(A) Remedies for breach and contravention of franchise.
(1) A breach by the franchisee of the franchise agreement, in addition to constituting a breach of contract, shall constitute a violation of this chapter. The cost of any litigation incurred by the county to enforce this chapter or the franchise granted pursuant hereto, or the franchise agreement or in relation thereto, or in relation to the cancellation or termination of a franchise, shall be reimbursed to the county by the franchisee. Such costs shall include filing fees, costs of depositions, discovery, and expert witnesses, all other expenses of suit, and a reasonable attorney’s fee.
(2) Violation of material provisions of this chapter shall subject the franchisee to the following penalties:
(a) Failure of the franchisee to meet performance standards, as determined by the County Manager, to which it has agreed, may result in a rebate of rates or charges to subscribers affected, provided that the County Manager shall provide ten days written notice of the failure to the franchisee. Any rebate may be charged to the performance bond;
(b) For failure to provide data and reports as requested by the County Manager or the Board of Commissioners and as required by this chapter, the penalty shall be $50 per day for each day not delivered. This penalty may be chargeable to the performance bond;
(c) For failure to complete construction and installation of the cable system, unless the Board of Commissioners approves the delay because of reasons beyond the control of the franchisee, the franchise term may be reduced one year for each three-months’ delay. The County Manager shall notify the franchisee during the first month of the three-month period that the system has failed to meet performance standards;
(d) For any other material violation of the chapter in such amounts per day as the Board may reasonably determine; and
(e) The franchisee may appeal any penalty which it considers unreasonable to the Board of Commissioners and then into the state judicial system as permitted by state law.
(B) Liability and indemnification of the county. The franchisee shall indemnify and hold harmless the county at all times during the term of the franchise granted hereby and specifically agrees that it will pay all damages and penalties which the county may legally be required to pay as a result of granting the franchise. Such damages and penalties shall include, but not be limited to, damages arising out of copyright infringements, and other damages arising out of the installation, operation, or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by the franchisee. In case suit shall be filed against the county either independently or jointly with the franchisee to recover for any claim or damages, the franchisee, upon notice of it by the county, shall defend the county against the action and, in the event of a final judgment being obtained against the county, either independently or jointly with the franchisee solely by reason of the acts of the franchisee, the franchisee will pay said judgment and all costs and hold the county harmless therefrom.
(C) Non-waiver. Neither the provisions of this section, nor any bonds accepted by the county pursuant hereto, nor any damage recovered by the county hereunder, shall be construed to excuse unfaithful performance by the franchisee or limit the liability of the franchisee under this chapter or the franchise for damages, either to the full amount of the bond, or otherwise.
(Ord. passed 10-18-1982)