Ordinance 2613-02 - Laserfiche WebLink

9.2 Capital Contribution Commencing with the Effective Date, Grantee shall provide to the City One Dollar($1.00) per month per Residential Subscriber throughout the term of this Franchise and extension hereof, if any, for Access or I-Net capital (the "Capital Contribution"). The City shall evaluate the Capital Contribution during any performance evaluation conducted pursuant to subsection 4.6 Performance Evaluations. Grantee shall retain the Capital Contribution up to the amount advanced in subsection 9.1 Initial Capital Contribution PaymentError! Reference source not found.. Thereafter, Grantee shall remit collected Capital Contributions to the City no less often than quarterly. Grantee shall not be responsible for paying the Capital Contribution with respect to gratis or bad debt accounts. Within ninety (90) days after the end of each year, Grantee shall provide a report to the City regarding such gratis or bad debt accounts, which report may be included as part of another report. The City can inquire as to the status of any such accounts, and the Grantee agrees to meet with the City,upon request,to discuss such matters as necessary. The City shall have discretion to allocate the Capital Contribution in accordance with applicable law, provided that the City submits a summary of capital expenditures from the Capital Contribution to Grantee within ninety(90) days of the end of each calendar year. The City Council may adjust the amount of the Capital Contribution on an annual basis (up to the maximum of One Dollar ($1.00) per month per Residential Subscriber)), or waive the requirement altogether, provided that Grantee is given ninety (90) days advance written notice. To the extent the City makes Access or I-Net capital investments using City funds prior to receiving necessary Capital Contribution funds, the City is entitled to apply subsequent Capital Contribution payments from Grantee toward such City capital investments. The City and Grantee agree that any Capital Contribution shall be referred to on Subscribers' bills as a "PEG fee," "I-Net fee" or language substantially similar thereto. Grantee shall not change such reference on the Subscribers' bills without the prior written consent of the City,which consent shall not be unreasonably withheld. 9.3 Management and Control of Access Channels The City shall have sole and exclusive responsibility for identifying the Designated Access Providers and allocating the Access resources under this Section. The City may authorize Designated Access Providers to control and manage the use of any and all Access facilities provided by Grantee under this Franchise, including, without limitation, the operation of Access Channels. To the extent of such designation by the City, the Designated Access Provider shall have sole and exclusive responsibility for operating and managing such Access facilities. The City or its designee may formulate rules for the operation of the Access Channels, consistent with this Franchise. Grantee shall cooperate with the City and Designated Access Providers in the use of the Cable System and Access facilities for the provision of Access programming. Nothing herein shall prohibit the City from authorizing itself to be a Designated Access Provider. Additionally, nothing herein shall prohibit the City from assigning several Designated Access Providers to share a single Access Channel. Page 30 of 58