HomeMy WebLinkAboutC-8184-2 - Contract Governing Access to Confidential Taxpayer Data00
V
CONTRACT GOVERNING ACCESS TO CONFIDENTIAL TAXPAYER DATA
The City of Newport Beach ("City") has retained Avenu Insights and Analytics, LLC
("Avenu/MuniServices") to provide sales and use tax analysis, identify errors and
omissions which may have resulted in deficient payments to the City, detect
misallocations and prepare documentation to the California Department of Tax and Fee
Administration ("CDTFA") to recover revenue.
In order to provide such services, it is necessary for Avenu/MuniServices staff to have
access to confidential sales and use tax records of the CDTFA pertaining to its
administration and collection of sales and use taxes.
Section 7056(b) of the California Revenue & Taxation Code ('RTC') provides that access
to such confidential data by any person other than an employee or officer of a city is
conditioned upon there being an existing Resolution by the City designating the person
to examine the records, data and other information and certifying that the individual meets
the conditions specified in RTC Section 7056(b)(1), including the requirement of RTC
Section 7056(b)(1)(A), that there be an existing contract with the City to examine the sales
and use tax records that meets all requirements of RTC Section 7056(b)(1), subdivisions
(A) through (D).
The City and Avenu/MuniServices wish to enter into a Contract complying with the legal
requirements described in RTC Section 7056.
Therefore, Avenu/MuniServices and the City do hereby further agree as follows:
1. In connection with the sales and use tax analysis and other functions described
above, Avenu/MuniServices (acting through its partners, associates and
employees, whose identities shall be set out in a list maintained by the Finance
Department) is hereby authorized to examine all confidential records and data of
the CDTFA, pertaining to the ascertainment of the sales and use taxes collected
or to be collected by the CDTFA.
2. Avenu/MuniServices, and its partners, associates and employees, will disclose
any information contained in, or derived from, those sales and use tax records only
to officers or employees of the City who are authorized by resolution to examine
the information.
3. Avenu/MuniServices will ensure that each of its partners, associates and
employees who will have access to confidential sales and use tax records has
done each of the following prior to, and as a condition of, access to such records:
a. Read this Contract;
b. Signed the list of Avenu/MuniServices personnel who will be provided with
access to confidential sales and use tax records and information pursuant
to this Contract;
C. Acknowledged through such signature on the Finance Director's list that he
or she is bound by this Contract and by the legal requirements of RTC
Section 7056 with respect to the confidentiality of sales and use tax records;
and
d. Agreed through such signature not to provide consulting services to any
retailer during the term of this Contract.
4. Avenu/MuniServices will return or (at the City's request) ensure the destruction of
all sales and use tax documents disclosed pursuant to this Contract, as well as all
other documents containing information derived from those sales and use tax
documents, prior to the termination of this Contract.
5. This Contract shall terminate ninety (90) days after the termination of the
Avenu/MuniServices' services to the City. Avenu/MuniServices and its personnel
who have been provided with confidential sales and use tax records and
information pursuant to this Contract shall not retain in their files or in any other
document the confidential state sales and use tax information to which they have
received access after this Contract.
[SIGNATURES ON NEXT PAGE]
In witness whereof, Avenu Insights and Analytics, LLC have executed this Contract as of
this day of 2019.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: 4�� z �
AAaron CHar
City Attorney p�'d
ATTEST:
Date:
r
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Gr e . Leung
C y anager
CONSULTANT: AVENU INSIGHTS &
ANALYTICS, LLC, a Delaware limited
liability company
BY: AVENU HOLDINGS, LLC, a
Delaware limited liability
company
Date:
Signed in Cou nterpor'
Paul Colangelo
Chief Executive Officer
Date:
Signed in Counterpart
ITS:
Michael Melka
Chief Financial Officer
[END OF SIGNATURES]
In witness whereof, Avenu Insights and Analytics, LLC have executed this Contract as of
this _ day of _ 2019.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Dater /Iq
By: i% Z
Aar n C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: AVENU INSIGHTS &
ANALYTICS, LLC, a Delaware limited
liability company
BY: AVENU HOLDINGS, LLC, a
Delaware limited liability
company
Date: 09.044..11199
ITS:
Paul Colangelo
Chief Executive Officer
Date: 09.04.1 9
ITS:
Michagl Melka
Chief Financial Officer
(END OF SIGNATURES]