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HomeMy Public PortalAbout2022.052 (03-15-22) RESOLUTION NO. 2022.052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 1217, the City of Lynwood, CA(City) entered into a contact with the California Department of Tax and Fee Administration (CDTFA) (formerly handled by the State Board of Equalization) to perform all function incident to the administration and collection of the Transactions and Use Tax Ordinances and the local sales and use taxes; and WHEREAS, the City deems it necessary for authorized representatives of the City to examine confidential sales and transactions and use tax records of the Board or its successor agency, the California Department of Tax and Fee Administration, (collectively, or in the alternative, the "Agency") pertaining to sales and transactions and use taxes collected for the City by the Agency; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Agency records and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from sales or transaction and use tax records of the Agency; and WHEREAS, Section 7056 of the California Revenue and Taxation Code requires that any person designated by the City shall have an existing contract to examine the City's sales and transactions and use tax records. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY RESOLVES AS FOLLOWS: Section 1. That the City Manager and Director of Finance, or other officer or employee of the City designated in writing by the City Manager to the Agency is hereby appointed to represent the City with authority to examine all of the sales and transactions and use tax records of the Agency pertaining to sales and transactions and use taxes collected for City by the Agency pursuant to the contract between City and the Agency. The information obtained by examination of Agency records shall be used for purposes related to the collection of City's sales and transactions and use taxes by the Agency pursuant to the contract. Section 2. That the City Manager or Director or Finance, or other officer or employee of the City designated in writing by the City Manager to the Agency, is also hereby appointed to represent the City with the authority to examine those sales and transactions 1 and use tax records of the Agency for purposes related to the following governmental functions of the City: a) tracking and economic development b) forecasting and budget related functions c) detection of misallocations and deficiencies The information obtained by examination of Agency records shall be used only for those governmental functions of the City listed above. Section 3. That MuniServices, LLC is hereby designated and authorized to examine all of the sales and transactions and use tax records of the Agency pertaining to all sales and use taxes collected for the City under the following Transactions and Use Tax Ordinances and any future Transactions and Use Tax Ordinances that may be enacted, extended or modified in the City of Lynwood: City of Lynwood Sales Tax for Municipal Services, Measure PS — 1% The person or entity designated by this section meets all of the following conditions: a) has an existing contract with City to examine sales and transactions and use tax records; b) is required by that contract to disclose information in, or derived from those sales and transactions and use tax records only to an officer or employee authorized under Section 1 (or Section 2) 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 and transactions and use tax records after that contract has expired. Be it further resolved that the information obtained by examination of Agency records shall be used only for purposes related to the collection of the City's sales and transaction and use taxed by the Agency pursuant to the contracts between the City and the Agency for the purposes relating to the governmental functions of the City listed in Section 2 of this Resolution. Section 4. This Resolution supersedes all prior sales and transaction and use tax resolutions of the City pursuant to subdivision (b) of Revenue and Taxation Code Section 7056. Section 5. This Resolution shall be effective immediately upon its adoption. 2 PASSED, APPROVED and ADOPTED this 15th day of March, 2022. imr41 Jorge ova Mayor ATTEST: Maria Quinonez 0> Ernie He41 dez City Clerk City Ma .•-r APPROVED AS TO FORM: APPROVED AS TO CONTENT: /\./Peiite Noel Tapia Michael M. Blaz ski City Attorney Interim Director of Finance &Administration 3 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 15t" day of March, 2022. AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA NOES: NONE ABSENT: NONE ABSTAIN: NONE A AVA �. I Maria Quinonez, ' City Clerk STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No.2022.52 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 15th day of March, 2022. Maria Quinonez, City Clerk 4