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HomeMy WebLinkAbout2012-6 - Market Analysis for Balboa Village, Lido Village & Mariner's MileRESOLUTION NO. 2012 -6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KEYSER MARSTON ASSOCIATES TO CONDUCT A MARKET ANALYSIS FOR BALBOA VILLAGE, LIDO VILLAGE AND MARINER'S MILE WHEREAS, the City has retained Keyser Marston Associates ( "KMA ") to provide a market analysis for Balboa Village, Lido Village, and Mariner's Mile; and WHEREAS, KMA requires access to the City's sales tax data in order to provide such analysis; and WHEREAS, Section 7056(b) of the Revenue and Taxation Code ( "RTC ") provides that access to certain tax records and documents may be had provided that the City's legislative body pass a resolution requesting and authorizing such access; and WHEREAS, RTC Section 7056(b)(1) further provides that the City shall, in connection with such a resolution, certify that it has an existing contract, binding on the persons to whom access to the tax records is to be provided, that contains certain undertakings described in Section 7056(b)(1)(A) through 7056(b)(1)(D); and WHEREAS, the City wishes to enter into a contract meeting the lawful requirements of RTC Section 7056(b) so that it can then entertain and adopt a resolution meeting the requirements of RTC Section 7056(b) to facilitate access to tax records and documents for the purposes of providing the market analysis. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: That the City Manager for the City of Newport Beach is hereby authorized to enter into the Contract attached to this Resolution as Exhibit "A ". Section 2: This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution. Adopted this 24'" of January, 2012. EXHIBIT "A" CONTRACT GOVERNING ACCESS TO CONFIDENTIAL TAXPAYER DATA Pursuant to Council authorization, the City of Newport Beach ( "City ") has retained Keyser Marston Associates ( "KMA ") to provide a market analysis for Balboa Village, Lido Village and Mariner's Mile. In order to provide a comprehensive analysis, it is necessary for KMA, acting through its staff, to have access to all confidential information and data gathered by the City's sales tax consultant, on the City's behalf, as well as all information in the possession, custody or control of the SBOE or others pertaining to the ascertainment of the sales and use taxes. Section 7056(b) of the California Revenue & Taxation Code ( "RTC ") provides that access to such confidential data by any person other than an employee or officer of a city is conditioned upon there being an existing Resolution by the City designating the person to examine the records, data and other information and certifying that the individual meets the conditions specified in RTC Section 7056(b)(1), including the requirement of RTC Section 7056(b)(1)(A), that there be an existing contract with the City to examine the sales and use tax records that meets all requirements of RTC Section 7056(b)(1), subdivisions (A) through (D). The City and KMA wish to enter into a Contract complying with the legal requirements described in RTC Section 7056. Therefore, KMA and the City do hereby further agree as follows: 1. In connection with the market analysis for Balboa Village, Lido Village and Mariner's Mile, KMA (acting through certain of its partners, associates, and employees whose identities shall be set out in a list maintained by the Community Development Department) is hereby authorized to examine all confidential records and data of the State Board of Equalization, including but not limited to records and data available through City's tax consultant, pertaining to the ascertainment of the sales taxes and use taxes collected or to be collected by the State Board of Equalization that related to the market analysis. 1 2. KMA and its partners, associates and employees will disclose any information contained in, or derived from, those sales and use tax records only to officers, employees, or other duly authorized representatives of the City. 3. KMA will ensure that each of its partners, associates and employees who will have access to confidential sales and use tax records has done each of the following prior to, and as a condition of, access to such records: a. Read this Contract; b. Signed the list of KMA personnel who will be provided with access to confidential sales and use tax records and information pursuant to this Contract; G. Acknowledged through such signature on the Community Development Director's list that he or she is bound by this Contract and by the legal requirements of RTC Section 7056 with respect to the confidentiality of sales and use tax records; and d. Agreed through such signature not to provide California state sales and use tax consulting services to any retailer during the term of this Contract. 4. KMA will return or (at the City's request) ensure the destruction of all sales and use tax documents disclosed pursuant to this Contract, as well as all other documents containing information derived from those sales and use tax documents, prior to the termination of this Contract. 5. This Contract shall terminate ninety (90) days after the termination of the KMA's services to the City. KMA and its personnel who have been provided with confidential sales and use tax records and information pursuant to this Contract shall not retain in their files or in any other document the confidential state sales and use tax information to which they have received access after this Contract 2 In witness whereof, Keyser Marston Associates and the City have executed this Agreement as of this day of 2012. APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY Aaron C. Harp, City Attorney ATTEST: IS Leilani Brown City Clerk KEYSER MARSTON ASSOCIATES la Print Name: By: Print Name: [END SIGNATURES] 3 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2012 -6 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of January, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of January, 2012. + a City Clerk Newport Beach, California (Seal)