A. Insurance, Indemnity And Security: Prior to the execution of a franchise or license, a provider will deposit with the town an irrevocable, unconditional letter of credit and/or surety bond as required by the terms of the franchise or license, and shall obtain and provide proof of the insurance coverage required by the franchise or license. A provider shall also indemnify the town as set forth in the franchise or license.
B. Oversight: The town shall have the right to oversee, regulate and inspect periodically the construction, maintenance, operation and upgrade of the system, and any part thereof, in accordance with the provisions of the franchise or license and applicable law. A provider shall establish and maintain managerial and operational records, standards, procedures and controls to enable a provider to prove, in reasonable detail, to the satisfaction of the town at all times throughout the term, that a provider is in compliance with the franchise or license. A provider shall retain such records for not less than ten (10) years following their creation, and for such additional period as the town may direct.
C. Maintain Records: A provider shall at all times maintain:
1. On file with the town, a full and complete set of plans, records and "as-built" hard copy maps or in electronic format compatible with the town's existing GIS system, of all existing and proposed installations and the types of equipment and facilities installed or constructed, properly identified and described as to the types of equipment and facility by appropriate symbols and marks which shall include annotations of all rights of ways where work will be undertaken. Maps shall be drawn to scale.
2. If requested by the town, a summary of service calls, identifying the number, general nature and disposition of such calls, on a monthly basis. A summary of such service calls shall be submitted to the town within thirty (30) days following its request in a form reasonably acceptable to the town.
3. Throughout the tern, a provider shall maintain complete and accurate books of account and records of the business, ownership and operations of a provider with respect to the system in a manner that allows the town at all times to determine whether a provider is in compliance with the franchise or license. Should the town reasonably determine that the records are not being maintained in such a manner, a provider shall alter the manner in which the books and/or records are maintained so that a provider comes into compliance with this section. All financial books and records which are maintained in accordance with the regulations of the FCC and any governmental entity that regulates utilities in the state, and generally accepted accounting principles shall be deemed to be acceptable under this section. A provider shall also maintain and provide such additional books and records as the town deems reasonably necessary to ensure proper accounting of all payments due the town.
D. Reports:
1. Status Reports: A provider shall submit to the town reports describing, in detail, the status of the construction of the initial system every six (6) months until its substantial completion. A provider shall, upon substantial completion of the initial system, notify the town in writing. If the scope of the initial system is expanded, a provider shall likewise report every six (6) months on the state of continuation of expansion.
2. Financial Reports: A provider shall submit to the town not later than ninety (90) days after the end of each annual fiscal period, a copy of a provider's annual financial statements for such period which statements shall be signed by the chief financial officer of a provider; provided, however, that the town may also require such statements to be audited and certified by an independent certified public accountant in accordance with generally accepted accounting principles. Further, within ninety (90) days following the end of the calendar year, each provider which paid a franchise or license fee based upon gross revenues shall submit a statement, certified as true, setting forth gross revenues of the communications facility, by category, and describing what revenues were included and excluded in the fee calculation, and any adjustments made to gross revenues. Such statements shall be accurate and complete.
3. Additional Information And Reports: A provider shall provide annually to the department designated by the town a list of any and all material communications, public reports, petitions or other filings, either received from or submitted to any municipal, county, state or federal agency or official (and any response thereto submitted by or received by a provider), which in any way materially affects the operation of the system or any service or a provider's representations and warranties set forth herein, but not including tax returns or other filings which are confidential. Upon the request of the town, a provider shall promptly, but in no case later than ten (10) business days following the request, deliver to the town a complete copy of any item on said list. Upon the request of the town, a provider shall promptly submit to the town any information or report reasonably related to a provider's obligations under the franchise, its business and operations, or those of any affiliated provider, with respect to the system or its operation, or any service distributed over the system, in such form and containing such information as the town shall specify. Such information or report shall be accurate and complete.
E. Confidentiality: If the information required to be submitted in an annual report is proprietary in nature or must be kept confidential by federal, state or local law, upon proper request by a provider, such information shall be treated as confidential, making it available only to those providers who must have access to perform their duties on behalf of the town, including, but not limited to, the department of finance, the office of the town attorney and the mayor and council members; provided, that a provider notifies the town of, and clearly labels the information which a provider deems to be confidential, proprietary information. Such notification and labeling shall be the sole responsibility of franchisee. To the extent the government records and management access act ("GRAMA") or any other federal requirement for privacy applies to the information to be submitted, such law shall control.
F. Provider's Expense: All reports and records required under this chapter shall be furnished at the sole expense of a provider, except as otherwise provided in this chapter, a franchise or a license.
G. Right Of Inspection: The town's designated representatives shall have the right to inspect, examine or audit during normal business hours and upon reasonable notice to a provider under the circumstances, all documents, records or other information which pertain to a provider or any affiliated provider with respect to the system, its operation, its employment and purchasing practices, services distributed over the system, and with respect to a provider's obligations pursuant to the franchiser license. All such documents shall be made available within the town or in such other place that the town may agree upon in writing to facilitate said inspection, examination or audit; provided, however, that if such documents are located outside of the town, then a provider shall pay the reasonable expenses incurred by the town's designated representatives in traveling to such location. (Ord. 1998-2, 4-9-1998)