(a) Reports. Upon reasonable request of the Public Service 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 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 thirty (30) calendar 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 (30) calendar 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 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 proprietary 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 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 obligations under this Chapter or and Rules and Regulations adopted pursuant hereto. 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.
(e) Rules and Regulations. The Public Service Director may propose, and City Council may approve by resolution (and from time to time amend), Rules and Regulations regarding this Chapter, construction standards, and occupancy requirements of the rights-of-way. Such Rules and Regulations shall not materially increase the obligation of any Provider hereunder; provided, however, that none of the following shall in any way be considered a material increase in obligation: the adoption of Rules and Regulations increasing fees; the requiring of the placement of facilities in designated portions of the rights-of-way (underground or otherwise); the overbuilding of facilities; or the requiring of joint-builds. Prior to the adoption or amendment of the Rules and Regulations, the City shall provide written notice and a copy of the proposed language of such adoption or amendment, via U.S. regular mail, to each Provider who holds a then current Certificate of Registration. Each Provider shall then have thirty (30) calendar days following the date of the City's mailing to provide written comment regarding the proposed language to the City. At least forty-five (45) calendar days but not more than sixty (60) calendar days following the date of the City's mailing, the City 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 City. The Public Service 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, for approval by the City Council.
(Ord. 2022-46. Adopted 12/08/22)