Section 4.71.200 Inspection of records.

The Franchisee, upon request, shall make available to the City access to any records relating to Franchisee’ s operation of its Cable System in the City necessary to the City’ s administration of this Franchise. The City shall maintain the confidentiality of any records identified by the Franchisee as containing proprietary information to the maximum extent allowed by State law. The City and its agents and representatives shall have authority to arrange and conduct audits of the financial records of the Franchisee and its affiliates for the purpose of verifying franchise fee payments. The City will notify the Franchisee in writing at least 30 days prior to the date of an audit, and the Franchisee will make its books and records, and those of any affiliate, as may be relevant to the determination of gross revenues and franchise fees due hereunder, available for inspection, copying, and audit. If the Franchisee provides the City a list and description of the financial records maintained by it and any affiliate which maintains records related to gross revenues, the City shall to the best of the City's ability, identify the records and documents it wants to review prior to the scheduled date of the audit. The Franchisee's records shall be reviewed during normal business hours at a time and place made available by the Franchisee within the Sioux City metropolitan area. The reviewing area will be large enough to accommodate the auditors, well-lit, and with access to electrical outlets, telephones, and copying equipment. The reasonable costs to the City of the audit shall be borne by the Franchisee if the audit reveals that the franchisee fees were underpaid by 3% or more during any year; and otherwise, the cost shall be borne by the City. The parties agree that any payments for such reasonable audit costs made by the Franchisee under this Section are not franchisee fees. (Ord. 99-7781, S-36880, 1978)