Ordinance - #16-14 - 12/13/2016 - Laserfiche WebLink

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for penalties charged pursuant to this Section, in payment for any monies owed by the Grantee to the City or any Person pursuant to its obligations under this Franchise, or in payment for any damage incurred by the City or any Person as a result of any acts or omissions by the Grantee pursuant to this Franchise. 9.2.3 In addition to recovery of any monies owed by the Grantee to the City or any Person or damages to the City or any Person as a result of any acts or omissions by the Grantee pursuant to the Franchise, the City in its sole discretion may charge to and collect from the Letter of Credit the following penalties: 9.2.3.1 For failure to timely complete the System construction as provided in this Franchise, unless the City or the Commission approves the delay, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.2 For failure to provide data, documents, reports or information or to cooperate with City or the Commission during an application process or system review or as otherwise provided herein, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.3 Fifteen (15) days following notice from City or Commission of a failure of Grantee to comply with construction, operation or maintenance standards, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.4 For failure to provide the services and the payments required by this Franchise, including, but not limited to, the implementation and the utilization of the PEG Access Channels,the penalty shall be $250.00 per day for each day,or part thereof, such failure occurs or continues. 9.2.3.5 For Grantee's breach of any written contract or agreement with or to the City or the Commission, the penalty shall be $250.00 per day for each day, or part thereof,such breach occurs or continues. 9.2.3.6 For failure to comply with any of the provisions of this Franchise, or other City ordinance for which a penalty is not otherwise specifically provided pursuant to this subsection 9.2.3, the penalty shall be $250.00 per day for each day,or part thereof, such failure occurs or continues. 9.2.4 Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed; provided, however, that Grantee will not be charged under more than one penalty provision for each separate violation. 9.2.5 Whenever the City or the Commission determines that the Grantee has violated one or more terms, conditions or provisions of this Franchise, or for any other violation contemplated in subsection 9.2.3 above, a written notice shall be given to 36 489232v1 RJV QU2I0-6