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HomeMy WebLinkAbout7326 RESOLUTION NO. 7326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING EXAMINATION OF SALES, USE AND TRANSACTIONS TAX RECORDS AND AUTHORIZING A CONTRACT WITH HINDERLITER, DE LLAMAS AND ASSOCIATES ("HdL") TO PROVIDE SALES TAX RELATED SERVICES WHEREAS, pursuant to Ordinance No. 2292 and Ordinance No. 2361 , the City of Arcadia entered into a contract with the Department of Tax and Fee Administration to perform all functions incident to the administration and collection of local sales, use and transactions taxes; and WHEREAS, the City Council of the City of Arcadia deems it desirable and necessary for authorized representatives of the City to examine confidential sales, use and transactions tax records of the Department of Tax and Fee Administration pertaining to sales, use and transactions taxes collected by the Department for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department of Tax and Fee Administration records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales, use and transactions tax records of the Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1 . That the City Manager, or other officer or employee of the City designated in writing by the City Manager to the Department of Tax and Fee 1 Administration (hereafter referred to as Department), is hereby appointed to represent the City of Arcadia with authority to examine sales, use and transactions tax records of the Department pertaining to sales, use and transactions taxes collected for the City by the Department pursuant to the contract between the City and the Department. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales, use and transactions taxes by the Department pursuant to that contract. SECTION 2. That the City Manager, or other officer or employee of the City designated in writing by the City Manager to the Department, is hereby appointed to represent the City with authority to examine those sales, use and transactions tax records of the Department, for purposes related to the following governmental functions of the City: (a) City administration (b) Revenue management and budgeting (c) Community and economic development (d) Business license tax administration The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above. SECTION 3. That Hinderliter, de Llamas & Associates is hereby designated to examine the sales, use and transactions tax records of the Department pertaining to sales, use and transactions taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions: 2 (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 Department records shall be used only for purposes related to the collection of City sales, use and transactions taxes by the Department pursuant to the contract between the City and the Department and for purposes relating to the governmental functions of the City listed in section 2 of this resolution. [SIGNATURES ON NEXT PAGE] 3 Passed, approved and adopted this 21st day of July, 2020. Xc), „4.--- Mayo , f the City of Arcadia ATTEST: fr Gene Glasco, Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7326 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of July, 2020 and that said Resolution was adopted by the following vote, to wit: AYES: Beck, Cheng, Verlato, Tay, and Chandler NOES: None ABSENT: None For Gene Glasco City Clerk of the City of Arcadia 5