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RPVCCA_CC_SR_2015_05_05_I_CA_Franchise_Tax_Board_Exchange_Annual_Tax_DataCITYOF MEMORANDUM • s PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: KATHRYN DOWNS, ACTING DIRECTOR OF FINANCE C DATE: MAY 5, 2015 SUBJECT: RENEW AGREEMENT BETWEEN CITY AND THE STATE OF CALIFORNIA FRANCHISE TAX BOARD TO EXCHANGE ANNUAL TAX DATA REVIEWED: DOUG WILLMORE, CITY MANAGERaAA J RECOMMENDATION Adopt Resolution No. 2015- ; AUTHORIZING THE CITY OF RANCHO PALOS VERDES TO RENEW AN AGREEMENT WITH THE STATE OF CALIFORNIA FRANCHISE TAX BOARD AUTHORIZING THE RECIPROCAL AND CONFIDENTIAL EXCHANGE OF TAX DATA. DISCUSSION California Revenue and Taxation Section 19551.5 states that any city that assesses a business tax or requires a business license needs to submit the collected tax administration to the Franchise Tax Board at its request. This information includes business name, address, Federal Employee Identification Number (FEIN) or Social Security Number (SSN), ownership type and business start and end dates. Since January 2009, the FTB and participating California Cities have exchanged tax -related data through the FTB's City Business Tax Program. Data provided by participating cities helps the FTB identify self-employed individuals who have not filed required individual and business entity tax returns. Data provided by the FTB can potentially aid cities in identifying businesses that need to complete local business tax filing requirements (such as the City's business license tax filing and payment). The intent of renewing this agreement is for both the State and participating cities to continue benefiting by bringing in revenue that might not be collected without the mutual exchange and analysis of data. The proposed agreement between the FTB and the City has a term lasting from June 1, 2015 through December 31, 2017. The City agrees to provide the FTB with data annually 1 AGREEMENT RENEWAL BETWEEN CITY AND FRANCHISE TAX BOARD May 5, 2015 Page 2 of 2 in June for 2015, 2016, and 2017. The FTB will provide the City with tax information in December 2015 for tax year 2014, December 2016 for tax year 2015, and December 2017 for tax year 2016. FISCAL IMPACT There is no cost impact to the City. It is unknown how much additional business license tax revenue would be generated as a result of this agreement. Attachments: Resolution No. 2015- (page 3) Agreement between Franchise Tax Board and City - C1400220 (page 5) 2 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE CITY OF RANCHO PALOS VERDES TO RENEW AN AGREEMENT WITH THE STATE OF CALIFORNIA FRANCHISE TAX BOARD AUTHORIZING THE RECIPROCAL AND CONFIDENTIAL EXCHANGE OF TAX DATA. WHEREAS, businesses operating in the City of Rancho Palos Verdes are required to pay all legally mandated local business forms and taxes; and, WHEREAS, the City of Rancho Palos Verdes is required to report required tax information to the State of California Franchise Tax Board annually; and, WHEREAS, self-employed individuals in the State of California are required to file appropriate individual and business entity income tax returns; and, WHEREAS, entering into a reciprocal agreement with the State of California's Franchise Tax Board's City Business Tax program will provide reciprocal tax information that may identify businesses in the City of Rancho Palos Verdes that have local business tax obligations; and, WHEREAS, the term of the agreement between the City of Rancho Palos Verdes and the State of California's Franchise Tax Board's City Business Tax Program will be from June 1, 2015 to December 31, 2017; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The City Council of the City of Rancho Palos Verdes hereby authorizes the City to enter into a reciprocal agreement with the State of California's Franchise Tax Board and hereby approves said agreement, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2: The City Manager is hereby authorized to execute the agreement on behalf of the City. Section 3: This resolution shall take effect immediately. PASSED, APPROVED, AND ADOPTED THIS 5T" DAY OF MAY 2015. MAYOR 3 ATTEST: CITY CLERK State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) I, CARLA MORREALE, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2015- was duly and regularly passed and adopted by the said City Council at a regular meeting held on May 5, 2015. CITY CLERK CITY OF RANCHO PALOS VERDES E, STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER C1400220 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 Rancho Palos Verdes 2, The term of this Agreement is: June 1, 2015 through December 31, 2017 3. The maximum amount $ 0.00 of this Agreement is: NON-FINANCIAL AGREEMENT 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 3 pages Exhibit C* — General Terms and Conditions GTC610 Exhibit D - Special Terms and Conditions 3 pages Exhibit E - City Record Layout Specifications 2 pages Exhibit F - FTB Record Layout Specifications 1 page Exhibit G — 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 http://www.dgs.ca.gov/ols/Resources/StandardContractLanpuage.asax IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR California Department of General Services Use Only CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Rancho Palos Verdes BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING ADDRESS 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 STATE OF CALIFORNIA AGENCY NAME Franchise Tax Board BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING ® Exempt per: SCM 1 - 4.04.A.2 Michael A. Banuelos, Procurement and Contracting Officer or Designee ADDRESS P.O. Box 2086, Rancho Cordova, CA 95741-2086 R City of Rancho Palos Verdes SCOPE OF WORK Agreement # C1400220 This Agreement is entered into by and between the Franchise Tax Board, herein referred to as (FTB) and the City of Rancho Palos Verdes, herein after referred to as the City. Purpose: This Agreement provides for FTB and the City to enter into a reciprocal agreement to exchange tax data specific to city business license information for tax administration purposes. By entering into a reciprocal agreement, each party agrees to bear its own costs of providing the data, and the City is precluded from obtaining reimbursement. Both parties will abide by the legal and confidential provisions of this Agreement. Exhibits A, C, D, E, F, and G, attached hereto and incorporated by reference herein, set forth additional terms to which the parties agree to be bound. No Federal Tax Information will be exchanged. Legal Authority: California Revenue and Taxation Code (R&TC) Section 19551.1 authorizes a reciprocal agreement for the exchange of specified tax information between a city and FTB. RUC Section 19551.5 mandates cities to provide city business licensing and tax information to FTB upon request. City Responsibilities: 1. The City agrees that the information provided by FTB will be used exclusively to administer the City's business tax program. 2. The City 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; and will only be accessed or used by City employees whose duties are to administer the City's business tax program. 3. The City agrees to provide FTB with tax information pursuant to Exhibit E, Format Specifications, which shall include but not be limited to the following: • Business or owner's name. • Business or residence address. • Federal employer identification number or social security number. • Ownership type. • North American Industry Classification Code or Standard Industry Classification Code. • Business start and cessation dates. • City Business Tax Number, to be assigned to the City by FTB. 4. The City agrees to extract and provide City data to FTB annually in June for each tax year that the Agreement is in place: June 2015, 2016, and 2017. If the Agreement is executed after June 30, 2015, the City will have 30 days after execution to provide FTB with the first year's data. 1*1 City of Rancho Palos Verdes F*cm.3kr_1 SCOPE OF WORK (continued) Agreement # C1400220 5. The City agrees to submit the records to FTB electronically using FTB's Secure Web Internet File Transfer (SWIFT) system. 6. The City agrees to submit the records to FTB in ASCII fixed -length format, .txt, per the Format Specifications, Exhibit E. 7. The City agrees to resubmit data in the event data is initially submitted with errors. The resubmission of data must be within 30 days of notification. If data is not submitted accurately and timely, the City will forfeit its rights to FTB data for that year. 8. The City agrees that each City employee having access to FTB data shall sign a City Business Tax Program Confidentiality Statement, FTB 712, (Exhibit G). The signed statement is to be retained by the City and produced to FTB upon request. 9. The City agrees to submit to FTB a completed Safeguard Review Questionnaire prior to receiving FTB data. The Safeguard Review Questionnaire is valid for the duration of the Agreement. 10. The City agrees to provide a copy of the resolution, order, minutes reflecting passage of a motion, or ordinance of the local governing body, authorizing the execution of the Agreement. FTB Responsibilities: 1. FTB agrees that information provided by the City will be used for tax administration and non - tax programs that FTB administers and may be shared with other state or federal agencies as authorized by law. 2. FTB 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, except as provided in paragraph 1 or otherwise authorized by law. 3. FTB agrees to provide the City with data extracted from the Taxpayer Information (TI) and Business Entities Tax System (BETS). FTB will provide the City with records for taxpayers within the city's jurisdiction who indicate a business on their personal or business entity income tax return. The Record Layout, Exhibit F (FTB 909A) shall include : • Taxpayer name. • Taxpayer address. • Taxpayer social security number or federal employer identification number. • Principal Business Activity code. 4. FTB agrees to match the data provided by the City using the social security number or federal employer identification number against FTB's data with a "yes" or "no" indicator on the Record Layout, Exhibit F (FTB 909A). The first year's data match is at the discretion of FTB based on when the data is received from the City and processed. 7 City of Rancho Palos Verdes [:7:1T3fIT_1 SCOPE OF WORK (continued) Agreement # C1400220 5. FTB agrees to provide the City with an annual data extraction in December 2015 for tax year 2014, in December 2016 for tax year 2015, and in December 2017 for tax year 2016 via SWIFT. 6. FTB agrees to register the City for a SWIFT account, allowing for the secure electronic transmission of data. 7. FTB agrees to provide the City with a unique City Business Tax Number to be used for reporting purposes only. 8. FTB agrees to allow the City to resubmit data within 30 days of notification, in the event data is initially submitted with errors. Project Coordinators: The project coordinators during the term of this Agreement will be: Franchise Tax Board Felicia Hicks City Business Tax Program Manager Data Resources and Services Unit P.O. Box 1468, Mailstop A181 Sacramento, CA 95812-1468 Phone: (916) 845-6304 Email: LocalGovtLiaisone-ftb.ca.gov Return executed agreement to: Franchise Tax Board Ta Nita Martinez Business Acquisitions Unit P.O. Box 2086, Mailstop A-374 Rancho Cordova, CA 95741-2086 Phone: (916) 845-7199 Fax: (916) 843-1098 City of Rancho Palos Verdes Kathryn Downs Deputy Director of Finance 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Phone: (310) 544-5216 Email: kathryndCcD-rpv.com No City of Rancho Palos Verdes SPECIAL TERMS AND CONDITIONS Agreement # C1400220 1. DATA OWNERSHIP: The confidential tax information being provided to the City under this Agreement remains the exclusive property of 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 Franchise Tax Board has 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, 19542.1 and 19552). 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 by FTB shall be used for tax administration and nontax programs that FTB administers and may be shared with other state or federal agencies as authorized by law. The City and FTB further agree 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 those identified in this Agreement or as authorized by law. 4. EMPLOYEE ACCESS TO INFORMATION: Both FTB and the City agree 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. Both parties recognize their responsibilities to protect the confidentiality of this information as provided by law and to ensure that such information is disclosed only to those individuals and for such purposes 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 authorized employees may access, use, 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 the confidential information obtained pursuant to this Agreement from unauthorized disclosure. The City will conduct oversight of its users with access to the confidential information provided under this Agreement, and will promptly notify FTB of any suspected violations of security or confidentiality by its users. Each City employee who may have access to the confidential data of FTB will be required to sign a City Business Tax Program Confidentiality Statement, FTB 712 (Exhibit G), attesting to the fact that he/she is aware of the confidentiality of the data and the penalties for unauthorized disclosure thereof. The signed statement(s) shall be retained by the City and furnished to FTB upon request. A City of Rancho Palos Verdes EXHIBIT D SPECIAL TERMS AND CONDITIONS (continued) Agreement # C1400220 6. PROTECTING CONFIDENTIAL INFORMATION/ INCIDENT REPORTING: Both agencies, in recognizing the confidentiality of information exchanged, agree to take all appropriate precautions to protect the confidential information obtained pursuant to this Agreement from unauthorized disclosure. Both agencies will conduct oversight of its users with access to the confidential information provided under this Agreement and will immediately notify the FTB's Information Security Audit Unit (SecurityAuditMaila-ftb.ca.aov) of any unauthorized or suspected unauthorized accesses, uses and/or disclosures (incidents). For purposes of this section, immediately is defined as within 24 hours of the discovery of the breach. The notification must describe the incident in detail and identify responsible personnel (name, title, and contact information). The agency with an incident will comply with the incident reporting requirements in accordance with Civil Code Section 1798.29 and SAM Chapter 5300 to facilitate the required reporting to the taxpayers or state oversight agencies. 7. 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 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 or tax programs who are committed to protect the data from unauthorized access, use, and disclosure. 8. CLOUD COMPUTING ENVIRONMENT: A Cloud Computing Environment cannot be used to receive, transmit, store or process FTB's confidential data without prior approval from FTB's Chief Security Officer. 9. DESTRUCTION OF RECORDS: All records received by the City from FTB and any database(s) created, copies made, or files attributed to the records received will be destroyed within three years of receipt. The records shall be destructed in a manner to be deemed unusable or unreadable and to the extent that an individual record can no longer be reasonably ascertained. The City will notify FTB City Business Tax Program Manager annually in writing at LocalGovtLiaison (d-)ftb.ca.gov that proper destruction methods have been applied. FTB will destroy City data in accordance with the Department's data retention policies. 10. SETTLEMENT OF DISPUTES: In the event of a dispute, the City shall file a "Notice of Dispute" with the Chief Financial Officer of the Franchise Tax Board within ten (10) days of discovery of the problem. Within ten (10) days, the Chief Financial Officer or his/her designee shall meet with the City and the FTB contacts for purposes of resolving the dispute. The decision of the Chief Financial Officer shall be final. 10 City of Rancho Palos Verdes EXHIBIT D SPECIAL TERMS AND CONDITIONS (continued) Agreement # C1400220 11. SAFEGUARD REVIEW QUESTIONNAIRE AND REVIEW: Prior to sending data to the City, FTB requires the City to submit a Safeguard Review Questionnaire certifying the protection and confidentiality of FTB data. The FTB retains the right to conduct an on-site safeguard review of the City. The City will be provided a minimum of seven (7) days' notice prior to an on-site safeguard review being conducted by the FTB Disclosure Office. The on-site 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. 12. LIMITED WARRANTY: Neither party warrants or represents the accuracy or content of the material available through this Agreement, and each expressly disclaims any express or implied warranty, including any implied warranty of fitness for a specific purpose. 13. CANCELLATION: Either party may terminate this Agreement, in writing for any reason, upon thirty (30) days' prior written notice. This Agreement may be terminated by either party in the event of any breach of the terms of this Agreement. Both parties agree that in the event of a breach of the terms of this Agreement, it shall destroy all records and any databases created, copies made, or files attributed to the records received. The records shall be destructed in a manner to be deemed unusable or unreadable and to the extent that an individual record can no longer be reasonably ascertained, upon destruction. 14. NO THIRD PARTY LIABILITY: Nothing contained in or related to this Agreement shall create any contractual relationship between either of the Parties and any other party, except between FTB and the City; and no other party shall relieve the City or FTB of its responsibilities and obligations hereunder. Each of the parties agrees to be fully responsible for the acts and omissions of its third party contractors and agents, and of persons either directly or indirectly employed by the party. Neither of the parties shall have any obligation to pay, or to see to the payment of, any monies to any party or persons either directly or indirectly employed by the other. 11 City of Rancho Palos Verdes Agreement # C1400220 EXHIBIT E CITY RECORD FORMAT SPECIFICATIONS (FTB 909) Data Element Name Start End Field Usage Description Pos. Pos. Size SOCIAL SECURITY NUMBER (SSN) FEDERAL EMPLOYER ID NUMBER (FEIN) OWNERSHIP TYPE 1 9 9 10 18 9 19 19 1 OWNER'S LAST NAME 20 34 15 OWNER'S FIRST NAME 35 45 11 OWNER'S MIDDLE INITIAL 46 46 1 BUSINESS NAME 47 86 40 BUSINESS ADDRESS 87 126 40 NUMBER AND STREET T = Trust L = Limited Liability Company CITY 127 166 40 STATE 167 168 2 ZIP CODE 169 177 9 BUSINESS START DATE BUSINESS CEASE DATE CITY BUSINESS TAX NUMBER 178 185 8 186 193 8 194 196 3 AN Must be present unless FEIN is provided. Fill unused field with zeros. AN Must be present unless SSN is provided. Fill unused field with zeros. AN Must be present: S = Sole Proprietorship P = Partnership C = Corporation T = Trust L = Limited Liability Company AN Must be present if Ownership Type in position 19 = S. AN Must be present if Ownership Type in position 19 = S. AN May be left blank. AN Enter if business is operating under a fictitious name (Doing Business As (DBA)). AN Address of the business location or the residence of the owner if sole proprietorship. A Must be present. A Enter standard state abbreviation. AN Enter the five- or nine -digit ZIP Code assigned by the U.S. Postal Service. If only the first five -digits are known, left -justify information and fill the unused fields with zeros. N Enter the eight -digit date (MMDDYYYY). Zero fill if not known. N Enter the eight -digit date (MMDDYYYY) if out of business. Zero fill if unknown or still in business. N Enter three -digit number assigned by FTB. 12 City of Rancho Palos Verdes Agreement # C1400220 NORTH AMERICAN 197 202 6 N Enter the two- to six -digit NAICS INDUSTRY CLASSIFICATION code. Left justify. (example 99 will SYSTEM (NAICS) be 9900). Fill unused fields with zeros. STANDARD INDUSTRIAL 203 206 4 N Enter the 2-4 digit SIC code. Left CLASSIFICATION (SIC) justify (example 99 will be 9900). Fill unused fields with zeros. TOTAL RECORD LENGTH 206 13 City of Rancho Palos Verdes Agreement # C1400220 EXHIBIT F FRANCHISE TAX BOARD RECORD LAYOUT SPECIFICATIONS (FTB 909A) Field Name Length Start Description Pos. ENTITY TYPE 1 1 "P" — personal income tax record; "B" — business entity tax record. SSN or FEIN 9 2 For "P" records, primary taxpayer's social security number; For "B" records, federal employer identification number. LAST NAME 40 11 For "P" records, the primary taxpayer's last name; For "B" records, business name. FIRST NAME 11 51 For "P" records ONLY. MIDDLE INITIAL 1 62 For "P" records ONLY. SPOUSE SSN 9 63 For "P" records filed with a joint return. SPOUSE LAST NAME 17 72 For "P" records filed with a joint return. SPOUSE FIRST NAME 11 89 For "P" records filed with a joint return. SPOUSE MIDDLE INITIAL 1 100 For "P" records filed with a joint return. PBA CODE 6 101 Principal Business Activity code. ADDRESS NUMBER 10 107 PRE -DIRECTIONAL DIRECTOR 2 117 Postal Service term (i.e., N, S, E, W, NE, NW, SE, SW). STREET NAME 28 119 STREET SUFFIX 4 147 e.g., ST, WAY, HWY, BLVD, etc. POST -DIRECTIONAL INDICATOR 2 151 Postal Service term (i.e., N, S, E, W, NE, NW, SE, SW). STREET SUFFIX 2 4 153 APARTMENT/SUITE NUMBER 10 157 e.g., APT, UNIT, FL, etc. CITY 13 167 STATE 2 180 Standard state abbreviation. ZIP CODE 5 182 The five -digit ZIP Code assigned by the U.S. Postal Service. ZIP CODE SUFFIX 4 187 Provided if known. CBT MATCH 1 191 "N" — No match per CBT data. "Y" — Yes: CBT matched to state tax return filed. 14 City of Rancho Palos Verdes EXHIBIT G CONFIDENTIALITY STATEMENT (FTB 712) Agreement # C1400220 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 best interest of the city and state. As a city employee, you are required to protect all information of or received from the Franchise Tax Board (FTB). To protect confidential tax data, you must: • Access or modify tax data solely to perform official duties. • Never access or inspect tax data for curiosity or personal reasons. • Never show or discuss confidential tax data with anyone who does not have a need to know. • Never remove confidential tax data from your worksite without authorization. • Place confidential information in approved locations only. Unauthorized inspection, access, use, or disclosure of confidential tax data is a crime under state laws, including but not limited to, California Revenue and Taxation Code Sections 19542, 19542.1 and 19552 and Penal Code Section 502. Unauthorized access, inspection, use, or disclosure may result in either or both of the following: • State criminal action • State and/or taxpayer civil action 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 against me. Name Signature Date 15