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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 /> 3. 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 /> C. 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 />