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
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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:
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(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.
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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
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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
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