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HomeMy WebLinkAboutContractDOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 1 CITY OF RENTON DATA SHARING AGREEMENT FOR TAX/LICENSING INFORMATION I.Parties and Contact Information State of Washington Department of Revenue City of Renton Mailing Address PO Box 47456 Olympia, WA 98504-7456 1055 S Grady Way Renton, WA 98057 Delivery Address 6400 Linderson Way SW Tumwater, WA 98501-7456 1055 S Grady Way Renton, WA 98057 Contract Manager: India McKoy Phone: (360) 534-1624 E-mail: dordatasharing@dor.wa.gov Fred Hall Phone: (425) 430-6858 Email: fhall@rentonwa.gov II.Purpose and Authority establish the terms under which the Washington State Department of Revenue () and City of Renton () may voluntarily share information of the types identified below for audits on unregistered businesses pursuant to Revised Code of Washington (RCW) 19.02.115(3)(j), RCW 82.32.330(3)(h), and Renton Municipal Code Title 5. This agreement terminates and replaces K1321. Nothing in this Agreement requires either party to share requested information of any kind or for any purpose. For purposes of this Agreement, information is limited to taxpayers located within your jurisdiction or those who conduct business within your jurisdiction. The Department will, to the best of its ability, use the mailing address, physical location, or reported retail sales activity to identify the taxpayers. III.Attachments This Agreement includes the following attachments, which are to be considered part of this Agreement for all purposes: CAG-24-294 DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 2 Exhibit A Confidentiality and Non-Disclosure Agreement Exhibit B Certification of Data Disposition Exhibit C Data Elements Exhibit D Authorized Users List IV. Definitions A. means a third-party authorized representative(s) of the City or the Department that provides tax enforcement or tax regulation services to the City or the Department. B. means an individual or individuals with an authorized business need to access Data under this Agreement. C. refers to a non-partner data center(s) offering infrastructure, operating system platform, or software services. the National Institute of Standards (NIST) Special Publication 800-145. D. refers to a secret phrase, string of characters, numbers, or symbols used for authentication that is not easily guessable and meets an established industry guideline for complexity and length, such as NIST Special Publication 800-118. E. refers to data classified as at least Category 3 Data under Washington . F. under RCW 19.02.115(1)(b). Confidential Licensing Information is classified as at least Category 3 Data under Classification Standard. G. h RCW 82.32.330(1)(b),(c), & (e). Confidential Tax Information is classified as at least Category 3 Data under Classification Standard. H. means the individual identified on this Agreement who will provide oversight of the activities conducted under this Agreement. I. refers to individual pieces of information. J. refers to enciphering Data with a NIST-approved algorithm or cryptographic module using a NIST-approved key length. K. refers to handheld devices such as tablets, e-readers, and smartphones designed for portability and functionality that are powerful enough to complete the same daily work tasks on a desktop or laptop. L. refers to removable storage media such as magnetic tapes, CDs or DVDs, USB drives, and external hard drives that are designed to transfer stored electronic data. DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 3 M. means an individual or individuals within a state agency authorized to receive Data under this agreement. N. refers to a state-issued device such as a computer, or laptop connected to the state network, which allows an individual to perform daily work tasks. V. Data Classification, Authorized Use, Access and Disclosure A. Data Classification: Data shared under this Agreement is considered confidential and classified as at least Category 3 Data under . B. Permitted Uses: Confidential Licensing Information, Confidential Tax Information and Confidential Information received under this Agreement may be used for official purposes only. C. Permitted Access: Confidential Licensing Information, Confidential Tax Information and Confidential Information may be accessed only have a bona fide need to access such information in carrying out their official duties, and agents that have a bona fide need to access such information for tax enforcement and tax regulation purposes. D. Permitted Disclosure: Confidential Licensing Information, Confidential Tax Information and Confidential Information received under the Agreement must not be disclosed to non-parties unless the disclosure is: 1) Ordered under any judicial or administrative proceeding; 2) Authorized by RCW 19.02.115; 3) Authorized by RCW 82.32.330; or 4) Otherwise expressly authorized by the Department in writing. E. Public Records Requests: In the event that the City reasonably believes that it must disclose confidential or confidential tax information received under this Agreement pursuant to a Public Records Request, the City must give notice to the Department of its intention to disclose. The City shall provide the notice at least fourteen (14) business days in advance of disclosure. The notice shall contain a copy of the Public Records Request, and the notice shall reasonably identify the Confidential Tax Information, Confidential Licensing information, or Confidential Information received under this Agreement that the City believes it must disclose. VI. Information Types A. Any information protected by RCW 19.02.115, including, but not limited to, information created or obtained by the Department in its administration of RCW 19.80 and RCW 59.30, and initial business license applications, renewal business license applications, and business licenses. Confidential Licensing DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 4 Information protected by RCW 19.02.115 is classified as, at least, Category 3 Data under Data Classification Standard. B. Confidential Tax Information : Any information identifiable to a specific taxpayer protected by RCW 82.32.330(1)(b), (c), & (e), including, identity, income, assets, liabilities, tax payments, or actual or possible tax liabilities. Confidential Tax Information protected by RCW 82.32.330 is classified as, at least, Category 3 Data under C. Any information, except Confidential Licensing Information and Confidential Tax Information, that may legally be shared between the parties and is personal or proprietary in nature, or is exempt from public disclosure under RCW 42.56, or other state or federal law. Personal Information as defined in RCW 42.56.230 and RCW 42.56.590(10). Confidential Information is classified as, at least, Category 3 Data under Standard. VII. Requesting, Receiving, and Accessing Information The requesting party is responsible for ensuring that only persons authorized under this section are able to request, receive, or access each type of information from the other party. A. Confidential Licensing Information: Only employees who have been authorized by the City may request, receive, or access Confidential Licensing Information. Authorized agents of the receiving party may receive or access Confidential Licensing Information for tax enforcement and tax regulation purposes only. The City shall ensure agents comply with RCW 19.02.115. Authorized City employees and agents must sign the Confidentiality and Non-Disclosure Agreement, attached at Exhibit A. B. Confidential Tax Information: Only employees who have been authorized by the City may request, receive, or access Confidential Tax Information. Authorized agents of the receiving party may receive or access Confidential Tax Information for tax enforcement or tax regulation purposes only. The City shall ensure agents comply with RCW 82.32.330. Authorized City employees and agents must sign the Confidentiality and Non- Disclosure Agreement, attached at Exhibit A. C. Confidential Information: Any employee or agent authorized by the receiving party may request, receive or access Confidential Information. D. Confidentiality and Non-Disclosure Agreement: The Department requires City employees and agents with access to Confidential Licensing Information and/or Confidential Tax Information to sign a Confidentiality and Non-Disclosure Agreement, with the original kept on file by the City and a copy provided to the Department. The DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 5 Confidentiality and Non-Disclosure Agreement is attached to this Agreement at Exhibit A. E. Authorization: The City will provide the Department with a regularly updated list of persons authorized to request, receive, or access Confidential Licensing Information and Confidential Tax Information. The list shall be updated at least annually and within 30 days of when changes occur. The Department will not disclose Confidential Licensing Information or Confidential Tax Information to any person or party without a signed Confidentiality and Non-Disclosure Agreement on file with the Department. VIII. Information Format Each party will make a good faith effort to accommodate format preferences of the other party (e.g., hard copy, electronic data, CD, secure file transfer, etc.), but nothing in this Agreement requires either party to provide information in any particular format. IX. Confidentiality and Security A. Confidentiality: The City and Department each agree for its employees and agents to keep confidential and secure from unauthorized use, access, or disclosure, all Confidential Data received under the Agreement. B. Ensuring Security: The City and the Department shall each establish and implement physical, electronic, and managerial policies, procedures, and safeguards to ensure that all Confidential Data exchanged under this Agreement is secure from unauthorized use, access, or disclosure. C. Proof of Security: The Department reserves the right to monitor, audit, or investigate the City Confidential Data. The City agrees to provide information or proof of its security policies, procedures, and safeguards as reasonably requested by the Department. X. Statutory Prohibition Against Disclosure A. Criminal Sanctions. RCW 19.02.115(2) prohibits the disclosure of Confidential Licensing Information, except as expressly authorized under RCW 19.02.115(3). RCW 82.32.330(2) prohibits the disclosure of Confidential Tax Information except as expressly authorized under RCW 82.32.330(3). It is a misdemeanor for any person acquiring Confidential Licensing Information or Confidential Tax Information under this Agreement to disclose such information in violation of RCW 19.02.115 and RCW 82.32.330. Additionally, if the person is a state officer or employee, the person must forfeit such office or employment and is incapable of holding any public office or employment in Washington for a period of two (2) years thereafter. RCW 19.02.115(6); RCW 82.32.330(6). DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 6 XI. Inadvertent Disclosure Incidents In the event of any use, access, or disclosure of Confidential Data by the City, its employees, or its agents in material violation of the terms of this Agreement: A. The City shall notify the Department in writing as soon as practicable, but no later than three working days, after determining that a suspected violation has occurred. B. The City shall cooperate with and provide information requested by the Department concerning the circumstances of the breach. C. The City is responsible and liable for costs of notification and any other associated costs and liability arising out of breach of confidentiality in violation of this Agreement. D. The Department may immediately terminate this Agreement and require the certified return or destruction of all records containing Confidential Data received under the Agreement. XII. Data Breach Notification If City employees or its agents detect a compromise or potential compromise in the data security for Department Data such that the data may have been accessed or disclosed without proper authorization, the City shall give notice to the Department within one (1) business day of discovering the compromise or potential compromise. The City or its agents shall take corrective action as soon as practicable to eliminate the cause of and mitigate the effects of the breach and shall be responsible for ensuring that appropriate notice is made to those individuals whose personal information may have been improperly accessed or disclosed. At a minimum, notification to the Department will include: A. The date and time of the event; B. A description of the Department Data involved in the event; and C. Corrective actions the City is taking to prevent further compromise of data. XIII. Data Security Confidential Data provided by the Department shall be stored in a secure physical location and on devices that meet security requirements with access limited to the least number of staff needed to complete the purpose of this Agreement. A. The City agrees to store Data only on one or more of the following media and protect the Data as described: 1. Workstation hard disk drives a. Access to the Data stored on workstation hard disks will be restricted to authorized users by requiring logon to the local workstation using a unique user DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 7 ID and complex password, passphrase, or other authentication mechanism which provide equal or greater security, such as biometrics or smart cards. b. If the workstation is not located in a secure physical location, the hard drive must be encrypted. c. Workstations must be maintained with current anti-malware or anti-virus software. d. Software and operating system security patches on workstations must be kept current. e. Manually lock workstations when left unattended and set workstations to lock automatically after a period of inactivity. Maximum period of inactivity is 20 minutes. 2. Network servers a. Access to Data stored on hard disks mounted on network servers and made available through shared folders will be restricted to authorized users through the use of access control lists which will grant access only after the authorized user has authenticated to the network using a unique user ID and complex password, passphrase, or other authentication mechanism which provide equal or greater security, such as biometrics or smart cards. b. Data on disks mounted to such servers must be located in a secure physical location. c. Servers must be maintained with current anti-malware or anti-virus software. d. Software and operating system security patches on servers must be kept current. 3. Backup tapes or backup media a. The City may archive Department Data for disaster recovery (DR) or Data recovery purposes. b. Backup devices, tapes, or media must be kept in a secure physical location. c. Backup tapes and media must be encrypted if transported offsite. d. When being transported outside of a secure physical location, tapes or media must be under the physical control of staff with authorization to access the Data or transported by a secure courier contracted by the City for transportation purposes. 4. Cloud Storage a. The City isk b. The City will, at a minimum, meet the following requirements: DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 8 I. Encrypt the Data at rest and in transit. II. Control access to the cloud environment with a unique user ID and complex password, passphrase, or stronger authentication method such as a physical token or biometrics. III. Cloud provider Data center(s) and systems must be Service Organization Control (SOC) 2 Type II certified, and/or a Federal Risk Management Program (FedRAMP) certified solution. 5. All Data provided by the Department shall be stored on a secure environment by City staff. The City will implement these policies to ensure this security: a. Staff will not store or place any Department material on any mobile devices or portable media (USB devices, CD/DVD, etc.), unless there is written consent by the Department. b. Staff will not email information provided by the Department to anyone outside of City staff. c. Staff shall only access Department information on a City owned or leased computer. B. Data stored on mobile devices or portable media is only allowed with written consent by the Department. 1. Department Data stored on mobile devices or portable media shall be given the following protections: a. Encrypt the Data. b. Control access to mobile devices with a unique user ID and complex password, passphrase, or stronger authentication method such as a physical token or biometrics. c. Control access to encrypted portable media with a unique complex password, passphrase, or stronger authentication method such as a physical token or biometrics. d. Manually lock devices whenever they are left unattended or set devices to lock automatically after a period of inactivity, if this feature is available. Maximum period of inactivity is 20 minutes. e. Physically protect the mobile device(s) and/or portable media by: i. Keeping them in locked storage when not in use; ii. Using check-in/check-out procedures when they are shared; and iii. Taking periodic inventories. 2. When being transported outside of a secure physical location, mobile devices and portable media with Confidential Department Data must be under the physical control of City staff with authorization to access the Data. 3. Optical disks kept in secure physical locations do not require encryption. C. Protection of Data in Transit. DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 9 The City agrees that any retransmission of Department Data over a network, other than the City internal business network, will be encrypted. XIV. Data Security Audits The City shall obtain audits covering Data security. Data security audits must demonstrate compliance with Data security standards adopted by WaTech, and as set forth in this Agreement. At a minimum, audit(s) must determine whether Data security policies, procedures, and controls are in place to ensure compliance with all Data security requirements set forth herein, and as required by state and federal law. The City will also allow for the Department to conduct contract compliance audits, at the the City is properly and fully complying with all other terms and conditions of this Agreement. XIV. Data Segregation Department Data must be segregated or otherwise distinguishable from non-Department Data. This is to ensure that if the Data is breached through unauthorized access, it can be reported to the Department and when the Data is no longer needed by the City, all Department Data can be identified for return or destruction. XV. Ownership and Retention of Records Records furnished to the City in any medium remain the property of the Department. Except as otherwise expressly provided in this Agreement, the City may retain possession of all such records in accordance with RCW 40.14, Preservation and Destruction of Public Records. XVI. Return or Destruction of Confidential Licensing Information, Confidential Tax Information and/or Confidential Information A. Return or Destruction for Violation: The Department may, at any time, require the return or destruction of all Confidential Licensing Information, Confidential Tax Information and/or Confidential Information provided to the City during the term of this Agreement if Confidential Licensing Information, Confidential Tax Information and/or Confidential Information in the possession of the City has been disclosed, accessed, or used, or is at substantial risk of disclosure, access, or use, in violation of the terms of this Agreement. B. Request for Return or Destruction. Any request for return or destruction of Confidential Licensing information, Confidential Tax Information and Confidential Information must be in writing and provide a reasonable time for compliance. The Department may request certification in writing that all copies of the Confidential Licensing information, DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 10 Confidential Tax Information and Confidential Information have been returned or destroyed. C. Acceptable Destruction Methods. The destruction of any information under this Data destruction procedures. XVII. Disposition of Data A. Upon termination of the Agreement, the City shall dispose of the data received using the data destruction procedures in this Agreement. B. Upon the destruction of Department data, the City shall complete a Certification of Data Disposition, attached to this Agreement as Exhibit B, and submit it to the Department Contract Manager within fifteen (15) days of the date of disposal. XVIII. Data Destruction Procedures The following are acceptable destruction methods for various types of media. At least one method defined under the various types of media must be used to destroy Department Data for that media type. A. Optical discs 1) Incinerate the disc(s); or 2) Shred the discs B. Magnetic tape(s) 1) Degauss; 2) Incinerate; or 3) Crosscut shredding C. Server, workstation, or laptop hard drives or similar media 1) three (3) times using either random or single character data; 2) ; 3) Degauss sufficiently to ensure that the data cannot be reconstructed; or 4) Physically destroy disk(s) D. Portable media 1) three (3) times using either random or single character data; 2) For sol cells to zero; 3) Degauss sufficiently to ensure that the Data cannot be reconstructed; 4) Physically destroy disk(s) or devices; or 5) For SmartPhones and similar small portable devices use one of the following: DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 11 a. If the devices are encrypted and secured with a complex password, the data is considered destroyed. Before disposal or reissue of the device, make sure the data is encrypted and then reset the device to original or new condition; or b. If a Mobile Device Management (MDM) solution for the device exists, enable the remote wipe command to destroy the Data. E. Cloud Storage XIX. Not a Service Agreement Neither party is obligated to provide services or is entitled to compensation under this Agreement. XX. Term and Termination This Agreement is effective on the date of the last signature of the parties and will remain in effect for five (5) years. The parties may enter into five (5) year extensions thereafter. Either party may terminate this Agreement at any time for any reason on fifteen (15) days written notice to the other party. XXI. Dispute Resolution The parties may resolve any dispute according to the specific dispute resolution provisions of this Agreement or by any other informal means. The parties agree to participate in good faith mediation to resolve any disputes relating to this Agreement that are not otherwise resolved prior to any action in court. At any time, either party may initiate formal mediation by providing written request to the other party setting forth a brief description of the dispute and a proposed mediator. If the parties cannot agree upon a mediator within ten (10) working days after receipt of the written request for mediation, the parties shall use a mediation service that selects the mediator for the parties. Each party shall be responsible for one-half of the mediation fees, if any, and its own cost choice of a mutually acceptable alternative resolution method, such as a dispute hearing or dispute resolution board. XXII. Miscellaneous Terms A. Governing Law and Venue. This Agreement shall be governed by the laws of the state of Washington. Any action arising out of this Agreement must be commenced in Thurston County, Washington. DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 12 B. Interpretation. This Agreement shall be interpreted to the extent possible in a manner consistent with all applicable laws and not strictly for or against either party. C. Severability. If any term of this Agreement shall be finally adjudicated by a court of competent jurisdiction to be unenforceable, the remainder of this Agreement will remain in full force and effect. D. Survival. Terms of this Agreement, which by their nature would continue beyond termination, will survive termination of this Agreement for any reason, including without limitation, terms in Sections IX.A. and IX.B. (Confidentiality and Security). E. No Waiver. The failure of either party to enforce any term in any one or more instance will not be construed as a waiver of a future right to insist upon strict performance of the term. F. No Third-Party Beneficiaries. This Agreement is for the benefit of the parties and may not be enforced by any non-party. G. Amendments. No amendment to this Agreement is enforceable unless made in writing signed by personnel authorized to bind the party against whom enforcement is sought. H. Notice. Any notice required by this Agreement is effective only if provided in writing to the Contract Manager designated in Section I. Notice by email is acceptable. I. Merger and Integration. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. J. Legislative Changes. The parties intend this Agreement to remain effective in the event of legislative change to authority cited above. The provisions of this Agreement shall be deemed to change in a manner that is consistent with any changes to cited authority, provided that the change is consistent with the manifest intent of this Agreement and does not conflict with any express provisions. Any such change to this Agreement shall be effective on the effective date of the change in authority. K. Agent Contract Terms and Conditions. The City is responsible for ensuring that all terms, conditions, and certifications in this Agreement are included in any contract with a third-party agent, in which the agent has a bona fide need to access Confidential Licensing Information, Confidential Tax Information, and/or Confidential Information for official tax enforcement or tax regulation purposes. The City shall be responsible for the acts and omissions of any of their agents. DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 13 Signed in counterparts, effective as of the date of the final signature of the parties below: State of Washington City of Renton Department of Revenue ______________________________ _______ ___________________________________ (Signature) (Date) (Signature) (Date) ____________________________________ ___________________________________ (Print Name) (Print Name) ____________________________________ ____________________________________ (Title) (Title) TEMPLATE APPROVED AS TO FORM ONLY Approved as to Legal Form On File______________________________ By:__________________________________ Assistant Attorney General Shane Moloney City Attorney DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 14 EXHIBIT A Confidentiality and Non-Disclosure Agreement this form. Identification: Name: ___________________________________ Title: _______________________________ Employer: _____________________________________________ Phone: _____________________________ Address: ______________________________________________ Email: ______________________________ City, State, Zip: __________________________________________ Scope: Confidential Information under this Agreement includes: Licensing information (RCW 19.02.115) Personal information (RCW 42.56.590) Property tax information (RCW 84.08.210, RCW 84.40.020, RCW 84.40.340) Return and tax information (RCW 82.32.330) Federal tax information (26 USC § 6103) Unclaimed Property (RCW 63.30.820) Other information exempt by law Acknowledgement of Confidentiality: I have read and understand the following obligations and responsibilities: I may use and access Confidential Information for official purposes only as needed to conduct business, and if applicable, as authorized by the data sharing agreement with my employer. I may not use, publish, transfer, sell or otherwise disclose any Confidential Information acquired for any unauthorized purpose. I must protect the Confidential Information and maintain required security safeguards. I must maintain confidentiality after I no longer have access to the Confidential Information. I understand an individual who discloses confidential tax or licensing information to an unauthorized person is guilty of a misdemeanor. A state employee is subject to the loss of their position and the inability to hold public employment in Washington state for two years (RCW 82.32.330(6) and 19.02.115(6)). An individual who discloses property tax information in violation of RCW 84.08.210 is guilty of a gross misdemeanor (RCW 84.08.210(4)). Additional penalties may apply under state or federal laws. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Signature: _____________________________________________ Date Signed: ________________________ Authorization (to be completed by employer): I authorize the individual above to have access to Confidential Information to meet the following business requirements: __________________________________________________________________________________________ __________________________________________________________________________________________ Name: ___________________________________________________ Title: ___________________________ Signature: _______________________________________________ Date: ___________________________ Authority: Supervisor Contract Manager Agency Security Administrator Other:___________________ This form is available in a fillable pdf online at https://insiderevenue.dor.wa.gov/system/files/2023-03/10%200032_new_0.pdf . DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 15 What types of tax or licensing information received from the Department are confidential? This table provides examples of when information your jurisdiction receives from the Department may or may not be shared with others. # Scenario Confidential Information Yes or No? Access 1. The Mayor asks if ABC Painting is reporting sales tax to your city. Yes, detailed information reporting is confidential. Even though the mayor amounts, disclosing whether the business has reported or not is considered a disclosure. If the Mayor has a business need and submitted a signed Confidentiality Affidavit to the Department, the information may be shared. 2. A councilmember asks how much tax Jim Plumbing has reported to your jurisdiction. Yes, detailed information reporting is confidential. If the councilmember has a business need and submitted a signed Confidentiality Affidavit to the Department, the information may be shared. 3. An employee of the fire department wants Automotive indicated on their business license that they would be storing flammable or toxic materials. Yes, the information contained on the business application, including the city addendum, is confidential. If the employee of the fire department has a business need and submitted a signed Confidentiality Affidavit to the Department, the information may be shared. 4. monthly local tax distribution amount is higher than normal due to reporting of one taxpayer. At a council meeting, the difference is discussed but no taxpayer name is disclosed. No, talking about the distribution amounts as a whole and even stating that it is due to one allowed as long as the me and the amount the taxpayer reported is not disclosed. activity (i.e., hotel) cannot be disclosed if there are less than three businesses with that activity in the jurisdiction. General public, City staff, media DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 16 # Scenario Confidential Information Yes or No? Access 5. The Treasurer asks whether a business is registered and if so what is their address? No, any information contained in the on-line Business Registration Lookup is considered public information. (http://dor.wa.gov/content/d oingbusiness/registermybusi ness/brd/) Information contained in the -line Business License Lookup is also considered public information. (http://bls.dor.wa.gov/Licen seSearch) General public, City staff, media 6. Another jurisdiction contacts you to see if ABC Painting has reported sales tax to your jurisdiction. Yes, the information we send one jurisdiction may not be shared with another. The Department provides each jurisdiction the information they are entitled to receive based on how the taxpayer has reported on their Combined Excise Tax Return. The jurisdiction requesting the information should contact the Department to local tax coding. 7. A reporter contacts you to confirm the amount of tax reported by a taxpayer to your jurisdiction. The reporter got the figure from the business. Yes. Even though the reporter got the amount from the taxpayer, any confirmation by a local jurisdiction is considered a release of confidential information. DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 17 NOTE: A local jurisdiction may release taxpayer information if you provide the Department a Confidential Tax Information Authorization form (https://insiderevenue.dor.wa.gov/system/files/2023-03/10%200032_new_0.pdf) signed by the taxpayer. # Scenario Confidential Information Yes or No? Access 8. A Finance Director prepares a report for a council meeting showing the sales tax distributions by NAICS code. Depends on the number of taxpayers: Yes. As a policy, DOR does not disclose information when there are less than three taxpayers in a NAICS code. If there are less than three, the public or the taxpayers involved may be able to determine the income reported by the taxpayers. No. If there are three or more taxpayers, there is no risk of disclosure. If less than three - only the mployees or authorized individuals (mayor, councilperson, etc.) with a business need and a signed Confidentiality Affidavit on file may view the information. Three or more general public, city/county staff, media. DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 18 EXHIBIT B Certification of Data Disposition Date of Disposition ________________ ___ All copies of any data sets related to DSA No. K1495 have been wiped from data storage systems. ___ All materials and non-wiped computer media containing any data sets related to DSA No. K1495 have been destroyed. ___ All copies of any data sets related to DSA No. K1495 that have not been disposed of in a manner described above, have been returned to the Department Contract Manager listed in this Contract. The data recipient hereby certifies, by signature below, that the data disposition requirements as provided in DSA No. K1495 have been fulfilled as indicated above. _________________________________ __________________________________________ (City Contract Manager Printed Name) (City Contract Manager Signature) _________________ (Date) Return original to the Department Contract Manager indicated on page one of this contract. Retain a copy for your records. DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 19 EXHIBIT C Data Elements Provided to the City Request Type Data Fields Frequency Method Business Contact Custom Reports 1. Outside Renton Businesses: Business does not have a Renton address as their physical or mailing address, Business reports local retail sales tax to Renton jurisdiction, AND reports another B&O tax classification other than retailing. 2. Inside Renton Businesses: Business that has Renton listed as their physical and/or mailing address. 3. Use Tax: Business that report use tax to Renton jurisdiction. 4. Active Renton Business: Business that are active in tax system. List of UBI is provided to DOR. Tab 1: UBI, Account Type, Business Name, Active Status, Account Commence Date, Account Cease Date, Address Type, Account Street, Account Street2, Account City, Account State, Account Zip Tab 2: Gross Income to show UBI, Account Name, Calendar Year, Line Code, Gross, Deduction, Taxable Gross Tab 3: Deduction to Show UBI, Account Name, Calendar Year, Line Code, Deduction, Total, Description Tab 4: Local Sale/Use Tax to Show UBI, Account Name, Calendar Year, Line Code, Location Code, Taxable Amount, Tax Due Annually Secure Email Message Kemp, Excise Tax Examiner 4, Taxpayer Account Administration dawinsk@dor.wa.gov Jason Hartwell, Tax Administration Manager, Taxpayer Account Administration jasonh@dor.wa.gov DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 20 5. Workers Comp: Business that have nexus in Renton based on Labor and Industries list of UBI from workers compensat ion risk factor. List of UBI is provided to DOR Ad Hoc Requests 1. This report provides business tax and license reporting data for the last 4 plus current years based on the UBI number(s) provided by City of Renton. Tab 1: UBI, Account Type, Business Name, Active Status, Account Commence Date, Account Cease Date, Address Type, Account Street, Account Street2, Account City, Account State, Account Zip Tab 2: Gross Income to show UBI, Account Name, Calendar Year, Line Code, Gross, Deduction, Taxable Gross Tab 3: Deduction to Show UBI, Account Name, Calendar Ad Hoc Secure Email Message DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 21 Year, Line Code, Deduction, Total, Description Tab 4: Local Sale/Use Tax to Show UBI, Account Name, Calendar Year, Line Code, Location Code, Taxable Amount, Tax Due DOR Contract No. K1495 City Contract No. CAG-24-294 CITY OF RENTON DATA SHARING AGREEMENT Page 22 EXHIBIT D Authorized Users List Authorized users are individuals with access to Confidential Information obtained from the Department of Revenue and approved by the appropriate designated authority. All authorized user(s) must sign the Confidentiality and Non-Disclosure Agreement (Exhibit A). Identification Name Title Confidentiality Agreement Received Date