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HomeMy WebLinkAboutRes 2021-371 1 1 RESOLUTION NO. 2021-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance Number 7, the City of Palm Desert ("City") entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration ("Department") to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Palm Desert deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales and use 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 records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERSS AS FOLLOWS: Section 1. That the City Manager, Director of Finance, Assistance Director of Finance or other officer or employee of the City designated in writing by the Director of Finance to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales and use taxes collected for the City by the Department pursuant to the contract between the City and the Department. Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City: (a) Economic Development (b) Budget Planning (c) Transportation Planning RESOLUTION NO. 2021-37 The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above. Section 3_ That MuniServices, LLC. is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and MuniServices, LLC: a) has an existing contract with the City to examine those sales or transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 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 sales or transactions and use tax records, after that contract has expired. BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution. Section 4. That MuniServices, LLC. is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to any petition or appeal for the reallocation/redistribtuion of sales or transactions and use taxes that was filed by MuniServices, LLC. on behalf of the City pursuant to the contract between the MuniServices, LLC. and City. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the MuniServices, LLC-: a) has an existing contract with the City to examine those sales or transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 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 sales or transactions and use tax records, after that contract has expired. W\Staff Reports - Shared 2VStaff Reports 06-24-202114 -City Clerk - 06-24-2021105 Res 2021-37 MuniServices LLC for CDTFA Req's4Res 2021-37.docx RESOLUTION NO. 2021-37 Section 5. That this resolution supersedes all prior resolutions of the City Council of the I City of Palm Desert adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, on the 24th day of June 2021, by the following vote, to wit: AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: 1 g 1 KATHLEEN K LY, MAYOR M. GLOOM! SAN—CHEZ, ACT NO CITY CLERK CITY OF# GLOP! DESERT. LIFORNIA I, _M. Gloria Sanchez_, Acting City Clerk of the City of _Palm Desert_, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the City Council of the City of _Palm Desert_, at a regular meeting of said Council held on the _24th_ day of June, 2021, by the following roll call vote: AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY NOES: NONE ABSENT: NONE (s) ar/ (,,,Jctin g City CT W\Staff Reports - Shared 21Staff Reports 06-24-2021\4 -City Clerk - 06-24-2021105 Res 2021-37 MunsSernces LLC for CDTFA Req's\Res 2021-37 docx