Resolution 14464CITY OF ALAMEDA RESOLUTION NO.14464
DESIGNATING A CITY CONSULTANT AS THE AUTHORIZED
REPRESENTATIVE TO EXAMINE CERTAIN SALES AND USE TAX
RECORDS
WHEREAS, pursuant to California Revenue and Taxation Code
Section 7200, et. seq., the City of Alameda has adopted a sales and use
tax ordinance which imposes a tax and provides a measure therefore that
can be administered and collected by the State Board of Equalization
along the same and existing statutory and administrative 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 Alameda, 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 Alameda has entered into an agreement for
sales tax audit services with the firm of MuniServices, LLC to designate
MuniServices, LLC as the authorized Consultant to examine such sales
tax records maintained by the Board on behalf of the City of Alameda; and
WHEREAS, all legal prerequisites prior to the adoption of this
Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Alameda as follows:
That the Interim City Manager, Deputy City Manager, City Attorney,
Controller, or other officer or employee of the City designated in writing
by the Interim City Manager to the State Board of Equalization (hereafter
referred to as Board), is hereby appointed to represent the City with
authority to examine sales and use tax records of the Board pertaining to
sales and use taxes collected for the City by the Board pursuant to the
contract between the City and the Board. The information obtained by
examination of Board records shall be used only for purposes related to
the collection of City sales and use taxes by the Board pursuant to that
contract.
2. That the Interim City Manager, Deputy City Manager, City Attorney,
Controller, or other officer or employee of the City designated in writing
by the Interim City Manager to the Board, is hereby appointed to
represent the City with authority to examine those sales and use tax
records of the Board, for purposes related to the governmental functions
of the City.
3. In all respects as set forth above, the City Council of the City of
Alameda hereby certifies to the State Board of Equalization that
MuniServices, LLC is a designated representative of the City of
Alameda 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 Alameda.
4. Pursuant to California Revenue and Taxation Section 7056(4 the
City Council of the City of Alameda certifies that MuniSeNices, LLC
(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 sates 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 from retaining the information contained
in, or derived from, those sales tax records related to the subject
matter of that contract after the contract has expired.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 6th ay of July, 2010, by the following vote to wit:
AYES: Counciimembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 7th day of July, 2010.
04,
Lara Weisiger, Ci
City of Alameda
erk