AG 1998 03 16 - Laserfiche WebLink

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532 color, religion, sex, disability, national origin, age, or marital status. XVI. RATES The County shall have the ability to regulate rates in accordance with Federal law. XVII. FRANCHISE RENEWAL Subject to Section 626 of the Cable Television Consumer Protection and Competition Act of 1992, as amended, this Franchise may be renewed by the County in accordance with the Ordinance. XVIII. POLICE POWERS In accepting this Franchise Agreement, Franchisee acknowledges that its rights hereunder are subject to the police powers of the CoUnty to adopt and enforce general ordinances necessary to the safety and welfare of the public and it agrees to comply with all applicable general laws and ordinances enacted by the County pursuant to such power, as provided in the Cable Ordinance. XIX. FRANCHISE FEE AND PERFORMANCE BOND A. Franchise Payments. Franchisee shall pay to the County a franchise fee of five (5%) percent of gross annual revenues or the maximum amount permitted by law during the period of its operation under the franchise, pursuant to the provisions of the Cable Ordinance. B. Bonds. Franchisee shall furnish a construction and performance bond to the County as specified in the Ordinance during the construction of the rebuild in the amount of two hundred thousand dollars ($200,000). Upon completion of construction, the bond shall be reduced to fifty thousand dollars ($50,000}. The construction and performance bond shall be replenished within ten (10) days of use by the County as specified l~ the Ordinance. Franchisee shall provide such construction bond and performance bond to the County within thirty (30) days of the effective date of this Franchise. The County shall certify that the rebuild is completed. Upon receipt of such certification, the Franchisee may reduce the bond. The performance bond should be maintained during the life of the Franchise, to guarantee the faithful performance of all its obligations under this Franchise and the Ordinance. XX. REGULATION Regulatory Authority. The County shall exercise appropriate regulatory authority under the provisions of the ordinance and this Franchise Agreement. Regulation may be exercised through any duly designated County office or duly established Board or Commission or other body of the County. XXI. REMEDIES - LIQUIDATED DAMAGES A. Schedule of Liquidated Damages. Because Franchisee's failure to comply with certain material provisions of this Agreement and the Cable Ordinance will result in injury to the County or to subscribers, and because it will be difficult to estimate the extent of such injury, the County and Franchisee hereby agree that the liquidated damages and penalties stated in the Cable Ordinance represent both parties' best estimate of the damages resulting from the specified injury. B. Violations. For the violation of any of the following, the County shall notify Franchisee in writing of the violation. The County shall provide Franchisee with a detailed written notice of any franchise violation upon which it proposes to take action, and a ninety (90} day period within which Franchisee may demonstrate that a violation does not exist or to cure an alleged violation or, if the violation cannot be corrected in ninety (90) days, to submit a plan satisfactory to the County to correct the violation. If an alleged violation is proven to exist, and no cure or action on a plan acceptable to the County has been received by the County within ninety (90) days, such liquidated damages shall be chargeable to the performance bond as set forth in the Ordinance if not tendered by Franchisee within thirty (30) days. Franchisee may petition the County Commission for relief with just cause. The imposition of liquidated damages shall not preclude the County from exercising the other enforcement provisions of the Cable ordinance, including revocation, or other statutory or judicially imposed penalties. Liquidated damages may be imposed as follows: 1. for failure to complete construction, construct the institutional network, or extend service in accordance with Franchise: $200/day for each day the violation continues; 2. for failure to comply with requirements for educational and government access: $150/day for each day the violation continues; 3. for failure to submit reports, maintain records, provide documents or information: $50/day for each day the violation continues; 4. for violation of customer service standards required by this Franchise, the Ordinance, or required by FCC regulation: $1000 per standard violated if Franchisee does not meet any customer service standard for two consecutive quarters; and