Ordinance 3077-08 - Laserfiche WebLink

currently$1.00 per month, per Subscriber. The Annual PEG Grant payment, along with a brief summary of the Subscriber information upon which it is based, shall be delivered to the City concurrent with the Franchise fee payment. Franchisee's obligation to pay the Annual PEG Grant is contingent upon the City imposing a comparable economic burden on a per Subscriber basis in writing on all new or existing providers of cable service(as such term may be defined by other providers)within the Franchise Area and that such providers pay such financial support throughout the term of this Agreement. The LFA shall give Franchisee sixty(60) days prior written notice before changing the amount of the Annual PEG Grant under this Section. Calculation of the Annual PEG Grant will commence with the first calendar month during which Franchisee obtains its first Subscriber in the Service Area. 6.2.3 The City shall provide Franchisee with a complete accounting annually of the distribution of funds granted pursuant to this Section 6.2. 6.3 City shall require all local producers and users of any of the PEG facilities or Channels to agree in writing to authorize Franchisee to transmit programming consistent with this Agreement and to defend and hold harmless Franchisee and the City, from and against any and all liability or other injury, including the reasonable cost of defending claims or litigation, arising from or in connection with claims for failure to comply with applicable federal laws, rules, regulations or other requirements of local, state or federal authorities; for claims of libel, slander, invasion of privacy, or the infringement of common law or statutory copyright; for unauthorized use of any trademark, trade name or service mark; for breach of contractual or other obligations owing to third parties by the producer or user; and for any other injury or damage in law or equity, which result from the use of a PEG facility or Channel. City shall establish rules and regulations for use of PEG facilities, consistent with, and as required by, 47 U.S.C. §531. 6.4 To the extent permitted by federal law, the Franchisee shall be allowed to recover the costs of an Annual PEG Grant, the Franchise Grant, and any other costs arising from the provision of PEG services from Subscribers and to include such costs as a separately billed line item on each Subscriber's bill. Without limiting the forgoing, if allowed under state and federal laws, Franchisee may externalize, line-item, or otherwise pass-through interconnection costs to Subscribers. 7. FRANCHISE FEES 7.1 Payment to City: Franchisee shall pay to the City a Franchise fee of five percent (5%) of annual Gross Revenue. In accordance with Title VI of the Communications Act, the twelve (12) month period applicable under the Franchise for the computation of the Franchise fee shall be a calendar year. Such payments shall be made no later than forty-five (45) days following the end of each calendar quarter. Franchisee shall be allowed to submit or correct any payments that were incorrectly omitted, and shall be refunded any payments that were incorrectly submitted, in connection with the quarterly Franchise fee remittances within 90 days following the close of the calendar year for which such payments were applicable. 7.2 Supporting Information: Each Franchise fee payment shall be accompanied by a brief report prepared by a representative of Franchisee showing the basis for the computation. EVERETT 13 Seattle-3388207.8 0010932-00119