HomeMy WebLinkAboutHdL Companies a dba of Hinderliter de Llamas & Assoc 1st Amendment Agreement - 3-21-241
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO THE AGREEMENT for Consultant Services (First
Amendment) is made and entered into, effective March 21, 2024, by and between the CITY OF
FRESNO, a California municipal corporation (City), and Hinderliter de Llamas
and Associates, dba HdL Companies, a California corporation (Consultant). The
City and Consultant are collectively referred to as the Parties in this Amendment.
RECITALS
The Parties entered into an Agreement for Consultant Services dated February 1st, 2024
(Agreement), for Sales and Use Tax auditing, database information, quarterly Sales Tax
reporting, and revenue projection analysis services for the Bradley Burns 1% local Sales
and Use Tax, as well as the Fresno Clean and Safe Neighborhood Parks Transactions and
Use Tax, also known as Measure P (Project).
The Parties now desire to amend the Agreement to incorporate a confidentiality of information
clause.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, it is mutually agreed that this
First Amendment shall revise the Agreement as follows:
1. Section 31 shall be added to the Agreement as follows:
31. Confidentiality Information
Section 7056 of the State of California Revenue and Taxation Code (R&T Code)
specifically limits the disclosure of confidential taxpayer information contained in the records
of the CDTFA. Section 7056 specifies the conditions under which a city, county or district
may authorize persons other than such city, county or district’s 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 R&T
Code are hereby made part of this Agreement:
(a.) Consultant is authorized by this Agreement to examine sales, use or
transactions and use tax records of the CDTFA provided to City pursuant to contract under
the Bradley-Burns Uniform Local Sales and Use Tax Law R&T Code Section 7200 et.seq.
(b.) Consultant is required to disclose information contained in, or derived from,
those sales or transactions and use tax records only to an officer or employee of City who is
authorized by City resolution provided to the CDTFA to examine the information.
(c.) Consultant is prohibited from performing consulting services for a retailer (as
defined in R&T Code Section 6015), during the term of this agreement.
(d.) Consultant is prohibited from retaining the information contained in or derived
from those sales, use or transactions and use tax records after this agreement has expired.
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Information obtained by examination of the CDTFA 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 Consultant 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.
Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First
Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
[Signatures follow on the next page.]
DocuSign Envelope ID: E6DEBC9C-64C2-4779-9FB1-D9AE0FEF7277DocuSign Envelope ID: E3CB4A3D-BB15-43AD-81D6-C739ACA20FE1
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IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement at
Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Georgeanne A. White,
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Brandon M. Collet Date
Assistant City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
Hinderliter de Llamas and Associates,
a California Corporation
By:
Name: Andrew Nickerson
Title: President/CEO
(If corporation or LLC., Board Chair, Pres.
or Vice Pres.)
By:
Name: Richard Park
Title: CFO
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number:
Name:
Date of Issuance:
CITY:
City of Fresno
Attention: Henry J. Fierro Budget Director
2600 Fresno Street
Fresno, CA 93721
E-mail: henry.fierro@fresno.gov
CONSULTANT:
Hinderliter de Llamas and Associates
Attention: Maria Soto-Sanchez, Contracts
Manager
120 S. State College Blvd.,STE 200
Brea, CA 92821
Phone: 714-879-5000
E-mail: contracts@hdlcompanies.com
DocuSign Envelope ID: E6DEBC9C-64C2-4779-9FB1-D9AE0FEF7277
3/25/2024
DocuSign Envelope ID: E3CB4A3D-BB15-43AD-81D6-C739ACA20FE1
3/25/2024