Applicants for a franchise shall be authorized, but not required, to include within
their applications proposals for services, resources or benefits to the county or
cities, including, but not limited to, free or discounted rates for subscription to
services on the subscriber network or institutional network, channels or time thereon
on the subscriber network or institutional network, electronic or other equipment,
use of the institutional network, staffing resources or other services, resources
or benefits for improvement in the delivery of governmental services or efficiency
of governmental operations. A franchisee who has proposed the provision of such services,
resources or benefits in its application shall comply during the entire term of the
franchise with all such commitments contained in its application and the resolution
offering the franchise pursuant to the terms and conditions stated therein, and the
failure to provide such services, resources or benefits pursuant to the terms and
conditions stated shall be deemed to constitute a material violation and breach of
the franchise documents.
An applicant who chooses not to make such a proposal shall not be disqualified from
bidding or consideration in selection of the franchisee. It is expressly declared
that the factors upon which selection will be based are so numerous and subjective
as to make it impossible to know in advance the relative importance of a determination
by an applicant to either make or not to make such a proposal in relation to other
factors upon which award of a franchise will be based.
