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512 <br /> <br />DRAFT <br /> <br /> 5.4 PERFORMANCE EVALUATION. <br /> A. Annual Evaluation Sessions. The County and the Grantee shall, at <br />the discretion of the County, hold a scheduled performance evaluation session, <br />not to exceed more than one (1) session per calendar year. All such <br />evaluation sessions shall be open to the public. <br /> B. Special Evaluation sessions. Special evaluation sessions may be <br />held at any time during the term of the Franchise at the request of the <br />County. <br /> C. Topics for Review. Topics which may be discussed at any scheduled <br />or special evaluation session may include, but not be limited to system <br />performance and construction, Grastee compliance with this O~dinance and the <br />Franchise, customer service and complaint reeponse, subscriber privacy, <br />services provided, programming offered, service rate structures, Franchise <br />fees, penalties, free or discounted services, applications of new <br />technologies, judicial and FCC filings, and line extensions. <br /> D. Cooperation by Grantee. During the review and evaluation by the <br />County, the Grantee shall fully cooperate with the County and shall provide <br />such information and documents as the County may need to reasonably perform <br />its review. <br /> E. Response to Inquiries. The County may, at any time, make <br />inquiries, concerned with the management and affairs of the Cable Television <br />System as they relate to the operation of the Cable Television System in the <br />County. Grantee shall use all reasonable effort to respond to such inquiries <br />in a timely fashion. <br />vi. BONDS, INSURANCE, AND INDEMNIFICATION 6.1 PERFORMANCE BOND. <br /> A. Performance Bond. Upon the effective date of the Franchise, the <br />Grantee shall obtain and maintain during the entire term of the Franchise and <br />any extensions and renewals thereof, at its cost and expense, and file with <br />the County, a corporate surety bond in an amount specified in the Franchise <br />to guarantee the faithful performance of the Grantee of all its obligations <br />provided under this Ordinance and the Franchise. Failure to timely obtain, <br />file and maintain said bond shall constitute a substantial violation within <br />the meaning of this Section. <br /> B. Conditions. The performance bond shall be issued by a surety <br />licensed to do business in North Carolina and shall provide the following <br />conditions: <br /> (1) There shall be recoverable by the County jointly and severally <br /> from the principal and surety, any and all fines and liquidated <br /> damages due to the County and any and all damages, losses, costs, <br /> and expenses suffered or incurred by the County resulting from the <br /> failure of the Grantee to: faithfully comply with the provisions <br /> of this Ordinance and the Franchise; comply with all orders, <br /> permits and directives of any County agency or body having <br /> jurisdiction over its acts or defaults; pay fees due to the <br /> County; or, pay any claims, liens or taxes due the County which <br /> arise by reason of the construction, operation, maintenance or' <br /> repair of the cable system. Such losses, costs and expenses shall <br /> include but not be limited to a%torney's fees and other associated <br /> expenses. <br /> (2) The total amount of the bond shall be forfeited in favor of the <br /> County in the event: <br /> (a) The Grantee abandons the cable system or fails to <br /> initiate or complete construction of the cable system as <br /> specified at any time during the term of the Franchise or <br /> any extension thereto; or <br /> (b) The Grantee assigns the Franchise without the express <br /> written consent of the County, when such consent is required <br /> under this Ordinance or Federal law or regulation. <br /> (c) The Franchise is terminated by reason of the default <br /> of the Grantee. <br /> C. Reduction of Bond. Upon written application by the Grantee, the <br />County may, at its sole option, permit the amount of the bond to be reduced or <br />waive the requirements for a performance bo~d subject to the conditions set <br />forth below. Reductions granted or denied upon application by the Grantee <br />shall be without prejudice to the Grantee's subsequent applications or to the <br />County's right to require the full bond at any time thereafter. However, no <br />application shall be made by the Grantee within one (1} year of any prior <br />application. <br /> D. Use of Performance Bond. Prior to drawing upon the performance <br />bond for the purposes described in this Section, the County shall notify the <br />Grantee in writing that payment is due and the Grantee shall have thirty (30) <br />days from the receipt of such written notice to make a full and complete <br /> <br /> <br />