Records for city review will include:
(a) The city shall have the right to inspect, upon reasonable notice and during normal business hours, any records maintained by a grantee which relate to cable system operations including specifically a grantee’s accounting and financial records, provided, however, a grantee may withhold records it deems to be confidential and proprietary until the parties execute a nondisclosure agreement consistent with applicable law. A grantee shall produce the books and records for the city’s inspection at a grantee’s local office or at another mutually agreed upon location; and
(b) The city acknowledges that some of the records, including maps and system location information, that may be provided by a grantee may be considered confidential by a grantee and therefore may subject a grantee to competitive disadvantage if made public. The city will maintain the confidentiality of any records provided to it by a grantee that are identified by grantee in writing as “confidential,” if they are not required to be made public pursuant to applicable laws. Upon receipt of demand from any third party for disclosure of records, the city shall advise a grantee and provide a grantee with a copy of any written request by the party demanding access to the records, if available. The city agrees that, to the extent permitted by state and federal law, it shall deny access to any of a grantee’s books and records marked confidential as set forth above. Subject to the city’s compliance with this section, the city shall not be liable to a grantee for any submission or disclosure of the information to a third party as required by applicable law or to a government agency or regulatory body seeking the records and claiming jurisdiction in any of these events. Nothing in this section shall limit the right of a grantee to contest disclosure or submission to a third party as required by law or to a government agency or regulatory body asserting jurisdiction over it or the subject matter before the disclosure shall be effected. A grantee shall reimburse the city for all reasonable costs and attorneys’ fees incurred in any legal proceedings pursued under this section.
(1992 Code, § 44-80) (Ord. 104-09, passed 11-16-2009)