A. The City shall have the right to inspect and copy books and records: related in whole or in part to the construction, operation or repair of the cable communications system; that City deems relevant to monitoring compliance with the terms of this ordinance, a franchise or applicable law; or that the City deems relevant to the exercise of any right or duty of the City under the same. Each cable communications system operator is responsible for maintaining control over such books and records whether created by grantee, or by those acting on its behalf. It is responsible for producing these records upon City's request, for City's inspection and copying. The records that grantee may be required to produce shall include, but are not limited to revenue records, and other records related to compliance with any provision of this Chapter or a franchise ordinance. Books and records must be maintained for a period of five (5) years. The phrase "books and records" shall be read expansively to include information in whatever format stored.
B. Books and records requested shall be produced to the City by a time and at a location in City designated by the City Treasurer or City Manager, or designated in a franchise ordinance. However, if the requested books and records are too voluminous, or for security reasons cannot be copied and moved, or if the requested books and records contain trade secrets, then the grantee may request that the inspection take place at some other location mutually agreeable to the City and the grantee, and the City will not unreasonably deny the request, provided that (i) the grantee makes necessary arrangements for copying documents selected by City after its review; and (ii) the grantee pays all travel and additional copying expenses incurred by City (above those that would have been incurred had the documents been produced in City, including those incurred by any outside auditors, consultants or attorneys retained by the City to review the franchise) in inspecting those documents or having those documents inspected by its designee.
C. Any proprietary information received by City from a grantee must be clearly marked as proprietary information that the grantee asserts is not required to be disclosed pursuant to the California Public Records Act. If a third party seeks release of a privileged document held by City, City will notify the grantee so that the grantee may seek court protection against the release of the document.
(Ord. No. 2001-014 § 2; Ord. No. 2006-009 § 22 (part))