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08/24/2015 <br /> examination of BOE records shall be used only for purposes related to the <br /> collection of the City's prepaid mobile telephony services surcharge and local <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 /> 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 /> 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 /> c. Is prohibited by that contract from performing consulting services for a <br /> seller during the term of that contract; and <br /> d. Is prohibited by that contract from retaining information contained in, or <br /> ATTY/RE50.3124/CC RESO AUTHORIZING EXAMINATION OF BOE RECORDS RESO.#15439 <br /> REV:08-18-15 PT MUFF#304 <br /> Page 2 of 3 <br />