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City of San Leandro <br />Meeting Date: July 19, 2021 <br />Resolution - Council <br />Agenda Section:File Number:21-458 CONSENT CALENDAR <br />Agenda Number: <br />TO:City Council <br />FROM:Fran Robustelli <br />City Manager <br />BY:Susan Hsieh <br />Finance Director <br />FINANCE REVIEW:Susan Hsieh <br />Finance Director <br />TITLE:A Resolution of the City of San Leandro City Council Authorizing the City <br />Manager to Execute an Agreement Amendment and Novation with MuniServices <br />for Examination of Sales or Transactions and Use Tax Records <br />WHEREAS, pursuant to San Leandro Municipal Code Title 2, Chapter 2-1 Sales and Use Tax, the City <br />of San Leandro (City) entered into a contract with the California Department of Tax and Fee <br />Administration (Department) to perform all functions incident to the administration and collection of <br />sales and use taxes; and <br />WHEREAS, pursuant to Revenue and Taxation Code section 7270, the City entered into a contract with <br />the California Department of Tax and Fee Administration (Department) to perform all functions incident <br />to the administration and collection of transactions and use taxes; and <br />WHEREAS, the City Council of the City of City of San Leandro deems it desirable and necessary for <br />authorized officers, employees and representatives of the City to examine confidential sales or <br />transactions and use tax records of the Department pertaining to sales or transactions and use taxes <br />collected by the Department for the City pursuant to that contract; and <br />WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements <br />and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue <br />and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, <br />or derived from, the sales or transactions and use tax records of the Department; <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LEANDRO HEREBY <br />RESOLVES AS FOLLOWS: <br />Section 1. That the City Manager, City Attorney, Assistant City Manager, Community Development <br />Director, Economic Development Manager, Finance Director, Assistant Finance Director, Financial <br />Services Manager, or other officer or employee of the City designated in writing by the City Manager to <br />the California Department of Tax and Fee Administration is hereby appointed to represent the City with <br />authority to examine sales or transactions and use tax records of the Department pertaining to sales or <br />transactions and use taxes collected for the City by the Department pursuant to the contract between <br />the City and the Department. <br />Page 1 City of San Leandro Printed on 7/15/2021 <br />767