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(1) An MCS provider shall keep complete and accurate books of accounts, and records of the business and operations under, and in connection with, the MCS system.

(2) The Mayor or the Mayor’s designee shall have the right to review (either by mail or at the MCS provider’s local office) all records necessary for the enforcement of the franchise) on seven (7) working days written notice, unless specifically exempted by the Mayor. Such review, unless mutually agreed upon, or judicially ordered should occur within the MCS provider’s normal business hours.

(3) The Mayor or the Mayor’s designee shall have the right to hire, at City expense, an independent certified public accountant, or other business or financial expert, to review the books and records of an MCS provider. If after a financial audit it is determined that the MCS provider has underpaid amounts owed by more than two percent (2%), then the City may require the MCS provider to reimburse the City for the actual cost of the audit.

(4) A false entry into the books and/or records of an MCS provider, made by an MCS provider, of a material and substantial fact shall constitute a material violation of this Chapter.

(5) An MCS provider, at the local office shall keep complete and accurate books and records of the key aspects of the multi-channel system’s operation for at least the preceding three (3) years in such a manner that all matters pertaining to the City, can be easily produced and/or verified at the City’s request. Also, the MCS provider shall keep, at its local office any other applicable records and information that may be required by any other Federal or State agency having jurisdiction over MCS providers.

(Enacted 1990-55, Am 2002-29)