15-1016_HDL COMPANIES_ Personal Services Agreement First Amendment FIRST AMENDMENT TO
PERSONAL SERVICES AGREEMENT
This Amendment to the Personal Services Agreement between the City of San
Juan Capistrano ("City"and HdL Companies, ("Consultant') is made and entered into,
to be effective the I to II day of October, 2015, as follows:
RECITALS
WHEREAS, the City and Consultant have entered into a Personal Services
Agreement dated August 31, 2015, for Sales Tax and Property Tax Audit and Reporting
Services and the Statistical Reporting Package for the Comprehensive Annual Financial
Report (CAFR), (the "Agreement"); and,
WHEREAS, the City and Consultant desire to amend the terms of the Agreement
as provided hereunder.
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained therein, City and Consultant agree to amend the Agreement as follows:
Section 18. Confidentiality Requirements
Section 7056 of the State of California Revenue and Taxation code specifically
limits the disclosure of confidential taxpayer information contained in the records of the
State Board of Equalization. This section specifies the conditions under which a CITY
may authorize persons other than CITY 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 Revenue and Taxation Code are hereby made part of this agreement.
a. CONTRACTOR is authorized by this Agreement to examine sales, use or
transactions and use tax records of the Board of Equalization provided to
CITY pursuant to contract under the Bradley-Burns Uniform Sales and Use
Tax Law.
b. CONTRACTOR is required to disclose information contained in, or derived
from, those sales, use or transactions and use tax records only to an officer or
employee of the CITY who is authorized by resolution to examine the
information.
C. CONTRACTOR is prohibited from performing consulting services for a
retailer, as defined in California Revenue & Taxation Code Section 6015,
during the term of this Agreement.
d. CONTRACTOR is prohibited from retaining the information contained in, or
derived from those sales or transactions and use tax records, after this
Agreement has expired. Information obtained by examination of Board of
Equalization 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 CONTRACTOR 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.
All other provisions of the Agreement not amended hereunder shall remain in full
force and effect.
CITY OF At JUAN AP RANO
By:
Dqv,d a'fT �o Keith ill, n erim City AND
CONSULTANT
By:
Andrew Nickerson, Presi en
HdL Companies
ATTES
By:
Mar o ris, City Clerk
APPROVED AS TO FORM:
BY:
Jeffrey all' ger," ' Attorney