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A. Right To Access: City shall have the right to review and make copies of books and records relevant to its enforcement of a franchise agreement and applicable law. Books and records shall be produced at a convenient location in the city, or if books and records cannot be produced there, at a mutually agreeable location. To the extent the Utah government records and management act, Utah Code Annotated title 63G, chapter 2 (the "act"), and other applicable law permits, city may agree in a franchise agreement that information contained within the books and records of grantee provided to city shall be kept confidential by city, and may agree to provide grantee reasonable notice of any request received by the city for disclosure of any books and records requested by grantee to remain confidential, so that the grantee may take appropriate action to protect confidential information from disclosure.
B. Prompt Response Required: Grantee shall promptly respond to requests for information from the city related to a franchise agreement or grantee's compliance with applicable law. Provided that, nothing herein shall require a grantee to disclose personally identifiable information it is prohibited from disclosing under privacy laws; and provided that, a grantee shall redact any such information if it is contained in information requested by the city.
C. Audit: In addition to its rights under subsection A of this section, for the purpose of verifying the correct amount of the franchise fee, the books and records of the provider pertaining thereto shall be open to inspection or audit by duly authorized representatives of the city at all reasonable times, upon giving reasonable notice of the intention to inspect or audit the books and records; provided, that the city shall not audit the books and records of the provider more often than annually. The provider shall agree to reimburse the city the reasonable costs of an audit if the audit discloses that the provider has paid ninety five percent (95%) or less of the compensation due the city for the period of such audit. In the event the accounting rendered to the city by the provider herein is found to be incorrect, then payment shall be made on the corrected amount within thirty (30) calendar days of written notice, it being agreed that the city may accept any amount offered by the provider, but the acceptance thereof by the city shall not be deemed a settlement of such item if the amount is in dispute or is later found to be incorrect. (Ord. 2009-08, 7-16-2009)