HomeMy WebLinkAbout2014-354 RESOLUTION NO. 2014-354
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS (HDL) AS THE
3 AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS
(SALES) AND USE TAX RECORDS, AND DESIGNATING THE CITY MANAGER,
4 DEPUTY CITY MANAGER, BUDGET OFFICER, DIRECTOR OF FINANCE,
ACCOUNTING MANAGER, AND THE PRINCIPAL ACCOUNTANT AS THE CITY
5 OFFICERS AUTHORIZED TO RECEIVE INFORMATION CONTAINED IN, OR
6 DERIVED FROM, THE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND
RESCINDING RESOLUTION NO 2011-278.
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WHEREAS, pursuant to Ordinance No. MC1229 of the City of San Bernardino and
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9 Section 7270 of the Revenue and Taxation Code, the City of San Bernardino entered into a
10 contract with the State Board of Equalization to perform all functions incident to the
11 administration and operation of the Transactions and Use Tax Ordinance; and
12 WHEREAS, the City of San Bernardino deems it desirable and necessary for
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authorized representatives of the City of San Bernardino to examine confidential
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15 transactions and use tax records of the State Board of Equalization pertaining to transactions
16 and use taxes collected by the Board of Equalization for the City of San Bernardino
17 pursuant to that contact; and
18 WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain
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requirements and conditions for the disclosure of State Board of Equalization and records
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21 and establishes criminal penalties for the unlawful disclosure of information contained in or
22 derived from, the transactions and use tax records of the Board of Equalization.
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I NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
2 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
3 SECTION 1. The City of San Bernardino designates the City Manager, Deputy City
4 Manager, Budget Officer, the Director of Finance, Accounting Manager, and the Principal
5 Accountant as the authorized officers to the State Board of Equalization to represent the
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City of San Bernardino with the authority to examine transactions and use tax records of the
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State Board of Equalization pertaining to transactions and use taxes collected for the City of
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9 San Bernardino by the State Board of Equalization pursuant to the contract between the City
10 of San Bernardino and the State Board of Equalization. The information obtained by
11 examination of State Board of Equalization records shall be used only for purposes related
12 to the collection of the City of San Bernardino's transactions and use taxes by the State
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Board of Equalization pursuant to the contract.
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15 SECTION 2. The City of San Bernardino designates Hinderliter, de Llamas
16 Companies, LLC to examine the transactions and use tax records of the State Board of
17 Equalization pertaining to transactions and use taxes collected for the City of San Bernardino
18 by the State Board of Equalization. Hinderliter, de Llamas Companies, LLC, designated by
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this section, meets all the following conditions:
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21 a. has an existing contract with the City of San Bernardino to examine those
22 transactions and use tax records;
23 b. is required by the contract to disclose information contained in, or derived, from
24 those transactions and use tax records only to the officers authorized under Section
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1 of this Resolution to examine information;
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27 c. is prohibited by that contract from performing consulting services for a retailer
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2 d. is prohibited by that contract from retaining the information contained in, or derived
3 from, those transactions and use tax records after that contract has expired.
4 SECTION 3. The City of San Bernardino Resolution 2011-278 is hereby rescinded
5 and replaced by this Resolution.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS (HDL) AS THE
AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS
3 (SALES) AND USE TAX RECORDS, AND DESIGNATING THE CITY MANAGER,
DEPUTY CITY MANAGER, BUDGET OFFICER, DIRECTOR OF FINANCE,
4 ACCOUNTING MANAGER, AND THE PRINCIPAL ACCOUNTANT AS THE CITY
5 OFFICERS AUTHORIZED TO RECEIVE INFORMATION CONTAINED IN, OR
DERIVED FROM, THE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND
6 RESCINDING RESOLUTION NO 2011-278.
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
8 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
9 the 6th day of October, 2014, by the following vote, to wit:
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11 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
12 MARQUEZ X
13 BARRIOS x
14 VALDIVIA X
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SHORETT X
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17 NICKEL X
18 JOHNSON X
19 MULVIHILL X
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George Hanna,Uy Clerk
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23 The foregoing Resolution is hereby approved this 7 — day of October, 2014.
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25 R. Carey 15avis, Mayor
26 City of San Bernardino
Approved as to form:
27 Gary D. Saenz, City Attorney
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