§ 6.5-182. Inspection and review of books, records, and other data.

(a)

A service provider or system owner or operator shall keep complete and accurate books of accounts and records of the business and operations in connection with the operation of system and/or the provision of service in the city, including records of inspection and maintenance activity in sufficient detail to ascertain the diligence and adequacy of the inspection and maintenance program.

(b)

The city council, the administrator, or a duly authorized designee of either, shall always have the right to require the provision of and delivery of information or records, including true and complete photostatic copies of any records, to the city offices, or the offices of the city's designee, as may be necessary to administer this article or any franchise. At the discretion of the city council or the administrator, and in lieu of the preceding, the company may be permitted to provide attested and certified summaries of information in the form and format determined by the city council or the administrator.

(c)

Information and records shall by provided within five (5) days of the receipt of a written request, unless the retention of such records is expressly exempted by one (1) or more provisions of a franchise, or unless the time for the provision of such records is extended by the city council or the administrator. In an emergency situation the information may required to be provided sooner.

(d)

It shall be the responsibility of the service provider or system owner or operator to retain and maintain records and information so as to enable their provision to the city or its designee in a timely manner as required by this article. The period of time for the required retention of such records shall be for the period of time represented by the state's statute of limitations given the facts and circumstances involved.

(e)

The city shall have the right, at its own expense, to hire, an independent certified public accountant or other business professional to review the books and records of a service provider or system owner or operator, or at the discretion of the city council or the administrator, attested and certified summaries of information in the form and format determined by the council or the administrator. If, after a financial audit or analysis, it is determined that the service provider or system owner or operator has underpaid amounts owed to the city by one (1) per cent or more of the amount owed or two thousand dollars ($2,000.00), whichever is less, then the service provider or system owner or operator may be required to reimburse the city for the actual fully-allocated cost of the audit or review. Absent fraud, any audit by an independent certified public accountant or other qualified professional retained by the city shall be binding.

(f)

A false entry into the books and/or records of a service provider or system owner or operator of a material fact or amount made by a service provider or system owner or operator or any employee or contractor of the service provider or system owner or operator, shall constitute a material violation of this article and, at the discretion of city council, subject the service provider or system owner or operator to termination and revocation of its franchise, and any and all fines and penalties, both civil and criminal, as permitted under law. An unintentional erroneous entry made in good faith and of de minimus negative affect, shall be deemed a technical violation or breach and shall not constitute a material violation of this article, nor subject a service provider or system owner or operator to any damages or penalties.

(g)

The service provider or system owner or operator shall also keep, make available and provide upon request by the city, any other records and information that may be required by any other federal or state agency, that has jurisdiction over one (1) or more classes of service provider or system owner or operator as relate to the operation of the system or the provision of service, including financial matters.

(h)

No service provider or system owner or operator shall be required to provide information that is by law expressly deemed confidential or proprietary.

(i)

Failure to comply with the provisions of this section shall subject the service provider or system owner or operator to penalties as set forth in this article.

(j)

To the extent required by applicable state and federal law, the city shall not disclose or use any information provided by a service provider or system owner or operator in a manner that would reasonably be deemed to provide a competitive advantage to another service provider or system owner or operator, or that would reasonably be deemed place the service provider or system owner or operator at a competitive disadvantage.

(Ord. No. A-177, § 32, 3-13-2000)