HomeMy WebLinkAbout2007-414
RESOLUTION NO. 2007-414
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DESIGNATING MUNlSERVICES, LLC AS THE
AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS
(SALES) AND USE TAX RECORDS, AND DESIGNATING THE CITY
MANAGER, THE DIRECTOR OF FINANCE AND THE DEPUTY DIRECTOR OF
FINANCE AS THE CITY OFFICERS AUTHORIZED TO RECEIVE
INFORMATION CONTAINED IN, OR DERIVED FROM, THE TRANSACTIONS
(SALES) AND USE TAX RECORDS, AND RESCINDING RESOLUTION 87-130.
WHEREAS, pursuant to Ordinance No. MCI229 of the City of San Bernardino
and Section 7270 of the Revenue and Taxation Code, the City of San Bernardino entered
into a contract with the State Board of Equalization to perform all functions incident to the
administration and operation of the Transactions and Use Tax Ordinance; and
WHEREAS, the City of San Bernardino deems it desirable and necessary for
authorized representatives of the City of San Bernardino to examine confidential
transactions and use tax records of the State Board of Equalization pertaining to
transactions and use taxes collected by the Board of Equalization for the City of San
Bernardino pursuant to that contact; and
WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain
requirements and conditions for the disclosure of State Board of Equalization records and
establishes criminal penalties for the unlawful disclosure of information contained in or
derived from, the transactions and use tax records of the Board of Equalization.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND
COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. The City of San Bernardino designates the City Manager, the
Director of Finance and the Deputy Director of Finance as the authorized officers to the
State Board of Equalization to represent the City of San Bernardino with authority to
examine transactions and use tax records of the State Board of Equalization pertaining to
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DESIGNATING MUNISERVICES, LLC AS THE
AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS
(SALES) AND USE TAX RECORDS, AND DESIGNATING THE CITY
MANAGER, THE DIRECTOR OF FINANCE AND THE DEPUTY DIRECTOR OF
FINANCE AS THE CITY OFFICERS AUTHORIZED TO RECEIVE
INFORMATION CONTAINED IN, OR DERIVED FROM, THE TRANSACTIONS
(SALES) AND USE TAX RECORDS, AND RESCINDING RESOLUTION 87-130.
transactions and use taxes collected for the City of San Bernardino by the State Board of
Equalization pursuant to the contract between the City of San Bernardino and the State
Board of Equalization. The information obtained by examination of State Board of
Equalization records shall be used only for purposes related to the collection of the City of
San Bernardino's transactions and use taxes by the State Board of Equalization pursuant to
the contract.
SECTION 2. The City of San Bernardino designates MuniServices, LLC to
examine the transactions and use tax records of the State Board of Equalization pertaining
to transactions and use taxes collected for the City of San Bernardino by the State Board of
Equalization. MuniServices, LLC, designated by this section, meets all the following
conditions:
a. has an existing contract with the City of San Bernardino to examine
those transactions and use tax records;
b. is required by that contract to disclose information contained in, or
derived, from those transactions and use tax records only to the officers
authorized under Section I of this Resolution to examine information;
c. is prohibited by that contract from performing consulting services for a
retailer during the term ofthat contract;
d. is prohibited by that contract from retaining the information contained
in, or derived from, those transactions and use tax records after that
contract has expired.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO DESIGNATING MUNISERVICES, LLC AS THE
AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS
(SALES) AND USE TAX RECORDS, AND DESIGNATING THE CITY
MANAGER, THE DIRECTOR OF FINANCE AND THE DEPUTY DIRECTOR OF
FINANCE AS THE CITY OFFICERS AUTHORIZED TO RECEIVE
INFORMATION CONTAINED IN, OR DERIVED FROM, THE TRANSACTIONS
(SALES) AND USE TAX RECORDS, AND RESCINDING RESOLUTION 87-130.
SECTION 3. The City of San Bernardino Resolution 87-130 is hereby rescinded
and replaced by this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a j oint regular meeting thereof,
held on the ~ day of October
,2007, by the following vote, to wit:
COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT
ESTRADA ~
. BAXTER X
-
BRINKER x
x
DERRY
KELLEY x
JOHNSON x
McCAMMACK 1L-
~~!.J.~
R el Clark, City Clerk
The foregoing resolution is hereby approved thi~ day of October 2007.
J. Morris, Ma r
San Bernardino
Approved as to form:
JAMES F. PENMAN
City A
BY:
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