(a) Reports. Upon reasonable request of the Public Works Director, a provider shall provide the City with 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), and any other information or report reasonably related to a provider's obligations under this chapter which in any way materially affects the operation of the system or a provider's representations and warranties set forth herein, but not including tax returns or other filings which are confidential. Upon request, a provider shall promptly, but in no case later than thirty business days following the request, deliver to the City a complete copy of any item on said list. Upon the request of the City, a provider shall promptly submit to the City any information or report reasonably related to a provider's obligations under this chapter, its business and operations with respect to the system or its operation, in such form and containing such information as the City shall specify. Such information or report shall be accurate and complete and supplied within thirty days.
(b) Confidentiality. All information submitted to the City that is considered confidential information, trade secret and/or proprietary information or information that upon public its disclosure would be highly likely to place critical portions of the provider's system in real danger of vandalism, sabotage or an act of terrorism, must be clearly marked as such when submitted. The City shall exercise all reasonable legal protections so as not to publicly disclose to any third party such information unless required by law. The City shall, following receipt of a request for public disclosure of clearly marked trade secret and/or proprietary information submitted by a provider, endeavor to use reasonable best efforts to timely place the provider's system representative on notice that such a request for public disclosure has been made.
(c) Provider's Expense. All reports and records required under this chapter shall be furnished at the sole expense of the provider.
(d) Right of Inspection and Audit. The City'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: documents, records, or other information which pertain to a provider's operation of a system within the City that are related to its obligations under this chapter. All such documents shall be made available within the City or in such other place that the City may agree upon in writing in order to facilitate said inspection, examination, or audit provided, however, that if such documents are located outside of the City, then the provider shall pay the reasonable expenses incurred by the City's designated representative in traveling to such location. Also, provider shall reimburse the City for at least fifty percent of the total cost incurred by the City for utilizing a third party to assist with or conduct an investigation or audit.
(e) Rules and Regulations. The Public Works Director may propose and adopt (and from time to time amend) the Rules and Regulations regarding this chapter and engineering standards. Prior to the adoption or amendment of the Rules and Regulations, the Public Works Director shall provide written notice and a copy of the proposed language of such adoption or amendment, via United States regular mail, to each provider who holds a then current certificate of registration. Each provider shall then have thirty days following the date of the City's mailing to provide written comments regarding the proposed language to the Public Works Director. At least forty-five days, but not more than sixty days following the date of the City's mailing, the Public Works Director shall schedule and hold a meeting, to make available a forum at which all then current providers may address any questions, concerns and make reasonable suggestions regarding the proposed new Rules and Regulations to the Public Works Director. The Public Works Director shall, following said meeting and the review of the providers' comments and suggestions, adopt or amend the Rules and Regulations in a manner that best serves the City.
(Ord. A-2853. Passed 4-11-16; Ord. A-2963. Passed 4-22-19.)