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Home My WebLink AboutCC Res 6592 2015-09-14 RESOLUTION NO. 6592 A Resolution Authorizing the Examination of Prepaid Mobile Telephony Services Surcharge and Local Charge Records WHEREAS, pursuant to Ordinance No., 1643 of the City of Seal Beach and the Local Prepaid Mobile Telephony Services Collection Act,the City of Seal Beach hereinafter called Local Jurisdiction, entered into a contract with the State Board of Equalization, hereafter referred to as the Board, to perform all functions incident to the administration and collection of the prepaid mobile telephony services surcharge and local charges (Rev. &Tax. Code, §42101.5); and WHEREAS, the Local Jurisdiction deems it desirable and necessary for authorized representatives of the Local Jurisdiction to examine confidential prepaid mobile telephony services surcharge and local charge records pertaining to the prepaid mobile telephony services surcharge and local charges collected by the Board for the Local Jurisdiction pursuant to that contract; WHEREAS, the Board will make available to the Local Jurisdiction any information that is reasonably available to the Board regarding the proper collection and remittance of a local charge of the Local Jurisdiction by a seller, including a direct seller, subject to the confidentiality requirements.of Sections 7284.6,7284.7 and 19542 of the Revenue and Taxation Code; and WHEREAS, Sections 42110 and 42103 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board of Equalization records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from the prepaid mobile telephony services surcharge and local charge records of the Board; NOW,THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS: Section 1. That the Ciy Xf—g.-d th.1AJT Ta AdWi=ator(Fl° lli.,W) or other officer or employee of the Local Jurisdiction tee au or po-a an s designated in writing by the City Manager to the Board is hereby appointed to represent (I'ul)e P`j` (H)..U.-,d W the Local Jurisdiction with authority to examine prepaid mobile telephony services surcharge and local charge records of the Board pertaining to prepaid mobile telephony services surcharge and local charges collected for the Local Jurisdiction by the Board pursuant to the contract between the Local Jurisdiction and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of the Local Jurisdiction's prepaid mobile telephony services surcharge and local charges by the Board pursuant to the contract. Section 2. That the City Mm8a and th.UUT T.AdwiWnad-(F.a DIWW) or other officer or employee of the Local Jurisdiction designated in writing by the City Manager to the Board is hereby appointed to represent (R K.) t pmlfw(l)-th-W F&tkmpa�) the Local Jurisdiction with authority to examine those prepaid mobile telephony services surcharge and local charge records of the Board for purposes related to the following governmental functions of the Local Jurisdiction: a) compliance and enforcement of the utility users tax(local charge) b) administrative functions set out in City's utility users tax ordinance C) I*d imp. O.and mfmcement ofudlib user tax—K—,including bw mtimiurA to f-& d&r—fdai—gdot di.... 4- The information obtained by examination of Board records shall be used only for those governmental functions of the Local Jurisdiction listed above. Section 3. That MuniServices,LLC is hereby designated to examine the prepaid '" 1) mobile telephony services surcharge and local charges records of the Board of Equalization pertaining to prepaid mobile telephony services surcharge and local charges collected for the Local Jurisdiction by the Board. The person or entity designated by this section meets all of the following conditions (Rev. &Tax. Code, §42110, subd. (b)(2)): a) has an existing contract with the Local Jurisdiction that authorizes the person to examine the prepaid mobile telephony services surcharge and local charge records; b) is required by that contract with the Local Jurisdiction to disclose information contained in or derived from, those records only to an officer or employee of the Local Jurisdiction authorized by the resolution to examine the information; c) is prohibited by that contract from performing consulting services for a seller during the term of that contract; d) is prohibited by that contract from retaining information contained in, or'derived from, those prepaid mobile telephony services surcharge and local charge records, after that contract has expired. The contract between the Local Jurisdiction and MuniServices,LLC designated by the Local um or cunsn Owl Jurisdiction to request information from the Board shall be subject to the following limitations(Rev. & Tax. Code, § 42103, subd. (g)): a) MuniServices,LLC shall,to the same extent as the Board, be subject to Section 55381, relating to unlawful disclosures. b) the contract between the Local Jurisdiction and MuniServices,LLC shall not provide, in nn or mnau rant whole or in part, in any manner a contingent fee arrangement as payment for services rendered. BE IT FURTHER RESOLVED THAT the information obtained by examination of the Board records N.,;MVY1 ection of the Local Jurisdiction's prepaid ,p0J9r,-puiVaseszreIdted to t mobile telephony service MMIffr ATT646al ch Board pursuant to the contract between the Local Jurisdiction and Board, or for purposes ..'at er governmental functions of the Local Jurisdiction-,-as-Ld.VtifiL-dabove-iii—sectl'0'-` 3A-R-ZP- Isa Wo iss Introduced, approved and adopted this 14th day of September 20 15 Qu UMignatu (Date) vo am , Mo J (Printed nam 8c title) -1 .J (Attest) resolutjonmts -2- Rev.07/15 SPY�!the�datett