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10-11-2017 Council Packet
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10-11-2017 Council Packet
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20 <br /> <br />SECTION 7. NETWORKING PROVISIONS <br /> <br /> 1. Managed Network. The City and/or Commission has a need for a telecommunications <br />network to connect certain government buildings in the North Suburban Territory for <br />telecommunications services. Comcast or its Affiliate agrees to provide, operate, repair and <br />maintain a managed telecommunications network to City and/or Commission for the Term of the <br />Franchise in accordance with an executed Enterprise Services agreement, attached as Exhibits B, <br />B2, and B3. The Enterprise Services agreement shall set forth the locations, service, monthly <br />fees for service and all other material terms and conditions relative to Comcast’s or its Affiliate’s <br />provision of services to the City. Where an executed Enterprise Services agreement conflicts <br />with any term or condition of this Section, the Enterprise Services agreement shall prevail; with <br />the exception that in the event Grantee enters into a franchise or Enterprise Services agreement <br />or similar agreement in the Twin Cities metropolitan area after the Effective Date of this <br />Franchise that allow a city or group of cities to receive the same or similar services on terms, <br />conditions and/or pricing that are more favorable (taking into account the agreement as a whole), <br />Grantee agrees to make the pricing available immediately and make available the services within <br />a reasonable period of time to the City and/or Commission under the same terms, conditions <br />and/or pricing made available to the city or group of cities. <br /> <br /> 2. Additional Network Services. Comcast agrees to continue to make available to the <br />City network facilities on the terms and conditions identified in Exhibit C. <br /> <br />SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS <br /> <br />1. Administration of Franchise. The City Administrator or other designee shall have <br />continuing regulatory jurisdiction and supervision over the System and the Grantee's operation <br />under the Franchise. The City, or its designee, may issue such reasonable rules and regulations <br />concerning the construction, operation and maintenance of the System as are consistent with the <br />provisions of the Franchise and law. <br /> <br />2. Delegated Authority. The City may appoint a citizen advisory body or a Joint <br />Powers Commission, or may delegate to any other body or Person authority to administer the <br />Franchise and to monitor the performance of the Grantee pursuant to the Franchise. Grantee <br />shall cooperate with any such delegatee of City. <br /> <br />3. Franchise Fee. <br /> <br />a. During the term of the Franchise, Grantee shall pay quarterly to City or its <br />delegatee a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross <br />Revenues, or such other amounts as are subsequently permitted by federal statute. <br /> <br />b. Any payments due under this provision shall be payable quarterly. The <br />payment shall be made within thirty (30) days of the end of each of Grantee's fiscal <br />quarters together with a report showing the basis for the computation. <br />
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