HomeMy WebLinkAboutAgenda Report - December 19, 2018 C-11TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
Cim I I
AGENDA TITLE: Adopt Resolutions 1.) Authorizing the Examination of Sales, Use, and Transactions
Tax Records and Authorizing the City Manager to Execute Amendment No. 1 to the
Professional Services Agreement with Hinderliter, de Llamas and Associates, of
Diamond Bar, for Measure L Transactions Tax Analysis, Audit, Recovery, and
Information Services 2.) Authorizing the City Manager to Execute Agreements with
the California Department of Tax and Fee Administration for Implementation of a
Local Transactions and Use Tax
MEETING DATE: December 19, 2018
PREPARED BY: Deputy City Manager
RECOMMENDED ACTION: Adopt resolution authorizing the examination of sales, use, and
transactions tax records and authorizing the City Manager to
execute Amendment No. 1 to the professional services agreement
with Hinderliter, de Llamas and Associates (HdL), of Diamond Bar, for Measure L transactions
tax analysis, audit, recovery, and information services
BACKGROUND INFORMATION: HdL has provided sales tax audit, economic analysis, recovery, and
consulting services to the City of Lodi for 27 years. HDL is the pre-
eminent provider of these services in California due to their years of
experience, established relationships, and interface with the California Department of Tax and Fee
Administration (CDTFA). In June 2017, the City Council approved a five-year agreement with HdL to
continue performing sales tax audit, economic analysis, recovery, and consulting services. The cost of
that contract is funded through the General Fund. HdL, in its history with the City, has recovered
substantial amounts of money through audits of CDTFA (formerly State Board of Equalization) by
identifying non or underreporting businesses and ensuring those businesses accurately report past and
future sales tax revenues.
On November 6, 2018, Lodi residents approved Measure L, a half -cent general purpose transactions and
use tax to be assessed beginning April 1, 2019. Based on estimates previously provided by HdL to the
City, it is estimated that Measure L will bring in $5.4 million to the City for general purposes. HdL's
service in assistance with forecasting economic activity and auditing business activity for the purpose of
revenue recovery will be critical to the success of Measure L. Measure L as a transactions and use tax is
different than the sales tax that the City's existing contract with HdL encompasses. As such, the contract
amendment is necessary so that HdL can provide additional reporting and auditing services related
specifically to Measure L. Auditing services are related specifically to revenue recovery and are not
related to financial reporting. The Annual Accountability Report required by Section 3.30.140 of the Lodi
Municipal Code is separate and apart from HdL's services.
Compensation for the services to be rendered under Amendment No. 1 include a $100 -per -month fee for
the delivery of reports to the City. These reports will be comparable and delivered in like manner to
existing reports provided for existing sales tax. Additional compensation includes a recovery fee of 25
percent of the initial amount of new transactions or use tax revenue received by the City as a result of
APPROVED:
, City Manager
audit and recovery work performed by HdL. These services help to ensure the Measure L tax is being
uniformly collected on eligible transactions, that businesses are treated equally under Measure L, and
that the City receives the full revenue from Measure L as authorized by the voters.
Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and
conditions for the disclosure for CDTFA records. Data provided by businesses to CDTFA contains
sensitive information that is considered proprietary and could potentially be used for unjust gain by
parties receiving the information. As such, there are criminal penalties for unlawful disclosure of this
information. The attached resolution authorizes the City Manager and HdL to access the CDTFA records
for purposes of City Administration, Revenue Management and Budgeting, Community and Economic
Development, and Business License Tax Administration. The City Manager is also authorized to
designate in writing additional employees who have access to the information for the purposes identified.
CDTFA requires that agencies enter into agreements for impellentation of a local transactions and use
tax. The second resolution in this reports authorizes the City Manager to execute the necessary
agreements with CDTFA to implement Measure L.
FISCAL IMPACT:
FUNDING AVAILABLE:
Amendment No. 1 to the HdL contract will be funded in FY 2018/19 by
existing appropriations in the General Fund. Future costs will be borne by
Measure L funds. Annual cost will be $1,200 for reporting and forecasting
services. Audit and recovery services are estimated to generate revenue in
excess of the $1,200 expense each year. The City anticipates there to be a
net gain to the City from this contract.
Authorizing the City Manager to execute agreements with the CDTFA has
no fiscal impact. The City will pay statutory fees to CDTFA for
administration of Measure L. These agreements are required by CDTFA in
order for CDTFA to administer the collection and remittance of Measure L
revenue to the City.
Fiscal Year 2018/19 existing appropriations are adequate to cover these
services. Future appropriations will be recommended in the Measure L
fund. There is no impact to the General Fund.
Andrew Keys
Deputy City Manager
Attachments:
1. Contract 6771
2. Resolution Authorizing the Examination of Sales, Use and Transactions Tax Records and authorizing the City Manger to
Execute Amendment No. 1 to Contract 6771
3. Amendment No. 1 to Contract 6771
4. Contract 210 with State Board of Equalization of California (currently known as California Department of Tax and Fee
Administration)
5. City Manger's Letter Authorizing Review of Confidential Sales and Use Tax Information
6. Resolution Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee
Administration for Implementation of a Local Transactions and Use Tax
a. Exhibit A — Agreement for Preparation to Administer and Operate City's Transactions and Use Tax Ordinance
b. Exhibit B — Agreement for State Administration of City Transactions and Use Taxes
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties `~�1
THIS AGREEMENT is entered into on burr 2017, by and between the CITY
OF LODI, a municipal corporation (hereinafter "CITY"), and HINDERLITER, de LLAMAS
AND ASSOCIATES (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for SALES TAX
AND ECONOMIC ANALYSIS SERVICES (hereinafter "Project") as set forth in the Scope
of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified
to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
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weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetincfs
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffin
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on June 1 , 2017 and terminates upon
the completion of the Scope of Services or on May 31 , 2022, whichever occurs first.
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ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
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ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
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Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY:
City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Andrew Keys
To CONTRACTOR: Hinderliter, de Llamas
and Associates
1340 Valley Vusta Drive Suite 200
Diamond Bar, CA 91765
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
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the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California,
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
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Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days,
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
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Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
eke /• A.A2
JL`I'` I FER M ERRAIOLO
C: y Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
CITY OF LODI, a municipal corporation
Sift "Jb5
STP SCHW : 1 ER
City Manager
Hinderliter, de Llamas and Associates
{ By( 1 By:
Name: And Nickerson
Title: President
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (If applicable)
Funding Source: 10095000.72450
(Business Unit & Account No.)
Doc ID:
CA:Rev-01.2015
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EXHIBIT A
SCOPE OF SERVICES
The CONTRACTOR shall perform the following services (collectively, the
"Services"):
A. SALES TAX AND ECONOMIC ANALYSIS SERVICES
1. CONTRACTOR shall establish a special database that identifies the
name, address and quarterly allocations of all sales tax producers within
the CITY for the most current and all quarters back to fiscal year 1988-
1989 or earlier, if the CITY has prior historical sales tax data available on
computer readable magnetic media. This database will be utilized to
generate special reports to the CITY on: major sales tax producers by
rank and category, sales tax activity by categories, or business districts,
identification of reporting aberrations, and per capita and outlet
comparisons with regional and statewide sales.
2. CONTRACTOR shall provide updated reports following each calendar
quarter identifying changes in sales by individual businesses, business
groups and categories and by geographic area. These reports may
include, without limitation, quarterly aberrations due to State audits, fund
transfers, and receivables along with late or double payments, and
quarterly reconciliation worksheets to assist with budget forecasting.
CONTRACTOR shall meet quarterly with CITY.
3. CONTRACTOR shall additionally provide following each calendar
quarter a summary analysis for the CITY to share with Council Members
Chambers of Commerce, other economic development interest groups
and the public that analyze CITY'S sales tax trends by major groups, and
geographic areas without disclosing confidential information.
4. CONTRACTOR shall make available to CITY staff CONTRACTOR's
web -based sales tax computer software program containing sellers
permit and quarterly allocation information for all in -city business outlets
registered with the Board of Equalization and updated quarterly. This
software shall allow CITY staff to search businesses by street address,
account number, business name, business type and keyword, arrange
data by geographic area, and print out a variety of reports.
B. ALLOCATION AUDIT AND RECOVERY SERVICES
1. CONTRACTOR shall conduct initial and on-going sales, use and
transactions tax audits to identify and correct distribution and allocation
errors, and to proactively affect favorable registration, reporting or
formula changes thereby generating previously unrealized sales, use
and transactions tax income for the CITY and/or recovering misallocated
tax from previously properly registered taxpayers. Common errors that
will be monitored and corrected include, but are not limited to:
transposition errors resulting in misallocations; erroneous consolidation
of multiple outlets; formula errors, misreporting of "point of sale" to the
wrong location; delays in reporting new outlets; misallocating use tax
payments to the allocation pools or wrong jurisdiction; and erroneous
fund transfers and adjustments.
2. CONTRACTOR shall initiate contacts with state agencies, and sales
management and accounting officials in companies that have businesses
where a probability of error exists to verify whether current tax receipts
accurately reflect the local sales activity. Such contacts will be
conducted in a professional and courteous manner.
3. CONTRACTOR shall (i) prepare and submit to the Board of Equalization
information for the purpose of correcting allocation errors that are
identified and (ii) follow-up with individual businesses and the State
Board of Equalization to promote recovery by the CITY of back or
prospective quarterly payments that may be owing.
4. If during the course of its audit, CONTRACTOR finds businesses located
in the CITY that are properly reporting sales and use tax but have the
potential for modifying their operation to provide an even greater share to
the CITY, CONTRACTOR may so advise CITY and work with those
businesses and the CITY to encourage such changes.
C. CONSULTING AND OTHER OPTIONAL SERVICES
CONTRACTOR may, from time to time in its sole discretion, consult with CITY
staff, including without limitation, regarding (i) technical questions and other
issues related to sales, use and transactions tax; (ii) utilization of reports to
enhance business license collection efforts; and (iii) sales tax projections for
proposed annexations, economic development projects and budget planning. In
addition to the foregoing optional consulting services, CONTRACTOR may, from
time to time in its sole discretion, perform other optional Services, including
without limitation, negotiating/review of tax sharing agreements, establishing
purchasing corporations, and meeting with taxpayers to encourage self-
assessment of use tax.
EXHIBIT B
COMPENSATION
A. CONTRACTOR shall provide the sales tax and economic analysis Services
described in Section II -A above for a fee of $550 per month, commencing
with the month of the Effective Date (hereafter referred to as "monthly fee").
The monthly fee shall be invoiced quarterly in arrears, and shall be paid by
CITY no later than 30 days after the invoice date. The monthly fee shall
increase annually following the month of the Effective Date by the
percentage increase in the "CPI" for the preceding twelve month period. In
no event shall the monthly fee be reduced by this calculation. For purposes
of this Agreement, the "CPI" shall mean the Consumer Price Index - All
Urban Consumers for the surrounding statistical metropolitan area nearest
CITY, All Items (1982-84 = 100), as published by the U.S. Department of
Labor, Bureau of Labor Statistics, or, if such index should cease to be
published, any reasonably comparable index selected by CONTRACTOR.
B. 1. CONTRACTOR shall be further paid 15% of all new and recovered
sales, use and transactions tax revenue received by the CITY as a
result, in whole or in part, of the allocation audit and recovery services
described in Section II -B above (hereafter referred to as "audit fee"),
including without limitation, any reimbursement or other payment from
any state fund and any point of sale misallocations.
2. The audit fee shall be paid even if CITY assists, works in parallel with,
and/or incurs attorneys' fees or other costs or expenses in connection
with any of the relevant Services. Among other things, the audit fee
applies to state fund transfers received for back quarter reallocations and
monies received in the first eight consecutive reporting quarters following
completion of the allocation audit by CONTRACTOR and confirmation of
corrections by the State Board of Equalization. CITY shall pay audit fees
upon CONTRACTOR'S submittal of evidence of CONTRACTOR'S work
in support of recovery of subject revenue, including, without limitation,
copies of BOE 549-S petition forms of any other correspondence
between CONTRACTOR and the Board of Equalization or the taxpayer.
3. For any increase in the tax reported by businesses already properly
making tax payments to CITY, it shall be CONTRACTOR's responsibility
to support in its invoices the audit fee attributable, in whole or in part, to
CONTRACTOR's Services.
C. CONTRACTOR shall invoice CITY for any consulting and other optional
Services rendered to CITY in accordance with Section II -C above based on
the following hourly rates on a monthly or a quarterly basis, at
CONTRACTOR's option. All such invoices shall be payable by CITY no later
than 30 days following the invoice date. CITY shall not be invoiced for any
consulting Services totaling less than an hour in any month. The hourly rates
in effect as of the Effective Date are as follows:
Principal $295 per hour
Programmer $250 per hour
Senior Analyst $195 per hour
Analyst $100 per hour
CONTRACTOR may change such hourly rates from time to time upon not
less than 30 days' prior written notice to CITY.
D. Any invoices not paid in accordance with the Thirty (30) day payment terms,
shall accrue monthly interest at a rate equivalent to ten percent (10%) per
annum until paid.
E. CONTRACTOR unilaterally retains the right to divide any recovery bills in
excess of $25,000 over a one (1) year period (Four (4) quarterly billings).
F. CONTRACTOR shall provide CITY with an itemized quarterly invoice showing
all formula calculations and amounts due for the audit fee (including, without
limitation, a detailed listing of any corrected misallocations), which shall be
paid by CITY no later than 30 days following the invoice date.
EXHIBIT C
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this
Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any
subcontractor performing work covered by this Agreement from claims for damages for personal injury, including
accidental death, as well as from claims for property damages, which may arise from Contractor's operations under
this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or
indirectly employed by either of them, and the amount of such insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$4,000,000 Each Occurrence
$5,000,000 General Aggregate
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Combined Single Limit
Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles)
operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form
CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form.
3. PROFESSIONAL LIABILITY 1 ERRORS AND OMISSIONS
$1,000,000 Each Occurrence
All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers,
agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk
Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing
any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied
by either the Named Insured(s) or the City of Lodi.
It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance
coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore,
the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance
requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the Contractor; whichever is greater.
Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims
period following termination of coverage which is at least consistent with the claims period or statutes of limitations
found in the California Tort Claims Act (California Government Code Section 810 et seq.).
A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City:
(a)
Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability
coverage at least as broad as this form) such insurance as is afforded by this policy shall also apply to the City
of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as
additional named insureds. An additional named insured endorsement is also required for Auto Liability.
(b) Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will
not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20
01 04 13.
(c)
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West
Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an
endorsement, a description of the proiect that it is insuring.
Waiver of Subrogation
Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions,
officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability.
Page 1 1 of 2 pages Risk: rev.03.2016
Insurance Requirements far Contractor (continued)
(d) Limits of Coveraag
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or
excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a
provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City
before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured.
(e) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured
shall not operate to increase the limit of the company's liability.
(f)
(g)
Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi,
CA 95240.
Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days
prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or
extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor
shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's
insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and
immediately obtain replacement insurance.
(h) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of
coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with
interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The
City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount
paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest
on the first (1') day of the month following the City's notice. Notwithstanding any other provision of this
Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails
to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such
termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently
pursue the removal of any and all of its personal property from the site or facilities.
(i) Qualified Insurer[s]
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in
the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are
acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the
most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any
work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all
of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case
any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected
under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to
provide insurance for the protection of said employees. A waiver of subrogation is required for workers
compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written
notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA
95240.
NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements
required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the
effective date.
Page 21 of 2 pages-[ Risk: rev.03.2016
RESOLUTION NO. 2018-246
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
EXAMINATION OF SALES, USE, AND TRANSACTIONS TAX
RECORDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH HINDERLITER, DE LLAMAS & ASSOCIATES, OF
DIAMOND BAR, CALIFORNIA, FOR MEASURE L TRANSACTIONS
TAX, AUDIT, RECOVERY, AND INFORMATION SERVICES
WHEREAS, pursuant to Ordinance 551, the City of Lodi entered into a contract on
October 3, 1973, with the California State Board of Equalization, which is currently titled the
California Department of Tax and Fee Administration (CDTFA) to perform all functions incident
to the administration of local sales, use, and transactions taxes; and
WHEREAS, the City Council of the City of Lodi deems it desirable and necessary for
authorized representatives of the City to examine confidential sales, use, and transactions tax
records of CDTFA pertaining to sales, use, and transactions taxes collected by the Department
pursuant to that contract; and
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of CDTFA records, and establishes criminal
penalties for the unlawful disclosure of information contained in, or derived from, the sales, use,
and transactions tax records of CDTFA; and
WHEREAS, Hinderliter, de Llamas & Associates (HdL) has provided sales tax audit,
economic analysis, recovery, and consulting services to the City of Lodi for 27 years; and
WHEREAS, the City Council approved a five-year contract for these services on
July 19, 2017; and
WHEREAS, on November 6, 2018, Lodi voters approved passage of Measure L, a half
cent transactions and use tax increase for general purpose; and
WHEREAS, audit, recovery, and information services for Measure L are an essential
piece of ensuring uniform collection on eligible transactions, equal treatment of business under
Measure L, and full revenue recovery for the City as approved by the voters; and
WHEREAS, given HdL's track record of success in Lodi and throughout California, and
established relationships with CDTFA, it is in the City's best interest to procure the additional
audit, recovery, and information services for Measure L from HdL.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Lodi hereby
authorizes:
1) That the City Manager, or other officer or employee of the City designated in writing by
the City Manager to CDTFA, is hereby appointed to represent the City of Lodi with
authority to examine sales, use and transactions tax records of CDTFA pertaining to
sales, use and transactions taxes collected for the City by CDTFA pursuant to the
contract between the City and CDTFA (Contract). The information obtained by
examination of CDTFA records shall be used only for purposes related to the collection
of City sales, use, and transactions taxes by CDTFA pursuant to the Contract.
2) That the City Manager, or other officer or employee of the City designated in writing by
the City Manager to CDTFA, is hereby appointed to represent the City with authority to
examine those sales, use and transactions tax records of CDTFA, for purposes related
to the following governmental functions of the City:
a. City administration;
b. Revenue management and budgeting;
c. Community and economic development; and
d. Business license tax administration.
The information obtained by examination of CDTFA records shall be used only for those
governmental functions of the City listed above.
3) That Hinderliter, de Llamas & Associates is hereby designated to examine the sales,
use, and transactions tax records of the CDTFA pertaining to sales, use, and
transactions taxes collected for the City by the CDTFA. The person or entity designated
by this section meets all of the following conditions:
a. has an existing contract with the City to examine those sales, use, and
transactions tax records;
b. is required by that contract to disclose information contained in, or derived from,
those sales, use and transactions tax records only to the officer or employee
authorized under Sections 1 or 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; and
d. is prohibited by that contract from retaining the information contained in, or
derived from those sales, use, and transactions tax records, after that contract
has expired.
The information obtained by examination of CDTFA records shall be used only for
purposes related to the collection of City sales, use, and transactions taxes by CDTFA
pursuant to the contract between the City and CDTFA and for purposes relating to the
governmental functions of the City listed in section 2 of this Resolution.
4) The City Manager to execute Amendment No. 1 to the Professional Services Agreement
with Hinderliter, de Llamas & Associates, of Diamond Bar, California, for Measure L
transactions and use tax audit, recovery, and information services. By this Resolution
the City Council certifies that Amendment No. 1 meets the requirements of
Section 7056(b)(1) of the California Revenue and Taxation Code.
Dated: December 19, 2018
I hereby certify that Resolution No. 2018-246 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held December 19, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
2018-246
NIFER FERRAIOLO
ty Clerk
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
This Amendment No. 1 amends only Exhibits A and B to the Agreement for
Professional Services entered into by the Parties on July 24, 217 pursuant to Resolution No.
2017-130 and designated in CITY records as Contract No. 6771, to add additional services
and fees to the current scope of services. No services are reduced and no other modification
is made to Contract No. 6771 with the exception of those set forth herein. This Amendment
No. 1 is made and entered into as of the day of December, 2018 by and between the
CITY OF LODI, a municipal corporation hereinafter referred to as "CITY" and
HINDERLITER, DE LLAMAS AND ASSOCIATES a California Corporation, hereinafter
referred to as "CONTRACTOR" (collectively the "Parties").
I. RECITALS
WHEREAS, transactions tax revenues can be increased through a system of
continuous monitoring, identification, and correction of allocation errors and reporting
deficiencies, and
WHEREAS, an effective program of transactions and use tax management can
provide for more accurate budget forecasting and financial planning; and
WHEREAS, CITY desires the combination of data entry, report preparation, and data
analysis necessary to effectively manage its 2018 Measure "L" transactions and use tax base
the recovery of revenues either unreported or erroneously allocated to other jurisdictions; and
WHEREAS, CONTRACTOR has the programs, equipment and personnel required to
deliver the transactions and use tax related services referenced herein;
THEREFORE, CITY and CONTRACTOR, for the consideration hereinafter
described, mutually agree as follows:
II. AMENDMENT TO EXHIBIT A — ADDITIONAL SERVICES
The CONTRACTOR shall perform the following additional services:
A. DEFICIENCY/ALLOCATION REVIEWS AND RECOVERY
1. CONTRACTOR shall conduct on-going reviews to identify and correct
unreported transactions and use tax payments and distribution errors thereby
generating previously unrealized revenue for the CITY. Said reviews shall
include:
(i)
Comparison of county -wide local tax allocations to transactions tax
for brick and mortar stores and other cash register -based businesses,
where clearly all transactions are conducted on-site within the
Measure "L" CITY boundaries, and therefore subject to transactions
tax.
(ii) Review of any significant one-time use tax allocations to ensure that
there is corresponding transaction tax payments for taxpayers with
nexus within the CITY boundaries.
(iii) Review of state-wide transactions tax allocations and patterns to
identify any obvious errors and omissions.
(iv) Identification and follow-up with any potentially large purchasers of
supplies and equipment (e.g. hospitals, universities, manufacturing
plants, agricultural operations, refineries) to ensure that their major
vendors are properly reporting corresponding transactions tax
payments to the Measure "L" Transactions Tax District.
2. CONTRACTOR will initiate, where the probability of an error exists, contacts
with the appropriate taxpayer management and accounting officials to verify
whether current tax receipts accurately reflect the local sales activity. Such
contacts will be conducted in a professional and courteous manner so as to
enhance CITY's relations with the business community.
3. CONTRACTOR shall prepare and submit to the California Department of
Tax and Fee Administration ("CDTFA") all information necessary to correct
any allocation errors and deficiencies that are identified, and shall follow-up
with the individual businesses and the CDTFA to ensure that all back quarter
payments due the CITY are recovered.
B. DATA BASE MANAGEMENT, REPORTS AND STAFF SUPPORT
1. CONTRACTOR shall establish a database containing all applicable CDTFA
registration data for each business within the Measure "L" District boundaries
holding a seller's permit account. Said database shall also identify the
quarterly transactions and use tax allocations under each account for the most
current and previous quarters where available.
2. CONTRACTOR shall provide updated reports each quarter identifying
changes in allocation totals by individual businesses, business groups and by
categories. Quarterly aberrations due to State audits, fund transfers, and
receivables, along with late or double payments, will also be identified.
Quarterly reconciliation worksheets to assist finance officer with budget
forecasting will be included.
3. CONTRACTOR shall advise and work with CITY staff on planning and
economic questions related to maximizing revenues, preparation of revenue
projections, and general information on sales, transactions, and use tax
questions.
4. CONTRACTOR shall make available to CITY the HdL proprietary software
program and Measure "L" database containing all applicable registration and
quarterly allocation information for CITY business outlets registered with
CDTFA. The database will be updated quarterly.
C. CONFIDENTIALITY
1. Section 7056 of the California Revenue and Taxation Code specifically limits
the disclosure of confidential taxpayer information contained in the records of
CDTFA. Section 7056 specifies the conditions under which CITY may
authorize persons other than CITY officers and employees to examine State
Sales, Use and Transactions Tax records.
The following conditions specified in Section 7056(b)(1) of the California
Revenue and Taxation Code are hereby made part of this Amendment No. 1.
2. CONTRACTOR is authorized by this Amendment No. 1 to examine sales, use
or transactions and use tax records of CDTFA provided to CITY pursuant to
contract under the conditions established by the California Revenue and
Taxation Code.
3. CONTRACTOR is required to disclose information contained in, or derived
from, those sales, use or transactions and use tax records only to an officer or
employee of the CITY who is authorized by resolution to examine the
information.
4. CONTRACTOR is prohibited from performing consulting services for a
retailer, as defined in California Revenue and Taxation Code Section 6015,
during the term of Contract No. 6771.
5. CONTRACTOR is prohibited from retaining the information contained in, or
derived from those sales or transactions and use tax records, after Contract No.
6771 has expired. Information obtained by examination of CDTFA records
shall be used only for purposes related to collection of local sales and use tax
or for other governmental functions of the CITY as set forth by resolution
adopted by the City Council pursuant to Section 7056(b) of the California
Revenue and Taxation Code. The resolution shall designate the
CONTRACTOR as a person, authorized to examine sales and use tax records
and certify that this Amendment No. 1 meets the requirements set forth above
and in Section 7056(b)(1) of the California Revenue and Taxation Code.
IV. AMENNDMENT TO EXHIBIT B — COMPENSATION FOR
ADDITIONAL SERVICES
A. CONTRACTOR shall be paid $100 monthly billed quarterly for the transaction
district tax reports that we include with the quarterly sales tax analyses.
CONTRACTOR shall be paid 25% of the initial amount of new transactions or use
tax revenue received by the CITY as a result of audit and recovery work
performed by CONTRACTOR (hereafter referred to as "Audit Fees"). New
revenue shall not include any amounts determined and verified by CITY or
CONTRACTOR to be increment attributable to causes other than
CONTRACTOR'S work pursuant to this Amendment No. 1. In the event that
CONTRACTOR is responsible for an increase in the tax reported by businesses
already properly making tax payments to the CITY, it shall be CONTRACTOR'S
responsibility to separate and support the incremental amount attributable to its
efforts prior to the application of the Audit Fees. Audit Fees will apply to state
fund transfers received for those specific quarters identified as being missing
and/or deficient following completion of the audit by CONTRACTOR and
confirmation of corrections by CDTFA, but shall not apply prospectively to any
future quarter. CONTRACTOR shall provide CITY with an itemized quarterly
invoice showing all formula calculations and amounts due for Audit Fees.
CONTRACTOR shall obtain prior approval from CITY for each specific business
for which payment of Audit Fees will be expected. Said approval shall be deemed
given when the City Manager or his/her designated representative, signs a Work
Authorization form, a copy of which is attached as "Exhibit A." CITY shall pay
Audit Fees upon CONTRACTOR'S submittal of evidence of State fund transfers
and payments to CITY from businesses identified in the audit and approved by the
CITY.
B. Above sum shall constitute full reimbursement to CONTRACTOR for all direct
and indirect expenses incurred by CONTRACTOR in performing audits including
the salaries of CONTRACTOR'S employees, and travel expenses connected with
contacting local and out-of-state businesses and CDTFA staff.
C. Extra work beyond the additional services set forth in this Amendment No. 1 shall
not be performed by CONTRACTOR or reimbursed or paid for by CITY unless
such extra work is specifically authorized in writing by City Manager or his/her
designated representative. CONTRACTOR shall be compensated for any
additional services in the amounts and in the manner as agreed to by the CITY
and CONTRACTOR at the time the CITY's written authorization is given to
CONTRACTOR for the performance of said services.
D. Any invoices not paid in accordance with the thirty (30) day payment terms set
forth in Contract No. 6771, shall accrue monthly interest at a rate equivalent to ten
percent (10%) per annum until paid.
E. CONTRACTOR unilaterally retains the right to divide any recovery bills in excess
of $25,000 over a one (1) year period (Four (4) quarterly billings).
F. CONTRACTOR shall provide CITY with an itemized quarterly invoice showing
all formula calculations and amounts due for the audit fee (including, without
limitation, a detailed listing of any corrected misallocations), which shall be paid
by CITY no later than 30 days following the invoice date.
CITY: CITY OF LODI, a municipal corporation
By:
Date:
App as to form
CONTRACTOR: HINDERLITER, DE LLAMAS AND ASSOCIATES
By:
Date
City Attornty
SAMPLE SAMPLE
EXHIBIT A
Transactions Tax Audit
Work Authorization No.
The following business, or businesses located in the City of Lodi have been identified as
having the potential for generating additional tax revenues to the City of Lodi ("City").
Hinderliter, de Llamas and Associates, a California Corporation ("Contractor") is hereby
authorized to contact the given business(s) and the California Department of Tax and Fee
Administration ("CDTFA") to verify the accuracy of the current reporting methodology and
obtain the necessary documentation for CDTFA, to bill for uncollected transactions and use
tax payments or modify misallocated payments and to return revenues that may be due to the
City.
Contractor's compensation shall be $100 monthly billed quarterly and 25% of the new
transactions tax revenue received by the City as a result of audit and recovery work performed
by Contractor, as set forth in the Contract No. 6771 and Amendment No. 1, entered into
between Contractor and City.
CITY: CITY OF LODI, a municipal corporation
By:
Date:
CONTRACTOR: HINDERLITER, DE LLAMAS AND ASSOCIATES
By:
Date
October 8, 1973
State Board of Equalization
Local Tax Unit
P.O. Box 1799
Sacramento, Ca, 95808
Attn: Mr. R. M. Hocking Re: Sales Tax Amendment
Supervising Auditor
Dear Mr. Hocking:
In accordance with your instructions, we are enclosing the
five executed copies of the Agreement to which have been at-
tached certified copies of the Resolution of the Clty authorizing
the execution of the Agreement.
We are also enclosing five certified copies of the Uniform
Ordinance Amendment.
You have on file copies of Ordinance 551 which was our basic local
tax ordinance.
Very truly yours
RHM/eh ROBERT H. MULLEN
encl. City Attorney
245 West Eloy Street, Lodi
RESOLUTION NO. 3830
A RESOLUTION AUTHORIZING THE EXECUTION
OF "AGREEMENT FOR STATE ADMINISTRATION
• OF LOCAL SALES AND USE TAXES."
RESOLVED, that the Mayor of the City of Lodi be and he
is hereby authorized to execute the "Agreement For State AdmiAistration
of Local Sales and Use Taxes" with the State Board of Equalization
and which Agreement replaces and supersedes the Agreement dated
June 20, 1956, heretofore entered into by said Board and the City
of Lodi.
Dated:
I hereby certify that Resolution No. 3830 was passed and
adopted by the City Council of the City of Lodi in a regular
meeting held October 3, 1973, by the following vote:
`n"GOING DOCUMENT IS CERTIFIED
:! ". ;: Ci COPY OF THE ORIGINAL
1 :
N STT
LODI
BY
DATED,
Ayes: Councilmen - EHRHARDT, KATNICH,
PINKERTON and HUGHES
Noes: Councilmen -- None
Absent: Councilmen - SCHAFFER
James 15. Schroeder
Deputy City Clerk
GEORGE R. REILLY
FIRST DI -STRICT, SAN FRANCISCO
JOHN W. LYNCH
SECOND DISTRICT, TULARE
PAUL R. LEAKE
THIRD Of. STRICT, WOODLAND
RICHARD NEVINS
FOURTH MISTRICT, LOS ANGELES
ALAN CRANSTON, CONTROLLER
SACRAMEaSTO
OFFICE OF
STATE BOARD OF EQUALIZATION
STATE OF CALIFORNIA
1020 N STREET
SACRAMENTO
November 17, 1961
City of Lodi
City Hall
Lodi California
Attention Mrs. Beatrice Garibaldi, City Clerk
Gentlemen:
JOHN W. LYNCH
CHAIRMAN
GEORGE R. REILLY
VICE-CHAIRMAN
DIXWELL L. PIERCE
SECRETARY
MAIL ADDRESS: P. 0. BOX 1799
SACRAMENTO 8, CALIFORNIA
Amendment to Sales and Use Tax Ordinance
This will acknowledge receipt of an ordinance
amending your Uniform Local Sales and Use Tax Ordinance
to conform to legislative action that becomes operative
next year.
On the basis of this amendment of your ordinance,
we are prepared to continue with the administration
of your local sales and use tax in the manner contem-
plated under our agreement with you and in conformity
with the provisions of the Bradley -Burns Uniform Local
Sales and Use Tax Law as it will read on and after
January' 1, 1962:
Thank you for your cooperation.
Sincerely your
/164/a/
SECRETARY
DLP:cn
City of LODI 4001
AMENDMENT OF
AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES
Whereas, the City hereinabove designated, hereinafter called the City, and the State Board of Equal-
ization, hereinafter called the Board, have heretofore entered into an agreement for state administration of
local sales and use taxes as contemplated under Part 1.5 of Division 2, of the Revenue and Taxation Code
and are now desirous of amending that agreement in the manner hereinafter set forth, the City and the Board
do hereby agree that such agreement shall be amended in the following particulars, to wit:
Paragraph C of Article II of said Agreement is amended to read:
C. Transmittal of money. Except as otherwise provided herein, all local taxes collected
under the provisions of the City ordinance shall be transmitted to the City periodically as
promptly as feasible. A statement shall be furnished indicating the amount withheld pur-
suant to Article IV of this Agreement.
The purpose of the foregoing Amendment is to conform said Agreement to a plan for accelerated
transmittal of local sales tax collections as described in a letter of March 12, 1959, addressed to Mr,
Richard Carpenter, Executive Director and General Counsel, League of California Cities, by Dixwell L.
Pierce, Secretary, State Board of Equalization. For the purposes of this Amendment this letter is incorpo-
rated in said Agreement by reference as though fully set forth therein.
STATE BOARD OF EQUALIZATION
CITY OF LODI
By By •W
Secretary (Signature on this line)
Fred N.
(Type name here)
Major
(Type title here)
IMPORTANT INSTRUCTIONS
1. Insert name of the City at top of page.
2. Sian five copies of the Amendment, sending all of them to the Secretary, State Board of Equalization,
Sacramento 8, California. (If the City desires to keep a file copy of the Amendment, an additional
copy should be prepared on the form which has been supplied for that purpose.)
3. Attach to each copy of the Amendment sent to the Board, a certified copy of the order, motion or reso-
lution of the City Council authorizing the execution of the Amendment.
Explanation
When an Amendment is submitted in accordance with the foregoing instructions, it will be executed on
behalf of the Board and submitted to the State Department of Finance for approval. If a copy has been
retained by the City, it may then be conformed to the approved copy.
ERCT TSN FROM TUE APRIL 151 1959 BUTES OF
THE CI''C COUNCIL OF THE CIS' OF LCD , CALIFORNIA
*Councilman Katzakian wed that the agrees with the
State Board of :Equalization for State edminietration of
lova an use taxes be amended to provide that all
:,] a1 tie eallected shall be transmitted to the City
at promptly as feasible and that the Mayor be authorised
to exsoute s4 4 pct* The motion was seconded by
councilman Mitchell and passel by unanimous vote
I hereby certify that the above IS a true and
correct copy of an extract from the testes of
a regular meeting of the City Council Of the .
City ,Of Lodi held April Of 19594
Beatrice
City Clerk
APril 23 1959
City of Lodi, San Joaquin County, Calif.
AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES
To carry out Part 1.5 of Division 2 of the Revenue and Taxation Code and
the sales and use tax ordinance of the City hereinabove designated, herein-
after called the City, copy of which ordinance is attached hereto, the City
and the State Board of Equalization, hereinafter called the Board, do agree
as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear
in this Agreement they shall be interpreted to mean the following:
1. "Local Taxes" shall mean the sales and use taxes, penalties, and in-
terest imposed by the City under an ordinance which complies with Part 1.5,
Division 2, of the Revenue and Taxation Code.
2. "Conforming Taxing Jurisdiction" shall mean any county, city, or city
and county of this State which has adopted a sales and use tax ordinance of
the kind described in Part 1.5 of Division 2 of the Revenue and Taxation Code
and which has entered into a contract with the State Board of Equalization to
perform all functions incident to the administration and operation of the
ordinance.
3. "City Ordinance" shall mean the Uniform City Sales and Use Tax Ordi-
nance attached hereto, as amended from time to time.
ARTICLE II
ADMINISTRATION AND COLLECTION OF LOCAL TAXES
A. Administration. The Board and the City agree that the Board shall
perform exclusively all functions incident to the administration and operation
of the City ordinance.
B. Other applicable laws. The City agrees that all provisions of law
applicable to the administration and operation of the State Sales and Use Tax
Law shall be applicable to the administration and operation of the City ordi-
nance and that money collected pursuant to the City ordinance may be deposited
in the State Treasury to the credit of the Retail Sales Tax Fund and may be
drawn from that Fund for the purpose of making refunds, for the purpose of
compensating and reimbursing the Board pursuant to Article IV of this Agree-.
ment and for the purpose of transmitting to the City the amount to which the
City is entitled.
C. Transmittal of money. Except as otherwise provided herein, all local
taxes collected under the provisions of the City ordinance shall be transmitted
to the City monthly beginning in the fourth month following the effective date
of this Agreement. A statement shall be furnished indicating the amount with-
held pursuant to Article IV of this Agreement.
5-527 t2-56)
D. Rules. The Board shall prescribe and adopt such rules and regulations
as in its judgment are necessary or desirable for the administration and opera-
tion of the City ordinance and the distribution of the local taxes collected
thereunder.
E. Preference. Unless the payor instructs otherwise and except as other-
wise provided in this Agreement, the Board shall give no preference in applying
money received for sales and use taxes owed by a taxpayer but shall apply all
monies collected to the satisfaction of the claims of the State and the claims
of the City as .their interests appear.
F. Security. The Board agrees that any security which it hereafter re-
quires to be furnished under the State Sales and Use Tax Law will be upon such
terms that it also will be available for the payment of the claims of the City
?!or local taxes owing to it as its interest appears. The Board shall not be
required to change the terms of any security now held by it and the City shall
not participate in any security now held by the Board.
G. Names of sellers.. The -Board agrees to furnish the names, addresses,
account numbers, and the business classification codes of all sellers holding
sellers' permits within the City.
H. Records of the Board. Subject to executive approval under Section
7056 of the Revenue and Taxation Code, the Board agrees to permit authorized
personnel of the City to examine the records and procedures of the Board con-
cerning taxpayers subject to the City ordinance.
I. City 'tax rate. The City agrees that any change in the rate of its
conforming local sales and use tax will be made effective at the beginning
of a calendar quarter and that it will give the Board at least two months'
notice thereof and that it will also give notice to the Board of Supervisors
of the County in which the City lies.
J. Annexation. The City agrees that the Board shall not be required to
give effect to an annexation, for the purpose of collecting and distributing
city sales and use taxes, earlier than the first day of the calendar quarter
which commences not less than two months after notice to the Board. The notice
shall include the address of the property nearest to the extended city bound-
ary on every street crossing that boundary.
ARTICLE III
ALLOCATION OF TAX
A. Deficiency' determination. All local taxes collected as a result of
determinations or billings made by the Board, and all amounts refunded or
credited may be distributed or charged to the respective conforming taxing
jurisdictions in the same ratio as the taxpayer's self -declared local tax for
the period for which the determination, billing, refund, or credit applies.
B. Allocation.. When the local tax is collected from or refunded or cred-
ited to the following:
(1) Retailers having traveling sellers' permits or certificates of
authority to collect use tax issued by the Board;
5.527 (2.56)
- 2-
(2) Persons regarded by the Board as retailers pursuant to Section
6015 of the Revenue and Taxation Code; • ,
(3) Persons for whom no continuing account number was active at the
date of payment; or
(4) Other retailers or purchasers having no permanent place of busi-
ness within the State as determined by the Board;
or when the local tax is collected by way of deduction from refunds of motor
vehicle fuel license taxes, the Board may distribute or charge such local tax
to all conforming taxing jurisdictions in the county in which the sale or use
occurred using the ratios reflected by the distribution of taxes collected
from all other taxpayers in that county. To the extent that this cannot be
done in aomanner consistent with the economic and efficient performance of
the duties of the Board under the Revenue and Taxation Code and the provisions
of this Agreement, the Board may distribute or charge such local tax to all
conforming taxing'jurisdictions of this State 'using the ratios reflected by
the distribution of taxes collected from all other taxpayers in the State.
C. Motor Vehicles. For the purposes of the foregoing allocation with
respect to vehicles required to be registered under the Vehicle Code, the ad-
dress of the registered owner appearing upon the application for registration
may be used by the Board in determining the county of use.
ARTICLE IV
COMPENSATION
A. Numerator. The cost of administering Parts 1 and' 1.5 of Division 2
of the Revenue and Taxation Code and the conforming local sales and use tax
ordinances for the 1956-57 and succeeding fiscal years, respectively, shall
be determined in the manner herein set forth. Such cost shall include costs
incurred by the Board and by other State agencies, including but not limited
to the Attorney General, the State Controller, the State Personnel Board, the
State Treasurer, and the Department of Finance. Such cost is referred to as
"the administrative cost".
B. Denominator. The amounts transferred during the 1956-57 and succeed-
ing fiscal years, respectively, from the Retail Sales Tax Fund to conforming
taxing jurisdictions and to the General Fund of the State, pursuant to Section
7102 of the Revenue and Taxation Code, together with amounts withheld pursuant
to this Article of this Agreement, shall be determined. Such amounts are re-
ferred to as "the tai distributed".
C. Ratio. The administrative cost for the fiscal year shall be compared
to the tax distributed during the fiscal year and a percentage computed. Such
percentage shall be rounded off to the nearest one hundredth of one percent.
This percentage is' referred to as "the actual cost percentage" for the fiscal
year. Theactual cost percentage computed for the most recent fiscal year is
referred to as "the tentative cost percentage".
D. Compensation. From the amounts otherwise available for distribution
to the City during a fiscal year, the Board is entitled to the actual cost
percentage of such amounts as compensation to the Board and reimbursement to
S.527 (2.56)
-3-
it for the cost of rendering the service of administering the City ordinance.
There shall be withheld from amounts collected for the City the tentative cost
percentage of such amounts. When the actual cost percentage for a fiscal year
has been computed, the amounts which should have been withheld shall be deter-
mined. If these amounts are less than those withheld using a tentative cost
percentage, the excess shall be included in the next distribution of money to
the City; if more, the deficiency shall be withheld from the next distribution
to the City.
E. Computation and notification. The costs and percentages required by
this Article shall be computed by the Board and approved by the Department of
Finance. The Board will notify the City of the results,of its computations
at least fifteen days before they are submitted to the Department of Finance
for approval. The tentative cost percentage shall be 1.70% until the actual
cost percentage for the,1956-57 fiscal Year is computed.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first-class
United States Mail. A notification is complete when deposited in the mail.
Communications and notices to be sent to the Board shall be addressed to:
State Board of Equalization
Sacramento 8, California
Attention: Secretary
Communications and notices to be sent to the City shall be addressed to:
Finance Director
City of Lodi.
City Hall
Lodi, California
B. Term. The date of this Agreement is the date on which it is approved
by the State Department of Finance. The Agreement shall take effect on the
first day of the calendar quarter next succeeding the date of such approval,
but in no case before the operative date of the City ordinance, nor on a day
S.527 (2.56) 4
other than the first day of a calendar quarter. This Agreement shall con-
tinue until September 30, 1957, and shall thereafter be renewed automatically
from year to year unless one of the parties gives written notice of termina-
tion at least two months before the end of the term.
STATE BOARD OF UALIZATION
By
/1)74%4 A/t)lfd
Secretary
CITY OF 'ODI
By
e on this line)
W. 3. Robinaoon
(Type name here)
Mayer
(Type title here)
IMPORTANT INSTRUCTIONS
1. Insert name of the City at top of page 1; insert address for communications and notices
to City in Section A, Article V.
2. Sign five copies of the Agreement, sending all of them to the Secretary, State Board
of Equalization, Sacramento 8, California. (If the City desires to keep a file copy
of the Agreement, an additional copy should be prepared for that purpose.)
3. Attach to each copy of the Agreement sent to the Board, a certified copy of the City
Sales and Use Tax Ordinance, also attach. to each copy a certified copy of the order,
motioh or resolution of the City Council authorizing the execution of the Agreement.
Explanation
When an Agreement is transmitted in accordance with the foregoing instructions, it will
be executed on behalf of the Board and submitted to the' State Department of Finance for
approval. When approved, one copy will be returned to the City with endorsement of approval.
if a copy has been'retained by the City, it may then /74 7:77 a te apS.
a11
•fir �.-,.,.-----.�E
DEPARIf ' ENT C.r FINANCE
APPROVED
JUN 2 v .fir.
J
$.527 (2.56) - 5
.-i.ti M. PEI.,CC, Dir&ctor
A intstrative Adviser
CITY COUNCIL
ALAN NAKANISHI, Mayor
JOANNE MOUNCE,
Mayor Pro Tempore
MARK CHANDLER
BOB JOHNSON
DOUG KUEHNE
December 19, 2018
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6700 / FAX (209) 333-6807
California Department of Tax and Fee Administration
Ms. Terri Leach
Local Revenue Branch
450 N Street, MIC 27
Sacramento, CA 95814
Subject: City of Lodi — Tax Area Code 39001
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
Authorization to Review Confidential Sales and Use Tax Information Section 7056 of the
Revenue and Taxation Code.
Dear Ms. Leach:
Resolution No. 2018-_, Section 2 authorizes the City Manager to designate in writing
to the California Department of Tax and Fee Administration other officers and employees
of the jurisdiction with authority to examine sales and use tax records for the jurisdiction.
Accordingly, the following employee titles for the City of Lodi are hereby authorized to
receive and review sales or transactions and use tax records for the City of Lodi from the
California Department of Tax and Fee Administration.
Deputy City Manager/Internal Services Director
Budget Manager
Management Analyst - Budget
Business Development Manager
Revenue Manager
Per the aforementioned Resolution, employee titles listed will only access the information
for purposes of City administration, revenue management and budgeting, community and
economic development, and/or business license tax administration.
Sincerely,
Stephen Schwabauer, City Manager
cc: Mary Hubbell, HdL Companies
RESOLUTION NO. 2018-247
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AGREEMENTS WITH THE
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
FOR IMPLEMENTATION OF LOCAL TRANSACTIONS AND USE TAX
WHEREAS, on July 18, 2018, the City Council approved Ordinance No. 1953 amending
the City Municipal Code and providing for a local transactions and use tax; and
WHEREAS, the California Department of Tax and Fee Administration (Department)
administers and collects the transactions and use taxes for all applicable jurisdictions within the
State; and
WHEREAS, the Department will be responsible to administer and collect the
transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a "Preparatory Agreement"
and an "Administration Agreement" prior to implementation of said taxes; and
WHEREAS, the Department requires that the City Council authorize the agreements.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lodi that the
"Preparatory Agreement" attached as Exhibit A and the "Administrative Agreement" attached as
Exhibit B are hereby approved; and
BE IT FURTHER RESOLVED by the City Council of the City of Lodi that the
City Manager is hereby authorized to execute the agreements on behalf of the City of Lodi.
Dated: December 19, 2018
I hereby certify that Resolution No. 2018-247 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held December 19, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
f,uvu-rV---Zatu_41
NIFER.D.A. FERRAIOLO
ity Clerk
2018-247
EXHIBIT A
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance
with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code, the City of Lodi, hereinafter called City, and the CALIFORNIA DEPARTMENT OF
TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:
1. The Department agrees to enter into work to prepare to administer and operate a
transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code
which has been approved by a majority' of the electors of the City and whose ordinance has been
adopted by the City.
2. City agrees to pay to the Department at the times and in the amounts hereinafter specified
all of the Department's costs for preparatory work necessary to administer the City's transactions and
use tax ordinance. The Department's costs for preparatory work include costs of developing
procedures, programming for data processing, developing and adopting appropriate regulations,
designing and printing forms, developing instructions for the Department's staff and for taxpayers, and
other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.
These costs shall include both direct and indirect costs as specified in Section 11256 of the
Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal
accounting and personnel records currently maintained by the Department. The billings for costs may
be presented in summary form. Detailed records of preparatory costs will be retained for audit and
verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Department shall be
referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Department shall be billed by the Department periodically,
with the final billing within a reasonable time after the operative date of the ordinance. City shall pay
to the Department the amount of such costs on or before the last day of the next succeeding month
following the month when the billing is received.
6. The amount to be paid by City for the Department's preparatory costs shall not exceed one
hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
1
EXHIBIT A
7. Communications and notices may be sent by first class United States mail.
Communications and notices to be sent to the Department shall be addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Supervisor
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
Andrew Keys, Deputy City Manager
221 W. Pine St
Lodi, CA 95241
8. The date of this agreement is the date on which it is approved by the Department of General
Services. This agreement shall continue in effect until the preparatory work necessary to administer
City's transactions and use tax ordinance has been completed and the Department has received all
payments due from City under the terms of this agreement.
CITY OF LODI CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By By
Stephen Schwabauer, City Manager Administrator
Approved oil to form
City Attorney
2
EXHIBIT B
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Lodi has adopted, and the voters of the City of
Lodi (hereafter called "City" or "District") have approved by the required majority vote, the City of
Lodi Transactions and Use Tax Ordinance (hereafter called "Ordinance"), a copy of which is attached
hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the
Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the
"Department") and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement,
they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed
under an ordinance specifically authorized by Revenue and Taxation code Section 7251, and in
compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to
above and attached hereto, Ordinance No. 1953, as amended from time to time, or as deemed to be
amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform
exclusively all functions incident to the administration and operation of the City Ordinance.
B. Other Applicable Laws. City agrees that all provisions of law applicable to the
administration and operation of the Department Sales and Use Tax Law which are not inconsistent with
Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and
operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may
be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from
that Fund for any authorized purpose, including making refunds, compensating and reimbursing the
Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which
City is entitled.
C. Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all
district taxes collected under the provisions of the City Ordinance shall be transmitted to City
periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City's self-imposed
limits or by final judgment of any court of the State of California holding that City's ordinance is
invalid or void, all district taxes collected under the provisions of the City Ordinance shall be
transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City
designated and authorized by the City. A statement shall be furnished at least quarterly indicating the
amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Department shall prescribe and adopt such rules and regulations as in its
judgment are necessary or desirable for the administration and operation of the City Ordinance and the
distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this
Agreement, the Department shall give no preference in applying money received for state sales and use
taxes, state -administered local sales and use taxes, and district transactions and use taxes owed by a
taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties,
cities and counties, redevelopment agencies, other districts, and City as their interests appear.
(Rev. 10/17) 2
F. Security. The Department agrees that any security which it hereafter requires to be
furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will
be available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Department shall not be required to change the terms of any security now held by it, and City shall
not participate in any security now held by the Department.
G. Records of the Department.
When requested by resolution of the legislative body of the City under section 7056 of the
Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to
examine the records of the Department, including the name, address, and account number of each seller
holding a seller's permit with a registered business location in the City, pertaining to the ascertainment
of transactions and use taxes collected for the City. Information obtained by the City from examination
of the Department's records shall be used by the City only for purposes related to the collection of
transactions and use taxes by the Department pursuant to this Agreement.
H. Annexation. City agrees that the Department shall not be required to give effect to an
annexation, for the purpose of collecting, allocating, and distributing District transactions and use
taxes, earlier than the first day of the calendar quarter which commences not less than two months after
notice to the Department. The notice shall include the name of the county or counties annexed to the
extended City boundary. In the event the City shall annex an area, the boundaries of which are not
coterminous with a county or counties, the notice shall include a description of the area annexed and
two maps of the City showing the area annexed and the location address of the property nearest to the
extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that
impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2
of the Revenue and Taxation Code:
(Rev. 10/17) 3
1. Any payment not identified as being in payment of liability owing to a designated
district or districts may be apportioned among the districts as their interest appear, or, in the discretion
of the Department, to all districts with which the Department has contracted using ratios reflected by
the distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the
Department, and all amounts refunded or credited may be distributed or charged to the respective
districts in the same ratio as the taxpayer's self -declared district taxes for the period for which the
determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to
vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for
registration or on the certificate of ownership may be used by the Department in determining the place
of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance
such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the
Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States
mail to the addresses listed below, or to such other addresses as the parties may from time to time
designate. A notification is complete when deposited in the mail.
(Rev, 10/17) 4
Communications and notices to be sent to the Department shall be addressed to:
California State Department of Tax and Fee Administration
P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
Andrew Keys, Deputy City Manager
221 W. Pine St.
Lodi, CA 95241
Unless otherwise directed, transmittals of payment of District transactions and use taxes
will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of
General Services. The Agreement shall take effect on April 1, 2019. This Agreement shall continue
until December 31 next following the expiration date of the City Ordinance, and shall thereafter be
renewed automatically from year to year until the Department completes all work necessary to the
administration of the City Ordinance and has received and disbursed all payments due under that
Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal
of the City Ordinance not less than 110 days prior to the operative date of the repeal.
(Rev. 10/17) 5
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the
City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under
Article H. C., until a court of competent jurisdiction renders a final and non -appealable judgment that
the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall
transmit to the Department the moneys retained in escrow, including any accumulated interest, within
ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and
non -appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of
California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to
taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Department may retain all payments made by City to Department to prepare to
administer the City Ordinance.
2. City will pay to Department and allow Department to retain Department's cost of
administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Department or to the State of California the amount of any taxes plus
interest and penalties, if any, that Department or the State of California may be required to rebate or
refund to taxpayers.
(Rev. 10/17) 6
4. City will pay to Department its costs for rebating or refunding such taxes, interest, or
penalties. Department's costs shall include its additional cost for developing procedures for processing
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and
developing instructions for Department's staff for use in making these rebates or refunds and any other
costs incurred by Department which are reasonably appropriate or necessary to make those rebates or
refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256
of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and
personnel records currently maintained by the Department. The billings for such costs may be
presented in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall
be referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Department in connection with such refunds shall be billed by
Department on or before the 25th day of the second month following the month in which the judgment
of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter
Department shall bill City on or before the 25th of each month for all costs incurred by Department for
the preceding calendar month. City shall pay to Department the amount of such costs on or before the
last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and
penalties refunded or paid to taxpayers, together with Department costs incurred in making those
refunds.
CITY OF CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
By By
Stephen Schwabauer, City Manager Administrator
,Approved as to form
(itv Attorney et/
(Rev. 10/17) 7
ORDINANCE NO. 1953
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI
MUNICIPAL CODE TITLE 3 — REVENUE AND FINANCE — BY ADDING
CHAPTER 3.30, "2018 GENERAL RETAIL TRANSACTIONS AND USE TAX," BY
IMPOSING AN ONGOING ONE-HALF (0.50) CENT PER DOLLAR TRANSACTIONS
AND USE TAX FOR UNRESTRICTED GENERAL REVENUE PURPOSES, TO
REMAIN IN EFFECT UNTIL THE VOTERS AMEND OR REPEAL IT, TO BE
COLLECTED AND ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION, SUBJECT TO VOTER APPROVAL
The City Council of the City of Lodi hereby finds as follows:
A. The City is a full service city that provides vital municipal services and facilities;
however, additional revenue is necessary to fund these services, including:
1. Maintaining and enhancing rapid police and fire response times by restoring
firefighter and adding police positions;
2. Maintaining neighborhood police patrols and fire stations;
3. Maintaining library hours;
4. Repairing potholes and local streets;
5. Maintaining recreation facilities and programs;
6. Addressing homelessness; and
7. Other essential services.
B. The City's current and projected revenues are insufficient to fully provide these
municipal services and facilities at the level our residents need and expect.
C. This tax measure provides local funding for local needs, cannot be taken by the
State of California or Washington, D.C., and includes strict accountability requirements,
including independent oversight by a citizens' committee that must meet in public, full disclosure
of public spending available on the City's website and at other public locations in the City;
annual financial audits; and a requirement that all funds raised be spent locally.
D. This tax measure invests in our community. Enhancing rapid police and fire
response times by restoring firefighter and adding police positions and maintaining
neighborhood police patrols and fire stations are an investment in public safety that strengthen
local property values and make our community a more desirable place to live, do business and
raise a family.
E. Approximately 25% of the City's sales tax dollars are paid by tourists and visitors
from the surrounding area. This tax measure will help to make sure that tourists and visitors are
paying their fair share to maintain our community and not place the cost exclusively on City
residents.
F. The funding made available by this measure will enable the City to restore and
improve its general municipal services and facilities, including public safety. Nothing in this
measure allows tax revenue to be directed into a special fund or for a special purpose.
G. The tax revenue generated by this measure can be spent for unrestricted general
revenue purposes.
1
H. November 6, 2018 is the date of the statewide general election, and is the next
election date eligible for inclusion of this general tax measure.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF LODI:
Section 1. Lodi Municipal Code Title 3 - Revenue and Finance is hereby amended by
adding Chapter 3.30 "2018 General Retail Transactions and Use Tax" and shall read es follows:
CHAPTER 3.30
2018 GENERAL RETAIL TRANSACTIONS AND USE TAX
Sections:
3.30.010 Title
3.30.020 Operative Date
3.30.030 Purpose
3.30.040 Contract with State
3.30.050 Transactions Tax Rate
3.30.060 Place of Sale
3.30.070 Use Tax Rate
3.30.080 Adoption of Provisions of State Law
3.30.090 Limitations on Adoption of State Law and Collection of Use Taxes
3.30.100 Permit Not Required
3.30.110 Exemptions and Exclusions
3.30.120 Amendments to State Law
3.30.130 Enjoining Collection Forbidden
3.30.140 Annual Accountability Report
3.30.150 Establishment of Citizens' Oversight Committee
3.30.160 Annual Audit and Report
3.30.010 Title. This ordinance shall be known as the City of Lodi 2018 General Retail
Transactions and Use Tax Ordinance. The City of Lodi hereinafter shall be called "City." This
ordinance shall be applicable in the incorporated territory of the City.
3.30.020 Ccerative Date. "Operative date" means the first day of the first calendar quarter
commencing more than 110 days after the adoption of this ordinance, the date of such adoption
being as set forth below.
3.30.030 Purpose. This ordinance is adopted to achieve the following, among other
purposes, and directs that the provisions hereof be interpreted in order to accomplish those
purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of
Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and
Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance
which shall be operative if a majority of the electors voting on the measure vote to approve the
imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales and Use Tax Law of the State of California insofar as those
provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of
Division 2 of the Revenue and Taxation Code.
2
C. To adopt a retail transactions and use tax ordinance that imposes a tax and
provides a measure therefore that can be administered and collected by California Department
of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and
requires the least possible deviation from, the existing statutory and administrative procedures
followed by the California Department of Tax and Fee Administration in administering and
collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in
a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6
of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions
and use taxes, and at the same time, minimize the burden of record keeping upon persons
subject to taxation under the provisions of this ordinance.
E. To adopt a retail transactions and use tax for unrestricted general revenue
purposes, to remain in effect until the voters amend or repeal it.
3.40.040 Contract with State. Prior to the operative date, the City shall contract with the
California Department of Tax and Fee Administration to perform all functions incident to the
administration and operation of this transactions and use tax ordinance; provided, that if the City
shall not have contracted with the California Department of Tax and Fee Administration prior to
the operative date, it shall nevertheless so contract and in such a case the operative date shall
be the first day of the first calendar quarter following the execution of such a contract.
3.30.050 Transactions Tax Rate. For the privilege of selling tangible personal property at
retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the
rate of one-half percent (0.50%) of the gross receipts of any retailer from the sale of all tangible
personal property sold at retail in said territory on and after the operative date of this ordinance.
3.30.060 Place of Sale. For the purposes of this ordinance, all retail sales are
consummated at the place of business of the retailer unless the tangible personal property sold
is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for
delivery to an out-of-state destination. The gross receipts from such sales shall include delivery
charges, when such charges are subject to the state sales and use tax, regardless of the place
to which delivery is made. In the event a retailer has no permanent place of business in the
State or has more than one place of business, the place or places at which the retail sales are
consummated shall be determined under rules and regulations to be prescribed and adopted by
the California Department of Tax and Fee Administration.
3.30.070 Use Tax Rate. An excise tax is hereby imposed on the storage, use or other
consumption in the City of tangible personal property purchased from any retailer on and after
the operative date of this ordinance for storage, use or other consumption in said territory at the
rate of one-half cent (0.50%) of the sales price of the property. The sales price shall include
delivery charges when such charges are subject to state sales or use tax regardless of the
place to which delivery is made.
3.30.080 Adoption of Provisions of State Law. Except as otherwise provided in this
ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division
2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section
6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of
this ordinance as though fully set forth herein.
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3.30.090. Limitations an Adoption of State Law and Collection of Use Taxes, In adopting the
provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency,
the name of this City shall be substituted therefore. However, the substitution shall not be made
when:
1, The word "State" is used as a part of the title of the State Controller, State
Treasurer, State Treasury, or the Constitution of the State of California;
2, The result of that substitution would require action to be taken by or
against this City or any agency, officer, or employee thereof rather than by or against the
California Department of Tax and Fee Administration, in performing the functions
incident to the administration or operation of this ordinance,
3. In those sections, including, but not necessarily limited to sections
referring to the exterior boundaries of the State of California, where the result of the
substitution would be to:
a. Provide an exemption from this tax with respect to certain sales,
storage, use or other consumption of tangible personal property which
would not otherwise be exempt from this tax while such sales, storage,
use or other consumption remain subject to tax by the State under the
provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or
b. Impose this tax with respect to certain sales, storage, use or other
consumption of tangible personal property which would not be subject to
tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715,
6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" In the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase In Section
6203.
3.30.100. Permit Not Required. If a seller's permit has been issued to a retailer under Section
6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required
by this ordinance.
3.30.110. Exemptions and Exclusions.
A, There shall be excluded from the measure of the transactions tax and the use tax
the amount of any sales tax or use tax levied by the State of California or by any city, city and
county, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law or the
amount of any state -administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the
gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products,
to operators of aircraft to be used or consumed principally outside the county in which
the sale is made and directly and exclusively in the use of such aircraft as common
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carriers of persons or property under the authority of the laws of this State, the United
States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point
outside the City, pursuant to the contract of sale, by delivery to such point by the retailer
or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such
point. For purposes of this paragraph, delivery to a point outside the City shall be
satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to
registration pursuant to Chapter 1 (commencing with Section 4000) of
Division 3 of the Vehicle Code, aircraft licensed in compliance with
Section 21411 of the Public Utilities Code, and undocumented vessels
registered under Chapter 2 of Division 3.5 (commencing with Section
9840) of the Vehicle Code by registration to an out -of -City address and by
a declaration under penalty of perjury, signed by the buyer, stating that
such address Is, In fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of
business out -of -City and declaration under penalty of perjury, signed by
the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish
the property for a fixed price pursuant to a contract entered into prior to the operative
date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such
property, for any period of time for which the lessor is obligated to lease the property for
an amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subsections (3) and (4) of this section, the sale or
lease of tangible personal property shall be deemed not to be obligated pursuant to a
contract or lease for any period of time for which any party to the contract or lease has
the unconditional right to terminate the contract or lease upon notice, whether or not
such right is exercised.
C. There are exempted from the use tax levied by this ordinance, the storage, use or
other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a
transactions tax under any state -administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft
and used or consumed by such operators directly and exclusively in the use of such
aircraft as common carriers of persons or property for hire or compensation under a
certificate of public convenience and necessity issued pursuant to the laws of this State,
the United States, or any foreign govemment. This exemption is in addition to the
exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of
the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price
pursuant to a contract entered into prior to the operative date of this ordinance.
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4. If the possession of, or the exercise of any right or power over, the
tangible personal property arises under a lease which is a continuing purchase of such
property for any period of time for which the lessee is obligated to lease the property for
an amount fixed by a lease prior to the operative date of this ordinance.
5. For the purposes of subsections (3) and (4) of this section, storage, use,
or other consumption, or possession of, or exercise of any right or power over, tangible
personal property shall be deemed not to be obligated pursuant to a contract or lease for
any period of time for which any party to the contract or lease has the unconditional right
to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in
the City shall not be required to collect use tax from the purchaser of tangible personal
property, unless the retailer ships or delivers the property into the City or participates
within the City in making the sale of the property, including, but not limited to, soliciting or
receiving the order, either directly or indirectly, at a place of business of the retailer in the
City or through any representative, agent, canvasser, solicitor, subsidiary, or person in
the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer
of any of the following: vehicles subject to registration pursuant to Chapter 1
(commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in
compliance with Section 21411 of the Public Utilities Code, or undocumented vessels
registered under Chapter 2 of Division 3.5 (commencing with Section 9840) of the
Vehicle Code. That retailer shall be required to collect use tax from any purchaser who
registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax
any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer
liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation
Code with respect to the sale to the person of the property the storage, use or other
consumption of which is subject to the use tax.
3.30.120. Amendments to State I_aw, All amendments subsequent to the effective date of this
ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use
taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and
Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and
Taxation Code, shall automatically become a part of this ordinance, provided however, that no
such amendment shall operate so as to affect the rate of tax imposed by this ordinance.
3.30.130 Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action
or proceeding in any court against the State or the City, or against any officer of the State or the
City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the
Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
3.30.140 Annual Accountablity Report, The City Council shall cause preparation of an
annual accountability report for the benefit of the citizens of the City and in order to assure
accountability in the expenditure of tax revenues received pursuant to this ordinance. The
annual accountability performance report shall be posted on the City's website and shall include
the following information:
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A. The amount of revenue collected pursuant to the transactions and use tax
imposed by this ordinance;
B. The amount and general purposes of the expenditures made possible by this
ordinance including, where feasible, a categorization of the nature and purpose of the
expenditures. These categories may include, among other things:
1. A listing of general fund service expenditures (such as police, fire, parks and
recreation, library, youth and senior programs, and other general fund
services).
2. A listing of capital facility expenditures (such as streets, police and fire
facilities, emergency communication systems, and other general fund capital
expenditures).
3. Such other categories of general fund services or capital expenditures as the
City Council may from time to time deem necessary and desirable.
3.30.150 Establishment of Citizens' Oversight Committee.
A. Committee Established. A Citizens' Oversight Committee is hereby established in
the City of Lodi which shall have the duty and responsibility to review the annual accountability
performance report and report its findings to the City Council and the citizens of the City.
B. Selection of Members. Members of the Citizens' Oversight Committee shall be
appointed by the City Council. The Committee shall consist of five members. Members of the
Citizens' Oversight Committee shall not be current City of Lodi employees, officials, contractors,
or vendors of the City. Past employees, officials, contractors, and vendors shall be eligible to
serve on the Committee, provided that there are no conflicts of interest as determined by the
City Attorney. To the extent possible at least two members of the Committee shall be certified
public accountants or equivalent. Of the members of the Committee first appointed, three
members shall be appointed for terms of two years and two members shall be appointed for
terms of three years. Their successors shall be appointed for terms of three years. No member
may serve more than two consecutive three-year terms. The City Council shall solicit members
of the Citizens' Oversight Committee, through an open application process that is promoted
through the City's recruiting process for boards and commissions. Any resident of the City Is
eligible to apply for Committee membership, subject to the restrictions specified above. All
applications will be reviewed by the City Council, which will have the authority to make final
decisions regarding Committee composition, subject to the guidelines in this ordinance.
C. Purposes and Jurisdiction. The Citizens' Oversight Committee shall meet a
minimum of three times per year, including conducting an annual review of expenditures of
revenue collected pursuant to this ordinance to determine whether such funds are expended for
the purposes set forth in this ordinance. Committee members may review the annual financial
audit performed by an independent auditor during the review process. The Citizens' Oversight
Committee shall issue an annual report on their findings to the City Council and to the citizens of
Lodi. The Citizens' Oversight Committee annual report is subject to review and approval of the
City Council. The Committee shall confine its review specifically to revenues generated
pursuant to this ordinance and the expenditure of those revenues. The Committee shall serve in
an advisory -only role to the City Council. Committee members shall not play a formal or informal
role in the expenditure of the funds raised by this ordinance. The Committee is not charged with
decision-making on spending priorities; schedules; project details; funding source decisions;
financing plans; or tax rate assumptions. The Committee shall have no jurisdiction other than
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that delegated to it by the People pursuant to this ordinance. The Lodi City Manager or the City
Manager's designee shall provide reasonable administrative or technical assistance required by
the Committee to fulfill its responsibilities or publicize its findings.
D. Meetings. The Citizens' Oversight Committee shall meet a minimum of three
times per year with specific meeting dates to be determined by Committee members. Citizens'
Oversight Committee meetings are subject to the Brown Act. Meetings must be noticed and
open to the public. Committee minutes and reports are a matter of public record, and must be
posted on the City's web site. Additional meetings may be scheduled by the Committee as
necessary. All Committee members shall attend a training and orientation session prior to the
first regular Committee meeting. Committee members are expected to attend all regular
meetings. Failure to attend two consecutive meetings may result in removal from the Committee
at the discretion of the City Council.
E. Committee Operations The Citizens' Oversight Committee will select members
to serve as Chair and Vice Chair of the Committee. A City staff person will be appointed by the
City Manager, or the City Manager's designee, to serve as Secretary. The Secretary will be
responsible for preparing, posting, and distributing agendas and taking minutes at each
meeting. Approved minutes shall be made available to the public. Committee decisions,
positions, findings, and procedures shall require a simple majority vote of those Committee
members in attendance. The quorum requirement for any meeting shall be a minimum of three
(3) members.
F. Vacancies. Committee members may be removed from the Committee only by
the City Council for repeated absences at committee meetings, malfeasance, failure to meet the
qualifications set forth In this Section, or for inability or unwillingness to fulfill the duties of a
Committee member. In the event of removal, resignation, or death, the City Council shall
appoint a person to fill the vacant seat.
G. Miscellaneous. Subject to the restrictions specifically addressed in this Section,
the Committee may draft and adopt its own standard procedures and by-laws by majority vote.
All Citizens' Oversight Committee procedures and by-laws remain subject to review and
approval of the City Council.
3.40.160 Annual Audit and Review. The revenue from the tax imposed by this ordinance,
as well as the expenditure thereof, shall be subject to the annual audit performed by the City's
independent auditor of the City's books, records, accounts, and fiscal procedures and which is
reported in the City's Comprehensive Annual Financial Report. The audit results may be
combined with the audit of other City funds, so long as the proceeds from this ordinance are
reported separately. The City Council shall discuss the results of such audit at a meeting of the
City Council that is open to the public. The report of such audit shall be posted on the City's
website.
Section 2 No Mandatary Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3, Severability. If any provision of this ordinance or the application thereof to any
person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the
ordinance and the application of such provision to other persons or circumstances shall not be
affected thereby. The City Council of the City of Lodi hereby declares that they would have
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adopted each and every provision of this ordinance regardless of the invalidity of any other
provision.
Section 4. Conflicts. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
Section 5. Compliance with the California Environmental Quality Act: The approval of this
ordinance is exempt from the California Environmental Quality Act (Public Resources Code
Sections 21000, et seq., "CEQA" and 14 Cal. Code of Regs. Sections 15000 et seq., "CEQA
Guidelines"). This ordinance imposes a general sales tax that can be used for unrestricted
general revenue purposes as specified in this ordinance. It is not a commitment to any specific
project that may result in a potentially significant physical impact on the environment.
Section 6. Codification. Subject to the voter approval, the City Clerk, in consultation with
the City Attorney, is hereby authorized and directed to codify this ordinance in the Lodi
Municipal Code.
Section 7. Effective Date and Submission to Voters. This ordinance relates to the levying
and collecting of the City transactions and use tax and shall take effect immediately upon the
approval of a majority of the voters of the City as required by Section 2(b) of Article XIIIC of the
California Constitution and applicable law.
Section 8, Termination, Amendment, Repeal. The authority to levy the tax imposed by this
ordinance shall be In effect until and unless this ordinance is amended or repealed.
Section 9. Certification and Publication. The City Clerk shall certify the final approval of this
ordinance, publish the same as required by law, and forward a certified copy of the adopted
ordinance to the California Department of Tax and Fee Administration.
Approved this 18th day of July, 2018
ALAN NAKANISHI
Mayor
ATTEST:
J' NNIFEFERRAIOLO
ity Clerk
State of California
County of San Joaquin, ss.
1, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1953
was introduced at a regular meeting of the City Council of the City of Lodi held June 20, 2018,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held July 18, 2018, by the following vote:
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AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson
ABSTAIN: COUNCIL MEMBERS — None
1 further certify that Ordinance No. 1953 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
pproved to Form:
JANICF O. MAGOICH
City Attorney
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�IEIVNIFERN. FERRAIOLO
City Clerk