Reso 23-151 First Amnd to CSA Strategic Econ Sales Tax

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO.2023-151 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH STRATEGIC ECONOMICS, INC. FOR PRODUCTION OF THE ECONOMIC DEVELOPMENT STRATEGY, AND TO AUTHORIZE EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS WHEREAS, pursuant to San Leandro Municipal Code Title 2, Chapter 2-1 Sales and Use Tax, the City of San Leandro (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of City of San Leandro deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department; and WHEREAS, when requested by resolution of the legislative body of any city, the board shall permit any duly authorized officer or employee of the city or other person designated by that resolution, to examine all of the sales or transactions and use tax records of the board pertaining to the ascertainment of those sales or transactions and use taxes to be collected for the city pursuant to a contract entered into between the board and the city under the Bradley -Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200)) or the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251)); and WHEREAS, on September 18, 2023, the City Council adopted Resolution No. 2023-134 Authorizing the City Manager to Execute a Consulting Services Agreement with Strategic Economics, Inc. ("Strategic Economics") for Production of the Economic Development Strategy for $120,000 and to Negotiate and Approve Cumulative Contract Amendments up to 25% of the Contract Amount for a Total Not to Exceed Amount of $150,000; and WHEREAS, examination of sales or transactions and use tax records by Strategic Economics is necessary to conduct a proper analysis for the Economic Development Strategy process.