(A) The city may collect liquidated damages for any failure to comply with the provisions of the franchise. Damage amounts may be adjusted throughout the term of the franchise by the city by resolution to take into account inflation:
(1) For failure to extend service in accordance with franchise: $1,500/day for each day the violation continues;
(2) For failure to submit reports, maintain records, provide documents or information: $500/day for each day the violation continues;
(3) For violation of EEO requirements; rights to privacy: $5,000 per violation;
(4) For violation of customer service standards: $750 per violation;
(5) For failure to comply with transfer provisions: $1,000/day from the date of any unlawful transfer; and
(6) For all other violations: $500/day for each day violation continues.
(B) The damages provided for in this section, the termination provisions, and such other remedies as may be available under law are cumulative; the exercise by the city of any one remedy shall not foreclose the use or availability of any other remedy.
(C) The company shall maintain a $25,000 irrevocable and unconditional letter of credit (in a form acceptable to the City Attorney) from which the city may draw upon to satisfy any payments it determines are due it under this section, or to satisfy any other provisions of this franchise, including the indemnity provision, provided that the company receives 15 standard business days written notice from the city before any draws are made upon the letter of credit. In the event such withdrawals are made, the company agrees to replenish the letter of credit within 30 days of the withdrawals.
(Ord., passed 8-25-92)