2021/09/28 City Council Resolution 2021-106 RESOLUTION NO. 2021-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AUTHORIZING DESIGNATED CITY OFFICIALS AND
HINDERLITER DE LLAMAS AND ASSOCIATES EXAMINATION OF SALES OR
TRANSACTIONS AND USE TAX RECORDS
WHEREAS, pursuant to state law and Title 3 of the Rohnert Park Municipal Code, the
City of Rohnert Park (City) entered into a contract with the California Department of Tax and
Fee Administration(Department) to perform all functions incident to the administration and
collection of sales and use taxes; and
WHEREAS, pursuant to Revenue and Taxation Code section 7270, the City entered
into a contract with the California Department of Tax and Fee Administration (Department) to
perform all functions incident to the administration and collection of transactions and use taxes;
and
WHEREAS, the City Council of the City of Rohnert Park deems it desirable and
necessary for authorized officers, employees and representatives of the City to examine
confidential sales or transactions and use tax records of the Department pertaining to sales or
transactions and use taxes collected by the Department for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth
certain requirements and conditions for the disclosure of Department 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, the sales or transactions and use tax
records of the Department;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
HEREBY RESOLVES AS FOLLOWS:
Section 1. That the City Manager, Assistant City Manager, Finance Director, Accounting
Supervisor, Accountant, Management Analyst or other officer or employee of the City designated
in writing by the City Manager, to the California Department of Tax and Fee Administration is
hereby appointed to represent the City with authority to examine sales or transactions and use tax
records of the Department pertaining to sales or transactions and use taxes collected for the City
by the Department pursuant to the contract between the City and the Department.
Section 2. The information obtained by examination of Department records shall be used
only for purposes related to the collection of City sales or transactions and use taxes by the
Department pursuant to that contract.
Section 3. That Hinderliter de Llamas and Associates is hereby designated to examine the
sales or transactions and use tax records of the Department pertaining to sales or transactions and
use taxes collected for the City by the Department. The person or entity designated by this
section meets all of the following conditions, which are also included in the contract between the
City and the Hinderliter de Llamas and Associates:
a) has an existing contract with the City to examine those sales or transactions and use tax
records;
b) is required by that contract to disclose information contained in, or derived from, those sales
or transactions and use tax records only to the officer or employee authorized under Section 1
of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the
term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from
those sales or transactions and use tax records, after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of
Department records shall be used only for purposes related to the collection of City sales or
transactions and use taxes by the Department pursuant to the contract between the City and the
Department.
Section 4. That MuniServices, LLC (Avenu Insights & Analytics) is hereby designated to
examine the sales or transactions and use tax records of the Department pertaining to any petition
or appeal for the reallocation/redistribtuion of sales or transactions and use taxes that was filed by
MuniServices, LLC (Avenu Insights & Analytics) on behalf of the City pursuant to the contract
between the MuniServices, LLC (Avenu Insights & Analytics) and City. The person or entity
designated by this section meets all of the following conditions, which are also included in the
contract between the City and the MuniServices, LLC (Avenu Insights & Analytics).
a) has an existing contract with the City to examine those sales or transactions and use
tax records;
b) is required by that contract to disclose information contained in, or derived from,
those sales or transactions and use tax records only to the officer or employee
authorized under Section 1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during
the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived
from those sales or transactions and use tax records, after that contract has expired.
Resolution 2021-106
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Section 5. That this resolution supercedes all prior resolutions of the City Council of the
City of Rohnert Park adopted pursuant to subdivision(b) of Revenue and Taxation Code section
7056.
DULY AND REGULARLY ADOPTED this 28th day of September 2021.
CIT �I F R 1 'NERT PARK
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Ger7ITIPPIIIIr Mayor
ATTEST:
Eliza eth Machado, Acting City Clerk
ADAMS: AbSeh't LINARES: PI Lie STAFFORD: R1erY1- ELWARD: GIUDICE:
AYES. (3 ) NOES: ( ) ABSENT: ( 2 ) ABSTAI ( )
Resolution 2021-106
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