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SR-200-004 (6) FD:RB:DC/g:\finance\treas\share\hdlstaxsboe Council Meeting: October 22, 2002 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Resolution Amending Resolution No. 9639 (CCS) Regarding Contract with Hinterleiter, de Llamas & Associates to Conform to State Guidelines Introduction This report recommends that the City Council amend Resolution No. 9639 (CCS) regarding the City’s contract with Hinterleiter, de Llamas & Associates (HdL) to conform with the State Revenue and Taxation Code and guidelines established by the State Board of Equalization. Background On February 13, 2001, the City Council authorized the City Manager to negotiate and execute a contract with The HdL Companies (HdL) to provide sales tax auditing and information services for the City. On March 27, 2002, as required by Section 7056 of the State Revenue and Taxation Code, the Council adopted Resolution No. 9639 designating parties permitted to examine SBOE records for the purposes of ascertaining whether sales and use taxes are being properly allocated to the City. Discussion The State Board of Equalization has informed the City that certain minor revisions to 1 Resolution No. 9639 are required to meet the technical language requirements of Section 7056 of the State Revenue and Taxation Code. Resolution No. 9639 currently prohibits HdL from performing consulting services for any retailer in Santa Monica during the term of its contract with the City. The State Revenue and Taxation Code prohibits the contractor from performing consulting services for any retailer during the term of the contract. Also, State law requires that the resolution state that the City has an existing contract with HdL. In addition, there are other minor wording changes. Adoption of the amendment with the minor technical changes will bring the City into conformance with the State code and allow HdL to perform its sales tax auditing and information services for the City. A copy of the amendment highlighting the proposed changes is attached. Budget/Financial Impact Adoption of the attached resolution will have no budget or financial impact on the City. Recommendation This report recommends that the City Council amend Resolution No. 9639 (CCS) regarding the City’s contract with Hinterleiter, de Llamas & Associates to conform with the State Revenue and Taxation Code and to guidelines established by the State Board of Equalization. 2 Prepared by: Mike Dennis, Director of Finance Ralph Bursey, City Treasurer/Revenue Manager David Carr, Assistant City Treasurer Attachments: Resolution 3