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CC Resolution 2016-049 Transaction & Use Tax Records Examination (Measure G)RESOLUTION NO. 2016 - 049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 540 of the CITY OF LA QUINTA hereinafter called "District" and Section 7270 of the Revenue and Taxation Code, the District entered into a contract with the State Board of Equalization (hereafter referred to as "Board") to perform all functions incident to the administration and operation of the Transactions and Use Tax Ordinance; and WHEREAS, the District deems it desirable and necessary for authorized representatives of the District to examine confidential transactions and use tax records of the Board pertaining to transactions and use taxes collected by the Board for the District pursuant to that contract; and WHEREAS, Section 7056 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from, the transactions and use tax records of the Board; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the (1) City Manager, (2) Finance Director/City Treasurer (3) Financial Services Analyst, and (4) Manager's Office Business Analyst or other officer or employee of the District designated in writing by the City Manager to the Board is hereby appointed to represent the District with authority to examine transactions and use tax records of the Board pertaining to transactions and use taxes collected for the District by the Board pursuant to the contract between the District and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of the District's transactions and use taxes by the Board pursuant to the contract. SECTION 2. That the (1) City Manager, (2) Finance Director/City Treasurer (3) Financial Services Analyst, and (4) Manager's Office Business Analyst or other officer or employee of the District designated in writing by the City Manager to the Board is hereby appointed to represent the District with authority to examine those transactions and use tax records of the Board for purposes related to the following governmental functions of the District: a) City administration b) Revenue management and budgeting c) Community and economic development Resolution No. 2016-049 Authorization to Examine Transactions and Use Tax Records (Measure G) Adopted: December 20, 2016 Page 2 of 3 d) Business license tax administration The information obtained by examination of Board records shall be used only for those governmental functions of the District listed above. SECTION 3. That Hinderliter, deLlamas & Associates is hereby designated to examine the transactions and use tax records of the Board pertaining to transactions and use taxes collected for the District by the Board. The person or entity designated by this section meets all of the following conditions: a) has an existing contract with the District to examine those transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from those transactions and use tax records only to the officer or employee authorized under Section 1 (or Section 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; d) is prohibited by that contract from retaining the information contained in, or derived from those transactions and use tax records after that contract has expired. SECTION 4. That the information obtained by examination of Board records shall be used only for purposes related to the collection of District's transactions and use taxes by the Board pursuant to the contracts between the District and Board. SECTION 5. That this resolution supersedes all prior transactions and use tax resolutions of the City of La Quinta adopted pursuant to subdivision (b) of Revenue and Taxation Section 7056. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 20th day of December 2016 by the following vote: AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California Resolution No. 2016-049 Authorization to Examine Transactions and Use Tax Records (Measure G) Adopted: December 20, 2016 Page 3 of 3 ATTEST: SUSAN MAYSELS, City Cler City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California