HomeMy WebLinkAboutO-2005-001Comcast Franchise Agree finalORDINANCE NO: 2005-001
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE CABLE TELEVISION FRANCHISE AGREEMENT
BETWEEN THE CITY AND COMCAST OF FLORIDA, A SUBSIDIARY
OF COMCAST CABLE COMMUNICATIONS, LLC, AND COMCAST OF
FLORIDAIILLINOIS/MICHIGAN, INC., A SUBSIDIARY OF COMCAST
CABLE COMMUNICATIONS, LLC, COLLECTIVELY DOING
BUSINESS LOCALLY AS COMCAST; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Broward County Ordinance No. 77-21, effective May 10, 1977,
as amended by Ordinance No. 79-5, effective March 5, 1979; Ordinance No. 83-60, effective
September 1, 1983; Ordinance No. 85-7, effective March 5, 1985; Ordinance No. 85-68,
effective December 2, 1985; and Ordinance No. 88-08, effective February 22, 1988 (collectively,
.the "Franchise"), the Broward County Board of Commissioners, Florida, granted a cable
television franchise to Cable TV Fund 14-A/B Venture, doing business as Jones Intercable,
Inc. ("Jones"), for certain service areas lying with the unincorporated areas of Broward County;
and
WHEREAS, said Franchise was granted with a termination date of March 31, 2002,
pursuant to Broward County Ordinance No. 88-08; and
WHEREAS, pursuant to Resolution No. 1998-113, adopted on March 3, 1998, the
County approved a transfer and assignment of the Franchise from Jones to Comcast Cablevision
of Broward County, Inc.; and
WHEREAS, pursuant to Resolution No. 2000-1233, adopted on October 24, 2000, the
County approved the transfer of the Franchise from Comcast Cablevision of Broward County,
Inc., to Community Cable Television ("Community"), a Wyoming General Partnership, and a
wholly owned subsidiary of AT&T Corp., doing business locally as AT&T Broadband; and
WHEREAS, on September 15, 2001, the City of Dania Beach ("City") annexed into the
City a portion of the service area from unincorporated Broward County; and
WHEREAS, on February 26, 2002 the City Commission of the City of Dania Beach
approved an Assignment Agreement among Broward County, City of Dania Beach, and
Community, whereby the County transferred and assigned to the City its entire rightsand
obligations under the Community Franchise for the annexed service area, pursuant to Ordinance
No. 2002-005; and
WHEREAS, on February 26, 2002, the City Commission extended the Community
Franchise granted by Broward County Ordinance No. 88-08, which expired on March 31, 2002,
to September 30, 2002, pursuant to Ordinance No. 2002-005; and
0-1
WHEREAS, MediaOne of Eastern Michigan, Inc. ("MediaOne") was the successor to a
cable franchise granted to Florida Gold Coast Cable TV, Inc., by the City for a ten (10) year
term on May 7, 1973, pursuant to Ordinance No. 25, and further amended by Ordinance No. 19,
adopted on August 23, 1983, for an additional ten (10) year period, and then on December 12,
1989, extended the cable franchise to May 7, 2008, pursuant to Ordinance No. 59-89, subject to
the terms of conditions set forth in Ordinance No. 25, and the cable franchise was subsequently
transferred to Jones pursuant to Resolution No. 01-88, and then transferred to Comcast in 1998,
and then to AT&T Corp. in 2000; and
WHEREAS, on June 25, 2002, the City adopted Ordinance No. 2002-3 1, approving the
Change of Control Agreement amongst Community, MediaOne and the City, and approved the
change of control of the Franchise held by Community from its ultimate parent company, AT&T
Corp., to Comcast Cable Communications, LLC, who changed the names of the franchisees from
MediaOne to Comcast of Florida, and Community to Comcast of Florida/Illinois/Michigan, Inc.;
and
WHEREAS, on August 13, 2002, the City adopted Ordinance No. 2002-35 ("Cable
Ordinance"), providing for the issuance and regulation of cable franchises for, and the
installation, construction and operation of Cable Systems within the City; and
WHEREAS, on September 24, 2002, the City adopted Ordinance No. 2202-041,
extending the former Community Franchise until March 31, 2003, to continue cable franchise
renewal negotiations; and
WHEREAS, the Cable Ordinance, Section 22-10 1, provides for renewal of the Franchise
to be conducted in a manner consistent with §626 of the Cable Act, 47 U.S.C. §546; and
WHEREAS, Comcast has requested to renew its cable franchise to be able to maintain
and to operate a cable system in the City; and
WHEREAS, pursuant to Federal Law and the Cable Ordinance, the City initiated
ascertainment proceedings to review Comcast's past performance and to determine the
community's future cable -related needs and interests; and
WHEREAS, the City Commission has considered the proposed Cable Franchise
Agreement, attached hereto as Exhibit "A," and finds that the proposed Cable Franchise
Agreement satisfies the future cable -related community needs and interests; and
WHEREAS, based upon the representations of Comcast, and the recommendation of the
City staff, the City Commission has determined that it would be in the public interest to approve
the Cable Franchise Agreement between the City and Comcast of Florida and Comcast of
Florida/Illinois/Michigan Inc., attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA THAT:
2 ORDINANCE #2005-001
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
Section 2. The Cable Franchise Agreement between the City of Dania Beach, Comcast
of Florida and Comcast of Florida/Illinois/Michigan, Inc., attached hereto as Exhibit "A" is hereby
approved.
Section 3. The appropriate City officials are hereby authorized to execute the Cable
Franchise Agreement, attached hereto as Exhibit A.
Section 4. Comcast shall submit
Agreement under the terms contained herein,
Ordinance by the City.
its written consent to the Cable Franchise
within thirty (30) days of the adopting of this
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance are repealed.
Section 6. If any clause, section, or part of this Ordinance shall be held by any Court
of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part
shall be considered as eliminated and in no way affecting the validity of the other provisions of
this Ordinance.
0 Section 7. This Ordinance shall be in full force and take effect immediately upon its
passage and adoption by the City Commission of the City of Dania Beach, Florida.
PASSED AND ADOPTED on first reading on December 14, 2004.
PASSED AND ADOPTED on second reading on January 11, 2005.
ATTEST:
LOUISE STILSON
CITY CLERK
APPROVED AS TO FORM
AND CORRECTNESS:
N
THOMNS J)ANkdo
CITY ATTORNEY
elo��
C. K * MCELWA
MAYOR -COMMISSIONER
ROLL CALL:
COMMISSIONER ANTON- YES
COMMISSIONER CHUNN-YES
COMMISSIONER FLURY- YES
VICE -MAYOR MIKES- YES
MAYOR MCELYEA- YES
F:\566026\Ordinances\Ord Approving Corricast Fran Agt 12-1-04
3 ORDINANCE #2005-001
CABLE FRANCHISE AGREEMENT
Between
CITY OF DANIA BEACH, FLORIDA
And
COMCAST OF FLORIDA
And
CONICAST OF FLORIDA/ILLINOIS/MICHIGAN, INC.
THIS FRANCHISE AGREEMENT, effective this I I TW day of JA&) UAJZ'i , 2005,
is by and between Dania Beach, Florida a Florida municipal corporation existing under the
laws of the State of Florida ("City") and Comcast of Florida, a Wyoming General Partnership
and a wholly owned subsidiary of Comcast Cable Communications, LLC, and Conicast of
Florida/Illinois/Michigan, Inc., a Delaware Corporation and a wholly owned subsidiary of
Corricast Cable Communications, LLC, collectively doing business locally as Comcast
("Comcast").
0 WITNESSETH:
NOW, THEREFORE, in consideration of the City' s grant to Comcast of a
nonexclusive franchise to own, construct, install, maintain and operate a Cable System within
the City, and to use and occupy the streets of the City for that purpose, and in consideration of
Comcast's promise to provide cable service to residents of the City pursuant to the Ordinance
and under the terms and conditions set forth herein, and in consideration of the promises and
undertakings herein,
THE PARTIES AGREE AS FOLLOWS:
Section 1. Definitions.
Except as otherwise provided herein, the definitions in Ordinance No. 2002-35 Of the
City shall govern this Franchise Agreement. In addition, the following definitions shall apply:
A. Franchisee or Comcast shall mean Comcast of Florida, a Wyoming General
Partnership and a wholly owned subsidiary of Comcast Cable Communications, LLC, and
Comeast of Florida/Illinois/Michigan, Inc., a Delaware Corporation and a wholly owned
subsidiary of Comcast Cable Coramunications, LLC, collectively doing business locally as
Comcast, and their lawful and permitted successors, assigns and transferees pursuant to this
Agreement and the Ordinance.
B. Franchise Area shall mean the area within the legal boundaries of the City as of
the date that the Ordinance approving this Franchise becomes effective, and such other areas as
may hereinafter be annexed or incorporated by the City during the term of the Franchise.
i C. Gross Revenues means, to the extent allowed by applicable law, all revenues
recognized in accordance with Generally Accepted Accounting Procedures (GAA-P) generated
directly or Indirectly by the Franchisee and, any Affiliates, subsidiaries or parent of the
Franchisee from any source whatsoever arising, from, attributable to, or in any way derived from
the operation of the Cable System to provide Cable Services within the City. Gross Revenues
shall mean any and all gross revenue actually received from the provision of Cable Service
over the Cable System within the Franchise Area determined. Gross Revenues shall include
monthly basic, premium and pay -per -view service fees, installation fees, and converter rental
fees, but shall not include bad debt nor any taxes imposed and/or assessed by law on
Customers that the Franchisee collects and pays in full to the applicable authority.
D. Ordinance shall mean Ordinance No. 2002-35 of the City as amended, codified
at Chapter 22 of the City Code.
Section 2. Grant of Franchise.
A. Subject to the terms of this Franchise Agreement and the Ordinance, the City
hereby grants Franchisee a Franchise for the right and privilege to own, construct, install,
maintain and operate a Cable System within the Franchise Area. If not inconsistent with
applicable state and federal law, Franchisee shall obtain authorization from the City for the
privilege of providing other services including, but not limited to, telephone service.
B. The terms and conditions contained in the City of Dania Beach Ordinance No.
2002-031 approving the Change of Control Agreement ("Change of Control Agreement"),
between the City, Community Cable Television and MediaOne of Eastern Michigan, Inc.,
formerly doing business locally as AT&T Broadband, are incorporated herein.
C. A Franchise shall not require a Subscriber, property owner, or property
manager to enter into an exclusive contract as a condition of obtaining or continuing Cable
Service. Notwithstanding this Section, a Franchisee may enter into an exclusive contract with
a Subscriber, property owner, or property manager, provided such contract is mutually desired
and not prohibited under applicable Law.
D. Within thirty (30) days of the date of the Ordinance approving this Franchise
Franchisee shall provide the City with written acceptance of all the terms and conditions Of this'
Franchise Agreement. Any other franchise agreements existing currently between Franchisee
and City, including specifically the franchise granted to Florida Gold Coast Cable T. V. , Inc.
(which was eventually transferred to Comcast of Florida) pursuant to Broward C-Cunty
Ordinance No. 77-21 and was subsequently assigned to the City and accepted by the City
pursuant to City Ordinance 2002-005, and including specifically the franchise granted to
Dania Beach Franchise Clean 1-11-05
2
Florida Gold Coast Cable T.V., Inc. (which was eventually transferred to Coracast of
Florida/Illinois/Michigan, Inc.) pursuant to City Ordinance No. 25, shall terminate upon the
I
effective date of this Franchise Agreement.
Section 3. Term of Franchise.
The Franchise shall commence upon the date that the Ordinance approving this
Franchise becomes effective, provided the Franchisee has given the City the written acceptance
required hereof. This Franchise shall expire twelve (12) years from the date this Franchise
becomes effective, unless otherwise shortened, or otherwise sooner terminated in accordance
with the terms of this Franchise Agreement, or as may be otherwise negotiated by the parties.
This Franchise Agreement is subject to all other requirements and conditions set forth in this
Franchise Agreement and in the Ordinance of the City for a grant of a franchise to become
effective.
Section 4. Franchise Subiect to Communications Act, State Law and Ordinance.
A. This Franchise Agreement is subject to and shall be governed by all lawful
terms, conditions and provisions of federal, state and local laws. To the extent the terms of this
Franchise Agreement conflict with the terms of the Ordinance, the terms of this Franchise
Agreement shall control. Such conflict shall be deemed to be an explicit intent to waive a
requirement of the Ordinance.
B. Franchisee shall at all times be subject to all lawful exercise of the police power
of the City, and this Agreement is not intended to limit or enlarge the City's exercise of such
power in any way.
Section 5. Insurance.
A. Pursuant to Section 22-116 of the Ordinance, throughout the term of this
Franchise Agreement, the Franchisee shall, at its own cost and expense, maintain
Comprehensive General Liability Insurance and provide the City certificates of insurance
designating the City and its officers, boards, commissions, councils, elected officials, agents
and employees as additional insureds and demonstrating that the Franchisee has obtained the
insurance required in this Section. Such policy or policies shall be in the minimum amount of
One Million Dollars ($1,000,000.00) for bodily injury or death to any one person, and Three
Million Dollars ($3,000,000.00) for bodily injury or death of any two or more persons
resulting from one occurrence, and One Million Dollars (1,000,000.00) for property damage
resulting from any one accident. Such policy or policies shall be non -cancelable except upon
thirty (30) days prior written notice to the City. The Franchisee shall provide workers'
compensation coverage in accordance with applicable law. The Franchisee shall indemnif� and
hold harmless the City from any workers compensation claims to which the Franchisee may
become subject during the term of this Franchise Agreement.
Dania Beach Franchise Clean 1- 11-05 3
B. The Franchisee shall provide proof to the City of compliance with this Section
no later than sixty (60) days from the date of the Ordinance approving the Franchise. Should
Franchisee fail to provide the City with proof of insurance within the prescribed time period
Franchisee shall pay to the City Five Hundred Dollars ($500.00) per day as liquidated damages
for each day or part thereof such violation continues.
Section 6. Indemnification of the Citv.
Consistent with Section 22-116 of the Ordinance, Franchisee agrees to defend,
indemnify and hold harmless the City, its officers, employees and agents, from and against any
and all costs, liabilities, losses, expenses and claims for damages of any kind, except to the
extent arising from the gross negligence or intentional misconduct of the City, including but
not limited to loss of life or personal injury and damage to property, arising out of and in
connection with the construction, presence, installation, maintenance, repair or operation by
the Franchisee or its auents, or its conduit, cable system and use of the City's Rights -of -Way,
whether any act or omission complained of is authorized, allowed or prohibited by City or due
to the issuance of a permit, and claims arising out of copyright infringements or a failure by
the Franchisee to secure consents from the owners, authorized distributors, or providers of
programs to be delivered by the cable system, claims arising out of Section 638 of the Cable
Act, 47 U.S.C. §558, and claims against the Franchisee for invasion of the right of privacy,
defamation of any person, or the violation or infringement of any copyright, trademark, trade
name, service mark or patent, or of any other right of any person. However, Franchisee's
is obligation pursuant to this Section 6 shall not extend to claims arising from: 1) the gross
negligence or willful misconduct of the City, or 2) the programming of the Educational and/or
Governmental access channels. The City's right to indemnification shall not be affected by the
issuance of permits and inspection of plans or work by the City. Nothing in this subsection
shall affect the City's rights, privileges and immunities under the doctrine of sovereign
immunity and as set forth in Section 768.28, Florida Statutes. If the City determines that it is
necessary for it to employ separate counsel, the costs for such separate counsel shall be the
responsibility of the City.
Section 7. Construction Bond.
City reserves its right to require a construction bond for significant work in the rights of
I C,
way pursuant to Section 22-81 of the City's Rights -of -Way Ordinance if the costs of the
restoration exceeds the sum of fifty thousand dollars (S50,000.00). Such construction bond shall
be processed pursuant to the provisions in the City's Rights -of -Way Ordinance.
Section 8. Use of Streets.
A. Franchisee agrees at all times to comply with and abide by all lawful federal,
state and local regulations.
B. All of Franchisee's Cable System distribution facilities shall be installecJ and
maintained underground to the extent required by the Ordinance.
Dania Beach Franchise Clean 1- 11-05 4
C. When not underground, Franchisee shall utilize, with the owner's permission,
existing conduits, poles, or other facilities whenever technically and economically feasible.
The Franchisee has the duty and the responsibility to obtain or establish the existence of an
easement or dedication for its use. Copies of agreements for use of conduits or other facilities
shall be filed with the City upon request, pursuant to the Ordinance.
D. Where practicable, the City shall provide notice of any emergency requiring
relocation of Franchisee's facilities. However, if the City is required to perform emergency
street work requiring relocation of Franchisee's facilities in the public rights -of -way, then the
City shall be reimbursed for its reasonable costs in accordance with the Ordinance.
E. Franchisee shall not place facilities, equipment or fixtures where they will
interfere unreasonably with any other companies lawfully using the public rights -of -way
serving the residents of the City. All such facilities, equipment or fixtures placed in any public
street or public rights -of -way shall, to the best of the Franchisee's ability, be placed close to
the line of the lot abutting on the public street, in a manner so as not to interfere with use of
the public street.
Section 9. Minimum Facilities and Services.
A. Notwithstanding Section 22.113(1) of the Ordinance, Franchisee's Cable System
shall, at a minimum, (i) be able to pass frequencies of at least 750 MHz, (ii) provide capacity
equivalent to at least two hundred (200) video channels, and (iii) offer digital, premium and
two-way active services such as ordering pay -per view via a remote control.
B. 1 . The Headend serving the Cable System serves areas of Broward County,
including Pompano Beach and Ft. Lauderdale. As a result, the Franchisee agrees that it shall
deploy new Cable Services on the Cable System that are comparable to the Cable Services that
are then commercially deployed by the Franchisee or its affiliates in a community served by
the same Headend that serves the Cable System. Such Cable Services shall be deployed within
the Cable System within twenty-four (24) months of the City' s written demand, unless
Franchisee reasonably determines that such deployment would not be economically or
technically feasible and notifies the City of that determination within six (6) months of the
City's notice. Nothing herein shall be construed to require a Franchisee to employ any
specific transmission technology, nor require a Franchisee to upgrade its System to implement
a technology or service that can be shown to be economically infeasible to implement given
various factors, including the remaining term of the Franchise.
2. For failure to maintain the System and offer Services as required in
subsections 9A. and/or 9B. above, Franchisee shall pay One Thousand Dollars ($1,000.0c) per
day for each day, or part thereof, the deficiency continues.
Dania Beach Franchise Clean 1-11-05 5
C . Franchisee shall provide reasonable notification to all Subscribers of a Cable
System upgrade or rebuild, should a future upgrade or rebuild occur, as follows:
1. Franchisee agrees to notify all Subscribers of the Cable System upgrade
or rebuild through mailings or door hangers to Subscribers and reasonable notice over the
Cable System.
2. Franchisee shall notify all Subscribers affected by any scheduled service
outage associated with the System upgrade or rebuild by notifying the City and using
reasonable efforts to notify Subscribers.
D. Franchisee agrees to submit to the City a construction plan for any reconstruction
and rebuild of its existing Cable System, including maps, construction schedules, and Street
work and repair plans. The construction plan shall also include a map of the entire City and shall
clearly provide a schedule detailing the time of the availability of the upgraded or rebuilt Cable
System to Subscribers in each and every area of the City served by the Cable System.
Franchisee shall mark as appropriate proprietary confidential business information and City shall
maintain the confidentiality of such information provided in accordance with Section 202.195,
Florida Statutes, as it may be amended. City shall return all proprietary confidential business
information to Franchisee within 60 days after completion of the reconstruction and rebuild of
the Cable System. Franchisee shall submit quarterly updates to the City as to the status of any
upgrades or rebuilds until completed.
E. Community Commitments
1. Cable Service to School Buildings. The Franchisee shall provide free "Basic"
and "Expanded Basic" tier Cable Service, and free installation of one outlet to each public and
private school located in the Franchise Area within 150 feet of the Franchisee's distribution
cable.
2. Non Cable Service to School Buildings. Franchisee shall, upon request, provide
accredited schools (K-12) when technically feasible and available in the Franchise Area from
Franchisee, one standard installation of Comcast High Speed Internet service, one cable
modem, which will be allowed to be networked to no less than four (4) computers, and
courtesy Comcast High Speed Internet Service. Additional cable modems and operational
support and services (for example, assisting schools in setting up and maintaining reliable
Internet connections) will be provided to connected schools upon request and paid by such
schools to Franchisee at no more than the actual and direct costs of Franchisee. In addition,
Franchisee will sponsor local workshops in each region to educate teachers about its on-line
service and to provide connected schools with an opportunity for hands-on training.
3. Service to Governmental and Institutional Facilities. The Franchisee shall
provide free "Basic" and "Expanded Basic" tier Cable Service and free installation of one outlet
to each floor of a non-residential municipal owned or leased building located in the Frar�lcbise
Area within 150 feet of the Franchisee's distribution cable.
Dania Beach Franchise Clean 1- 11-05 6
0
F. Cable Modem Solution
In lieu of an Institutional Network as described in Section 22-113 of the Ordinance,
Franchisee hereby agrees to provide to the City a cable modem solution as set forth in
Attachment A. Any facilities, equipment, services and all other support to be provided by
Franchisee pursuant to this Section shall constitute capital costs which are required by the
Franchise to be incurred by Franchisee for the provision of these cable modem services to or
from governmental institutions and such costs do not currently constitute a portion of the
State's Communications Services Tax, or Franchise Fee within the meaning of the Cable Act
or this Franchise.
G. All video signals received for transmission that contain closed circuit captioning
information for the hearing impaired shall in turn contain such information in the form
received when transmitted by the cable operator to the Subscribers of the Cable System.
H. Franchisee's system shall be capable of transmitting, and shall transmit to
Subscribers, any stereo signals and any other form of advanced television signals received and
carried by the System in the form received.
1. Franchisee shall comply fully with all applicable laws concerning handicapped
or disabled persons, and shall indemnify and hold the City harmless from any suit, claim, or
demand against it for violation of such laws that arises from Franchisee's provision, or failure
to provide, services in conformity with such laws.
J. Failure to comply with the requirements of Section 9(A), including any delay
beyond the dates specified therein, unless due to circumstances beyond the control of
Franchisee and approved in advance by the Commission, will constitute a material breach of
the Franchise Agreement and may, in the City' s discretion, result in imposition of liquidated
damages pursuant to this Franchise Agreement.
Section 10. Access Channels and Facilities.
A. Access Channel Capacity
1. Franchisee shall provide to the City, one (1) Access Channel for the
exclusive use of the City, which the City may elect to use, in whole or in part, for video and
audio services for educational and/or governmental access use. The educational and/or
government access channel shall be carried on Channel 14 and/or 78 on Franchisee's Cable
System, unless Franchisee notifies the City of an alternate channel location within sixty (60)
days written notice. The City shall have the capability of inserting programming, on eittier a
live or taped basis, on the Access Channel from City Hall. Franchisee shall provide 60 days
notice to the City and 30 days written notice to Subscribers for any change to the position of its
Access Channel. Such channel shall be carried on the system's lowest level of basic servic::e.
Dania Beach Franchise Clean 1- 11-05 7
�i
? Franchisee shall provide additional Access Channels, at the rl-quest of
the City, as provided in the progranuning requirements contained in Section 22-115 of the
Ordinance. The City may by resolution adopt rules and regulations concerning use of the
Access Channels and facilities.
B. Capital, Equipment and other Support for Access Channel Programming,
1. City recognizes that Franchisee paid the City Fifty Thousand Dollars
($50,000.00) as part of the Change of Control Agreement, pursuant to Ordinance No. 2002-
031, to allow the City to purchase and install capital equipment in the Commission Chambers
to support cablecasting City Commission meetings over the Cable System.
2. Transition from Managed to Self -Managed Government Access
Pro isee agrees to pay the City an additional amount of Fifty Thousand Dollars
grammin . Franchi
($50,000) within one -hundred -twenty (120) days to allow the City to manage its own Access
channel and Access programming, including the production of its City Council meetings. The
City shall assume management responsibilities of its Access channel within six (6) months of the
effective date of this franchise agreement.
3. Annual Contribution. Commencing one (1) year after the Franchise
Agreement's Effective Date, Franchisee agrees to pay the City an annual amount for access
programming of eighteen cents ($.18) per subscriber per month on a yearly basis for the
maintenance and replacement of the access programming equipment and to purchase such other
equipment and other costs incurred for access programming. The Franchisee will calculate
subscribers on a per unit basis and will not use equivalent subscribers. The number of
subscribers will be determined as of September 30 of each year. Franchisee will provide the
subscriber information to the City by November 15 of each year and make such payment to the
City by December 31 of each year. The first payment shall be made by December 31, 2005.
4. Franchise may pass costs incurred for educational and govern -mental
access requirements through to Subscribers in its standard rates within the Franchise Area, as
allowed by the Cable Act and over the term of the Franchise Agreement.
5. Franchisee agrees that all Access Channels will be provided to
Subscribers on the Cable System as a part of basic service. If such information is supplied to
Franchisee or known by Franchisee, Franchisee will publicize the channel location(s) of the
Access Channel(s) as part of any ordinary channel listings it provides to Subscribers.
6. To the extent allowed by law, Franchisee hereby agrees that the
facilities, equipment, and all other support to be provided by Franchisee pursuant t-0 this
Section constitute capital costs which are required by the Franchise to be incurred for public,
educational, and/or governmental Access facilities within the meaning of Section 622(g) <2)(C)
of the Cable Act, 47 U.S.C. §542(g)(2)(C); that such grant does not constitute a franchise fee
or a tax within the meaning of the Cable Act, state law, the Ordinance, or this Fraiuchise
Dania Beach Franchise Clean 1-11-05 8
Agreement. Such capital cost may not be deducted from the Franchise Fee or the
Communications Service Tax payment to the Florida Department of Revenue pursuant to
Florida Statute § 202.24(2)(C)(8).
Section 11. Emergency Use of Facilities.
Franchisee shall comply with FCC regulations regarding emergency use of the Cable
System and provide standby power generating capacity at the Cable System headend capable of
providing at least two (2) hours of emergency power supply. Pursuant to the upgrade required
herein, standby power supplies, capable of providing at least two (2) hours of emergency
power, shall be installed in the upgraded cable distribution plant.
Section 12. Lock -out Devices.
Franchisee shall make available at no charge, subject to federal law, to any residential
Subscriber, upon the request of such Subscriber, a "parental guidance" or "lock -out" device
which shall permit the subscriber, at his or her option, to eliminate the audio and visual
transmissions from any channel reception to the extent technically feasible.
Section 13. Closed-circuit Cavtionin2 for the Hearing Im *red.
pai
Franchisee shall make available at a reasonable charge to any hearing-irnpaired
residential Subscriber, upon the request of such Subscriber, any equipment beyond the
Subscriber's equipment capable of decoding closed-circuit captioning information for the
hearing impaired.
Section 14. Line Extension Policy.
A. Upon request and payment of all applicable charges, and provided that the
requesting person gives Franchisee access to his or her premises in order to furnish, maintain
and continue to offer service to that person, Franchisee shall, throughout the term of this
Agreement, promptly furnish, maintain, and continue to provide all services distributed over
the System to any person at his or her place of residence or commercial location within the
Franchise Area where Franchisee's plant is the closest activated plant to the requesting
location or is within one -quarter cable mile and there are at minimum requests for service from
five (5) Subscribers or locations within 1320 cable feet (one quarter mile).
B. Where service is requested at a location with a density of less than Eve (5)
Subscribers per 1320 cable -bearing strand feet of trunk or distribution cable, service rriay be
made available on the basis of a capital contribution in aid of construction, including cost of
material, labor and easements. For the purpose of determining the amount of capital
contribution in aid of construction to be borne by the Franchisee and the Subscribers in the
40- area in which service may be expanded, the Franchisee will contribute an amount equal to the
construction and other costs per mile, multiplied by a fraction whose numerator equals the
Dania Beach Franchise Clean 1-11-05 9
actual number of residences per 1320 cable bearing strand feet of its trunks or dlistrIbution
cable and whose denominator equals five (5) residences. Subscribers who request service
hereunder will bear the remainder of the construction and other costs on a pro rata basis.
Section 15. Cable Home Wiring Commitments.
Franchisee will comply with all FCC rules regarding cable home wiring, as arneride-d-
from time to time.
Section 16. Compensation for Use of Public Rights of Wa .
Pursuant to the Ordinance, in consideration of the privilege granted herein to use and
occupy the Public Rights -of -Way to own, construct, install, maintain and operate its Cable
System, Franchisee shall make payments in compliance with Section 22-100 of the Ordinance.
Section 17. Securitv Fund or Performance Bond.
Consistent with Section 22-117 of the Ordinance, the Franchisee shall post witti the
City a security fund in the form of either cash or a letter of credit or a performance bond in the
amount of One Hundred Thousand Dollars ($100,000) within thirty (30) days of the Effective
Date of this Franchise Agreement. The security fund or performance bond will be used to
ensure the Franchisee' s faithful performance of and compliance with all provisions of this
Franchise Agreement, and other applicable Law, and the payment by the Franchisee of any
claims, liens, fees, fines or taxes due the City. Neither the posting of any form of security
fund or performance bond with the City, nor the receipt of any damages recovered by the City
thereunder, shall be construed to excuse faithful performance by the Franchisee or lirnit the
liability of the Franchisee under the terms of its Franchise for damages, either to the full
amount of the fund or otherwise.
Section 18. Right to Inspect Records.
A. Throughout the term of this Franchise Agreement, the Franchisee agrees that the
City, upon reasonable prior written notice to the Franchisee, may review such of the
Franchisee's books and records regarding the operation of the Cable System and the provision
of Cable Service in the Franchise Area which are reasonably necessary to monitor
Franchisee's compliance with the provisions of this Franchise Agreement at the Franchisee' s
business office, during normal business hours and without unreasonably interfering with
Franchisee's business operations. Such books and records shall include, without limitation,
any records required to be kept in a public file by the Franchisee pursuant to the rulos and
regulations of the FCC. All such documents pertaining to financial matters that may be the
subject of an audit by the City shall be retained by the Franchisee for a minimum period of
three (3) years.
Dania Beach Franchise Clean 1-11-05 10
B File for Public Inspection. Throughout the term of this Franchise Agreement,
I
the Franchisee shall maintain at its business office, in a file available for public inspection
during normal business hours, those documents required pursuant to the FCC's rules and
regulations.
C. Proprietary Information. Notwithstanding anything to the contrary set forth in
this Section, the Franchisee shall not be required to disclose information which it reasonably
deems to be proprietary or confidential in nature. Consistent with applicable law, the City
agrees to treat any proprietary and confidential information disclosed by the Franchisee as
confidential and only to disclose it to employees, representatives, and agents of the City that
have a need to know, or in order to enforce this Franchise Agreement and who agree to
maintain the confidentiality of all such information. The Franchisee shall not be required to
provide Customer information in violation of Section 631 of the Cable Act. For purposes of
this Section the terms " proprietary or confidential" include, but are not limited to, information
relating to the Cable System design, Customer lists, marketing plans, financial information
unrelated to the calculation of Communications Service Taxes, franchise fees or rates pursuant
to FCC rules, or other information that is reasonably determined by the Franchisee to be
competitively sensitive..
Section 19. Consumer Protection Reguirements.
A. Franchisee agrees to comply with each of the consumer protection standards set
forth in the Ordinance, and as such requirements may be lawfully amended.
B. For any fine imposed by the City upon Franchisee for a violation of the
consumer protection standards as set forth in the Ordinance, such violation is not necessarily
measured per customer, per day.
C . In satisfaction of the requirements of Section 22-125(B) of the Ordinance,
Franchisee shall notify the City immediately if a Service Interruption is major, i.e. affects 200 or
more Subscribers for a time period greater than three (3) hours. The City may establish
procedures for such notification after normal business hours. The parties agree that in case of
any major service interruption that occurs after normal business hours, Franchisee shall notify
the Dania Beach Office of the Broward Sheriff's Office and inform it of the location -of the
service interruption.
D. In satisfaction of the requirements of Section 22-126(A) of the Ordinance,
Franchisee shall cause all its field employees to wear a picture identification badge indicating
that they work for the Franchisee. This badge shall be clearly visible to the public. Francfilsee's
C)
field contract workers shall wear a picture badge, or in the alternative, carry photo identification
(such as a driver's license). Upon request, employees must provide a supervisor's narne and
telephone number for members of the public to contact.
Dania Beach Franchise Clean 1- 11-05 11
E. In satisfaction of the requirements of Section 22-127(A) of the Ordinance,
Franchisee shall develop written procedures for the investigation and resolution of all Subscriber
or City resident Complaints, including, but not limited to, those regarding the quality of Service
and equipment malfunction. A Subscriber or City resident who has not been satisfied by
following the Franchisee's procedures may file a written Complaint with the City, which will
investi-ate the matter and, in consultation with the Franchisee as appropriate, attempt to resolve
the matter. The City shall consider a Franchisee's good faith or lack thereof in attempting to
resolve Subscriber and resident Complaints in a fair and equitable manner in connection with the
Franchisee's renewal Application. The Franchisee shall maintain a complete list of all
Complaints not resolved within seven (7) days of receipt and the measures taken to resolve them.
This list shall be compiled in a form to be approved by the City. It shall be compiled on a
monthly basis. The list for each calendar month shall be supplied to the City upon the City's
request no later than the 15th day of the next month. The Franchisee shall also maintain a list of
all Complaints received for a period of 24 months, which list will be available to the City upon
the City's request.
F. In satisfaction of the requirements of Section 22-128(G) of the Ordinance, the
account of any Subscriber shall be credited a prorated share of the monthly charge for the service
upon Subscriber request if a Subscriber is without service or if service is substantially impaired
for a period exceeding four (4) hours during any twenty- four-hour peniod under normal operating
conditions (which shall exclude periods where customers are noticed where practicable and notice
the City Manager, or his designee, during a rebuild or upgrade of the Cable System as set forth
0 It)
herein) and except where the loss of service and/or substantial impairment of service is caused by
the Subscriber, Subscriber -owned equipment, or in -home wiring.
G. Pursuant to and in satisfaction of the requirements of Section 22-136(A) of the
Ordinance, should the number of complaints received by the City from Subscribers regarding,
Franchisee's service exceed one percent (1%) of the total number of Subscribers served in the
City in any calendar quarter, then Franchisee shall provide an affirmative customer service plan
to the City to address customer service issues within ninety (90) days.
H. In satisfaction of the requirements of Section 22-138(A) of the Ordinance, the
City Manager or his or her designee (when used herein "City Manager" shall mean the City
Manager or his or her designee) shall have the responsibility for the administration of the
consumer protection standards contained in the Ordinance. Such responsibility shall include the
resolution of all Complaints against a Franchisee regarding the quality of Service, billing
matters, equipment malfunctions, and all other customer matters. The City Manager's authority
includes the authority to order fines. The City Manager may settle or compromise any
controversy arising from operations of the Franchisee, either on behalf of the City, the
Franchisee, or any Subscriber, in accordance with the best interests of the public.
1. In satisfaction of the requirements of Section 22-139 of the Ordinance, nothing,
I
herein shall prevent the City from taking action to protect the health, safety or welfare -cf the
public or to prevent eminent danger of damage to property. Enforcement of the consumer
protection standards contained in the Ordinance shall be governed by the followinzg:
Dania Beach Franchise Clean 1-11-05 12
I . In addition to the powers delegated in Section 22- 1 3 )8(l3)-(D) 0 f the
Ordinance, the City Manager shall have the authority to assess fines against a Franchisee for any
violation of the Ordinance or this Franchise, which fines will be paid to the City.
2. Fines. In assessing fines against a Franchisee, the City Manager shall be
governed by the amount set forth in each Section of the Consumer Protection Standards
contained in the Ordinance. Fines are to be assessed on a per violation basis with each day of a
continuina violation constitutinar a separate violation, or each occurrence of a violation
ID
constituting a separate violation, whichever is appropriate given the nature of the violation. For
any fine imposed by the City upon Franchisee for a violation of the consumer protection
standards as set forth in the Ordinance, such violation is not necessarily measured per customer,
per day. The fines shall accrue on the first business day after the thirty (30) day cure period has
terminated. Where a specific consumer protection provision does not contain a specific arnount
of a maximum fine, the City Manager may assess a fine up to $250 per violation.
Z)
3. In addition to any fines available to the City, where the number of accurate
complaints received by the City regarding, a violation of the consumer protection standards set
forth in this Subsection (1) herein in any single month exceeds three percent of the total nurnber of
Franchisee's cable Subscribers, under non-nal operating conditions (except for restoring, service
directly related to a noticed rebuild or upgrade of the Cable System), Franchisee shall be presumed
to be operating the Cable System below that level contemplated by this Franchise, and the City
shall impose and the Franchisee shall pay to the City liquidated damaores in the total amount of
ID
One Thousand Dollars ($1,000.00), consistent with the process set forth in Section 24 (B)-(F)
below. Where the number of complaints, with respect to alleged violations to provisions in the
Ordinance and the Franchise, received by the City exceeds three percent of Franchisee's cable
Subschibers during a second and third consecutive month, Franchisee shall be subject to liquidated
damages in the total amount of Five Thousand Dollars (S5,000.00) per month for the second and
third months. Where the number of Subscniber complaints received by the City exceeds three
percent of the total amount of Franchisee's cable Subscribers for any four consecutive months
during any twelve month period, Franchisee shall be subject to liquidated damages in the total
amount of Ten Thousand Dollars ($10,000-00) for the fourth month and each Successive month
and shall be considered in material breach of the Franchise.
4. Notice and Opportunity to Cure. Prior to assessing a fine, the City
Manager shall provide the Franchisee with notice of the City's intention to assess a fine, which
notice shall contain a description of the alleged violation. Following receipt of such notice, the
Franchisee shall cure or commence to Cure such violation. Final cure of a violation shall toll the
accrual of assessed fines. Where a specific consumer protection provision does not contain a
specific amount of time for a Franchisee to cure a violation or provide a satisfactory plan to cure
the violation, the Franchisee shall have thirty (30) calendar days from the date of receipt of the
written notice to file a written response with the City Manager. The City and the Franchisee shall
make good faith reasonable efforts to resolve the dispute in question. A management level
employee of the Franchisee shall sign the Franchisee's written response and all statements
contained therein will be regarded as material representations to the City.
Dania Beach Franchise Clean 1-11-05 13
5. Prior to assessing a fine, the City Manager shall consider any Justification
I - but not 1'rn'ted to
or mitioratin- factor advanced in the Franchisee's written response includ'n I I
rebates or credits to the Subscriber or the Franchisee's good faith efforts to cure the violation.
The City Manager may, after consideration of the response of the Franchisee, waive orreduce
any proposed fine. In the case of a violation of this Article or any Franchise, the City Manager
may not assess any fine if the Franchisee has reasonably resolved the Complaint, cured the
violation or provided a satisfactory plan to cure the violation within a reasonable time frane not
to exceed ten (10) days. Such time period may be extended for Good cause shown.
1.�
6. Subsequent to the notice of proposed fine to Franchisee and consideration
of the Franchisee's response, if any, the City Manager may issue an assessment of fine. The fine
I
shall be paid within thirty (30) days of written notice to the Franchisee. The City may enforce
payment of the fine in any court having junisdiction or by drawing down any security fund
submitted by the Franchisee.
Section 20. Transfer of Franchise.
A. Franchisee shall not, without the City' s consent: (i) transfer or assign the rights
and/or obligations held by Franchisee under this Franchise Agreement to another person,
group of persons or business entity; or (ii) transfer ownership, control, or other interest in
Franchisee or its Cable System from one person or group of persons to another person or
group of persons so that control of this Franchise is transferred. Pursuant to the Ordinance,
Franchisee may transact a "pro forma" transfer without the City's prior consent, A transfer
shall be considered "pro forma" when it involves a transfer to a person, group of persons
wholly owned by Franchisee or the same legal entity with controlling interest in the
Franchisee, and will not result in a change in the control or ownership of the Franchisee.
B. Franchisee may file an application to transfer its Franchise or to transfer control
of Franchisee in full compliance with Section 22-102 of the Ordinance.
Section 21. Procedures for Requesting Approval of Transfer.
In addition to the requirements set forth in Section 22-102 of the Ordinance, the
following procedures shall be followed by Franchisee in requesting the City's consent to
transfer its Franchise or to transfer control of Franchisee.
A. At least one hundred twenty (120) calendar days prior to the contemplated
effective date of a transfer, Franchisee shall submit to the City an application for appro-val of
the transfer. The City may for good cause reduce such time period. Such applicatioa shall
include the following:
1. A statement of the reason for the contemplated transfer.
2. The name, address and telephone number of the proposed transferec.
Dania Beach Franchise Clean 1- 11-05 14
-1. A detailed statement of the corporate or other business entity
organization of the proposed transferee, including but not limited to the following:
(a) The names, business addresses, state of residence and country of
citizenship of all general partners and/or corporate officers and directors of the proposed
transferee.
(b) The names, business addresses, state of residence and country of
citizenship of all persons and entities having, controlling, or being entitled to have orcontrol
ten percent (10%) or more of the ownership of the proposed transferee and the respective
ownership share of each such person or entity.
(c) The names and addresses of any subsidiary of the proposed
transferee and of any other business entity owning or controlling in whole or in part or owned
or controlled in whole or in part by the proposed transferee.
(d) A financial statement of the proposed transferee, prepared by a
certified public accountant if audited statements were made, and if not, by a duly authorized
financial officer of the proposed transferee, for the three (3) fiscal years inunediately preceding
the date of the request for transfer approval, and a letter or other acceptable evidence in
writing from a duly authorized officer of the proposed transferee setting forth a clear and
accurate description of the amount and sources of funding for the proposal transaction and its
sufficiency to provide whatever capital shall be required by the proposed transferee to
construct, install, rebuild, maintain and operate the proposed System in the City. If the
corporate or business entity organization of the proposed transferee has not been in existence
for a full three (3) years, the proposed transferee shall submit a certified financial statement for
the period of its existence.
(e) A description of all previous experience of the proposed
transferee in operating Cable Systems and providing Cable Services or related or similar
services, including a statement identifying, by place and date, any other cable television
franchise(s) awarded to the proposed transferee, its parent, subsidiaries, or affiliates; the status
of said franchise(s) with respect to completion thereof; the total estimated cost of completion of
such System(s); and a summary of the amount of the proposed transferee's and its parent' s or
subsidiary's resources committed to the completion thereof.
(0 Upon request from the City, Grantee shall provide Grantor with
the Form 10-K filed by its ultimate parent, Comcast Corporation, with the Securities and
Exchange Commission for the preceding fiscal year. Grantee shall also provide the City \vith a
monthly report of revenues within its respective franchise area, as filed with the Florida
Department of Revenue.
(g) If applicable, a detailed map indicating all new areas outsicle the
franchise area but within the City limits proposed to be served, a proposed time schedule for
Dania Beach Franchise Clean 1-11-05 15
the installation of all equipment necessary to become operational throughout the new areas to
be served, and the projected total cost for new construction of the System.
(h) A statement or schedule setting forth all proposed classifications
of rates and charges to be made against Subscribers and all rates and charges and to each of
any said classifications, including installation charges, service charges, special, extraordinary,
or other charges.
4. A statement of acceptance signed by a duly authorized officer of the
proposed transferee of all of the terms and conditions of the Ordinance and this Franchise.
Section 22. Renewal of Franchise.
Renewal of this Franchise shall be governed by the applicable provisions of the
Ordinance as it may be amended and by the Cable Act.
Section 23. Rates.
A. Nothing in the Ordinance or this Franchise Agreement shall prohibit the City
from regulating rates for cable services, installation, disconnection, and equipment rental and
sales to the full extent permitted by state and federal law.
B. Subject to applicable law, Franchisee further agrees that it shall not adjust rates
or charges for Cable Service, installation, disconnection, or equipment rental without at least
thirty (30) days prior written notice to Subscribers and the City.
Section 24. Enforcement Remedies.
A. Liquidated Damages. Because it may be difficult to calculate the harm to the
City in the event of a breach of this Franchise Agreement by Franchisee, the parties agree to
liquidated damages as a reasonable estimation of the actual damages. The City shall not pursue
other remedies, which would result in a double recovery for the same violation. Nothing in this
Section is intended to preclude the City from exercising any other right or remedy with respect to
a breach that continues past the time the City stops assessing liquidated damages for such breach.
For any fine imposed by the City upon Franchisee for a violation of this Franchise, such
violation is not necessarily measured per customer, per day. The City and Franchisee agree to
the following schedule of liquidated damages:
1. Unless otherwise specified in this Franchise Agreement, for failLire to
comply with any material provision of this Franchise Agreement, Franchisee shall pay Two
Hundred Fifty Dollars ($250.00) per day for each day, or part thereof, that such
non-compliance continues.
Dania Beach Franchise Clean 1-11-05 16
B. Prior to assessing any liquidated dama(Yes. the City shall mail to the Franchisee a
written notice by certified or registered mail of the alleged violation and the proposed liquidated
damage, specifying the violation at issue. The Franchisee shall have thirty (30) days from the
date of receipt of the written notice to Cure or commence to Cure, as is appropriate depending on
the nature of the alleaed violation, or to file a written response refuting the alleged violation or
explaining why additional time for cure is necessary. In the case of breaches of requirements
Z
measured on a monthly, quarterly or longer period (such as customer service standards),
n
Franchisee's cure period shall be no less than one such period.
C. The City may not assess any liquidated damage if the Franchisee has reasonably
addressed the complaint or cured or commenced to cure, as may be appropriate, the violation
within a reasonable time frame not to exceed thirty (30) days following receipt of written notice
from the City, unless some other cure period is approved by the City. In the event Franchisee
falls to cure or commence to cure, or falls to refute the alleged breach, the City may assess
liquidated damages and shall inform Franchisee in writing of the assessment. Franchisee shall
have thirty (30) days to pay the damages.
1_�
D. The first day for which liquidated damages may be assessed, if there has been no
cure after the end of the applicable cure period, shall be the day after the end of the applicable
cure period, including any extension of the cure period granted by the City.
E. Franchisee may appeal (by pursuing judicial relief or other relief afforded by the
I
City) any assessment of liquidated damages within thirty (30) days of receiving written notice of
the assessment. Franchisee's obligation to pay the liquidated damages assessed shall be stayed
pending resolution of the appeal.
F. Except as otherwise provided in this Agreement, in no event may liquidated
damages be assessed for a time period exceeding one hundred twenty (120) days. If after that
amount of time Franchisee has not cured or commenced to cure the alleged breach to the
satisfaction of the City, the City may pursue all other remedies.
Section 25. Notice and Administration of Franchise.
1. Notice to the Franchisee shall be deemed effective upon receipt. Notice to the
City shall be effective upon receipt by the City Manager or his/her designee. Except as otherwise
specified herein, all notices, consents, approvals, requests and other communications (herein
collectively referred to as Notices") required under this Agreement shall be effective only when
given in writing and mailed by registered or certified first-class mail, return receipt requested.
Any other correspondence may be sent via US Mail or facsimile. All correspondences shall be
sent to the following:
If to the City:
Ivan Pato
City Manager
City of Dania Beach
With a Copy to:
Gary 1. Resnick
Weiss Serota Helfffian Paston*zn,
Guedes, Cole & Boniske, P.A.
Dania Beach Franchise Clean 1- 11-05 17
100 W. Dania Beach Blvd. 33107 Stirling Road, Suite 300
101 Dania Beach, FL ' )3004 Ft. Lauderdale, FL 333) 12
0
0
If to Franchisee:
Rick Seamon
Area VP and General Manager,
0
Comcast Cable - Broward County System 141
NW 16" St
Pompano Beach, FL 33060
With a Copy to:
Klayton Fennell
Regional Vice President
Gov't and Community Affairs
Comcast Cable - South Florida Region
2501 SW 145 Avenue
Suite 200
Miramar, FL 33027
with copies to:
Alison Jenkin
Division Vice President,
Gov't & Pub. Affairs
Comcast Cable
360 Interstate North
Atlanta, GA 30339
and
Pkwy, Suite 600
Legal Department
Comcast
1500 Market Street
Philadelphia, PA 19102
2. Except as to the matters expressly reserved to the City Commission with respect
to the granting of this Franchise, transfer of this Franchise, renewal of the Franchise, or
revocation of this Franchise, pursuant to the Ordinance, the City Manager, or his or her designee,
shall have the responsibility for the administration of this Franchise on behalf of the City.
Section 26. Force Ma*eure.
Performance by either party of obligations under this Agreement shall be excused by
reason of Force Majeure as defined in the Ordinance.
Section 27. Waiver of Compliance.
No failure by either party to insist upon the strict performance of any covenant,
agreement, term or condition of this Agreement, or to exercise any right, term or remedy
consequent upon a breach thereof shall constitute a waiver of any such breach or such covenant,
agreement, term or condition. No waiver of any breach shall affect or alter this Agreemerit, but
ID
each and every covenant, agreement, term or condition of this Agreement shall continue in full
force and effect with respect to any other existing or subsequent breach hereof
Dania Beach Franchise Clean 1-11-05 18
Section 28. Execution in Counterpar .
This Franchise Agreement maybe executed in counterpart.
I -
Section 29. Savings.
All rates, fees, charges and financial obligations previously accrued by the Franchisee
pursuant to any prior or current agreements, resolutions, Ordinances or applicable law shall
continue and remain due and owing until paid.
Section 30. Severabilitv.
If any part, section, subsection, or other portion of this Franchise Agreement or any
application thereof to any person or circumstance is declared void, unconstitutional or invalid
for any reason, such part, section, subsection, or other portion, or the prescribed application
thereof, shall be severable, and the remaining provisions of this Franchise Agreement, and all
applications thereof not having been declared void, unconstitutional or invalid, shall remain in
full force and effect. The City declares that no invalid or prescribed provision or application
was an inducement to the enactment of this Franchise Agreement, and that it would have
enacted this Franchise Agreement regardless of the invalid or prescribed provision or
application.
0 Section 31. Applicable Law and Venue.
This Franchise Agreement shall be construed in accordance with the law of the State of
Florida and is subject to applicable local, state and federal law. Any action arising out of this
Agreement shall be brought in applicable court in Broward County or the U.S. District Court
in the Southern District of Florida. I
IN WITNESS OF THE FOREGOING, the parties have set their hands and se
day and year first written above.
CITY OF DANIA BEACH, FLORID
ATTEST:
By:
C.K. McElyea,
. ' 4
The /-*�- day of
ielll� ��y 200
if ,
Louise Stilson, City Clerk
the
Dania Beach Franchise Clean 1- 11-05 19
0
Approved as to form:
Tom Ansbro, Cit! Atf6rney
y
-M( j
The day of 2005.
Witnesses:
By:
Iva,4-P�ay
City Manager
Z:,
( I -C
The/.-�!��dlay of "I"C'
Agreed to and accepted by Franchisee:
Comcast of Florida and Comcas
Florida/Illinois/Michigan, Inc. (colled
known locally as,,Comcast)
L of
ively
By: W, 6j&)lf 9
Pre-
�J 51i�
The 2
-Lb day of
As to "Franchisee"
Dania Beach Franchise Clean 1-11-05
'Fill
0
ATTACHtMENT A — CABLE iMODEM SOLUTION IN LIEU OF I -NET
In lieu of an Institutional Network as described in Section 22-113 of the Ordinance, Franchisee
agrees to provide each of the Municipal Buildings listed below with Comcast Conimercial
g1duc �,ul-viLC; t�, �,L;L IUILLI Uclk)W.
P.J. Meli Park
2901 SW 52 nd Street
Dania Beach, FL 3 ).3 ).3 ) 12
AND
Dania Beach Fire Station 93
2471 Stirling Road
Dania Beach, FL 33004
AND
Dania Beach Water Plant
1201 Stirling Road
Dania Beach, FL 33004
00C
C.W. Thomas Park
800 NW 2" Street
Dania Beach, FL 33004
AND
I.T. Parker Center
901 NE 3 Street
Dania Beach, FL 33004
"91C
Dania Beach Human Resources Building
4 S Federal Hway
Dania Beach, FL 33004
AND
803 Substation
803 NW I" Street
Dania Beach, FL 33004
AND
Upon Written Request, Coincast shall supply service
within 60 days to
Frost Park
300 NE 2" Street
Dania Beach, FL 33004
Comcast Standard Workplace Service (standard
installation)
9 From the Effective Date of this acreement
until 12/31/04:
• Up to 3 Mbps download
• Up to 384 Kbps upload
0 Beginning l/l/2005:
C,
• Up to 4 Mbps download
• Up to 384 Kbps upload
0 1 dynamic IP address per connection
0 24/7 Business Class Support
0 7 Comcast.net e-mail addresses
a Domain Name Hosting
* IP Gateway included
Further, Franchisee shall, upon written request, provide each of the five City Comn-lission
members (including Vice -Mayor and Mayor) and the City Manager, or the City Manager's
designee, who reside within the Franchise area and who are located within 125 feet of
Dania Beach Franchise Clean 1-11-05 21
0
Comeast's distribution cable, and when technically feasible and available in the Franchise
Area from Franchisee, one standard installation of Corricast Standard Teleworker connection,
and Standard Teleworker service, which provides per connection:
0 Up to 3 Mbps download;
0 Up to 256 Kbps upload;
0 7 Comcast.net email addresses;
0 24/7 Business Class Support; and
0 access to VPN into the City's network or directly access the Internet, at the City' s
discretion
The point of demarcation for Comcast Services and support in this Attachment will be the
connection to the Internet and support of any Comcast owned and installed integrated
modem/routers, any devices or software beyond this demarcation point is the responsibility of
the City.
Use of Comcast Workplace is subject to the Comcast Workplace General Terins and
Conditions and the High -Speed Internet for Business Acceptable Use Policy. Use of Corncast
Teleworker is subject to the Comcast Teleworker Master Services Agreement and the High -
Speed Internet for Business Acceptable Use Policy.
Any facilities, equipment, services and all other support to be provided by Company pursuant
to this Attachment A shall constitute capital costs which are required by the Franchise to be
incurred by Franchisee for the provision of these cable modem services to or from
governmental institutions and such costs do not currently constitute a portion of the State's
Communications Services Tax, or Franchise Fee within the meaning of the Communications
Act, the Cable Act or this Franchise.
Dania Beach Franchise Clean 1-11-05 22
Ccomcast
0
November 1, 2004
Mr. Ivan Pato
City Manager
100 West Dania Beach Blvd.
Dania Beach, FL 33004
Dear Mr. Pato:
Rick Seamon
Vice President and General Manager
Comcast Cable — Broward County Cable
Systems
141 Northwest 16th Street
Pompano Beach. Florida 33060
Comcast of Florida, a Wyoming general partnership, and Comcast of
Florida/Illinois/Michigan, Inc., a Delaware corporation (collectively hereinafter
"Corricast") and the City of Dania Beach ("City") have reached the terms and conditions
of a Franchise Renewal Agreement (hereinafter the "Agreement") regarding the provision
of cable television and other broadband services over the ten-n of the Agreement. In
addition to the terms and conditions set forth therein, the parties have agreed to the
following:
Capital Grant: Comcast agrees that within thirty (30) days of the execution and final
adoption of the Agreement between the City and Comcast, Comcast will pay to the City a
one-time grant in an amount equal to Twenty Two Thousand ($22,000.00) Dollars in
recognition of the City's special needs at the current time and its sponsorship of a key
community event as described herein. Comcast further agrees that it will not pass -through
Twenty Two Thousand ($22,000.00) Dollars of this grant to subscribers nor shall this
Twenty Two Thousand ($22,000.00) Dollars be subject to or credited against any fees or
taxes due pursuant to federal or State law.
Presenting Sponsor of Key Community Event: The City agrees that in exchange for
this grant and for additional in -kind support consisting of promotion on Comcast's local
community programming channel, Comeast shall be for the term of the Franchise
Agreement a presenting sponsor of an annual key City sponsored/hosted community
event that: 1) reflects Comcast's commitment to the Community; 2) is in -keeping with
Comcast's community outreach goals; 3 )) provides Comeast with an opportunity to be
commonly associated with a key community event of wide popularity; and 3) provides
Comcast an opportunity to market its services to a broad community audience, e.g. the
Dania Beach Fishing Tournament, Monthly Cruise Night, the Tomato Festival, Dania
Beach 4 th of July Celebration — a major event hosted by the City.
0
Dania Beach
Page 2 of 2
The above terms and conditions may only be amended in writing, signed by proper and
authorized representatives of the City and Comcast.
This Letter may be executed in counterparts.
COMCAST OF FLORIDA
COMCAST ZOFFLORIDA/ LLINOIS/MICHIGAN, INC.
Afel
ow Dom StoOM By: CL Sce-r"Or')
My CommMio, D0236762
Ni V EXOM Novembw 21, 2007
Date:
0 Agreed and Accepted:
AttestQ/)
Approved as to form
CVAUdrney
E
CITY OF DANIA
By:
Date:
0
NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES:
NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach,
Florida, on January 11, 2005, at 7:00 p.m. or as soon thereafter as the matter may be
heard, will conduct a public hearing in the City Commission Chambers of the Dania
Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the
proposed adoption of the following Ordinances entitled:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY
AND COMCAST OF FLORIDA, A SUBSIDIARY OF COMCAST CABLE
COMMUNICATIONS, LLC, AND COMCAST OF FLORIDA/ILLINOIS/MICHIGAN,
INC., A SUBSIDIARY OF COMCAST CABLE COMMUNICATIONS, LLC,
COLLECTIVELY DOING BUSINESS LOCALLY AS COMCAST; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING AN
ELECTION ON THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO
BE HELD ON TUESDAY, MARCH 8, 2005; PROVIDING FOR SUBMISSION TO
THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF A SERIES OF
PROPOSED CHARTER AMENDMENTS WHICH RESULTED FROM REVIEW
BY THE CITY COMMISSION OF THE RECOMMENDATIONS OF THE CITY'S
CHARTER REVIEW BOARD; PROVIDING FOR REQUISITE BALLOT
LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING; PROVIDING
FOR NOTICE,- PROVIDING FOR RELATED MATTERS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall,
100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the
public during normal working hours.
Interested parties may appear at the aforesaid meeting and be heard with respect to the
proposed. Any person who decides to appeal any decision made by the City
Commission with respect to any matter considered at this hearing will need a record of
the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
In accordance with the American with Disabilities Act, persons needing assistance to
participate in any of the proceedings should contact Louise Stilson, City Clerk, 100 West
Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours
prior to the meeting.
Run in Sun Sentinel: December 31, 2004
/s/ Louise Stilson
City Clerk
CABLE FRANCHISE AGREEMENT - THE CITY OF DANIA BEACH & COMCAST
This Ordinance approves the proposed Cable Franchise Agreement between the City of Dania
Beach, Comcast of Florida and Comcast of Florida/Iffinois/Michigan, Inc., both subsidiaries of
Comcast Cable Communications, for cable services City-wide.
Comcast is currently operating under two separate cable franchises in the City.
> One cable franchise was granted by Broward County for the area that was recently annexed
into the City, which expired March 31, 2003, &
> The second cable franchise was granted by the City, which expires May 7, 2008, but
terminates upon the effective date of this Franchise Agreement.
a The primary terms are as follows:
V The length of the Franchise is 12 years from its effective date.
Comcast's cable system shall be upgraded to 750 MHz to provide at least 200 video channels,
& offer digital, premium, & two-way active services such as pay -per view via remote control.
V Comcast will provide free "basic" and "expanded basic" tier cable services and high-speed
Internet access to government buildings and schools.
Comeast shall provide one Access Channel for the exclusive use of the City for educational
and/or government access programming. The City shall have capability of inserting
0 programming, on either a live or taped basis, on the Access Channel from City Hall.
Comcast shall pay the City $50,000 within 120 days of the Agreement's execution date to
allow the City to manage its own Access Channel and access programming. The City shall
assume management responsibilities of its Access Channel within 6 months of the effective
date of the Agreement. Commencing one year after this Agreement's effective date, Comcast
shall pay the City an annual amount for access programming of (18 cents) per subscriber
per month on a yearly basis for the maintenance and replacement costs incurred for access
programming. There are presently 5,750 Subscribers in the City so Comcast shall pay
approximately $150,000 over the term of the Franchise to the City.
V Comeast will construct a link for Internet transmission between City buildings and facilities
at no cost to the C ity.
v/ Comeast must comply with the customer service provisions in the Cable Ordinance.
V Comcast shall provide a construction bond and maintain a security fund with the City to
guarantee performance, and shall maintain insurance and provide indemnification to the
City consistent with the Cable Ordinance.
V The City's Manager's office will enforce and administer the Agreement.
F:566.026/Memos/Comcast Franchise 12-1-04