2014/11/10 City Council Resolution 2014-144RESOLUTION NO. 2014 -144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED
ADMINISTRATIVE AGREEMENT FOR THE COLLECTION OF ASSESSMENTS FOR
THE SONOMA COUNTY TOURISM BUSINESS IMPROVEMENT AREA
WHEREAS; pursuant to the adoption of Sonoma County BIA Ordinance 5 5 2 5 to
establish a Countywide Business Improvement Area (BIA) pursuant to the Parking and
Business Improvement Area Law of 1989 for the promotion of tourism in Sonoma County;
and
WHEREAS, the City has consented to the formation of the BIA and to the collection
of BIA assessments from lodging operators located within the City; and
WHEREAS, pursuant to the BIA Ordinance a levy of two percent (2 %) of rent
charged by lodging operators is assessed (the BIA assessment) on lodging operators
generating total rent greater than $350,000 in the preceding fiscal year; and
WHEREAS, the County has requested that, pursuant to the terms of an administrative
agreement regarding the assessment, collection and remittance of BIA funds (Agreement) the
City collect the BIA assessment and remit quarterly to the County, less an administrative fee
of no more than two percent (2 %) of the BIA assessments collected; and
WHEREAS, the City has initially approved the Agreement for collection of
the BIA assessments from January 1, 2005 through December 31, 2006 and has
authorized several renewals of that Agreement; and
WHEREAS, the County has requested that the City approve the renewal of
the Agreement for collection of assessments through June 30, 2016 with an automatic
renewal for 2 additional years, expiring no later than June 30, 2018 , unless the City or County
notifies the other party of its intent to terminate the Agreement 60 days before the end of a
fiscal year. This Agreement also terminates 90 days after the effective date of any modification
to the BIA that excludes the City from the boundaries of the BIA or should the BIA be
disestablished.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve the renewal of the Agreement with the County of Sonoma for
the City to assess, collect and remit funds for the Sonoma County Tourism Business Improvement
Area (BIA).
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to: (1)
execute the Agreement for and on behalf of the City, in substantially similar form to the
Agreement attached hereto as Exhibit A and incorporated by this reference, (2) take all actions
necessary to effectuate the Agreement, and (3) execute renewals of the Agreement, provided that
there are no substantive changes thereto.
DULY AND REGULARLY ADOPTED this 10 °i day of November, 2014.
ATTEST: "
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OJoAnne M. Buergler, City Clerk
Attachment: Agreement- Exhibit A
CITY OF ROHNERT PARK
Joseph T. Callinan, Mayor
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2014 -144
Exhibit A
AMENDED
ADMINISTRATIVE AGREEMENT FOR COLLECTION
OF ASSESSMENTS FOR
SONOMA COUNTY TOURISM BUSINESS IMPROVEMENT AREA
This Agreement for Collection of Assessments ( "Agreement "), dated for convenience
Sonoma ( "County ")
is made between the City of Rohnert Park ( "City ") and the County of
RECITALS
A. Pursuant to Ordinance #5525 ( "the BIA Ordinance "), the County has formed a
Business Improvement Area ( "BIA ") pursuant to the Parking and Business Improvement Area
Law of 1989 for the promotion of tourism in Sonoma County. Pursuant to the BIA Ordinance, a
levy of two percent (2 %) of rent charged by lodging operators is assessed ( "the BIA
assessments ") on lodging operators generating total gross rent greater than $350,000 in the
preceding fiscal year (July 01 to June 30). The City has consented to the formation of the BIA
and to the collection of BIA assessments from lodging operators located within the City.
B. The BIA Ordinance contemplates that the collection of BIA assessments from
lodging operators within the City may be performed by the City pursuant to an administrative
agreement with the County. The BIA Ordinance permits the City to retain from BIA
assessments the City's actual costs of collection and administration, not to exceed two percent
(2 %) of the BIA assessments collected.
C. City has agreed to collect BIA assessments from lodging operators within its
incorporated area, and City and County desire to memorialize the collection and administrative
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functions to be performed City as contemplated by the BIA Ordinance.
WHEREFORE, the City and County agree as follows:
AGREEMENT
Collection of BIA Assessments. Pursuant to and in conformance with the terms
of the BIA Ordinance, City shall collect BIA assessments from lodging operators within the
incorporated area of the City.
2. Frequency of Collection. City shall collect BIA assessments from lodging
operators on a quarterly basis, no later than the last day of the month following the end of a
calendar quarter. City may collect BIA assessments in conjunction with City's collection of any
transient occupancy tax ( "TOT ") imposed by City on lodging operators.
Registration. City shall require each lodging operator within its incorporated area
to provide such information as City shall deem necessary to collect BIA assessments.
Information previously provided by a lodging operator to a City in connection with TOT
collections may be used by the City for this purpose.
4. Remittance and Reporting to County. City shall remit BIA assessments collected
from lodging operators in the most recent calendar quarter, less any administrative fee permitted
by the BIA Ordinance and this Agreement, to the Sonoma County Tax Collector within 15
business days of the last day of the month following the end of each calendar quarter. City's
remittance of fees shall be accompanied by report showing the aggregate total of gross room
receipts, for the quarter, the total amount of exemptions claimed, the aggregate total of BIA
assessments collected, the amount of administrative fee withheld by the City, and the total net
BIA assessment remitted to the Sonoma County Tax Collector by the City.
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5. Delinquent Remittance to County. If payment is not received by the County from
the City on or before the 15"' business day of the last day of the month following the end of each
calendar quarter, the City will be held liable for a 10% penalty. Said penalty will be calculated
on the amount of BIA assessment received from lodging operators, less any administrative fee
permitted by the BIA Ordinance and this Agreement.
6. Delinquency and Collection. If a lodging operator fails to report and remit BIA
assessments when due, City shall assess and determine delinquencies, penalties, and interest, and
take such actions as are necessary with respect to the assessment and determination of
delinquencies, penalties, and interest as are required and provided in sections 33 -8 and 33 -9 of
the BIA Ordinance.
7. Cooperation with County. In the event a lodging operator appeals any assessment
by the City pursuant to section 33 -10 of the BIA Ordinance, or in the event the County institutes
legal action to collect any delinquent assessments, penalties, or interest owed by a lodging
operator within the City pursuant to section 33 -11 of the BIA Ordinance, the City shall cooperate
with the County in connection with such proceedings by providing documentation and witnesses
reasonably necessary to the conduct of such proceedings.
8. Records and Inspection. City shall retain all records relating to its collection of
BIA assessments and its performance under this Agreement for a period of three years, and shall
allow County to inspect and copy such records upon County's reasonable request. If City
performs an audit of any lodging operator to determine whether the lodging operator has
complied with the City's TOT ordinance or the BIA Ordinance, City shall provide a copy of such
audit to County upon request. Nothing in this Agreement shall prohibit the County from
conducting an independent audit of lodging operators within the City for the purpose of
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determining compliance with the BIA Ordinance. County shall provide a copy of such audit to
City upon request.
9. Documentation of Eligibility for Exemption. The determination of eligibility for
inclusion in the BIA is calculated on a fiscal year basis and liability for payment of the BIA
begins in the fiscal year immediately following the close of the prior fiscal year. By August of
each year, City shall provide County with a list of all lodging operators within the City's
incorporated area and the rent collected by each lodging operator during the prior fiscal year, for
the purpose of determining whether each lodging operator is subject to assessment under section
33 -5(a) of the BIA Ordinance. The amount to be used to determine eligibility is the amount of
rent actually collected in the previous fiscal year, not when TOT was received by the City.
10. Compensation. City may deduct from BIA assessments remitted to County under
this Agreement the City's actual costs of collecting BIA assessments and administering this
Agreement, up to a maximum of two percent (2 %) of the BIA assessments collected by the City.
Notwithstanding the foregoing, for the first two years the BIA exists, the City may deduct two
percent (2 %) of BIA assessments collected.
11. Term, Termination. The term of this Agreement shall commence on the date it is
executed by both County and City, and shall continue until June 30, 2016. Notwithstanding the
foregoing, this Agreement shall automatically renew for 2 additional years, expiring no later than
June 30, 2018, unless City or County notifies the other party of its intent to terminate the
Agreement at the end of the fiscal year. Such notice must be given no later than sixty (60) days
before the end of the fiscal year for termination to be effective. This Agreement shall also
terminate 90 days after (a) the effective date of any modification to the BIA that excludes the
City from the boundaries of the BIA or (b) the effective date of any disestablishment of the BIA
pursuant to section 33 -17 of the BIA Ordinance.
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12. Amendments. This agreement may be amended by the City and the County in
writing, signed by both the City and the County.
13. Notices and Payments
All notices and payments to the parties shall be addressed as follows:
City: Finance Director
County: Auditor - Controller- Treasurer -Tax Collector
County of Sonoma
Post Office Box 3879
Santa Rosa, CA 95402
City of Rohnert Park
By
City Manager
Per Resolution Number 2014- _
Adopted by City Council on November 10, 2014
Date
Approved as to form:
By
County Counsel
Date
County of Sonoma
By
Auditor-Controller-
Treasurer -Tax Collector
Date
10/31/2014