
Agreement #C0525213
6. INCIDENT REPORTING: All unauthorized or suspected unauthorized access; use and/or
disclosure (incidents) of FTB data shall be reported to the FTB Contact, Erica Gonzales at
(916) 845-6556, immediately upon discovery of the incident. The incident report shall
contain the following: date, time, employee name, description of the incident or
circumstances, and means of discovery. Upon discovery of any such incident, FTB will
make the appropriate notification to affected California Resident(s) pursuant to the
requirements of Civil Code Section 1798.29.
7. IRS INFORMATION: This agreement does not allow for the release of any confidential tax
return information in the FTB files that may have been obtained from sources other than the
taxpayer. No confidential federal tax return information will be provided to the City. This
Agreement does not provide for the exchange of confidential federal tax return information
obtained from the Internal Revenue Service by the FTB.
8. INFORMATION SECURITY: Information security is defined as the preservation of the
confidentiality, integrity, availability, authenticity and utility of information. A secure
environment is required to protect the confidential information obtained from the FTB
pursuant to this Agreement. The City will store information so that it is physically secure
from unauthorized access. The records received by the City will be securely maintained
and accessible only by employees of the city business license program who are committed
to protect the data from unauthorized access, use or disclosure.
9. DESTRUCTION OF RECORDS: All records received by the City from FTB and any
database created, copies made, or files attributed to the records received will be destructed
within three years of receipt. The records shall be destructed in a manner to be deemed
unusable or readable and to the extent that an individual record can no longer be
reasonably ascertained.
10. INDEMNIFICATION: The City agrees to indemnify, defend and save harmless the FTB, its
officers, agents and employees from any and all claims and losses accruing or resulting
from any breach of confidentiality by the City and/or its employees.
11. SETTLEMENT OF DISPUTES: In the event of a dispute, the City shall file a "Notice of
Dispute" with the Assistant Executive Officer, of the Franchise Tax Board within ten (10)
days of discovery of the problem. Within ten (10) days the Assistant Executive Officer, or
his/her designee shall meet with the City and FTB Contact for purposes of resolving the
dispute. The decision of the Assistant Executive Officer shall be final.
12. SAFEGUARD REVIEW: The FTB retains the right to conduct an on-site safeguard review
to the City. The City will be provided a minimum of seven (7) days notice prior to a
safeguard review being conducted by the FTB Disclosure Office. The safeguard review will
examine the adequacy of information security controls established by the City in
compliance with the confidentiality requirements pursuant to this Agreement. The City will
take appropriate disciplinary actions against any user determined to have violated security
or confidentiality requirements.
City of San Rafael
EXHIBIT D
SPECIAL TERMS AND CONDITIONS fcontinuedl
Agreement #C0525213
13. LIMITED WARRANTY: The FTB does not warrant or represent the accuracy or content of
the material available though this Agreement, and expressly disclaims any express or
implied warranty, including any implied warranty of fitness for a specific purpose.
14. CANCELLATION: The City may terminate this Agreement, in writing to the FTB for any
reason, upon thirty days (30) prior written notice. In the event of a voluntary termination,
the City agrees it will not be entitled to a refund. This Agreement may be terminated by
either party in the event of any breach of the terms of this Agreement. The City agrees that
in the event of its breach to the terms of this Agreement it shall destroy all records received
by the City from FTB and any database created, copies made, or files attributed to the
records received immediately upon written notification by FTB. The records shall be
destructed in a manner to be deemed unusable or readable and to the extent that an
individual record can no longer be reasonably ascertained. Upon destruction of the
records, the City will notify FTB of the completed destruction.
City of San Rafael Agreement #C0525213
EXHIBIT E
CONFIDENTIALITY STATEMENT
State of California Franchise Tax Board
Confidential tax return information is protected from disclosure by law, regulation, and
policy. Information security is strictly enforced. Violators may be subject to disciplinary,
civil, and/or criminal action. Protecting confidential tax return information is in the
public's interest, the state's interest, and the city's interest.
A city employee is required to protect the following types of information received from
the Franchise Tax Board:
• Taxpayer name
• Taxpayer address
• Taxpayer social security number or taxpayer identification number
• Principal business activity code
A city employee is required to protect confidential information by:
• Accessing or modifying information only for the purpose of performing official duties.
• Never accessing or inspecting information for curiosity or personal reasons.
• Never showing or discussing confidential information to or with anyone who does not
have the need to know.
• Placing confidential information only in approved locations.
• Never removing confidential information from your work site without authorization.
As a city employee, you are required to know whether information is protected. If you have any
question regarding whether particular information is confidential, check with your department's
project coordinator.
Unauthorized inspection, access, use, or disclosure of confidential tax return information
is a crime under state laws, including but not limited to Sections 19542 and 19552 of the
California Revenue and Taxation Code and Section 502 of the Penal Code. Unauthorized
access, inspection, use, or disclosure may result in either or both of the following:
• State criminal action
• State and/or taxpayer civil action
You are reminded that these rules are designed to protect everyone's right to privacy, including
your own.
I certify that I have read the confidentiality statement printed above. I further certify and
understand that unauthorized access, inspection, use, or disclosure of confidential
information may be punishable as a crime and may result in disciplinary and/or civil
action being taken against me.
Name
Signature Date