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• Verification of Diversion rate. <br />The first audit, to be performed during 2024, will be based on the Contractor's reports <br />and records for the period of July 1, 2022 through June 30, 2023. Audits will be <br />performed every third year thereafter (the triennial audit). Contractor will reimburse to <br />the City the cost of such audits as shown in the table below: <br />Audit Performed In: <br />Audit Amount <br />2024 <br />$95,000 <br />2027 <br />$102,000 <br />2030 <br />$110,000 <br />2033* <br />$119,000 <br />2036* <br />$128,000 <br />2039* <br />$138,000 <br />Optional extension term <br />Should the Agreement be extended beyond the extension terms as described in Section <br />2.5, the audits shall continue every third year, and each additional audit amount shall <br />be increased by ten -thousand dollars ($10,000) per audit period for audits conducted <br />after 2039. <br />Should an audit by the City disclose that Franchise or other fees payable by the <br />Contractor were underpaid by two percent (2%) or more, or that more than 2% of the <br />Customers were inaccurately billed, for the period under review, Contractor shall pay <br />for additional audit costs, if the initial audit findings determine it is necessary to expand <br />the scope of the audit. <br />8.2.8 Payments and Refunds <br />Should an audit by the City disclose that any of the City fees payable by the Contractor <br />were underpaid or that Customers were overcharged for the period under review, <br />Contractor shall pay to City any underpayment of City fees and/or refund to <br />Contractor's Customers any overcharges within thirty (30) days following the date of <br />the audit. Should an audit disclose that City fees were overpaid, the amount of the <br />over -payment shall be credited to Contractor against future franchise fee payments, <br />with any such credits limited to overpayments for the prior three (3) years. <br />March 9, 2020 103 City of Santa Ana - DRAFT <br />60A-192 <br />