r 10613City Council Meeting 9 -27 -11
ATTACHMENT A
Santa Monica, California
RESOLUTION NUMBER i (" 4 "k --a (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING EXAMINATION OF TRANSACTIONS AND USE TAX RECORDS
WHEREAS, the City of Santa Monica entered into a contract with the State Board
of Equalization to perform all functions incident to the administration and collection of local
transactions and use taxes; and
WHEREAS, the City Council of the City of Santa Monica deems it desirable and
necessary for authorized representatives of the City to examine confidential transactions
and use tax records of the State Board of Equalization pertaining to Transactions and use
taxes collected by the Board 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 Board of Equalization records,
and establishes criminal penalties forthe unlawful disclosure of information contained in, or
derived from, the transactions and use tax records of the Board:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
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Section 1. That the City Manager, or other officer or employee of the City designated
by the City Manager, is hereby appointed to represent the City of Santa Monica with
authority to examine transactions and use tax records of the Board pertaining to
transactions and use taxes collected for the City by the Board pursuant to the contract
between the City and the Board, The information obtained by examination of Board records
shall be used only for purposes related to the collection of City Transactions and Use
Taxes by the Board pursuant to that contract
Section 2. That Hinderliter, De Llamas, and Associates (HdL), is hereby designated
to examine the transactions and use tax records of the Board pertaining to transactions
and use taxes collected for the City by the Board. HdL shall:
(a) enter into a contract with the City to examine those transactions and
use tax records;
(b) disclose information contained in, or derived from, those transactions
and use tax records only to the officer or employee authorized under
Section 1 of this resolution to examine the information;
(c) be prohibited from performing consulting services for a retailer in
Santa Monica during the term of the contract; and
(d) be prohibited from retaining the information contained in, or derived
from those transactions and use tax records, after the contract has
expired.
F,
SECTION 3. The information obtained by examination of Board records shall be
used only for purposes related to the collection of City transactions and use taxes by the
Board pursuant to the contract between the City and the Board.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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MARSFiA JONES MOUTRIE
City Attorney
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Adopted and approved this 27th day of September, 2011.
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution No. 10613 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 27th day of September, 2011, by the following vote:
Ayes: Councilmembers: Holbrook, McKeown, O'Connor, O'Day, Shriver
Mayor Pro Tern Davis, Mayor Bloom
Noes: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
Maria M. Stewart, City "lerk