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4. Any third party contract between the local jurisdiction and an entity or person <br /> authorized by the local jurisdiction to request information from the Board shall be subject <br /> to the following limitations: <br /> a. Any third party shall, to the same extent as the Board, be subject to Section <br /> 55381, relating to unlawful disclosures. <br /> b. A third party contract shall not provide, in whole or in part, in any manner a <br /> contingent fee arrangement as payment for services rendered. <br /> 5. Information obtained by examination of Board records shall be used only for <br /> purposes related to the collection of the prepaid MTS surcharge and local charges by the <br /> board pursuant to the contract, or for purposes related to other governmental functions of <br /> the local jurisdiction set forth in the resolution. <br /> 6. If the Board believes that any information obtained from the Board's records <br /> related to the collection of the prepaid MTS surcharge and local charges has been <br /> disclosed to any person not authorized or designated by the resolution of the local <br /> jurisdiction, or has been used for purposes not permitted by section 42110(b), the board <br /> may impose conditions on access to its local charge records that the board considers <br /> reasonable, in order to protect the confidentiality of those records. (section 42110 (c).) <br /> 7. The costs incurred by the Board in complying with a request for information <br /> shall be deducted by the Board from those revenues collected by the Board on behalf of <br /> the local jurisdiction making the request, as authorized by section 42l 10(b)(1). <br /> ARTICLE III <br /> LOCAL JURISDICTION <br /> ADMINISTRATION AND RESPONSIBILITIES <br /> A. The local jurisdictions shall be solely responsible for all of the following: <br /> 1. Defending any claim regarding the validity of the ordinance in its application <br /> to prepaid mobile telephony service. The claim shall be processed in accordance with the <br /> provisions of the local ordinance that allows the claim to be filed. <br /> 2. Interpreting any provision of the ardinance, except to the extent specifically <br /> superseded by section 42105 of the Local Charge Act. The claim shall be processed in <br /> accordance with the provisions of the local enactment that allows the claim to be filed. <br /> 3. Responding to specified consumer claims for refund involving: (1) rebutting <br /> the presumed location of the retail transaction; (2) a consumer claim of exemption from <br /> the local charge under the ordinance; or (3) any action or claim challenging the validity <br /> of a local tax ordinance, in whole or part. The claim shall be processed in accordance <br /> with the provisions of the local enactment that allows the claim to be filed. <br /> 4. Refunding the taxes in the event a local jurisdiction or local government is <br /> ordered to refund the tax under the local ordinance. <br /> 4 <br /> ATTY/AGR/2015.166/AGREEMENT WITH BOE LOCAL CHARGE AGR <br /> REV:08-13-15 RL <br />