§ 42-28. Audit/records.

(a)

Maintenance and inspection. The cable operator shall maintain proper books of record and accounts, separate from all other records and accounts, in which complete and correct entries shall be made of its transactions, with adequate accounting and administrative controls, all in accordance with generally accepted accounting principles (GAAP) as promulgated by the American Institute of Certified Public Accountants. Upon reasonable notice, the cable operator shall permit the city and its authorized employees, agents, auditors, attorneys and counsel, at all reasonable times and to the extent permitted by law, to take copies and extracts from the books of record and account, and will from time to time furnish, or cause to be furnished, to the city such information and statements as the city may reasonably find necessary for the purpose of determining performance in accordance with this article.

(b)

Report to the city. The cable operator shall submit to the city a statement audited and certified by a responsible officer of the cable operator prepared in accordance with GAAP reflecting the total amount and sources of gross revenue and all payments, deductions, and computations for the period covered by the payment, as required under this article. The report shall be submitted within 90 days of the close of each city fiscal period. The first such report shall be submitted not later than 15 months after the start of operations. Such report shall deal exclusively with the cable television services rendered under the franchise within the franchise area. The report shall be prepared in accordance with GAAP and shall be sufficient in scope to allow a certified public accountant to issue an opinion regarding the cable operator's compliance with the fee requirements of this article. The city administrator or internal auditor may require an annual report showing the number of dwelling units being served in the city, income, assets, liabilities, and net worth computed in accordance with GAAP.

(c)

Expense to get books. If any of such books or record required by the city are not kept in a local office, upon reasonable request, they shall be obtained and made available to the city. If the cable operator shall fail to obtain books or records, and if the city shall determine that an examination of such record is necessary and appropriate to the performance of any of the city's duties, then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the cable operator.

(d)

Other requirements. The cable operator shall keep complete and accurate books of accounts and records of its business and operations under and in connection with the franchise, and such applicable rules and regulations of the state and the FCC.

(e)

False entry. Any intentional or grossly negligent false entry in the books, accounts, or records of the cable operator, or false statement in the reports to the city, as to a material fact made by the cable operator, shall constitute a breach of a material provision of this Code.

(f)

Copies of official communications and reports. Upon the city administrator establishing and providing to the cable operator a list of what documents shall be submitted by the cable operator, the cable operator shall submit to the city copies of all documents set forth on said list. The list may include, but not be limited to, pleadings, applications, reports, communications and documents of any kind, submitted by the cable operator to any federal, state and local courts, regulatory agencies and other government bodies relating to its cable television operations within the franchise or license area as well as copies of all decisions, correspondence and actions by such courts, agencies and boards. The list of documents to be submitted may be changed by the city administrator at any time. The cable operator shall submit such documents to the city concurrently with their submission to such courts, agencies and boards promptly after their receipt from such courts, agencies, and boards. Documents and data determined to be confidential by law or by the practice of federal or state agencies and exempt from public disclosure shall be retained in confidence by the city and its authorized agents and shall not be made available for public inspection, except as provided by F.S. ch. 119.

(Ord. No. 89-01-01, § 10, 1-13-1989)