RESOLUTION NO. ____-2024
A RESOLUTION OF THE CITY OF FORT BRAGG AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAXES RECORDS WHEREAS, pursuant to Ordinance Number 433, the City of Fort Bragg (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 Ordinance Numbers 845-2004, 902-2012, 907-2013, 984-2023, and 995-2024 of the City of Fort Bragg (City), and 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 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, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF FORT BRAGG HEARBY RESOLVES AS FOLLOWS:
Section 1. That the City Manager, Finance Director, 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, and for purposes related to the following governmental functions of the City:
City administration;
Revenue management and budgeting;
Tracking of economic data;
Forecasting and budget related functions;
Detection of misallocations and deficiencies;
Community and economic development; and
Business license tax administration.
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.
Section 3. That MuniServices, LLC dba Avenu MuniServices LLC 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 MuniServices LLC dba Avenu MuniServices LLC:
has an existing contract with the City to examine those sales or transactions and use tax records; 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. is prohibited by that contract from performing consulting services for a retailer during the term of that contract; 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 and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution.
Section 4. That MuniServices LLC dba Avenu MuniServices LLC 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/redistribution of sales or transactions and use taxes that was filed by MuniServices LLC dba Avenu MuniServices LLC on behalf of the City pursuant to the contract between MuniServices LLC dba Avenu MuniServices LLC 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 MuniServices LLC dba Avenu MuniServices LLC:
has an existing contract with the City to examine those sales or transactions and use tax records; 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. is prohibited by that contract from performing consulting services for a retailer during the term of that contract; 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.
Section 5.
That this resolution supercedes all prior resolutions of the Board of the City adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.
Introduced, approved and adopted this16th day of December 2024.
ATTEST: (s) ___________________________
Acting City Clerk
I, Amber Weaver, Acting City Clerk of the City of Fort Bragg, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the City Council of the City of Fort Bragg, at a meeting of the City Council held on the 16th day of December, 2024, by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
JASON GODEKE
Mayor
ATTEST:
Amber Lenore Weaver
Acting City Clerk
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