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HomeMy WebLinkAbout2011-278 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2011-278 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS (HDL) AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND DESIGNATING THE CITY MANAGER, ASSIST ANT 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 2010-350. WHEREAS, pursuant to Ordinance No. MCl229 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. / / / / / / / / / / / / / / / 2011-278 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS, COMPANIES, LLC AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND DESIGNATING THE CITY MANAGER, ASSIST ANT 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 2010-350. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City of San Bernardino designates the City Manager, Assistant 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 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 Hinderliter, de Llamas Companies, 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. Hinderliter, de Llamas Companies, 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; 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2011-278 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS, COMPANIES, LLC AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND DESIGNATING THE CITY MANAGER, ASSISTANT CITY MANAGER, THE DIRECTOR OF FINANCE AND THE DEPUTY DIRECTOR OF FINANCE AS THE CITY OFFICERS AUTHORIZED TO RECEIVE INFORMATION CONT AINED IN, OR DERIVED FROM, THE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND RESCINDING RESOLUTION 2010-350. 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 1 of this Resolution to examine 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 transactions and use tax records after that contract has expired. /II /II /II 1/1 1/1 1/1 /II 1/1 /II /II 1/1 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2011-278 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS, COMPANIES, LLC AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS (SALES) AND USE T AX RECORDS, AND DESIGNATING THE CITY MANAGER, ASSISTANT 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 2010-350. SECTION 3. The City of San Bernardino Resolution 2010-350 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 ,2011, by the following vote, to wit: COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT MARQUEZ x - JENKINS x BRINKER x - SHORETT x KELLEY x JOHNSON x McCAMMACK x IV) :",,', L; t, , J'" ,:r:,t,,,,-t "y' (. t ,cL Ie., Rachel Clark, City Clerk The foregoing resolution is hereby approved this S/J+ day of October 2011. Approved as to form: JAMES F. PENMAN 26 City Attorney 27 BY: ~ 1-. f~ 28 C 4