Ordinance 99-66 - Laserfiche WebLink

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or other duly authorized officer. The franchisee will bear the cost ofthe preparation of such financial statements. (e) Subject to applicable law, no acceptance by the City of any franchise fee payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for additional sums payable. (f) The franchise fee payment is not a payment in lieu of any other tax, fee or assessment. (g) The City may, from time to time, but not more frequently than once per year, and upon reasonable notice, inspect, copy and audit any and all books and records of the franchisee relevant to the determination of gross revenues and the computation of franchise fees due, and may recompute any amounts determined to be payable under the franchise. The cost of the audit will be borne by the franchisee if, as a result of the audit, the City determines that the franchisee has underpaid the franchise fees owed in an amount equal to or exceeding 3.5 percent (3.5%) of the franchise fees actually paid. A franchisee shall make all books and records necessary to satisfactorily perform the audit readily available to the auditors in Dade County, for inspection and copying or in the alternative, franchisee shall pay all costs necessary for the City to perform the audit at a location outside of Dade County. (h) In the event that a franchise fee payment is not received by the City on or before the due date set forth in subsection (b) above, or is underpaid, the franchisee will pay a late charge of 18 (18%) percent annually of the amount of the unpaid or underpaid franchise fee payment, provided however, that such rate does not exceed the maximum amount allowed under State law. Any interest and/or late charges paid by franchisee is intended to be a charge incidental to the enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 U.S.C. ~542(g)(2)(D), and may not be deducted from the franchise fee imposed by this article or any franchise agreement. (i) When a franchise terminates for whatever reason, the franchisee shall file with the City within 90 calendar days of the date its operations in the City cease, a financial statement, certified by a certified public accountant or the franchisee's chief financial officer, showing the gross revenues received by the franchisee since the end of the previous quarterly payment. Adjustments will be made at that time for franchise fees due to the date that the franchisee's operations ceased. Sec. 16. Customer service requirements. (a) Any person operating a cable system shall maintain all parts of its system in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate and prompt service for all of its customers and facilities. (b) The franchisee shall maintain at least one conveniently located business office and service Cable Ordinance -23-