Ordinance 2019-537 - Laserfiche WebLink

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Page 11 of 15 course of business or as required herein may be provided at the City's expense and as the City and FPL may agree in writing. Information identifying FPL's customers by name or their electric consumption shall not be taken from FPL'sP remises. Such audit shall be impartial and all audit findings, whether they decrease or increase payment to the City, shall be reported to FPL. The City's examination of FPL's records in accordance with this Section shall not be conducted by any third party employed or retained by the City whose fee, in whole or part, for conducting such audit is contingent on findings of the audit. At the City's request no more than once annually, FPL will provide to the City an electronic version of a billing list of all FPL customer addresses within the incorporated areas of the City. The City will respect FPL's confidential documents. The City will be given access to confidential documents while on FPL premises, but shall not remove those confidential documents from FPL premises unless expressly authorized to do so by FPL. Information relative to this audit and likely to be deemed confidential by FPL includes, but is not limited to, nonpublic customer or customer account information, nonpublic policies and procedures, and any other nonpublic information that gives FPL an opportunity to gain an advantage over its competitors. Section 13. Severability. The provisions of this Ordinance are interdependent upon one another, and if any of the provisions of this Ordinance are found or adjudged to be invalid, illegal, void or of no effect b g a court of competent jurisdiction (after the Y P expiration of all rights of appeal), such finding or adjudication shall not affect the validity of the remainingprovisions foraperiod of ninety (90) days,s duringwhich, the Parties will Y negotiate in good faith to amend this New Franchise Agreement so as to restore to the maximum extent permissible, the original economic bargain embodied in this ordinance. If an agreement to amend the ordinance is not reached at the end of such ninety (90) day period, this entire ordinance shall become null and void and of no further force or effect. Section 14. Existing Franchise Agreement. The City acknowledges it is fully informed concerning the existing franchise granted by Miami-Dade County, Florida, to FPL, and accepted by FPL as set out in Ordinance No. 60-16 adopted on May 3, 1960, and subsequently renewed and accepted by FPL as set out in Ordinance No. 89-81 adopted on September 5, 1989 by the Board of County Commissioners of Miami-Dade County, Florida ("Existing Agreement"). The City agrees to indemnify and hold FPL