HomeMy WebLinkAboutCC Resolution 11240 (Examine TUT Records)RESOLUTION NO. 11240
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
AUTHORIZING EXAMINATION AND RECEIPT
OF SALES AND USE TAX ALLOCATION AND
CONFIDENTIAL REGISTRATION RECORDS
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
W 11EREAS, the City Council has approved an agreement for Sales Tax Auditing with
Hinderliter, de Llamas & Associates.
NOW THEREFORE BE IT RESOLVED, the following City officials are hereby
authorized to represent the City with authority to receive and review sales and use tax allocation
and confidential registration records of the State Board of Equalization (hereafter referred to as
Board), and appointed 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.
City Manager, Rod Gould
Assistant City Manager, Ken Nordhoff
Assistant Director of Financial Services, Dennis Shives
Economic Development Director, Nancy Mackle
IT IS FURTHER RESOLVED, the following independent contractor for the City of San
Rafael is hereby also authorized to receive and review sales and use tax allocation and
confidential registration records of the Board and appointed 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.
Hinderliter, de Llamas & Associates:
Robert Hinderliter, Principal
Lloyd de Llamas, Principal
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ORIGINAL
IT IS FURTHER RESOLVED, the City of San Rafael hereby certifies that Hinderliter, de
Llamas & Associates:
A. Has a current confidentiality contract with the City to receive and review sales and use
tax allocation and confidential registration records of the Board; and
B. Is required by that contract to disclose information contained in, or derived from, those
sales and use tax records only to an officer or employee of the City who is authorized by
this resolution to examine the information; and
C. Is prohibited by that contract from performing consulting service for a retailer during the
term of that contract; and
D. Is prohibited by that contract from retaining the information contained in, or derived from
those sales tax records, after that contract has expired.
IT IS FURTHER RESOLVED, information obtained by examination of Board records
shall be used only for purposes related to the collection of local sales and use taxes by the Board
for municipal revenue forecasting and verification.
IT IS FURTHER RESOLVED, this resolution supercedes all previous resolutions of the
City Council of the City of San Rafael adopted pursuant to subdivision (b) of Revenue and
Taxation Code Section 7056.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Tuesday, the 21 S` day of January, 2003 by the following vote,
to wit:
AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen and Mayor Boro
JEAgRE M. LEONI, City Clerk
WAManagement Services- WorkFile\Finance- WorkFile\Council Mate rial\Resolutions\2003\Reso-Exam Sales and Use Tax
Records.doc