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appropriate recommendations, with the prior approval of the CEC, to the CITY, the <br />League of California Cities, the National League of Cities and other lobbyists of <br />Califomia public agencies. <br />c. Regulatory Agencies. Monitor proceedings at the various regulatory proceedings <br />(e.g., California Public Utilities Commission, California Energy Commission, <br />Federal Commerce Commission, Federal Energy Regulatory Commission) that affect <br />the deregulation of the various utilities that are to be reviewed under this <br />AGREEMENT and make appropriate recommendations to CITY and the CEC. <br />Information Services. To accomplish the monitoring and review services in <br />Section 4(B) above, the PROGRAM will provide CITY with periodic newsletters, <br />special communications, and legislative bulletins. MMC may also provide <br />instruction to CITY staff through workshops and seminars on such subjects as <br />industry deregulation, new technologies, complying with new utility -related <br />legislation, and other timely subjects. <br />C. MMC Does Not Provide Legal Services. <br />It is agreed and understood MMC will provide no legal services that may be required under any of the <br />PROGRAM activities described in this AGREEMENT, but rather LAW FIRM will provide such legal <br />services by separate agreement with CITY. It is also acknowledged that in providing such legal <br />services, LAW FIRM's client will be CITY, and not MMC. <br />D. MMC To Provide CITY with Copies of Correspondence. <br />MMC will provide CITY with copies of all correspondence/documentation sent or issued by the <br />PROGRAM on CITY's behalf. <br />4. CITY -SPECIFIC AUDITS WITH PERFORMANCE-BASED FEE <br />A. Scope of CITY -Specific Audits <br />At any time during the term of this AGREEMENT, with the prior written consent of the CITY, MMC <br />may perform a CITY -specific audit of a utility franchise or UUT payments from a specific utility, <br />when the audit intends to focus on CITY -specific issues. See Section 6(C) below regarding <br />compensation for CITY -specific audits. <br />B. MMC's Responsibilities for CITY -Specific Activities <br />1. Work Plan Approval for CITY -specific Activities. MMC will submit to the CITY staff a <br />proposed Work Plan for review and approval that will serve as the basis for CITY -specific <br />compliance activities (e.g., CATV UUT or franchise review, gas or electric franchise review, <br />or payment deviation from a specific utility). <br />2. CITY Approval of Discovery Actions. For City -specific activities, MMC will receive prior <br />authorization from the CITY staff (including the City Attorney) to obtain and examine utility <br />and customer records (hard copy and data format) necessary to assure compliance with the <br />CITY's UUT ordinance through the use of administrative subpoenas, nondisclosure <br />agreements, and other procedures required by the utility service provider as a condition of <br />providing access to confidential customer information. <br />MMC to Comply with Local Laws. In performing the compliance review services described <br />in this subsection, MMC agrees to abide by the provisions of the CITY's UUT ordinance, any <br />administrative rules the CITY may adopt relating to such ordinance, and the confidentiality <br />requirements of state law (Revenue and Taxation Code Section 7284.6-.7). Throughout the <br />above process, MMC shall be available to meet with the CITY, utility service providers, or <br />their customers to review any MMC findings or recommendations arising out of its <br />compliance review activities for the CITY. <br />5. CITY's RESPONSIBILITIES <br />To facilitate and maximize the effectiveness of the above compliance review activities, CITY shall diligently <br />assist MMC by performing the following: <br />