2013/12/11 Council Agenda Packet

I SECTION 5. PORTAL AGENCY SERVICES. a. Generally. The PORTAL AGENCY has the responsibility and authority for overseeing the Vendor's contractual responsibilities to develop,own, operate, maintain and manage the Portal and for managing the operations of the PORTAL AGENCY. It is expressly contemplated that this scope of services includes: i. The implementation, operation and maintenance of replacement or upgrades of the Portal as necessary or appropriate. ii. The development and adoption of rules for access, use and maintenance of the Portal by City Participants,Taxpayers and Licensees. iii. Expansion of the scope of services offered through the Portal if approved per Subsection 5.c below. iv. Other responsibilities reasonably necessary for the development, operation and maintenance of the Portal. v. Other related or ancillary services. b. Limitation on Authority. The PORTAL AGENCY shall have no authority to set tax rates or tax classifications for Participating Cities, to set local tax policy, tax rules,deductions or exemptions; or take enforcement action on behalf of any Participating City. The PORTAL AGENCY is created by the Principals to manage the Participating Cities'joint participation in the facilitation of an exclusively governmental activity, specifically,the collection of certain local taxes. c. Expansion of Scope of Services. The Portal will be initially established with the capability to handle payment of Gross Receipts Taxes and filing of applications for Business Licenses. PORTAL AGENCY may provide additional capability to pay additional types of city taxes or application for additional types of city licenses through the Portal only upon approval of a Supermajority Vote of the Executive Board;provided, however, that the cost of service expansions will be allocated only to those Participating Cities electing to participate in such services. d. Requirement of Participating Cities to Utilize Services of Portal. i. Gross Receipts Tax Collection Services: Participating Cities shall be required to offer their Taxpayers the option of paying Gross Receipts Taxes through the Portal, if and to the extent such taxes are imposed by a Participating City. ii. Other Services: Except as required by Subsection 5.d.i above, no Participating City shall be required to utilize any other service.of the Portal without the prior written approval of such City. iii. Provision of Alternate Collection Options by Participating Cities. Nothing in this Agreement shall be interpreted to preclude a Participating City from 8 v. 11.5.13 13