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HomeMy WebLinkAboutCC Resolution 7279 (Marin Master Agr.)RESOLUTION NO. 7279 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with VIACOM CABLEVISION (Marin Plaster Agreement/C'ommi_jrj.j.ty ANtenna Television Agreement) a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a Regular meeting of the City Council of said City held on Mondav the 20th day of TAnnary 19 86 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None J Iv1. LEONCINI� City Clerk ORIGINA1. �z17q I / 1 7/ _v MARIN MASTER AGREEMENT V Tele-Vue Systems, Inc. This Agreement is made between the City of San Rafael and le -lie, doing business as Viacom Cablevision (hereinafter referred to as Viacom). The effective date of this Agreement is the date upon which this Agreement has been executed by a designated representative of the City of San Rafael and by a designated representative of Viacom. Section 1. Definitions — When used in this Agreement, unless the context otherwise requires, the following terms and their derivatives shall have the meanings given below: A. "Cable" refers to any means of distribution of Viacom's services utilizing coaxial cables, wires, fiber optics and/or similar hard line technologies. B. "Cable Service" means (a) transmission to subscribers of (1) video programming, or (2) other programming service, and (b) subscriber interaction, if any, which is required for the selection of such video programming or other programing service. C. "Cable System" means a system of antenna coaxial cables or other electrical conductors and equipment used, or to be used, primarily to receive television or radio signals directly or indirectly off—the—air and transmit them together with locally originated programs to subscribers. D. "City" is the City of San Rafael, in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form. E. "Community Programming Channel" means any channel where any resident or non—profit organization that is located in the City may be a Programmer for non—commercial purposes, without charge, on a first—come, first—served, nc;n aiscriminatory basis, in accordance with the terms of this Agreement. -1-- F. 'Council/Board° means the governing body of the City. G. "Gross Annual Receipts" means any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by Viacom from subscribers or users in payment for television or FM radio signals or service, received within the City, excluding (1) installation and line extension charges; (2) refundable deposits; (3) revenues subject to taxation under Part 22 of Division 2 of the California Revenue and Taxation Code (relative to intrastate telecommunications services); and (4) taxes collected by Viacom from subscribers or other persons on behalf of any local, state or federal taxing authority. H. "Right -of -Way" or "Street" means the surface of and the space above and below any public Street, way, road, highway, freeway, bridge, tunnel, lane, path, bike path, alley, court, sidewalk, parkway, drive, communications or utility or other easement, and any easement dedicated to uses compatible with the operation of a Cable System, by whatever name called, now or hereinafter existing as such within the Franchise Territory. Provided, however, that nothing herein shall require the City to assist Viacom in obtaining any right to use, or place its Cable System in or on, any property of Right of Way not owned by the City. I. "School" means any non-profit, accredited, public educational institution including primary and secondary Schools, colleges and universities. J. the Marin County CATV Joint Powers Authority means a group consisting of one member of each of the Councils of the Cities and Towns of Marin County that have granted cable television franchises to Viacom and one member of the Marin County Board of Supervisors. Section 2. Grant of Riqht of Franchise - Viacom is granted a non-exclusive franchise to construct, operate and maintain a Cable System for -2- video and other electronic signal distribution throughout the franchise territory. Section 3. Franchise Term - The franchise term shall commence on the effective date of this Agreement and continue for a total of fifteen years. Provided, however, that if by reason of final decision not subject to review or reconsideration by a California Court of Appeal or the Plinth Circuit Court of Appeals or by any court with competent jurisdiction over a proceeding to which Viacom is a party, or statutory change, the City receives authorization to regulate any rates and/or charges, technical and/or performance standards to a significantly greater degree than permitted under current law, Marin County CATV Joint Powers Authority may require renegotiation of these issues. If the parties are unable to successfully renegotiate these issues within six (6) months following a written request, therefore, by Marin County CATV Joint Powers Authority, the term of this Agreement shall be reduced by four months for each year remaining in the initial fifteen year term. Section 4. Uniform CATV Ordinance - City agrees to cooperate with Viacom and the Marin County CATV Joint Powers Authority in an attempt to obtain adoption of a uniform CATV Ordinance by each member of the Marin County CATV Joint Powers Authority. Section 5. Franchise Territory - The franchise territory is the area of the City represented on the map attached to this document as "Exhibit A." Section 6. License Payments - Viacom shall pay during the term of this franchise, a sum equal to five percent (5%) of its Gross Annual Receipts to be -3- paid quarterly. Said fee shall be distributed to the City based on the amount of receipts from subscribers in the City. The full amount of said franchise fee may be passed through to subscribers and may appear as a separate line item on subscriber bills. Section 7. Police Powers — In accepting the franchise Viacom acknowledges that its rights are subject to the police powers of the City to adopt and enforce general ordinances necessary to the safety and welfare of the public, and Viacom agrees to comply with all current or subsequently enacted applicable general laws and ordinances. Section 8. Insurance and Indemnification — (a) Liability Insurance: Viacom shall, concurrently with the signing of this Agreement, furnish to the City and file with the City Clerk, and at all times during the term of the franchise maintain in full force and effect, at its own cost and expense, insurance coverage as specified in subsection (b), and in a form satisfactory to the City Counsel, indemnifying and saving harmless the City, its officers and employees from and against any and all claims, including ones involving inverse condemnation, demands, actions, suits, and proceedings by others, against all liability to others, including but not limited to, any liability for damages by reason of or arising out of any failure by Viacom to secure consents from the owners, authorized distributors or licensees of programs to be delivered by Viacom's CATV system and against any loss, cost, expense and damage resulting therefrom, including reasonable attorney's fees, arising out of the exercise or enjoyment of its franchise irrespective of the amount of the comprehensive liability insurance policy required hereunder. This insurance provision may be satisfied by proper endorsement to the comprehensive liability insurance policy required by subsection (b). In the event Viacom is unable to secure such insurance, the City may, in lieu —4— thereof, accept an appropriate agreement of indemnification. (b) Comprehensive Liability Insurance: Viacom shall, concurrently with the signing of this Agreement, furnish to the City and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the City, its officers, boards, commissions, agents and employees, in a form satisfactory to the City Counsel, protecting the City and all persons against liability, for loss or damage, including bodily injury, property damage, personal injury, contractual liability, business automobile coverage, including owned and non -owned vehicles, products and completed operations liability, broad form property damage and deletion of any limitations with regard to XCU (explosion, collapse and underground) and hazards and workers' compensation coverage for Viacom's employees, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at the time before the City approved plans for the installation of license property, occasioned by the operations of Viacom under such license with minimum liability limits of one million dollars ($1,000,000) combined single limits. (c) Additional Insured, Cancellation: The policies or certificates of insurance representing such policies mentioned in the foregoing paragraph shall name the City, its officers, boards, commissions, agents and employees, as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of the policy shall be delivered to the City thirty (30) days in advance of the effective date thereof; if such insurance is provided by a policy which also covers Viacom or any other entity or person other than those above named, then such policy shall contain the standard cross -liability or endorsement The promise and agreement in this section is not conditioned or dependent on whether or not the City has approved any plan(s) or specification(s) in connection with this franchise, or -5- his insurance or other indemnification covering any of these matters. (d) Indemnification: By accepting a franchise, Viacom agrees to save and hold harmless as set forth in this section the City, its officers, boards, commissions, agents and employees from any and all claims, costs, demands, causes of actions, suits, loss, expenses, or other detriment or liability arising from or out of the operations of Viacom from any cause whatsoever including inverse condemnation and in addition to and not in lieu of the surety bond and liability insurance. (e) Surety Bond: Concurrently with execution of this Agreement, Viacom shall file with the City, and at all times thereafter maintain in full force and effect for the term of the franchise or any renewal thereof, at Viacom's sole expense, a corporate surety bond, in a company and in a form approved by the City Counsel, in an amount not less than $50,000 dollars, conditioned upon the faithful performance of this Agreement by Viacom, and upon further condition that in the event Viacom shall fail to comply with any provision of this Agreement, there shall be recoverable jointly and severally from the principle and surety of such bond any damages or loss suffered by the City as a result thereof, including the full amount of any compensation, indemnification, or cast or removal or abandonment of any property of Viacom, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond; said condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until Viacom ted_ liquidated all of its obligations to the City that may have arisen from the execution of this Agreement or from its exercise of any privilege granted by the franchise. Said bond shall provide that sixty days prior written notice of intention not to renew, cancellation, or material change, be given to the City. Neither the provisions hereof, nor of any bond accepted hereunder, nor any damages recovered thereunder, shall be construed to excuse faithful performance by Viacom or limit the liability of Viacom under its 19M franchise, either to the full amount of the bond or otherwise. Section 9. Rights of Individuals, - Viacom shall not deny service, deny access, or otherwise discriminate against subscribers, Community Programming Channel users, or residents on the basis of race, color, religion, sex, age or national origin. Section 10. Community Programming - Upon the enactment of this Agreement, and under the direction of the Marin County Joint Powers Authority, Viacom shall provide and maintain one Community Programming Channel free of charge for use by residents for local programming on a non-discriminatory, first-come, first-served basis. Viacom shall designate, provide free of charge and maintain a second Community Programming Channel upon the unanimous approval of the JPA, if the first channel has carried community programming during eighty percent of the days Tuesday through Friday and fifty percent on Saturday during any consecutive thirteen hour period (9 a.m. to 10 p.m.) for nine consecutive weeks. In providing Community Programming Channel capacity, it is understood by all parties to this Agreement that said capacity will be available for the following providers of programming: 1. Programming produced by Marin County residents, public organizations and educational/governmental institutions; 2. Prcgramming produced jointly by Viacom and Marin County residents or public, educational and governmental organizations; 3. Programming produced by Viacom; 4. Pre -produced programming supplied by Marin County residents, local organizations and/or Viacom. During any such time that Viacom and JPA may jointly be involved in providing community programming, they agree to cooperate in the development and formation of an oversight committee. Said committee shall consist of seven (7) members. Five (5) members shall be appointed by the JPA from its membership, and two (2) members shall be appointed by Viacom. Terms of appointment shall be determined by the appointing powers. It is understood that the intended functions of such oversight committee would include the following: 1. To establish reasonable guidelines and rules for the use of the Community Programming Channel. 2. To act as trustee for the Community Programming Channel on behalf of the Cities/Towns/County. 3. To develop reasonable standards for a productive relationship between local community video operations and Viacom Cablevision. 4. To hear and decide any appeals regarding public access production and programming or other concerns which may be filed by any party. Any appeal shall be in writing, including a statement of: a) exact grievance, and b) date of same. 5. To foster interaction between the Cities/Towns/County in the development of reasonable standards which are intended to insure quality public access community programming. 6. To keep lines of communication between Viacom and the community open so as to provide mutual confidence and knowledge of each other's intentions and desires in a consistent, ongoing and timely manner. 7. io annually review studio hours for adequacy. It is understood that the role of an oversight committee will be the subject of continuing discussion with the objective being that of creating a long term relationship based upon mutually available factual information, mutual participation in determining community needs, and 'the delivery of services to fill those needs. At a time prescribed by the oversight committee, Viacom agrees to compile statistics for the following areas for committee review: Quarterly: 1. The average number of community programming users per week; 2. The average number of hours of original community programming produced per week. AnnualIv: 3. The degree of satisfaction found among viewers of community programming; 4. The amount of viewership of community programming. Throughout the term of this franchise, Viacom shall provide the following state-of-the-art capital equipment in order to permit top quality and levels of performance in public access and community programming: 1. An origination site within its Marin County facilities, or other location which is mutually acceptable to the JPA and Viacom that may be used by access users as a programming origination site. 2. One fully equipped mobile unit (van) to be used for community programming access and training. 3. A fully equipped local studio with lighting, cameras, and microphones to originate and/or produce local programming. Said studio may be located ;n Viacom's Marin County facility or at another location owned or leased by Viacom acceptable to the JPA. Such approval shall not be unreasonably withheld. 4. Sufficient equipment necessary to provide top quality state-of-the-art production and origination of community access programming. 5. Viacom will provide an ongoing annual equipment replacement program and fund, based upon the normal life of operation of such equipment. Said replacement program shall include the following: a. All necessary community access origination and production equipment. -9- b. A fully equipped mobile unit (van) and related equipment. C. In the absence of access rights to Viacom's studio facility, a fully equipped studio as herein defined. Said Capital Improvement Replacement Program shall include adequate funding to continue the timely replacement of the above items. Said funding is intended to insure the JPA's continued ability to provide public access and community programming with all necessary state-of-the-art equipment and facilities. Section 11. Other Laws and Pole Agreements - Any franchise granted is subject to all provisions, regulations and conditions prescribed by any law heretofore and hereafter enacted or established during the term of any franchise granted. Nothing contained herein shall excuse Viacom from securing any permit required by the City. Viacom may install or erect any poles, Cables, conduits or other facilities or apparatus in, or over, or beneath the public Rights -of -clay in the City at such locations and in such a manner as shall facilitate construction and operation of the Cable System, subject to the prior written approval of the City which shall not be unreasonably withheld. Any such license granted shall not relieve Viacom of an obligation involved in obtaining pole space from any department of the City, utility company, or from others maintaining poles in the streets. The use of any Right -of -Way or Street by Viacom shall be subordinate to the paramount purpose for which such Right -of -Way or Street was established or dedicated, and shall oe further subordinate to previously established rights to the use of such Right -of -Way and Street. Section 12. Locations, Construction, Underqroundinq (a) Any poles, wires, Cable lines, conduits or other properties of Viacom to be installed in the Rights -of -Way shall be installed only at such locations and in such manner as shall be approved in advance and in writing by the local Director of Public Works and shall conform to all applicable laws. —10-• Such approval shall not be unreasonably withheld. (b) Viacom shall not install or erect any facilities or apparatus in or on other public property, places or Rights -of -Way, or within any privately owned area within the City which has not yet become a public Street, but is designated or delineated as a proposed public Street on any tentative subdivision map approved by the City, except those installed or erected upon existing or future public utility facilities, without obtaining the prior written approval of the local Director of Public Works, whose approval shall not be unreasonably withheld, and that of the owner of the property involved to the extent required by law. (c) In those areas and portions of the City where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing eclectric service are underground or hereafter may be placed underground, Viacom immediately upon written request by -the local Director of Public Works, shall construct or reconstruct, operate, relocate and maintain all of its transmission and distribution facilities underground, except that for new structures, the builder, developer, or subscriber•, will, at no cost to Viacom, provide trenches for underground distribution and service laterals; conduit, vaults and pedestals, and the necessary installation of conduit, vaults and pedestals. For the purposes of this subsection, "underground" includes a partial underground system, e.g., streamlining. Amplifiers in Viacom's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the local Director of Public Works. The City shall not in any manner be responsible for any costs incurred by Viacom placing its property underground. (d) No poles of any type shall be installed or constructed in connection with said facilities without the prior written consent of City governing Councils and Boards. -11- Provided the builder or developer has fulfilled its contractual commitments to Viacom, Viacom shall make Cable Service available to any new residential unit or units with;ln ninety (90) days from the date of occupancy. Section 13. Eine Extensions - Upon written request from any resident desiring Cable service, Viacom shall extend its Cable System to any residential unit that is located on a portion of any Street with a density of fifty (50) or more separate residential units per linear mile, as measured from the closest contiguous Cable distribution point; provided that such residential unit is unable to receive at least three (3) San Francisco broadcast television stations. In cases where such residential units are able to receive at least three (3) San Francisco broadcast television stations, Viacom shall provide an amount equaling $750.00 per subscribing residential unit toward the cost of extending Cable Service. Viacom's contribution shall increase annually as follows: -Year one through year five, 100% of the San Francisco Bay Area Consumer Price Index Builders Code, -Year six through year ten, two thirds (2/3) of the San Francisco Bay Area Consumer Price Index Builders Code, -Year eleven through year fifteen shall equal the amount contributed at the close of year ten. In addition, Viacom will, in a timely manner, negotiate all assessments required for the extension of its Cable distribution plant, with each C'tv/lows or County. Once the assessment is determined, Viacom will pay $750.00, to increase annually in proportion with the San Francisco Bay Area Consumer Price Index Builders Code, per subscribing household toward the cost of extending its distribution system to said household or households. The remaining costs of extending the distribution plant shall be levied only on the residents of that City. Charges for line extensions to the property lines are exclusive of standard installation charges which will be added to the property line. Upon written request from any Resident desiring Cable Service, Viacom shall extend its Cable System to any residential unit (within the service area) that is located on a portion of any Street with a density of less than fifty (50) separate residential units per linear mile, as measured from the closest contiguous Cable distribution point; provided that such residential unit is unable to receive at least three (3) San Francisco broadcast television stations, and provided further that the cost of Viacom's time and materials shall be shared equally among all Residents requesting service in the extension area, except that Viacom will absorb the first Seven -Hundred and Fifty Dollars ($750.00) incurred for the extension of the Cable System to each Resident requesting Cable Service. Viacom's contribution shall increase annually as follows: -Year one through year five, 100% of the San Francisco Bay Area Consumer Price Index Builders Code, -Year six through year fifteen, two thirds (2/3) of the San Francisco Bay Area Consumer Price Index Builders Code. Section 14. Temporary Removal of Cable for Relocation of Buildings - Viacom, upon seventy-two (72) hours advance written notice from any person holding a building permit issued by the City, shall temporarily remove, raise or lower its Cable to permit the moving of buildings. The expense of the temporary removal, raising and lowering of Cable, shall be paid by the person requesting the same. Viacom shall have the authority to require payment in advance. Section 15. Changes Required by Public Improvements or Emerqencies - Viacom shall, upon 48 hours advance notice, at its expense, protect, support, temporarily disconnect, relocate in the same Street or other public place, or remove from the Street or other public place, any of its property when required by the local Director of Public !~forks by reason of traffic _13- conditions, public safety, Street vacation, freeway and Street construction, change or establishment of Street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies or other parties having a prior or paramount legal right to 'the use of such Street or public place; provided, however, that Viacom may abandon any of its property in place with the prior written consent of the local Director of Public Works; such consent shall not be unreasonably withheld. Section 16. System Maintenance - Viacom shall conduct annual tests pursuant to standards promulgated by the FCC in 47 CFR Sections 76.601 and 76.609. City shall be notified prior to all testing procedures. Additionally, the results of such tests, upon request, shall be given to the local Director of Public Works. Test points shall be designated at key locations in the Cable System. Key locations that shall be monitored include the ends of the longest trunk lines. At these specified locations, levels shall be recorded, filed and compared with the optimal level. If there are any discrepancies in signal strength or other electrical parameters, correction shall follow immediately thereafter. The routine maintenance of the Cable System plant shall be primarily based upon the use of spectrum analyzers and simultaneous sweep equipment. Each trunk cascade will be swept from head end to termination. Test points shall be located at the termination points of trunk cascades and these shall be monitored. lest points shall also be located at. the last line extender -f distribution legs of each major trunk cascade. A test of signal strength, signal-to-noise ratios, and visual inspections shall be made by technicians; repair of the Cable System shall be made at this time if necessary. Technicians shall be available on a 24-hour standby basis to respond to Cable System emergencies and outages. Section 17. System Upgrade — Immediately following the effective date of this Agreement, Viacom shall begin upgrading its Cable System to provide thirty—five (35) video channels. The upgrade of the Cable System to a capacity of 35 channels shall be completed within twelve (12) months of the effective date of this Agreement. Upon completion of the system and activation of new basic services, Viacom's basic rate structure shall be modified in accordance with "Exhibit B," attached. In adaition to programming chosen by Viacom, City requests that Viacom provide programming from the generic categories listed below: —Educational—Ethinic —Cultural —Local —Sports —Variety —News Section 16. Transfer and Assiqnment — Viacom shall not sell, transfer, lease, dispose of, or assign its franchise or rights thereunder, including any beneficial interest or right to operate thereunder, by voluntary sale, merger, consolidation, or otherwise, without the prior written consent of the governing body of the City pursuant to such conditions as may therein be prescribed, and then only by a duly executed instrument, filed with the City. The consent will not be unreasonably withheld. The provisions of this section shall inure to and be binding upon any assignee who must agree in writing to comply with all of the provisions of the agreement. '•ection 19. Financial Statement and Inspection - Viacom shall file with the City, within ninety days after the expiration of any fiscal year or portion thereof during which franchise is in force, a financial statement prepared by an independent certified public accountant showing, in detail, Viacom's Gross Annual Receipts as specified herein, during the preceding fiscal year or portion thereof. It shall be the duty of Viacom to pay to the City within fifteen days after the time for filing such statements, the sum hereinabove prescribed or any unpaid balance thereof covered by such statements. The City shall have the right to inspect Viacom's records from which Gross Annual Receipts are computed. Acceptance of any payment shall not be construed as a release or as in accord with and in satisfaction of any claim the City may have for further or additional sums payable, or for the performance of any other obligation hereunder. Section 20. Inspection of Property and Records - (a) At all reasonable times, Viacom shall permit any duly authorized representative of the City to examine all property of Viacom, together with any appurtenant property of Viacom situated within or without the City and to examine and transcribe any and all maps and other records kept or rihiintained by Viacom or under its control which deal with the operations, affairs, transactions or property of Viacom with respect to its franchise. If any such maps or records are not kept in the City, or upon reasonable request made available in the City, and if 'the City shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by Viacom. (b) Viacom shall prepare and furnish to the local Director of Public Works at the times and in the form prescribed by this officer such report with respects to its operations, affairs, transactions, or property as may be reasonable, necessary or appropriate to the performance of any of the rights, functions or duties of the City or any of its officers in connection with the f ro-c,)ise. (c) Viacom shall at all times make and keep in the City full and complete plans and records showing the exact location of all Cable System eq!ipnent installed or in use in Streets and other public places in the City. (d) Viacom shall file with the local Director of Public Works, upon his demand, the current map or set of maps drawn to scale, showing the location of all Cable System equipment installed and in place in Viacom's service area and --Y G.- such other information as the local Department of Public Works may specify. (e) When any portion of the Cable System is to be installed on public utility poles and facilities, certified copies of the agreements for such joint use of poles and facilities shall be filed with the local Director of Public Works. Section 21. Performance Standards - Viacom shall adhere to the performance standards shown in attached "Exhibit C." It is understood by all parties to this Agreement that reasonable enforcement procedures (i.e., fines and penalties) related to these standards will be adopted by the oversight committee. Section 22. Subscriber Complaint Resolution Procedures - Viacom shall adhere to the Subscriber Complaint Resolution Procedures as shown in attached "Exhibit D." Section 23. Amendments - Any provision of this Agreement and appendices of this Agreement, excluding all "Exhibits," may be amended or otherwise modified, in whole or in part, but only in writing approved and executed by both the City and Viacom. All "Exhibits" may be amended or otherwise modified, in whole or in part, but only in writing approved and executed by the Marin County CATV Joint Powers Authority and Viacom. Section 24. Rate Requlation - Viacom shall be permitted to charge those rates set forth in "Exhibit B" upon completion of the Cable System upgrade to 35 channels. Such charges shall be effective upon the completion and act4vat' un of the Cable System upgrade to 35 channels and the add! t*on of programming on the 35 channel system. Section 25. Senior Citizen and Handicapped Discount, — A special rate of $2.10 shall be extended through December 29, 1986, to qualified senior citizens and qualified handicapped citizens within sixty (60) days of their qualification for special rate. The submission of the request for the rate shall be made to Viacom and qualification for the rate will be determined by -17- Viacom. Viacom shall notify all present subscribers in the City, of the provisions of the discounted rate for qualified senior citizens and handicapped, at least twice per year, prominently displayed on, or included within, their bills. New subscribers shall be advised of such provisions at the time Cable Service is ordered. A qualified senior citizen must be at least sixty-two (62) years old, a head of a household as defined by the Internal Revenue Service, and qualified to receive Supplemental Security Income or Medi -Cal benefits. A qualified handicapped resident must be a head of a household as defined by the Internal Revenue Service and qualified to receive Social Security Disability Income or Supplemental Security Income. Commencing January 1, 1987, through the term of the franchise, a special rate equaling 25% of the charges of the lowest level of service delivered to all subscribers shall be extended to qualified senior citizens and handicapped residents. Section 26. Basic Service Cable Drops: Public and Educational Facilities - Viacom will provide, without charge, Cable drops to City as specified in Appendix A without charge for installation, maintenance or the monthly fee for the lowest level of service delivered to all subscribers. In the event that City wishes to relocate Cable drops within the same jurisdiction, the cost shall be borne by Viacom. In addition, all public Schools within Viacom's Marin County service area shall, upon request, receive Cable System installation service, and maintenance, without charge, in the amount of one primary outlet per School during the term of this Agreement provided that the building is within 75 feet of Viacom's Cable distribution system. Section 27. Severabilitv - Should any section, paragraph, sentence, clause, or- phrase of this Agreement or its application to any person or circumstances be declared unconstitutional or otherwise invalid for any reason WIM whatsoever, by a court having jurisdiction or by the tvderal Communications Commission, the validity of the remaining portions of this Agreement shall not be affected. Section 28. Force Majeure — Viacom shall not be deemed to be in violation of this Agreement by virtue of any failure to perform any obligation imposed on it by such agreement or ordinance, if such failure is due to circumstances beyond Viacom's reasonable control, including but not limited to, an Act of God. Dated: January 20, 1986 Attest:. a �neM.eonc vii qty Clerk VIACQM CABLEVISI01� 1 By: X� CITY . SAN RAFAEL By Lawrence E. blulryan, Ma t'r The execution of this Agreement by the SAN RA FAEL City was authorized by resolution dated JANUARY 20 CITY COUNCIL Governing Board of the City The effective date is JANUARY 20 , 1986. -19- 9 1986, by the APPENDIX A Number of Existing Cable Drops Jurisdiction Public Facilities Public Schools City of Belvedere 1 Town of Corte Madera 5 10 Town of Fairfax 2 26 City of Larkspur 7 6 City of Mill Valley 7 4 Town of Ross 1 27 Town of San Anselmo 2 13 City of San Rafael 13 129 City of Sausalito 11 8 Town of Tiburon 4 14 Marin County: Kentfield 1 50 Marin City 1 3 San Geronimo 0 13 Civic Center 28 0 —20— *C. :..-Cp EXHIBIT B CABLE TELEVISION RATES A14D CHARGES Primary Service (First Outlet) Installation Aerial - $27.50 Underground - $41.25 Reconnection - $19.95 Monthly Service Rate - $12.50 Qualified Senior Citizen - 25% of lowest level of monthly service Qualified Handicapped - 25% of lowest level of monthly service -22- EXHIBIT C COUNTY -WIDE CABLE TELEVISION PERFORMANCE STANDARDS Cable Problem Area Performance Standard 1. Cable outages within the control of Respond to the problem within 1-1✓2 the Cable company. hours and resolve it within 9 hours. 2. Cable outages outside of the control of the Cable company. a. PG&E outage (e.g., the Cable system has no power) b. An "Act of God" C. Downed utility pole (PG&E and/or Pacific Telephone) 3. No picture on any TV channel. 4. Problem on one or several channels. 5. Cable System upgradirg and rebuilding. 6. Disconnection of a subscriber from the Cable System in error. 7. Hours during the day when repair calls will be accepted by the Cable company. 8. Complaints regarding the manner in which the Cable company responds to telephone inquiries. 9. Errors in billing. 10. Payments for service which are contested by subscribers. ._23- Respond to the problem within 1-1/2 hours and resolve it within 8 hours after PG&E and/or Pacific Telephone have resolved their problems. Schedule a service call and solve the problem by the next day. Schedule a service call and solve the problem within two days. Notification of subscribers at least 24 hours in advance. No service in- terruption between 5 p.m. and 6 a.m. Connect the subscriber to the system by the following day and waive pay- ment of any "reconnect charge." Accept calls 24 hours a day, 7 days a week. Reduce the number of written com- plaints to five per month. Discuss with subscriber on the same day and solve the billing problem within five business days. Credit will be given after research on all requests. No termination of service until 10 days after written notification of such action is taken. 11. Emergency Standby Viacom will take the following measures to reasonably ensure an uninterrupted electric power supply to its Cable System: a) Viacom will provide its headend facility with 100% standby power capab'e of providing forty-eight (48) hours of standby operation. b) Tne AML receive sites will be protected by alpha, propane or similarly powered motor generators. c) Additionally, Viacom will provide battery or similar power along major trunk splits which shall automatically supply up to four hours of power for continuous operation. -zM- EXHIBIT D SUBSCRIBER COMPLAINT RESOLUTION PROCEDURES 1. All complaints must be submitted in writing to: CATV Joint Powers Authority Civic Center, Room 315 San Rafael, CA 94903 2. Upon receipt of a written complaint, a postcard will be sent by the J.F.A. to the complainant acknowledging receipt. 3. the complaint letter will be given a number, recorded in the Subscriber Complaint Logs and sent to the appropriate Cable company for resolution. Each Cable company will be expected to respond to the complaint as specified by the County—wide performance standards. 4. Once a response to the complaint is received from the Cable company, the "Cable Company Response Section" of the Subscriber Complaint Log will be completed based upon the nature of the subscriber's problem and the manner in which it has been resolved. 5. Once a Follow—up Card is returned to the J.P.A. by the complainant, the date of receipt will be recorded in the Log and processed as follows: a. If the problem has been resolved satisfactorily, the Card will be placed in the Subscriber Complaint File together with the complaint and the response from the Cable company. b. If the problem has not been resolved to the subscriber's satisfaction, the Card will be sent to the Cable company for further action. A representative of the Cable company will communicate the action to be taken to J.P.A. staff within 24 hours of receipt of the Follow—up Card. J.F.A. staff will be responsible for revising the Subscriber Complaint Log, if necessary. 6. The information contained in the Subscriber Log will be summarized each month in a "performance report" and provided to the Cable TV Commission. The format of the report as well as any accompanying materials will be approved by the J.P.A. prior to adoption. -•25—