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08-43 Resolution 08-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE AUTHORIZING EXAMINATION OF SALES, USE AND TRANSACTIONS TAX RECORDS WHEREAS, pursuant to Ordinance No. 2008-04, the City of Menifee entered into a contract with the State Board of Equalization 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 Menifee deems it desirable and necessary for authorized representatives of the City to examine confidential sales,use and transactions tax records of the State Board of Equalization pertaining to sales, use and transactions 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 for the unlawful disclosure of information contained in, or derived from, the sales, use and transactions tax records of the Board. Now, therefore, the City Council of the City of Menifee 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 State Board of Equalization (hereafter referred to as the Board), is hereby appointed to represent the City of Menifee with authority to examine sales, use and transactions tax records of the Board pertaining to sales, use and transactions 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 sales,use and transactions taxes by the Board 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 Board, is hereby appointed to represent the City with authority to examine those sales, use and transactions tax records of the Board, 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 Board records shall be used only for those governmental functions of the City listed above. Resolution 08-43 Page 2 SECTION 3. That Hinderliter, de Llamas &Associates is hereby designated to examine the sales,use and transactions tax records of the Board pertaining to sales, use and transactions taxes collected for the City by the Board. The person or entity designated by this section meets all of the following conditions: 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 Board records shall be used only for purposes related to the collection of City sales, and use and transactions taxes by the Board pursuant to the contract between the City and the Board and for the purposes relating to the governmental functions of the City listed in section 2 of this resolution. Approved and adopted this 6`h day of January, 2009. G t Mayor Wallace Edgerton Attest: Kathy Bennett, City Clerk I, Kathy Bennett, City Clerk of the City of Menifee, California, DO HEREBY CERTIFY that the forgoing resolution was duly approved and adopted by the City Council of the City of Menifee at a regular meeting of the City Council on the 6`h day of January, 2009 by the following vote: Ayes:fipntl-i L Noes: Absent: U/y1. -U Kathy Bennett, City Clerk