Consistent with Section, the City shall have the right to inspect and audit all of
the Open Video System Operator's books and records and those of its affiliates relevant
to an accurate determination of the total amount of the Open Video System Operator's
gross revenues and gross non-cable revenues. The Open Video System Operator shall
make such records available to the City within 14 days of the City's request. Such
records shall be available for inspection by the City at the Open Video System Operator's
office within the City during normal business hours. Such records shall be retained
by the Open Video System Operator for a period of at least three years. The City will
bear the cost of any such audit; provided, however, that if such audit indicates a
franchise fee underpayment of three percent or more of the amount due, the Open Video
System Operator shall reimburse the City for all reasonable costs relating to the
audit. Any additional amount due to the City as a result of the audit shall be paid
within 30 days following written notice to the Open Video System Operator, which notice
shall include a copy of the audit report. If the Open Video System Operator believes
the audit report is in error, it may send a written response to the City describing
the error in lien of making the payment. If the City disagrees with the response,
it shall notify the Open Video System Operator in writing, after which the Open Video
System Operator shall pay the additional amount due within 30 days.
(Ord. No. 820, § 1, 3-19-02)
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