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Resolution 1994-16 '-- . . RESOLUTION NO. 94-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DESIGNATING A CITY CONSULTANT AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS WHEREAS, pursuant to California Revenue and Taxation Code section 7200, et seq., the City of Gilroy has adopted a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization along the same and existing statutory and admini- strative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes; and WHEREAS, pursuant to California Revenue and Taxation Code section 7056, the City of Gilroy, by resolution, may designate any officer, employee or any other person to examine all of the sales and use tax records of the Board pertaining to sales and use taxes collected for the City; and WHEREAS, the City of Gilroy has entered into an agreement for sales tax audit and information services with the firm of Municipal Resource Consultants, a partnership of John T. Austin, Inc. and Allen W. Charkow, Inc. to designate Municipal Resource Consultants as the authorized consultant to examine such sales and use tax records maintained by the Board on behalf of the city of Gilroy; and WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED THAT: section 1. In all respects as set forth above, the City Council of the City of Gilroy hereby certifies to the State Board of Equalization that Municipal Resource Consultants is the desig- nated representative of the City of Gilroy to examine all of the sales and use tax records of the Board pertaining to sales and use taxes collected by the Board on behalf of the City of Gilroy, and RESOLUTION NO. 94-16 -1- <- . . by this resolution the City of Gilroy requests that the state Board of Equalization permit such designated representative to examine such records. Section 2. Pursuant to California Revenue and Taxation Section 7056 (b), this Council hereby certifies that Municipal Resource Consultants, a partnership of John T. Austin, Inc. and Allen W. Charkow, Inc. (hereinafter referred to as "Consultant") meets all of the following conditions: a. Consultant has an existing contract with the City to examine sales tax records; b. Consultant is required by that contract to disclose information contained in, or derived from, those sales tax records only to the City Administrator or his designee who is authorized by this resolution to examine the information; c. Consultant is prohibited by the contract from performing consulting services for a retailer during the term of the contract; and d. Consultant is prohibited by the contract from retaining the information contained in, or derived from, those sales tax records after the contracts have expired. section 3. The City Clerk shall certify to the adoption of this resolution. PASSED AND ADOPTED this 7th day of February, 1994 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVED: RE SOLUTION NO. 94 - 16 -2- . . . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 94-16 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of February , 19--2L, 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 8th day of February ,1994. (Seal)