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0840
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will be provided the functionality to monitor PEG signals through a mutually agreeable alternate <br />technology at the expense of the Grantee. <br />SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS <br />1. Administration of Franchise. The City Manager or other designee shall have <br />continuing regulatory jurisdiction and supervision over the System and the Grantee's operation <br />under the Franchise. The City, or its designee, may issue such reasonable rules and regulations <br />concerning the construction, operation and maintenance of the System as are consistent with the <br />provisions of the Franchise and law. <br />2. Delegated Authority. The City may appoint a citizen advisory body or a Joint <br />Powers Commission, or may delegate to any other body or Person authority to administer the <br />Franchise and to monitor the performance of the Grantee pursuant to the Franchise. Grantee <br />shall cooperate with any such delegatee of City. <br />Franchise Fee. <br />a. During the term of the Franchise, Grantee shall pay quarterly to City or its <br />delegatee a Franchise Fee in an amount equal to five percent (5%) of its quarterly <br />Gross Revenues, or such other amounts as are subsequently permitted by federal <br />statute. <br />b. Any payments due under this provision shall be payable quarterly. The payment <br />shall be made within thirty (30) days of the end of each of Grantee's fiscal <br />quarters together with a report showing the basis for the computation. <br />All amounts paid shall be subject to audit and recomputation by City and/or the <br />Commission and acceptance of any payment shall not be construed as an accord <br />that the amount paid is in fact the correct amount. If an audit or review discloses <br />an overpayment or underpayment of franchise fees, the City and/or the <br />Commission shall notify Grantee of such overpayment or underpayment. The <br />City's/Commission's audit or review expenses shall be borne by the <br />City/Commission unless the audit or review determines that the payment to the <br />City should be increased by more than five percent (5%) in the audited/reviewed <br />period, in which case the costs of the audit/review shall be borne by Grantee, up <br />to a cap of $25,000, as a cost incidental to the enforcement of the Franchise. Any <br />additional amounts due to the City as a result of the audit or review shall be paid <br />to the City within thirty (30) days following written notice to Grantee by the <br />City/Commission of the underpayment, which notice shall include a copy of the <br />audit/review report. If the recomputation results in additional revenue to be paid <br />to the City, such amount shall be subject to a ten percent (10%) annual interest <br />charge. <br />d. The City/Commission shall have the right to inspect and to require Grantee to <br />provide any and all data, documents and records maintained by Grantee (or <br />22 <br />
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