Ord 2000-046 - Laserfiche WebLink

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claim which the City may have. F. Grande will file with the City Manager a statement of Grande's gross revenue for each fiscal year not later than the 120th day after the end of Grande's fiscal year. The statement must contain a detailed description of gross revenue and uncollectible accounts for the year. G. Grande will keep complete and accurate records and books of accounts of its business and operations in the City in accordance with generally accepted accounting principles. The City will have the right to audit, inspect and copy all of Grande's books, accounts, maps and other records reasonably required by the City to determine the amounts of franchise fee payments to be made by Grande to the City. Section 12. Term of Grant; Extensions; Forfeiture; Termination. A. This Agreement will be in full force and effect for a term of five years beginning June 1,2000. B. Grande will be entitled to receive two five year extensions of the term of this Agreement. The extensions will each take effect automatically unless the City Manager provides written notice no later than one year before the end of the then-current term of this Agreement, based upon a decision by the City Council, that an extension will not be granted. The City Council may refuse to grant an extension only if: 1. Grande is not in substantial compliance with the material terms and conditions of this franchise; 2. Grande has not materially complied with this Agreement; or 3. Grande's performance has not been consistent with current overall industry technical practices and range and level of services, and Grande does not have the demonstrated ability and agrees to perform consistently with industry practices during the extension period by implementing improvements to Grande's facilities that are commercially feasible. C. The City Council may initiate a review of the performance of Grande under this Agreement at any time. To determine satisfactory performance, the City will consider Grande's technical performance, its customer service experience, and its compliance with the terms of this Agreement. If the City Council finds the performance of Grande to be unsatisfactory, the City Manager will notify Grande in writing of the specific areas of unsatisfactory performance and give Grande a reasonable time to correct the deficiency. If Grande does not correct the deficiency within the time given, the City Council may terminate this Agreement. D. Grande commits a default under this Agreement if Grande: 1. fails to make any required payment to the City in a timely manner; 2. violates any material provision of this Agreement or any determination made by the City Manager or City Council under this Agreement, or fails to comply with any City requirement; 3. fails to exercise diligence in commencing or completing construction of Grande's facilities; 4. fails or ceases to furnish cable services in accordance with this Agreement; or 5. attempts to evade any of the provisions of this Agreement or attempts to practice any fraud or deceit upon the City. E. In addition to all other rights of the City under this Agreement or otherwise, the City Council may terminate this Agreement on the basis of a default by Grande if Grande fails to cure the default within 30 days after receipt of written notice from the City Manager of the default, or within a different time period set by the City Manager for good cause in the notice of default. F. In the event the City terminates this Agreement, Grande will have 60 days from the date of receipt of notice of termination to remove all of Grande's facilities from City right-of-way. The City may remove and dispose of, or may assume ownership of and may use, any of Grande's facilities that are not timely removed by Grande. The City may charge any costs for removal and disposal of Grande's C:\TEMP\Grande Franchise final. doc 8