Ord 2000-046 - Laserfiche WebLink

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B. Grande will not discriminate in any way in the provision of services to customers on the basis of race, color, religion, national origin, age, sex or disability. C. Grande will not discriminate against any person in its employment practices because of race, color, religion, national origin, age, or sex, nor will Grande discriminate in its employment practices against any qualified person because of disability. Section 10. Approval of Transfer. A. Grande will have the right to transfer this Agreement. The written approval of the City Council of the City will be secured by Grande before Grande may transfer or assign this Agreement, or any of the rights or privileges included within it, or any significant portion of its plant or system. B. Any successor or assignee of Grande will be bound by all the terms of the Agreement. Any transfer or assignment will be effective only when the assignee files its written acceptance and agreement to be bound by this Agreement with the City Clerk. C. The City will not unreasonably withhold approval of a transfer. The proposed assignee must show its ability to operate and maintain Grande's facilities, its financial responsibility, and its ability to comply with the terms of this Agreement. Section 11. Payment of Franchise Fee to City; Audit. A. General Compensation. The City Council finds that the City right-of-way to be used by Grande in the provision of services in the City is valuable public property, acquired and maintained by the City at substantial expense and obligations to City taxpayers. Without the rights granted by this Agreement, Grande would be required to undertake substantial investments and obligations in acquiring its own right-of-way and easements. Grande agrees to pay to the City as general compensation a franchise fee consisting offive percent of Grande's gross revenue derived within the City from cable service. It is the intent of the parties to include in the term "gross revenue" the value of all consideration to Grande, cash and otherwise, that Grande derives from the provision of cable service through and in connection with Grande's facilities, including: 1. all fees charged to Grande's customers for use of Grande's facilities; 2. revenues from leasing Grande's facilities to third parties for provision of services otherwise governed by the terms of this Agreement; 3. advertising, including a prorata portion of national revenue attributable to Grande from the operation of Grande's facilities in the City; and 4. sale or rental of customer lists. "Gross revenue" does not include Grande's revenues from telecommunications services, nor does it include revenue not actually received. B. Calculation and Payment on a Quarterly Basis of Franchise Fee. Grande will make franchise fee payments to the City each calendar quarter. Grande will make these payments to the office designated by the City Manager by the 30th day following the close of each respective quarter. Grande will make any necessary prorations. Each payment will be accompanied by a summary of the data and calculations to support the amount of the payment, including a breakout by month. C. The compensation in this section is in addition to all special assessments and taxes, including, but not limited to, ad valorem taxes, right-of-way construction permits, inspection fees and assessments for recovery of costs incurred by the City. D. For any quarterly payment made after noon on the date due, Grande shall pay a late payment charge of$lOO. E. Grande's payment of compensation under this section does not limit or impair the privileges or rights of the City, whether under this Agreement or otherwise. The City's acceptance of payment will not be construed as an agreement that the amount paid is correct, nor will it be construed as a release of any C:\TEMP\Grande Franchise final.doc 7