§ 50-136. Records and audits.

(a)

If the city wishes to verify the payments due to the city under this article, the telecommunications company shall permit the city or a designated representative of the city, upon reasonable advance written notice, and during normal business hours at the location of the telecommunications company where such records are maintained in the city, at another location satisfactory to the city or elsewhere pursuant to subsections (a)(1) or (a)(2) of this section to review or audit the telecommunications company's billing and payment records kept in the ordinary course of business upon which the payments were based. If a telecommunications company's records are not maintained in the city, the telecommunications company shall:

(1)

Pay all reasonable expenses, including travel, following the provisions of F.S. § 112.061(6), (7) and (8), to the city for the city to have a review or audit performed; or

(2)

Provide the city with access to copies of the telecommunications company's records in the city, or within 55 miles of the city, or by an electronic method satisfactory to the city.

(b)

Without the specific written consent of a telecommunications company's audit representative, however, no company records may be duplicated or taken from the telecommunications company's premises, and the city shall maintain the confidentiality of the information disclosed in the records and use the information solely for the purposes of verifying payments by the telecommunications company. Acceptance of payment shall not be construed as a release or accord and satisfaction of any claim the city may have for sums due and payable under this article unless the city agrees in writing. If the city, pursuant to final audit findings, determines that there exists a difference between the amount due to the city and the amount paid to the city, indicating an underpayment to the city, in excess of five percent of the amount due, such telecommunications company shall pay all reasonable costs, fees and expenses of the audit.

(Ord. No. 01-07, § 1(21-45), 6-18-2001)