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HomeMy WebLinkAboutRESO 6705ORIGINAL RESOLUTION NO. _!l.Q.i_ RESOLUTION OF THE COU~CIL OF THE CITY OF PALO ALTO AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 2756, the City of Palo Alto entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local sales and use taxes; and WHEREAS, pursuant to Resolution No. 6336, the Council of the City of Palo Alto appointed the City Auditor and the City Manager, or any designated assistant or amployee of such officers to represent the City of Palo Alto with full authority to investigate and review sales and use tax transactions and collections for the City contained in the records of the State Board of Equalization; and WHEREAS, Section 7056 of the Revenue and Taxation Code of the State of California states in part that the City of Palo Alto, 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 Council of the City of Palo Alto has negotiated an agreement for sales tax audit and information services with the firm of Municipal Resource Consultants, a partnership of John Austin and Allen Charkow; and the Council wishes to designate John Austin and Allen Charkow of Municipal Resources Consultants as authorized city representatives to examine such sales tax records maintained by the Board on behalf of the City of Palo Alto; and WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred; NOW, THEkEFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1: The Agreement-Municipal Resource Consultants- Sales Tax Audit Services is hereby approved and the Mayor is authorized to execute same on behalf of the City. SECTION 2: The City Council of the City of Palo Alto hereby cert1f1es"t0 the State Board of Equalization that John Austin and Allen Charkow of Municipal Resource Consultants are hereby designated as representatives of the City of Palo Alto 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 Palo Alto. SECTION 3: Pursuant to California Revenue and Taxation Code Section 7056 (b), this Council hereby certifies that Municipal Resource Consultants, a partnership of John Austin and Allen Charkow (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 an officer or employee of the City who is authorized by 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, th<>Se sales tax records after the contracts have expired. INTRODUCED ANO PASSED: June 27. 1988 AYES; Bechtel, Cobb, Fletcher, Klein, Patitucci, Renzel, Woolley NOES: None ABSTENTIONS: None ABSENT: Levy, Sutorius APPRO~~ 1#--~e-Kayor city Attorney I 2.