02-021 Franchise Tax Board STATE OF CALIFORNIA
o~ FRANCffiSE TAX BOARD
~,~...' Attn: Nel Bohling MS-B27
~~,~ ao PO Box 2086
""~~ . Rancho Cordova CA 95741-2086
`^~~•o ~~' Telephone (916) 845-7870
Fax (916) 845-6066
i
l i ~~ /~
KATHLEEN CONNELL
Chair
JOHN CHIANG
Member
B. TIMOTHY GAGE
Member
February 21, 2002
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Attn: Mrs. Carol Atwood
Subject: Agreement # C2121139
Dear Contractor:
In an effort to streamline the way the State of California conducts business, we are in the process of standardizing current
contracting procedures and formats. The first step toward achieving this goal is to eliminate unnecessary duplication of
agreement language and documentation. You will note that vi the new format of the Standard Agreement (STD 213), a
copy of the General Terms and Conditions (GTC) is not provided. The GTC's are available on the Internet at
www.dgs.ca.gov/contracts and may be downloaded and printed for your files. However, if you do not have Internet
capabilities, you may request a hard copy by contacting the person listed in the paragraph below.
This Agreement cannot be considered binding on either party until approved by appropriate authorized State agencies.
No services should be provided prior to approval, as the States is not obligated to make any payments on any Agreement
prior to fmal approval. Expeditious handling of this Agreement is appreciated. For inquiries regarding this Agreement,
please call Nel Bohling @ (916) 845-7870.
Complete the following item(s) and return to the address stated above:
Standard Agreement (STD 213) with attached exhibits. Sign the first page of the standard agreement package
(STD 213) and the additional STD 213 enclosed and return for further processing.
Payee Data Record (STD 204). No payment can be made unless this form is completed and returned.
Contractor Certification Clauses (CCC). The CCC package contains clauses and conditions that may apply to
your Agreement and to person(s) doing business with the State of California. The CCC will be kept on file in a
central location and must be renewed every three (3) years and updated as changes occur. It is available on the
Internet at www.dgs.ca.gov/contracts. Please sign and return the first page of the current CCC. Failure to do so
will prohibit the State of California from doing business with your company.
A copy of your insurance certification which states coverage will not be canceled without 30 days written notice
to the State of California, and which also includes the ;Mate of California, its officers, agents, and employees as
additional insureds.
The attached Agreement has been signed on behalf of the Franchise Tax Board. Continue processing and when
approved, return the original to this office.
x The attached approved Agreement is for your record:>. You are now authorized to provide the agreed upon
services.
T ank You ~- l
Ne Bohling ~-~`^-
Contract Administrator
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 09/01)
AGREEMENT NUMBER
C2121182
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 Cupertino
2. The term of this
Agreement is: December 14, 2001 through January 31, 2003
3. The maximum amount $1,400.00
of this Agreement is: One Thousand Four Hundred ~~nd 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 GTC 201
Check mark one item below as Exhibit D:
® Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement) 2 pages
Exhibit - D"' Special Terms and Conditions
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 ~vv~vv.dc~s.ca.c~ovJcor7tracts
IN WITNESS WHEREOF, this Agreement has been executed by thle parties hereto.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of Cupertino
BY (Authorized Signature) DATE SIGNED(Do not type)
,~
PRINTED AME AND TITLE OF PERSON SIGNING
ADDRESS
10300 Torre Ave
Cupertino, CA 95014
STATE OF CALIFORNIA
AGENCY NAME
Franchis Boar
BY (Auth rizerJ Signa ur DAT IGNE (Do not type)
r,A_, ,
PRINTED A AND TITL PE ON SIGNING
Titus S. Toya a ~ef Financial Officer
ADDRESS
P.O. Box 2086, Rancho Cordova, CA 95741-2086
California Department of General
Services Use Only
® Exempt per: SCM 404.6.2.
City of Cupertino
EXHIBIT A
SCOPE OF WORK
Agreement # C2121182
This Agreement is entered into by and between the Franchise Tax Board, herein referred to as
(FTB) and the City of Cupertino, herein after referred to as the City.
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 Taxp~3yer Identification Number
d. Principal Business Activity Code
2. The records will be extracted from information in the FTB files obtained from the 2001 tax
year.
3. The records will be identified by zip codes loc~~ted within the jurisdictional boundaries of the
City. A database of the identified records will !retransmitted to the City.
4. Information will be transmitted to the City project coordinator by way of a 3 %2 inch diskette,
or CD-Rom.
5. The records will be transmitted to the City no l;~ter than January 31, 2003.
6. The project coordinators during the term of thi:~ Agreement will be:
Franchise Tax Board
Deborah Barrett
Information Management Bureau
P.O. Box 1468
Sacramento, CA 95812-1468
Phone: ~ (916) 845-4301
Fax: (916) 845-0412
City of Cupertino
Carol Atwood
Administrative Services Director
10300 Torre Ave.
Cupertino, CA 95014
Phone: (408) 777-3220
Franchise Tax Board
Business Contracts Unit
Attention: Nel Bohling
P.O. Box 2086
Rancho Cordova, CA 95741-2086
Phone: (916) 845-7870
Fax: (916) 845-6066
City of Cupertino
Carol Ferrell
Finance Director
10300 Torre Ave.
Cupertino, CA 95014
Phone: (408) 777-3280
Cityof Cupertino
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISION
Agreement # C2121182
1. PAYMENT: The City agrees to pay FTB $1,400.00. This amount is subject to adjustment
depending on the number of participating cities. Upon the receipt of executed contracts from
all other participating cities, the FTB will invoicE~ the City for its share of the cost, not to
exceed $1,400.00. The total cost shall not exceed $1,400.00.
2. INVOICING: FTB shall render an invoice in triplicate to:
City of Cupertino
Carol ,4twood
Administrative :services Director
10300 Torre Ave.
Cupertino, CA 95104
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.
City ~of Cupertino
EXHIBfT D
SPECIAL TERMS AND CONDITIONS
Agreement # C2121182
STATEMENT OF CONFIDENTIALITY: The Franchise Tax Board has tax returns and other
data in its custody which is confidential data. llnauthorized inspection or disclosure of State
returns or other confidential data is a misdemeanor (Sections 19542 and 19542.1, Revenue
and Taxation Code and 90005, Government Code). Unauthorized inspection or disclosure of
confidential data that includes Federal returns ~~nd other data is a felony (Sections 7213(a)(1)
and 7213A(a)(1)(B) Internal Revenue Code).
The City and each of the City's employees who may have access to the confidential data of
the Franchise Tax Board will be required to sign a statement attesting to the fact that he/she
is aware of the confidential data and the penalties for unauthorized disclosure thereof
2. 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 section. The
information obtained shall be used exclusively i:o administer the City Business Tax 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 these sections.
3. 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. Need to know are those 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 ~~nly to those individuals and of such purpose,
as authorized by the Revenue and Taxation Code.
4. DISCLOSURE OF CONFIDENTIAL INFORMATION: Any unwarranted disclosure or use
of tax return information or any willful unauthorized inspection of the return information is
an act punishable as a misdemeanor. Inspecti~~n is defined to mean any examination of
confidential information. No one other than City Business Tax License Department
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 appropri~ite 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, anti will promptly notify the FTB of any
suspected violations of security or confidentiality by its users by contacting the Franchise
Tax Board Disclosure Officer at (916) 845-322Ei.
City of Cupertino
EXHIBIT D
SPECIAL TERMS AND CONDITIONS(continued~
Agreement # C2121182
5. NON-IRS INFORMATION: This agreement does not allow for the release of any confidential
tax return information in the FTB files that ma~~ have been obtained from sources other than
the taxpayer. No confidential Federal Tax Re1:urn information will be provided to the City.
This agreement does not provide for the exch;~nge of confidential federal tax returns or
confidential tax return information obtained from the Internal Revenue Service by the FTB.
6. 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 bye the city will be securely maintained and
accessible only by employees of the City Business Tax Department who are committed to
protect the data from unauthorized access, use or disclosure.
7. DESTRUCTION OF RECORDS: All records received by the agency from FTB and any
database created, copies made, or files attributed to the records received will be destructed
within one year of receipt. The records shall be destructed in a manner to be deemed
unusable or readable and to the extent that ari individual record can no longer be reasonable
ascertained. Upon destruction of the records, the City will notify FTB of the completed
destruction.
8. INDEMNIFICATION: The City agrees to indemnify, defend and save harmless the State, 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.
9. 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)d~~ys of the Assistant Executive Officer or his/her
designee shall meet with the City and Project Manager for purposes of resolving the dispute.
The decision of the Assistant Executive OfficE~r shall be final.
In the event of a dispute, the language contained within this agreement shall prevail over any
other language including that of the bid proposal
City of Cupertino
EXHIBIT D
SPECIAL TERMS AND CONDITIONS (continue~~
Agreement # C2121182
10. SAFEGUARD AUDITS: The FTB retains the right to conduct on site safeguard review
audits to the receiving city. The receiving agency will be provided a minimum of seven (7)
days notice of a safeguard review being conducted by the FTB Disclosure Office. The
safeguard review ill examine the adequacy of information security controls established by
the City in compliance to the confidentiality rE~quirements pursuant to this Agreement. The
City will take appropriate disciplinary actions against any user determined to have violated
security or confidentiality requirements.
11. 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.
12. CANCELLATION: The City may terminate tf•iis Agreement, in writing to the FTB for any
reason, upon thirty days (30) prior written noi:ice. In the event of a voluntary termination,
the City agrees it will not be entitled to a refund. This Agreement and may be terminated by
either party in the event of any breach of the terms of this Agreement.
City of Cupertino
EXHIBfT E
State of California
Confidentiality Statement
Agreement # C2121182
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 clity'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 .'s confidential, check with your department's
project coordinator.
Unauthorized inspection, access, use, or discl~~sure 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.
1 certify that /have read the confidentiality statement printed above. I further certify and
understand that unauthorized access, inspection, use, or disclosure of confidential
information maybe punishable as a crime and may result in disciplinary and/or civil
action being taken against me.
Name
l f-tT-cc~00~
Signature j~~~~ L~~~~~ Date ~_ 3D_ ~2
~/ c
3.22.010
Chapter 3.22
PURCHASE OF SUPPLIES AND
EQUIPMENT
Sections:
3.22.010 Purpose of chapter.
3.22.020 Definitions.
3.22.030 Purchasing Officer.
3.22.040 Purchase orders or check
requests needed-Use of petty
cash funds.
3.22.050 Availability of funds.
3.22.060 Purchase orders, check
requests or awards of
contracts-Bidding required
when-Exceptions.
3.22.070 Purchases from other public
agencies.
3.22.010 Purpose of chapter.
This chapter is enacted to set forth policy to
establish efficient procedures for the purchase of
supplies, materials, equipment and services at the
lowest possible cost commensurate with quality
needed, and to cleazly define authority for the pur-
chasing function of the City. (Ord. 1582 § 1 (part),
1992)
3.22.020 Definitions.
For the purposes of this chapter, the following
words and phrases shall have the meanings ascribed
to them by this section.
1. "City" means and includes all the territory
lying within the municipal boundaries of the City of
Cupertino.
2. "Purchases." Purchases of supplies and
equipment shall include leases or rentals, as well as
transactions by which the City acquires ownership.
3. "Purchasing Officer" means the Finance Direc-
tor of the City or any other official designated by
the City Manager for administration of this chapter.
4. "Services" means any and all services includ-
ing, but not limited to, equipment service contracts.
The term does not include services rendered by City
officers or employees, or professional or other ser-
viG~s which are by nature unique or for which the
procedure for procurement is specifically provided
by law.
:i. "Supplies," "materials" and "equipment"
me:3ns any and all articles, things or personal prop-
ert}~ furnished to or used by any City function. (Ord.
15f,2 § 1 (part), 1992)
3.2:2.030 Purchasing Officer.
A. The Purchasing Officer of the City is vested
with the authority for the purchase of supplies,
materials, equipment and services. When the provi-
sio~is and intent of this chapter may be best served
by so doing, the Purchasing Officer may authorize
in writing any department to investigate, solicit bids
or t:o negotiate the purchase or award of contracts
for supplies, materials, equipment or services for
that: department, provided that such shall be done in
conformity with the procedures prescribed by this
chapter or by duly adopted administrative rules and
regulations pertaining thereto.
13. The Purchasing Officer shall have the
responsibility and authority to:
1. Purchase or contract for materials, supplies,
equipment and services to be performed as may be
required by any department of the City in accor-
dance with procedures prescribed by this chapter or
by ;such administrative rules and regulations as the
Purchasing Officer may adopt pursuant thereto;
2.. Prepaze and adopt administrative rules and
regulations not in conflict with the provisions of this
chapter for the purpose of carrying out the require-
ments and intent of this purchasing system. (Ord.
1582 § 1 (part), 1992)
3.2':.040 Purchase orders or check requests
needed-Use of petty cash funds.
~~. Purchases of supplies, materials, equipment
or services shall be made only by means of purchase
ordE;rs or check requests processed and issued pursu-
ant to this chapter. The purchase orders or check re-
quests shall be valid only when signed by the City
Ma~~ager, the Purchasing Officer or other persons as
ccti~m ~z-mot 90
2.48.010
Chapter 2.48
DEPARTMENTAL ORGANIZATION
Sections:
2.48.010 Purpose.
2.48.020 Departments and divisions.
2.48.030 Authority of City Manager.
2.48.010 Purpose.
The purpose of this chapter is to provide for a
more efficient organizational structure for the City,
to designate its departments and divisions, and to
describe their functions. (Ord. 484 § 1, 1971)
2.48.020 Departments and divisions.
The following departments are established:
A. Department of Administrative Services.
1. This department shall consist of the following
divisions:
a. City Clerk Division. This division shall be
chazged with the duties and responsibilities of a City
Clerk as set forth by State statute and Chapter 2.20
of the Municipal Code.
b. Finance Division. This division shall be re-
sponsible for the day-to-day processing of fiscal
records, the preparation of financial statements and
the annual operating budget, the compilation of
fiscal data from which a capital improvements bud-
get may be constructed, and the preparation of other
statistical and fiscal analysis.
c. Human Resources Division. This division
shall be responsible for code enforcement, person-
nel, disaster prepazedness, risk management and
special projects.
2. The Director of Administrative Services shall
be head of this department, with the City Clerk
being responsible for the activities within the City
Clerk Division, the Finance Officer being responsi-
ble for the activities within the Finance Division,
and the Personnel Officer being responsible for
activities within the Human Services Division.
3. The Director of Administrative Services also
shall be appointed Treasurer and also shall act as ex
officio Assessor and shall assess and collect all City
taxes save and except for those collected by State
and County officers for the City.
B. Department of Community Development.
1. This department shall have the following
divisions:
a. Planning Division. This division shall be
responsible for current and long-range planning, the
development and maintenance of the general plan
and specific plans, and the processing of applica-
tions for use permits, variances, and changes of zon-
ing, and the sign ordinance.
b. Building Division. This division shall be
responsible for the enforcement of the building
codes, the sign ordinance and other similaz regula-
tory ordinances.
2. The Director of Community Development
shall be the head of this department, with the Build-
ing Official being responsible for activities within
the Building Division.
C. Department of Public Works.
1. This department shall have the following
divisions:
a. Engineering and Administrative Division.
This division shall be responsible for providing
engineering services and general administration for
the Department of Public Works.
b. Street Maintenance Division. This division
shall be responsible for the maintenance of all
streets, storm drains, street lights, sidewallcs, curbs,
gutters, easements and medians.
c. Facilities and Water Division. This division
shall be responsible for all buildings, and the opera-
tion and maintenance of the water utility.
d. Parks Division. This division shall be respon-
sible for the maintenance of all pazk sites and the
leased school sites..
e. Traffic Division. This division shall be re-
sponsible for the design and maintenance of trans-
portation facilities and the operation and mainte-
nance of the city's traffic signals.
2. The Director of Public Works shall be the
head of this department.
D. Department of Pazks and Recreation.
1. This department shall be responsible for:
39 cc~«tim ~z-vs>
RESOLUTION N0.02-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO.O1-186 AND APPOINTING TREASURER
AND DEPUTY TREASURER
WHEREAS, the City has available funds to invest in accordance with principles of sound
treasury management; and
WHEREAS, the City annually adopts an investment policy;
WHEREAS, the City invests funds in accordance with provisions of California
Government Code Section 53600; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Cupertino
hereby rescinds Resolution No. 01-011 and appoints Carol Atwood City Treasurer and Carol
Ferrell Deputy Treasurer effective January 22, 2002; and
BE IT FURTHER RESOLVED that the City Treasurer is empowered and specifically
authorized to invest and reinvest City funds in accordance with California Government Code
Section 53600; to buy, sell, trade and deal in authorized securities on margin or otherwise in
connection therewith and to pledge any and all securities for future delivery thereof.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 22nd day of January 2002 by the following vote:
Vote Members of the City Council
AYES: Lowenthal, Chang, James, Kwok, Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
APPF:OVED:
Mayor, City of Cupertino
ATTEST:
City Clerk