AgdaPkt 2020-12-21 Amended Joint SA PFA

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6.A. - Page 70 of 80 Business Cooperation Program an additional component of the Use Tax Audit . MuniServices will also provide its well-established Business Cooperation Program (BCP) to the County. Our team will identify and seek cooperation from local businesses to self accrue their use tax to the County in addition to working with contractors on major construction projects in the County. MuniServices pioneered the BCP service generating significant sales and use tax revenues and is actively working with multiple clients on major construction projects. If the City desires to have MuniServices to operate as the "Backstop" audit service, basic rules will be established to specify when MuniServices could submit sales and use tax errors that would be eligible for our contingency fee compensation. A list of accounts for investigation can be provided for pre -authorization by the City to avoid any duplication of effort with the City's in-house program. Examples of the rules would include the following examples with specific rules established as part of the contract: 1. In order for MuniServices to be credited with the identification and correction of a misallocation, the business must have been located in the city for a minimum of 6 months and we would have to submit the error to the SBOE at least one quarter prior to the city. 2. For Quarter Distribution Report CQDR) reporting errors for businesses that the city had historically been receiving local tax aIIocations, MuniServices would provide the city a one quarter "head start". This would mean that each quarter when the new quarterly payment data is received from the SBOE, MuniServices would not be allowed to submit inquiries until the following quarter giving the city the first opportunity to identify and report any suspected errors. MuniServices' Deliverables • MuniServices will provide quarterly reports identifying each taxpayer reporting error individually submitted to the SBE on the City's behalf, including business name, address, telephone number, California sales tax permit number, individuals contacted, date(s) of contact, nature of business, reason(s) for error, recommended corrective procedure and, if available, estimated sales and use tax revenue that should be forthcoming to the City. • MuniServices will provide status reports on sales tax inquiries filed on behalf of the City with the SBE. These status reports will include a list of accounts filed with the SBE including taxpayer name and address, date of knowledge (I)OK), sales tax permit number, current status of accounts including estimate of amount of local tax due the City, and additional information as requested by the City. • MuniServices will conduct, at the request of the City, sales and use tax technical seminars and sales and use tax audit training. Confidentiality Provisions Through a Resolution that will need to be executed by City Council, MuniServices will be authorized to examine transaction tax, sales tax, and use tax records of the SBE provided to City pursuant to contract under the Bradley -Burns Uniform Sales and Use Tax Law and California Revenue & Taxation Code applicable to transactions and use taxes. If the City adopts a new transaction tax or taxes after the effective date of the agreement entered into between the City and MuniServices the intent is for the work to include that tax or taxes. ATTY/AGR12015.1011MUNISERVICE LLC 79 ATTY/AGR.2020.268/MuniServices LLC (Page 28 of 35)