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�1-2 � ►�- <br /> d. Information Services. To accomplish the monitoring and review <br /> services in Section 4(B) above, the PROGRAM ���ill provide the CITY <br /> with periodic newsletters, special communicaiions, and legislative <br /> bulletins. MMC may also provide instruction to CITY staff through <br /> workshops and seminars on such subjects as industry� deregulation, <br /> new technologies, complying with new utilit}�-related legislation, and <br /> other timely subjects. <br /> C. MMC Does Not Provide Legal Services. <br /> It is agreed and understood MMC will provide no legal services that ma}� be required <br /> under any of the PROGRAM activities described in this A=reement, but rather LAW . <br /> FIRM will provide such legal services by separate agreement w�ith the CITY. It is <br /> also acl:nowledged that in providing such legal services, LA`�' FIRI�1's client will be <br /> the CITY, and not MMC. <br /> 4. CITY-SPECIFIC AUDITS WITH PERFORMANCE-BASED FEE <br /> A. Scope of CITY-Specific Audits <br /> At an�� time during the term of this AGREEMENT, with the prior written consent of <br /> the CITY, MMC may perform a CITY-specific audit of a utility franchise or UUT <br /> pa��ments from a specific utility�, when the audit intends to focus on CITY-specific <br /> issues. See Section 6(C) below regarding 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 <br /> CITY staff a proposed Work Plan for review and approval that will serve as <br /> the basis for CITY-specific compliance activities (e.g., CATV UUT or <br /> franchise review�, gas or electric franchise review, or payment deviation from <br /> a specific utility). <br /> 2. CITY Approval of Discoverv Actions. For City-specific activities, MMC will <br /> receive prior authorization from CITY staff to obtain and examine utility and <br /> customer records (hard copy and data format) necessary to assure compliance <br /> with the CITY's UUT ordinance through the use of administrative subpoenas, <br /> nondisclosure agreements, and other procedures required by the utility service <br /> provider as a condition of providing access to confidential customer <br /> information. <br /> 3. MMC to Complv with Local Laws. In performing the compliance review <br /> services described in this subsection, MMC agrees to abide by the provisions <br /> of the CITY's UUT ordinance, any administrative rules the CITY may adopt <br /> relating to such ordinance, and the confidentiality requirements of state law <br /> (Revenue and Taxation Code Section 7284.6-.7). Throughout the above <br /> process, MMC shall be available to meet with the CITY, utility service <br /> providers, or their customers to review an}� MMC findings or <br /> recommendations arising out of its compliance review� activities for the CITY. <br /> A�mt--312 � <br /> F:!S hared/Red�� ood/Counc i I <br /> fXS:djk <br /> 10/ I 3/00 � <br /> ___ ... <br /> _ ._._ _� --_..._ <br /> _ _ _.. ,.. _. _ __ _ . <br />