(a) Reports. Upon reasonable request of the City Engineer, 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 effects 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 fifteen (15) 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 fifteen (15) days.
(b) Confidentiality. All information submitted to the City that is considered trade secret and/or proprietary information must be clearly marked as such when submitted. The City shall exercise all reasonable protection so as not to publicly disclose to any third party proprietary information unless required by Law.
(c) 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.
(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, all documents, records, or other information which pertain to a Provider and its operation of a System or its obligation under this ordinance. 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 a Provider shall pay the reasonable expenses incurred by the City’s designated representatives in traveling to such location. Provider shall also reimburse the City for at least fifty percent (50%) of the total cost incurred by the City for utilizing a third party to assist with or conduct an investigation or audit.
(Ord. 74-2007. Passed 11-19-07.)