(A) Audit notice and record access. The city may audit the grantee’s calculation of gross revenues. Within 10 business days after receiving a written request from the city, or such other time frame as agreed by both parties, the grantee shall furnish the city and any auditor retained by the city:
(1) Information sufficient to demonstrate that the grantee is in compliance with this franchise; and
(2) Access to all books, records, maps and other documents maintained by the grantee with respect to grantee facilities that are necessary for the city to perform such audit. The grantee shall provide access to such information to city within the city, or the Portland, Oregon metropolitan area, during regular grantee business hours.
(B) Audit payment. If the city’s audit shows that the amounts due to the city are higher than those based on the grantee’s calculation of gross revenue, then the grantee shall make a payment for the difference within 60 days after the delivery to the grantee of the audit results. In addition to paying any underpayment, the grantee shall pay interest at the statutory rate designated in O.R.S. 82.010 as it may be amended from time to time, but not penalties, as specified in this franchise, from the original due date. If the city’s audit shows that the amounts due to the city are less than those based on the grantee’s calculation of gross revenue, then the grantee shall deduct its overpayment from the next franchise fee payment the grantee makes to the city, including interest at the statutory rate designated in O.R.S. 82.010, as it may be amended from time to time, from the original due date. The city and the grantee agree that they will split the cost of any third party audit conducted pursuant to this § 100.13, and shall cooperate in good faith to select an acceptable third party auditor.
(Ord. 2010-03-01, passed 3-10-2010; Ord. 2010-04-01, passed 5-13-2010)