§ 19-26. Franchise consideration.

(a)

In consideration of the franchise privileges hereby granted, each franchisee shall pay to the county a sum equal to fifteen (15) percent of the gross quarterly dollar (or its equivalent in dollars) customers receipts ("gross revenue") attributable to franchisee's activities pursuant to this franchise. "Gross revenue" shall mean and include any and all fees and service charges, without reduction, received by franchisee under and pursuant to its franchise privileges granted pursuant to this article. Payment to the county shall be four (4) times a year, in March, June, September and December, within ten (10) days of the close of each quarter and without demand from the county. All proceeds received hereunder shall be deposited in the county's environmental enterprise fund and shall be first applied to fund, to the fullest extent possible the costs to the county of administering the franchise provision as set forth herein. Excess proceeds may be used for any lawful public purpose.

(b)

Franchisee shall keep an accurate set of books and records reflecting the gross revenues derived under and pursuant to its franchise. Said books and records shall reflect, in addition to information normally reflected pursuant to generally accepted accounting procedures, the name and service address of each commercial customer, dates of commencement and termination of service, the service charge and any changes thereto, the billings and billing dates and the receipt of revenues. The county may cause a quarterly audit to made of the books and records of the franchisee in order to determine whether the franchise consideration paid pursuant to paragraph (a) above is the same as that sum required thereby. The omission of the county to exercise its right to quarterly audit shall not constitute a waiver of such right, and notwithstanding such omission, the county shall have such continuing right. Each audit shall be made in intervals of not less than quarterly, unless the county has reason to suspect fraud, deceit or other such extraordinary occurrence. In the even the county elects to exercise its right of audit, the county manager, or a designee thereof, shall provide to the franchisee written notice of such election at least forty-eight (48) hours in advance of the time of such audit. The county manager, or a designee thereof, shall have the right to select the auditors to make the audit and the audit shall be made at the county's expense. The franchisee shall make available to the auditor such personnel and records as he may, in his sole discretion, request in order to complete such audit. The franchisee shall not charge the county therefor. Additionally, franchisee shall, at its cost, no later than one hundred eighty (180) days after the end of its fiscal year/calendar year (accounting cycle) cause an audit to be made by an independent certified public accountant covering all customer receipts attributable to franchisee's activities pursuant to this franchise. The audit report shall show total annual receipts by commercial customers. A copy of the report shall be submitted to the county manager, or a designee thereof.

(Ord. No. 05-29, § 1, 8-1-05; Ord. No. 08-26, § 6, 9-8-08)