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Resolution No. 2022-86 | W-Trans and Strategic Economics, Inc.; Access Sales and Use Tax Data | Adopted 11/21/2022 RESOLUTION NO. 2022-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING W-TRANS AND STRATEGIC ECONOMICS, INC. TO ACCESS SALES AND USE TAX DATA WITHIN THE CITY OF GILROY FOR PURPOSES OF DEVELOPING THE DOWNTOWN PARKING MANAGEMENT PLAN WHEREAS, on September 12, 2022, the City Council approved a contract with W-Trans for developing the Downtown Parking Management Plan for the City of Gilroy; and WHEREAS, a component of that plan development involves economic analysis by the sub-consultant Strategic Economics, Inc., of the businesses within the downtown parking management plan area, including analysis of benefits and impacts to each business in the plan area; and WHEREAS, under the California Revenue and Taxation Code, Section 7056, a legislative body may authorize by resolution any person to examine sales and use tax data if it makes certain certifications, including: (A) The consultant has an existing contract with the city to examine sales and use tax records associated with the purposes of that contractual service. (B) The consultant is required by that contract to disclose the information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of the city who is authorized by resolution to examine the information. (C) The consultant is prohibited by its contract from performing consulting services for a retailer during the term of the contract. (D) The consultant 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY RESOLVE AS FOLLOWS: 1. That the foregoing recitals are true and correct and incorporated herein. 2. That the City Council authorizes the City Administrator to execute a nondisclosure agreement, in a form approved by the City Attorney, and to release confidential sales tax information to W-Trans and their sub-consultant Strategic Economics, Inc. for use in the development of the Downtown Parking Management Plan, provided that no individual taxpayer information be publicly released unless expressly authorized by law. Resolution No. 2022-86 W-Trans and Strategic Economics, Inc.; Access Sales and Use Tax Data City Council Regular Meeting | November 21, 2022 Page 2 of 2 PASSED AND ADOPTED this 21st day of November 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, LEROE- MUÑOZ, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: HILTON APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk Marie Blankley (Nov 22, 2022 11:21 PST) Marie Blankley CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2022-86 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, November 21, 2022, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, November 21, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal)