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01-21-2020 MOU Eagle County and TOA Sales Tax CollectionDocuSign Envelope ID: 6316EB8A-EDC3-42A6-9BEF-1556F3B3DF46 u y u ... ,.,,u,,..,.,,, .,, .,,,..,,rstanding Between Eagle County, Colorado and Town of Avon, Colorado - https://g... COO EAGLE COUNTY Agenda Item Details Meeting Jan 01, 2050 - *****Signature Workflow***** Category B. County Manager Subject 55. Memorandum of Understanding Between Eagle County, Colorado and Town of Avon, Colorado Access Public Type Public Content Prepared By: Jill Klosterman Department: Finance Executive Summary: The town of Avon would like access to sales tax information that we get from the state of Colorado. To share this information with them, we put together a Memorandum of Understanding which outlines primarly how the town can use the information, Reviewing Attorney: Holly Strablizky DOCUSigned by: Approved as Cab �IYAI U4� to form: tr • County Manager signature?: Yes EB5241F210E44AA .. Administrative Content • Vendor Authorized Signer Information - o Business Name: Town of Avon, Colorado o Signer Name: Scott Wright o Signer Email Address: swright@avon.org o Signer Phone: 970-748-4055 Executive Content https://go.boarddocs.com/co/eagleco/Board.nsf/goto?open&login&id=BKMULN77422B# 1/1 DocuSign Envelope ID: 6316EB8A-EDC3-42A6-9BEF-1556F3B3DF46 MEMORANDUM OF UNDERSTANDING BETWEEN EAGLE COUNTY, COLORADO AND TOWN OF AVON, COLORADO THIS MEMORANDUM OF UNDERSTANDING ("MOU") is effective as of 1/21/2020 by and between the Town of Avon, Colorado, a body corporate and politic (hereinafter "Town") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, the Colorado Department of Revenue ("CDR") collects sales tax revenue for general sales tax in Eagle County and requires that the County executes a Memorandum of Understanding for Control of Confidential Data to protect the information that is shared between Eagle County and the Colorado Department of Revenue; and WHEREAS, the Town would like to receive the same information that the County receives from CDR for sales tax collection within the Town of Avon; and WHEREAS, this MOU will outline the terms and conditions under which County will share information with Town. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Town and County agree as follows: A. Pursuant to C.R.S. § 29-2-106(4), the County will provide to the Town information concerning local sales taxes collected and administered by the CDR on behalf of Eagle County Government, which is confidential information. The Town will receive such confidential information. The Town, and its designee that receives the CDR confidential information from the County, agrees as follows: 1. To Safeguard Confidential Information: a. By storing and maintaining confidential information in a secure place, physically and/or electronically. b. By keeping adequate records of what confidential information is received and the disposition thereof. c. By restricting access to such information to only those persons whose duties and responsibilities require such access, and to make certain that confidential information is not disclosed to unauthorized persons. d. By using the information obtained pursuant to this agreement only for the purpose of administration and enforcement of the sales and/or use tax laws of Eagle County, Colorado. e. By keeping confidential any related reports sent to the Town from the County. DocuSign Envelope ID: 6316EB8A-EDC3-42A6-9BEF-1556F3B3DF46 f. By allowing the CDR or the County to review the adequacy of the safeguard measures established hereunder. g. By complying with C.R.S. § 24-73-101 et seq., if applicable. 2. To Maintain Accurate Records: a. By taking an active role in identifying retailers within the Town boundaries by, including but not limited to, reviewing monthly reports to determine whether retailers of incorrectly excluded or included in CDR or County reports and timely advising the County of other changes in the Town regarding retailers. It is understood and agreed that if any of these safeguards are violated, the County may refuse to furnish any additional information concerning sales tax revenue. It is also understood that the information obtained pursuant to this MOU shall be used only for the purpose of administration and enforcement of the local and state sales and/or use tax laws and that violators of confidentiality statutes may be subject to criminal prosecution and removal from office. B. This Agreement is effective January 1, 2020, and shall end at 11:59 p.m. on the 31st day of December, 2021 (the initial term). This agreement shall automatically renew for 12 month periods after the initial term (the renewal term). Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Signature Page to Follow DocuSign Envelope ID: 6316EB8A-EDC3-42A6-9BEF-1556F3B3DF46 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER DocuSigned by: S�'A Je�'Tb' thty Manager TOWN: DocuSigned by: By: 64j, lk lw s f2F12BFE88464... Attest: DocuSigned by: By: Vt.In - s eI@fk^g66404...