HomeMy WebLinkAbout069-2021DocuSign Envelope ID: D2FB361A-FE9C-40AA-9875-9F4E15A07FA3
RESOLUTION NO. 69-2021
AUTHORIZING THE AMENDMENT AND NOVATION AGREEMENT 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), 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 Danville Town Council deems it desirable and necessary for authorized
officers, employees and representatives of the Town to examine confidential sales,
transactions and use tax records of the CDTFA pertaining to sales and use taxes or sales
or transactions and use taxes collected by the CDTFA for the Town, pursuant to that
agreement; 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 Section 7056.5
of the California Revenue and Taxation Code 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, 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, the PSA prohibits MRC from performing consulting services for a retailer
during the term of the contract and prohibits MRC from retaining the information
contained in or derived from sales or transaction use tax records after the contract expires;
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; and
WHEREAS, Danville Resolution No. 34-2021 submitted to CDTFA did not contain
adequate verbiage in certain areas regarding limitations on access to confidential data
and this resolution addresses those concerns; 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
DocuSign Envelope ID: D2FB361A-FE9C-40AA-9875-9F4E15A07FA3
may be enacted in the Town; and, be it further
RESOLVED, that by the PSA, 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
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 Resolution No. 34-2021, adopted by the
Danville Town Council on July 6, 2021; 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 the only
person authorized by the Town 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; (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.
PAGE 2 OF RESOLUTION NO. 69-2021
DocuSign Envelope ID: D2FB361A-FE9C-40AA-9875-9F4E15A07FA3
APPROVED by the Danville Town Council at a regular meeting on October 19, 2021, by
the following vote:
AYES: Arnerich, Fong, Morgan, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
DocuSigned by:
D74F385835E14D5...
MAYOR
APPROVED AS TO FORM: ATTEST:
DocuSigned by:
R4c44 R. E44/41
895C6C4OADBF4BF...
EDocuSi
71735A3F04C942F...
CITY ATTORNEY CITY CLERK
PAGE 3 OF RESOLUTION NO. 69-2021