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ATTACHMENT 2 <br />ATTY/RESO.3124/CC RESO AUTHORIZING EXAMINATION OF BOE RECORDS <br />REV: 08-18-15 PT <br />Page 2 of 3 <br />charges by the BOE pursuant to that contract. <br />Section 2. That City Manager or the Communication Users’ Tax <br />Administrator (Finance Director) or other officer or employee of the City designated <br />in writing to the BOE by the City Manager is hereby appointed to represent the <br />City, with authority to examine those prepaid mobile telephony services surcharge <br />and local charge records of the BOE for purposes related to the following <br />governmental functions of the City: <br />a. Compliance and enforcement of the Communication Users’ Tax <br />Ordinance No. 2316 (local charges); <br /> <br />b. Administrative functions set out in the Communication Users’ Tax <br />Ordinance No. 2316; and <br />c. Legal interpretation and enforcement of utility users tax ordinance, <br />including but not limited to refunds and defense of claims against the <br />Communication Users’ Tax Ordinance No. 2316. <br />The information obtained by examination of BOE records shall be used only for <br />those governmental functions of the City listed above. <br />Section 3. That MuniServices, LLC is hereby designated to examine BOE <br />records pertaining to prepaid mobile telephony services surcharge and local <br />charges collected for the City by the BOE. MuniServices, LLC meets all of the <br />following conditions (Rev & Tax. Code, § 42110, subd. (b)(2)): <br />a. Has an existing contract with the City that authorizes the person to <br />examine the prepaid mobile telephony services surcharge and local <br />charge records; 
 <br /> <br />b. Is required by that contract with the City to disclose information <br />contained in or derived from, those records only to an officer or <br />employee of the City authorized by the resolution to examine the <br />information; 
 <br /> <br />c. Is prohibited by that contract from performing consulting services for a <br />seller during the term of that contract; and <br /> <br />d. Is prohibited by that contract from retaining information contained in, or <br />derived from, those prepaid mobile telephony services surcharge and <br />local charge records, after that contract has expired. 
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