Loading...
HomeMy WebLinkAbout05.G- Finance 5.G RESOLUTION (ID #3477) DOC ID: 3477 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION In Support/Opposition From: David Cain M/CC Meeting Date: 10/06/2014 Prepared by: Veronica Martinez, (909) 384- 5242 Dept: Finance Ward(s): All Subject: 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, Deputy City Manager, Budget Officer, Director of Finance, Accounting Manager, and the Principal Accountant as the City Officers Authorized to Receive Information Contained In, or Derived From, the Transactions (Sales) and Use Tax Records, and Rescinding Resolution No. 2011-278. (#3477) Current Business Registration Certificate: Not Applicable Financial Impact: Account Budgeted Amount: None Account No. N/A Account Description: N/A Balance as of. <<Insert Date>> Balance after approval of this item: <<Insert Amount>> Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred, but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: October 5, 2011 - Resolution 2011-278 adopted, designating HDL, City Manager, Assistant City Manager, Finance Director, and Deputy Director of Finance as the authorized City representatives to examine transactions (sales) and use tax records. October 18, 2010 - Resolution 2010-350 adopted, designating HDL, City Manager, Finance Director, and Deputy Director of Finance as the authorized City representatives to examine transactions (sales) and use tax records. Background: On October 18, 2010,the City issued resolution 2010-350, which added Hinderliter, De Llamas, our new sales tax consultants to the list of authorized City representatives to examine transactions (sales) and use tax records for the City of San Bernardino. On October 5, 2011, the City issued resolution 2011-278 which added the Assistant City Manager to the list of authorized City representatives to examine transactions (sales) and use tax records. Since 2011, the City of San Bernardino has gone through many changes and changes continue to Updated: 9/18/2014 by Jolena E.Grider Packet Pg. 138 5 G. 3477 occur. The Assistant City Manager title has changed to Deputy City Manager,the Assistant Finance Director position has been eliminated, and a Principal Accountant position has been added to the Finance Department. In order to continue to run a smooth transition of the many changes occurring in the City, a change of authorized representatives to examine transactions (sales) and use tax records should include Hinderliter De Llamas and the positions of,the City Manager, Deputy City Manager, Budget Officer, Director of Finance, Accounting Manager, and the Principal Accountant. These changes will continue to allow information from the State Board of Equalization to flow through the City Manager's Office and the Finance Department moving the city forward during times of change and restructure. City Attorney Review: Supporting Documents: Reso State Board of Equalization Authorized City Representatives (DOCX) Reso 2011-278 (PDF) Reso 2010-350 (PDF) { Updated:9/18/2014 by Jolena E.Grider Packet Pg. 139 5.G.a RESOLUTION NO. _ 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF E SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS (HDL) AS THE w 3 AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS 0 (SALES) AND USE TAX RECORDS, AND DESIGNATING THE CITY MANAGER, 4 DEPUTY CITY MANAGER, BUDGET OFFICER, DIRECTOR OF FINANCE, 5 ACCOUNTING MANAGER, AND THE PRINCIPAL ACCOUNTANT AS THE CITY = OFFICERS AUTHORIZED TO RECEIVE INFORMATION CONTAINED IN, OR 6 DERIVED FROM, THE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND RESCINDING RESOLUTION NO 2011-278. 7 WHEREAS, pursuant to Ordinance No. MC1229 of the City of San Bernardino and 8 N 9 Section 7270 of the Revenue and Taxation Code, the City of San Bernardino entered into a �°_ w 10 contract with the State Board of Equalization to perform all functions incident to the Q ti ti 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 a 13 authorized representatives of the City of San Bernardino to examine confidential 14 a 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 0 N 1 17 pursuant to that contact; and `0 18 WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain = 19 ° requirements and conditions for the disclosure of State Board of Equalization and records N 20 { 21 and establishes criminal penalties for the unlawful disclosure of information contained in or Cr 0 22 derived from,the transactions and use tax records of the Board of Equalization. 0 m 23 w 24 /// o 25 26 `r 27 28 1 Packet Pg. 140 5.G.a NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 1 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: _ E 2 SECTION 1. The City of San Bernardino designates the City Manager, Deputy City w 3 ° Manager, Budget Officer, the Director of Finance, Accounting Manager, and the Principal 4 Accountant as the authorized officers to the State Board of Equalization to represent the 5 ° 6 City of San Bernardino with the authority to examine transactions and use tax records of the C 7 State Board of Equalization pertaining to transactions and use taxes collected for the City of U 8 ° San Bernardino by the State Board of Equalization pursuant to the contract between the City N L 9 0 of San Bernardino and the State Board of Equalization. The information obtained by a 10 examination of State Board of Equalization records shall be used only for purposes related 11 M 12 to the collection of the City of San Bernardino's transactions and use taxes by the State w 13 Board of Equalization pursuant to the contract. N 14 SECTION 2. The City of San Bernardino designates Hinderliter, de Llamas 15 Companies, LLC to examine the transactions and use tax records of the State Board of 16 Equalization pertaining to transactions and use taxes collected for the City of San Bernardino N 17 Lo 18 by the State Board of Equalization. Hinderliter, de Llamas Companies, LLC, designated by Q 19 this section, meets all the following conditions: N 20 a. has an existing contract with the City of San Bernardino to examine those Cr 21 w transactions and use tax records; o 22 b. is required by the contract to disclose information contained in, or derived, from m° 23 Y those transactions and use tax records only to the officers authorized under Section Cn 24 0 25 1 of this Resolution to examine information; c 26 c. is prohibited by that contract from performing consulting services for a retailer 27 during the term of that contract; and a 28 2 Packet Pg. 141 5.G.a d. is prohibited by that contract from retaining the information contained in, or derived 1 c 2 from, those transactions and use tax records after that contract has expired. E X w 3 SECTION 3. The City of San Bernardino Resolution 2011-278 is hereby rescinded o N d 4 and replaced by this Resolution. c 5 N d L 7 U 8 N �L 9 _ r 10 ti ti tp 12 13 = m 14 Q 15 w 16 N 17 /// O t 18 C 19 N 20 21 w 0 22 O m 23 24 25 26 27 w w 28 3 Packet Pg. 142 5.G.a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS (HDL) AS THE _ AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS E 2 (SALES) AND USE TAX RECORDS, AND DESIGNATING THE CITY MANAGER, w 3 DEPUTY CITY MANAGER, BUDGET OFFICER, DIRECTOR OF FINANCE, o ACCOUNTING MANAGER, AND THE PRINCIPAL ACCOUNTANT AS THE CITY 4 OFFICERS AUTHORIZED TO RECEIVE INFORMATION CONTAINED IN, OR DERIVED FROM, THE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND 5 RESCINDING RESOLUTION NO 2011-278. L 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor W 7 and Common Council of the City of San Bernardino at a meeting 8 0 N 9 thereof, held on the day of , 2014, by the following vote, to wit: 0 10 a COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ti 11 M MARQUEZ N 12 ; BARRIOS a 13 14 VALDIVIA a a a� 15 SHORETT 16 NICKEL a� N 17 JOHNSON .,_°c 18 a MULV IHILL = 19 N 20 Cr 21 Georgeann Hanna, City Clerk w 0 E 22 M 0 The foregoing Resolution is hereby approved this day of , 2014. m 23 24 0 N d 25 R. Carey Davis, Mayor 26 City of San Bernardino Approved as to form: E 27 Gary D. Saenz, City Attorney a 28 By: 4 Packet Pg. 143 5.G.b RESOLUTION NO. 2011-278_ 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS 2 (HDL) AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE (' 3 TRANSACTIONS (SALES) AND USE TAX RECORDS, AND DESIGNATING THE o CITY MANAGER, ASSISTANT CI'T'Y MANAGER, THE DIRECTOR OF 4 FINANCE AND THE DEPUTY DIRECTOR OF FINANCE AS THE CITY X OFFICERS AUTHORIZED TO RECEIVE INFORMATION CONTAINED IN, OR ~ d 5 DERIVED FROM, THE TRANSACTIONS (SALES) AND USE TAX .RECORDS, 6 AND RESCINDING RESOLUTION 2010-350. _ ra N 7 =' WHEREAS, pursuant to Ordinance No. MC1229 of the City of San Bernardino in 8 y 9 and Section 7270 of the Revenue and Taxation Code, the City of San Bernardino entered o �a 10 into a contract with the State Board of Equalization to perfonn all functions incident to the L 11 administration and operation of the Transactions and Use Tax Ordinance; and c E 12 WHEREAS, the City of San Bernardino deems it desirable and necessary for w 13 ° authorized representatives of the City of San Bernardino to examine confidential 14 '- transactions and use tax records of the State Board of Equalization pertaining to 15 16 transactions and use taxes collected by the Board of Equalization for the City of San as 17 Bernardino pursuant to that contact; and U 18 WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain as N .I- 19 ° requirements and conditions for the disclosure of State Board of Equalization records and 5 20 a establishes criminal penalties for the unlawful disclosure of infonnation contained in or 21 M 22 derived from, the transactions and use tax records of the Board of Equalization. co N 23 0 N 24 I / / U) 25 26 E 27 " a 28 Packet Pg. 144 5.G.b 2011-278 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING HINDERIATER, DE LLAMAS, 1 COMPANIES, LLC AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND 2 DESIGNATING THE CITY MANAGER, ASSISTANT CITY MANAGER, THE DIRECTOR OF FINANCE AND THE DEPUTY DIRECTOR OF FINANCE AS o 3 THE CITY OFFICERS AUTHORIZED TO RECEIVE INFORMATION 4 CONTAINED IN, OR DERIVED FROM, THE TRANSACTIONS (SALES) AND x USE TAX RECORDS, AND RESCINDING RESOLUTION 2010-350. ar 5 M 6 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND N 7 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 N SECTION 1. The City of San Bernardino designates the City Manager, Assistant = 0 9 City Manager, the Director of Finance and the Deputy Director of Finance as the 10 L 11 authorized officers to the State Board of Equalization to represent the City of San 12 Bernardino with authority to examine transactions and use tax records of the State Board of x W 13 Equalization pertaining to transactions and use taxes collected for the City of San d 14 > Bernardino by the State Board of Equalization pursuant to the contract between the City of a 15 0 San Bernardino and the State Board of Equalization. The information obtained by CL 16 17 examination of State Board of Equalization records shall be used only for purposes related >, U 18 to the collection of the City of San Bernardino's transactions and use taxes by the State N L- 19 Board of Equalization pursuant to the contract. °, 0 20 a SECTION 2. The City of San Bernardino designates Hinderliter, de Llamas ti 21 Companies, LLC to examine the transactions and use tax records of the State Board of 22 °° Equalization pertaining to transactions and use taxes collected for the City of San `V 23 0 24 Bernardino by the State Board of Equalization. Hinderliter, de Llamas Companies, LLC, 0 as 25 designated by this section, meets all the following conditions: d 26 a. has an existing contract with the City of San Bernardino to examine 27 those transactions and use tax records; a 28 2 Packet Pg. 145 5.G.b 2011-278 RESOLUTION OF THE MAYOR AND COMMON COUNCIL; OF THE CITY OF SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS, 1 COMPANIES, LLC AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND 2 DESIGNATING THE CITY MANAGER, ASSISTANT CITY MANAGER, THE DIRECTOR OF FINANCE AND THE DEPUTY DIRECTOR OF FINANCE AS c 3 THE CITY OFFICERS AUTHORIZED TO RECEIVE INFORMATION 4 CONTAINED IN, OR DERIVED FROM, THE TRANSACTIONS (SALES) AND X USE TAX RECORDS, AND RESCINDING RESOLUTION 2010-350. d 5 6 b. is required by that contract to disclose information contained in, or N 7 derived, from those transactions and use tax records only to the officers Cn 8 N m authorized under Section ] of this Resolution to examine inforation; C 0 9 c. is prohibited by that contract from performing consulting services for a c 10 L 11 retailer during the term of that contract; and 12 d. is prohibited by that contract from retaining the information contained x w 13 in, or derived from, those transactions and use tax records after that y 0 14 contract has expired. ;? c 15 y CLd L 16 17 ' 18 19 20 t7 21 22 N 23 N 24 25 26 27 a 28 Packet Pg. 146 5.G.b 2011-278 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 1 CITY OF SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS, COMPANIES, LLC AS THE AUTHORIZED CITY REPRESENTATIVE TO 2 EXAMINE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND DESIGNATING THE CITY MANAGER, ASSISTANT CITY MANAGER, THE 3 DIRECTOR OF FINANCE AND THE DEPUTY DIRECTOR OF FINANCE AS o 4 THE CITY OFFICERS AUTHORIZED TO RECEIVE INFORMATION CONTAINED IN, OR DERIVED FROM, THE TRANSACTIONS (SALES) AND x 5 USE TAX RECORDS, AND RESCINDING RESOLUTION 2010-350. a� 6 SECTION 3. The City of San Bernardino Resolution 2010-350 is hereby rescinded 7 c=a N d $ and replaced by this Resolution. c`0n N 9 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor c w 10 and Common Council of the City of San Bernardino at a j oint regular meeting thereof, N 11 held on the 3rd day of October , 2011,by the following vote, to wit: 12 E COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT x 13 w 2 14 MARQUEZ x 0 JENKINS x _ 15 BRINKER x N 16 x SHORETT C 17 KELLEY x 18 JOHNSON x 19 McCAMMACK x _ `o r:- %... Rachel Clark,City Clerk Q 21 22 The foregoing resolution is hereby approved this��"' day of October 2011. M ti r N 23 Patrick . Morris, 24 n Bernardino N Approved as to form: 0 25 JAMES F. PENMAN 26 City Attorney 27 BY: w 28 a 4 Packet Pg. 147 (NOTE: COMPANION RESOLUTION 2010-351) RESOLUTION NO. 2010-350 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS 2 (HDL) AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE 3 TRANSACTIONS (SALES) AND USE TAX RECORDS, AND DESIGNATING THE CITY MANAGER, THE DIRECTOR OF FINANCE AND THE DEPUTY 4 DIRECTOR OF FINANCE AS THE CITY OFFICERS AUTHORIZED TO RECEIVE INFORMATION CONTAINED IN, OR DERIVED FROM, THE 5 TRANSACTIONS (SALES) AND USE TAX RECORDS, AND RESCINDING N 6 RESOLUTION 2007-414. 7 WHEREAS, pursuant to Ordinance No. MC1229 of the City of San Bernardino as 8 and Section 7270 of the Revenue and Taxation Code, the City of San Bernardino entered Cn N 9 s into a contract with the State Board of Equalization to perform all functions incident to the 10 = administration and operation of the Transactions and Use Tax Ordinance; and M 11 WHEREAS, the City of San Bernardino deems it desirable and necessary for E 12 M X 13 authorized representatives of the City of San Bernardino to examine confidential B 14 transactions and use tax records of the State Board of Equalization pertaining to y 15 transactions and use taxes collected by the Board of Equalization for the City of San 16 �- Bernardino pursuant to that contact; and 17 ' WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain 0 18 N 19 requirements and conditions for the disclosure of State Board of Equalization records and .�°_ a 20 establishes criminal penalties for the unlawful disclosure of information contained in or v 21 derived from, the transactions and use tax records of the Board of Equalization. 0 LO 22 M NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND 23 N COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 24 25 SECTION 1. The City of San Bernardino designates the City Manager, the E 26 Director of Finance and the Deputy Director of Finance as the authorized officers to the a 27 State Board of Equalization to represent the City of San Bernardino with authority to 28 examine transactions and use tax records of the State Board of Equalization pertaining to i Packet Pg. 148 2010-350 5.G.c RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS, 1 COMPANIES, LLC AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND 2 DESIGNATING THE CITY MANAGER, THE DIRECTOR OF FINANCE AND THE DEPUTY DIRECTOR OF FINANCE AS THE CITY OFFICERS v; 3 AUTHORIZED TO RECEIVE INFORMATION CONTAINED IN, OR DERIVED c FROM, THE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND d 4 RESCINDING RESOLUTION 2007-414. X 5 transactions and use taxes collected for the City of San Bernardino by the State Board of as 6 Equalization pursuant to the contract between the City of San Bernardino and the State R 7 Board of Equalization. The information obtained by examination of State Board of d 8 Cn Equalization records shall be used only for purposes related to the collection of the City of 9 s San Bernardino's transactions and use taxes by the State Board of Equalization pursuant to y 10 = 11 the contract. _ 12 SECTION 2. The City of San Bernardino designates Hinderliter, de Llamas to X W 13 Companies, LLC to examine the transactions and use tax records of the State Board of ° 14 Equalization pertaining to transactions and use taxes collected for the City of San 15 Bernardino by the State Board of Equalization. Hinderliter, de Llamas Companies, LLC, L 16 CL 17 designated by this section, meets all the following conditions: U 18 a. has an existing contract with the City of San Bernardino to examine N L 0 19 those transactions and use tax records; a 20 b. is required by that contract to disclose information contained in, or ti 21 M derived, from those transactions and use tax records only to the officers o 22 M authorized under Section 1 of this Resolution to examine information; c 23 N 0 24 c. is prohibited by that contract from performing consulting services for a j 25 retailer during the term of that contract; d E 26 d. is prohibited by that contract from retaining the information contained r a 27 in, or derived from, those transactions and use tax records after that 28 contract has expired. 2 Packet Pg. 149 2010-350 5.G.c RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DESIGNATING HINDERLITER, DE LLAMAS, 1 COMPANIES, LLC AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND 2 DESIGNATING THE CITY MANAGER, THE DIRECTOR OF FINANCE AND THE DEPUTY DIRECTOR OF FINANCE AS THE CITY OFFICERS Ui 3 AUTHORIZED TO RECEIVE INFORMATION CONTAINED IN, OR DERIVED o 4 FROM, THE TRANSACTIONS (SALES) AND USE TAX RECORDS, AND RESCINDING RESOLUTION 2007-414. x 5 SECTION 3. The City of San Bernardino Resolution 2007-4140 is hereby N 6 rescinded and replaced by this resolution. 7 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor a 8 joint and Common Council of the City of San Bernardino at a regul nr meeting thereof, c o held on the 18th day of October , 2010, by the following vote, to wit: N 10 11 COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT c 12 MARQUEZ x E x 13 DESJARDINS x o .� BRINKER x 14 SHORETT x 15 KELLEY x CL 16 JOHNSON x 17 McCAMMACK x v �I a 18 u c-ltic� /�• a� , 19 Rachel Clark, City Clerk °� 20 The foregoing resolution is hereby approved this day of October 2010. Q ti 21 tric J. Morris, Ma of 22 City of San Bernardino c LO 23 Approved as to form: c N JAMES F. PENMAN N 24 City At rney 25 BY: � E 26 27 a 28 3 Packet Pg. 150