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<br />d. Information Services. To accomplish the monitoring and review <br />services in Section 4(B) above, the PROGRAM will provide the CITY <br />with periodic newsletters, special communications, 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 utility-related legislation, and <br />other timely subjects. <br /> <br />C. MMC Does Not Provide Legal Services. <br /> <br />It is agreed and understood MMC will provide no legal services that may be required <br />under any of the PROGRAM activities described in this Agreement, but rather LAW <br />FIRM will provide such legal services by separate agreement with the CITY. It is <br />also acknowledged that in providing such legal services, LAW FIRM's client will be <br />the CITY, and not MMc. <br /> <br />4. CITY-SPECIFIC AUDITS WITH PERFORMANCE-BASED FEE <br /> <br />A. Scope of CITY-Specific Audits <br /> <br />At any 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 />payments 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 /> <br />B. MMC's Responsibilities for CITY-Specific Activities <br /> <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 /> <br />2. CITY Approval of Discovery 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 /> <br />3. MMC to Comply 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 any MMC findings or <br />recommendations arising out of its compliance review activities for the CITY. <br /> <br />Agmt-412 <br />F :/SharedIRedwoodiC ouncil <br />FXS:djk <br />10/13/00 <br /> <br />5 <br />