HomeMy WebLinkAbout034-2021DocuSign Envelope ID: OEAAB5BB-D318-4AAC-AC63-DE1 EC5014463
RESOLUTION NO. 34-2021
AUTHORIZING THE AMENDMENT AND NOVATION AGREEMENET
BETWEEN MUNICIPAL RESOURCE CONSULTANTS AND MUNISERVICES, LLC
FOR EXAMINATION OF SALES, TRANSACTIONS AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 14, §5, the Town of Danville entered into a
contract with the California Department of Tax and Fee Administration (CDTFA),
formerly State Board of Equalization, to perform all functions incident to the
administration and collection of the Transactions and Use Tax Ordinances and the local
sales and use taxes; and
WHEREAS, the Town deems it necessary for authorized representatives of the Town to
examine confidential sales, transactions and use tax records of the CDTFA pertaining to
sales, transactions and use taxes collected by the CDTFA for the Town; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of the CDTFA's records and establishes
criminal penalties for the unlawful disclosure of information contained in, or derived
from sales or transactions and use tax records of the CDTFA; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code requires that
any person designated by the Town shall have an existing contract to examine the
Town's sales, transactions and use tax records; and
WHEREAS, the Town has an existing Professional Services Agreement (PSA) with
Municipal Resources Consultants (MRC), a legal entity of MuniServices, to examine the
Town's sales, transactions and use tax records; and
WHEREAS, it has been determined that the PSA should be in the name of
MuniServices, the legal entity that owns MRC, and that the PSA can be assigned to
MuniServices only with the Town's consent; now, therefore, be it
RESOLVED, that MuniServices is hereby substituted for MRC and is designated and
authorized to examine all of the sales, transactions and use tax records of the CDTFA
pertaining to all sales and use taxes collected for the Town and any transaction and use
taxes collected for the Town and any future transactions and use tax ordinances that
may be enacted in the Town; and, be it further
RESOLVED, that by the Professional Services Agreement, MuniServices, LLC shall be
entitled to all rights, title, and interest of MRC in and to the assigned agreement in as
much as MuniServices is the substituted party to the assigned agreement as of and after
the effective date; and, be it further
DocuSign Envelope ID: OEAAB5BB-D318-4AAC-AC63-DE1 EC5014463
RESOLVED that the Town of Danville and MuniServices shall be bound by the terms
of the assigned agreement in every way as if MuniServices is named in the novated
assigned agreement in place of MRC; and, be it further
RESOLVED that the information obtained by examination of the CDTFA's records
shall be used only for purposes related to the collection of the Town's sales, transactions
and use taxes by the CDTFA pursuant to the contracts between the Town and the
California Department of Tax and Fee Administration and for purposes relating to the
governmental functions of the Town listed in this resolution; and, be it further
RESOLVED that this Resolution supersedes all prior sales, transactions and use tax
resolutions of the Town adopted pursuant to subdivision (b) of Revenue and Taxation
Code Section 7056; and, be it further
RESOLVED, that the Finance Director/Treasurer or other officer or employee of the
Town designated in writing by the Finance Director/ Treasurer to the CDTFA is also
hereby appointed to represent the Town with the authority to examine those sales,
transactions and use tax records of the CDTFA for purposes related to the following
governmental functions of the Town: (a) tracking and economic development; (b)
forecasting and budget related functions; and (c) detecting misallocations and
deficiencies; and the information obtained by examination of CDTFA records shall be
used only for those governmental functions of the Town listed above.
APPROVED by the Danville Town Council at a regular meeting on July 6, 2021, by the
following vote:
AYES: Arnerich, Fong, Morgan, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
DocuSigned by:
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MAYOR
APPROVED AS TO FORM: ATTEST:
DocuSigned by:
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CITY ATTORNEY CITY CLERK
PAGE 2 OF RESOLUTION NO. 34-2021