Ordinance 2510-01 - Laserfiche WebLink

(2) Reimbursement of costs borne by the City to correct Franchise violations not corrected by Grantee; and (3) Monetary remedies or damages assessed against Grantee due to default or breach of Franchise requirements. C. The City shall give Grantee written notice of any withdrawal under this subsection upon such withdrawal. Within seven (7) days following receipt of such notice, Grantee shall restore the Assurance to the amount required under this Franchise. Grantee's maintenance of the Assurance shall not be construed to excuse unfaithful performance by Grantee or to limit the liability of Grantee to the amount of the Assurance or otherwise to limit the City's recourse to any other remedy available at law or equity. D. Grantee shall have the right to appeal to the City Council for reimbursement in the event Grantee believes that the Assurance was drawn upon improperly. Grantee shall also have the right of judicial appeal if Grantee believes the Assurance has not been properly drawn upon in accordance with this Franchise. Any funds the City erroneously or wrongfully withdraws from the Assurance shall be returned to Grantee with interest, from the date of withdrawal at a rate equal to the prime rate of interest as quoted in the Wall Street Journal. 7. REPORTS AND RECORDS 7.1. Open Records The City shall have access to, and the right to inspect, examine, or audit any books and records of Grantee, its parent corporations and affiliates that are reasonably related to the administration or enforcement of the terms of this Franchise. Grantee shall not deny the City access to any of Grantee's records on the basis that Grantee's records are under the control of any parent corporation, affiliate or a third party. The City may request in writing copies of any such records or books and Grantee shall provide such copies within thirty(30) days of the transmittal of such request. One(1) copy of all reports and records required under this or any other subsection shall be furnished to the City, at the sole expense of Grantee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then Grantee may request, in writing within ten (10) days, that the City inspect them at Grantee's office. If any books or records of Grantee are not kept in a local office and not made available as copies to the City upon written request as set forth above, and if the City determines that an examination of such records is necessary or appropriate for the performance of any of the City's duties, administration or enforcement of this Franchise, then all reasonable travel and related expenses incurred in making such examination shall be paid by Grantee. Grantee shall reimburse the City for any costs and expenses incurred by the City in connection therewith within sixty(60)days of the City's request for reimbursement. 7.2. Confidentiality The City agrees to treat as confidential any books or records that constitute proprietary or confidential information under federal or State law, to the extent Grantee makes the City aware of such confidentiality. Grantee shall be responsible for clearly and conspicuously stamping the word 14 of 29