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HomeMy WebLinkAbout25297RESOLUTION NO. 25297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS WHEREAS, pursuant to Ordinance Nos. 1802, 1945 and 2107 of the City of Palm Springs (City), and 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 sales and use taxes; and WHEREAS, the City Council of the City of Palm Springs 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 transactions 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 and transactions and use tax records of the Department. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. That the Director of Finance and Treasurer or other officer or employee of the City designated in writing by the City Manager to the Department is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department under the Bradley -Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law. SECTION 3. That Civitas Advisors, Inc. is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales, use and transactions 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 Civitas Advisors, Inc.: a) has an existing contract with the City to examine those sales or transactions and use tax records; Resolution No. 25297 Page 2 b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee authorized under Section 2 or 3 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 or transactions and use tax records, after that contract has expired. SECTION 4. That the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department. SECTION 5. That the City Manager is hereby authorized to take such and further actions, and sign such other and future documents, as necessary and proper to implement this Resolution on behalf of the City. ADOPTED THIS 14TH DAY OF MAY 2025. l' Scott Stiles, City Manager ATTEST: Brenda Nee, MMC, CERA City Clerk I I 0 Resolution No. 25297 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25297 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 14th day of May, by the following vote: AYES: Councilmembers Ready, Garner, Bernstein, Mayor Pro Tern Soto, and Mayor deHarte NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this '2�� day of May, 2025. renda Plre6, WC, CERA City Clerk Il n