Portland observer., January 15, 1981, Page 13, Image 13

Portland Observer January 16, 1981 Page 13
COMMUNICATIONS SYSTEM FRANCHISE
9.13 Movement of Facilities. If someone is moving a building or other large
object through the streets, the grantee may be required to temporarily
rearrange its facilities to make way for the move, at the mover's expense.
13.2 Cable Tapping Prohibited. Except for maintenance and performance
testing, or the operation of regular two-way communication services, no
monitoring or tapping into the system is permitted.
9.14 Common User. The City may require the grantee to allow another
utility agency to share its poles or conduits under certain circumstances, on
a reasonable cost-sharing basis.
13.3 Privacy and Other Human Rights. Individuals' privacy is to be respec­
ted. No two-way communication devices may be installed or operated in a
subscriber s home without written consent. Without the subscriber's con­
sent the grantee may use the system to collect data only for billing or main­
tenance purposes. The grantee may not sell or release any data it collects,
except to allow the City to enforce the privacy provisions of the franchise.
The City must see that such data is not publicly disclosed.
9.15 Filing of Pole User Agreement. Within 30 days of the effective date of
the franchise, the grantee must file with the City all agreements it has with
the telephone and power companies for using their poles
9.16 Community Cable Corporation. The Community Cable Corporation
(CCC) is acknowledged as the agency responsible for controlling and
regulating community programming on the system. The City Council must
first pass an ordinance authorizing the establishment of the Corporation.
9.17 Cable Communications Regulatory Commission. A Cable Regulatory
Commission is acknowledged as the agency which may exercise cable
regulatory power for the City. The City Council must pass an ordinance
establishing the Commission.
Section 10. OPERATION AND MAINTENANCE
10.1 Open Books and Records. The City has the right to inspect all books
and records of the grantee having to do with the construction and operation
of the cable system.
10.2. Communications with Regulatory Agencies. The grantee must supply
the City with copies of any communications it has with federal, state, or
other regulatory agencies.
10.3 Reports. The grantee must submit quarterly reports to the City, con­
taining an account of all its revenues and expenses, a balance sheet, and
other financial information.
The grantee must also submit an annual report containing: a summary of all
the previous year's activities in the development of the system; complete,
audited financial statements; a record of services rendered to the City and
other users, with the fees charged for service; construction costs; financial
projections for the coming two years, with the assumptions necessary to an
understanding of the projections; a reconciliation between previous projec­
tions and actual results; a summary of complaints and how they were hand­
led; a current list of officers and members of the board of the grantee and
parent corporations; and a list of all limited and general partners, with the
ownership percentage of each indicated, along with a list of any parent cor­
porations.
The City retains the right to specify the form of all.reports, and may order
the annual report presented at a public hearing.
Trade secrets and certain tax information regarding private investors in
Cablesystems are exempted from public disclosure.
10.4 Maintenance and Complaints. The grantee agrees to have an office in
the City, and a 24-hour telephone complaint line. Interruptions of service
will be kept at a minimum. Request for service will receive a response from
trained technicians within 24 hours, at no charge under normal circumstan­
ces. The City may require testing of the system to resolve complaints re­
garding signal quality, and may impose other methods or procedures for the
settling of complaints.
10.5 Safety. In all its operations and construction, the grantee must abide
by electrical and other city codes, and by community accepted standards
of safety, so that no person or property is harmed by the grantee’s activity.
Section 11. GENERAL FINANCIAL AND INSURANCE PROVISIONS
11.1 Security Fund. The grantee will deposit $100,000 in a security fund to
guarantee performance on the franchise. The City may withdraw portions
of the fund to make up for any amounts owed by the grantee, or to remedy
any franchise violation. The grantee must then replenish the fund to that it
remains at $100,000. If the franchise is forfeited, the City receives the entire
fund. Otherwise, it is returned to the grantee when the franchise is ter­
minated. An arbitration procedure is provided for settling any disputes
about the disposition of the fund.
13.4 Permission of Property Owner. The grantee must have the permission
of the owner or tenant of a property before installing any equipment there,
and if the permission is revoked, must remove it cleanly.
13.5 Sale of Subscriber Lists Prohibited. The grantee must not make its
subscriber lists available to anyone. The one exception is that the City
Council may direct that the lists may be used for mailings by the Com­
munity Cable Corporation.
13.7 Further Regulatory Powers Reserved. The City reserves the right to
regulate further in all matters related to privacy and individual rights.
Section 14. termination and renewal
14.2 Receivership. If the franchise is in receivership for 120 days, the City
may revoke the franchise and take over operation of the system, unless the
receiver is meeting all terms of the franchise and an acceptable agreement
is struck between the City and the receiver.
14.3 Expiration. When the franchise expires, the City may renew or extend
the franchise; or invite additional proposals and award a franchise to
another grantee; or terminate the franchise without further action; or take
other action at its own discretion.
14.4 Continuity of Service Mandatory. The grantee agrees to do everything
in its power to give continuous, uninterrupted service to its subscribers
during the life of the franchise. Likewise, if for any reason the system is to
be taken over by someone else, the grantee agrees to cooperate with the
City by operating the system for a temporary period, if necessary, to main­
tain continuity of service.
14.6 Additional Remedies for Franchise Violations If the grantee violates
the franchise, the City may, at its own discretion, impose financial
penalties; reduce the duration of the franchise; require a reduction in the
grantee's rates; require grantee to make payments to its customers; or
require the grantee to correct any violation prior to a rate increase becoming
effective. The City agrees to act reasonably, and to always impose a penalty
if service is lessened or any material provision of the franchise is violated.
Section 15. MISCELLANEOUS PROVISIONS
15.1 Compliance with Laws. Grantee must comply with all applicable
federal and state laws, and all City ordinances, resolutions, rules and
regulations.
15.3 Captions. Captions used in the franchise are strictly for convenience;
they are hot meant to be used for interpreting the document.
Section 12. RIGHTS RESERVED TO THE GRANTOR.
15.13 Force Majeure. If the grantee cannot carry out its obligations under
the franchise because of circumstances out of its control, it will not be in
violation of the franchise. A list of such circumstances (e g., acts of God,
earthquakes, riots, etc.) is provided.
15.14 Grantor to be Reasonable. The City agrees to act reasonably in every
case where its judgement may affect the grantee under this franchise.
Section 16. MANDATORY PURCHASE OR SALE OF SYSTEM
16.1 Purchase of Liberty Communications, Inc. System. After 1990, if the
City Council so directs after a recommendation from the Cable Regulatory
Commission, the grantee must purchase Liberty Communications west
side system, and bring it up to the standards of this franchise within two
16.2 Sale of System to Liberty Communications. After 1990, if the City
Council so directs after a recommendation from the Cable Regulatory
Commission, the grantee must sell its system to Liberty Communications,
Inc., The Council may order the sale only if it is determined that the gran­
tee's rates and services, as a package, are of significantly lesser benefit to
its subscribers than are Liberty's rates and subscriber services to its sub­
scribers. The price will be the fair market value of the system. An arbitration
procedure for determining fair market value is provided in case there are
16.3 Acquisition of Video Electronics, Inc. System. If the grantee is permit­
ted by the City Council to provide service to homes in the Luncheon area
now under franchise to Video Electronic, Inc., the grantee must buy the
Video Electronics system at fair market value before beginning operations
there.
Section 17. REGULATION
The City retains the power and right to regulate in the public interest at all
times, not only as specified in this franchise, but in the more general way
guaranteed by the charter and ordinances of the City, and by the Oregon
law.
Section 18. WRITTEN ACCEPTANCE.
18.1 The grantee must file written acceptance of this franchise ordinance
within 30 days after its passage by the City Council, otherwise it does not
go into effect. The grantee's parent corporations are bound by the
obligations of the franchise once it is accepted, and they guarantee
Cablesystems' performance.
18.2 Within 30 days after this ordiance becomes effective, the grantee will
expand the Board of Cablesystems Investment, In c., to include four
residents of the City of Portland.
14.5 Removal of Plant and Equipment. If the franchise terminates and is
not renewed, or is revoked, or if the City buys the system, the grantee may
be required to cleanly remove all its plants and equipment from the streets
and public ways.
11.3 Damages and Defense. The City is not responsible for any claims or
damages incurred in the award or exercise of the franchise, unless the City
is expressly negligent in some way. The grantee agrees to pay the costs of
defending.the City if the City is sued over something the grantee is respon­
11.5 The grantee must pay the cost of publishing the franchise.
15.12 Notice. For any circumstances requiring notice, registered or cer­
tified mail must be used by both the City and the grantee.
disputes.
14.1 Revocation. The City may revoke the franchise if the grantee violates
any material provision of the franchise; or the grantee's construction
schedule is delayed over 18 months; or the grantee becomes insolvent or
unable or unwilling to pay its debts or is declared bankrupt; or the grantee is
found to have practiced any fraud or deceit upon the grantor; or the grantee
fails to obtain and maintain any permit required by any federal or state
regulatory body. The City must give 30 days written notice of the intended
revocation, and if the grantee makes a good faith effort to remedy the
violation, then the forfeiture of the franchise does not take place.
15.2 Separability. If any part of the franchise turns out to be invalid, or its
enforcement is preempted by State or Federal government, the rest of the
franchise agreement remains in force.
11.4 Liability Insurance and Indemnification. The grantee must be insured
for $100,000 for injury or death to any one person; $300,000 for injury or
death from any one accident; $300,000 for property damage from any one
accident, and $1,000,000 for all other types of liability.
fective.
years.
13.6 Polling by Cable. If there is polling or other two-way response on any
program, it must be made clear on the program what the the results of the
responses are to be used for. No commercial use of such results ¡9 allowed,
and they may not be released for any reason without City Council consent.
11.2 Faithful Performance Bond. As further guarantee of performance, the
grantee will post a bond in the amount of $500,000. The bond may be
reduced to $100,000 upon completion of system construction.
sible for.
will be on file with the City Auditor's office before the franchise becomes ef­
15.4 No Resource Aganist the Grantor The grantee can make no claims
aginst the City because of any term of the franchise, or the enforcement of
the franchise, or because any part of the franchise is held to be invalid.
15.5 Nonenforcement by the Grantor. The grantee's obligation to comply
with the franchise continues even if the City does not actively enforce it.
INVITATION TO BID
ON EQUIPMENT TO BE FURNISHED
CITY OF BEND, OREGON
The City of Bend, Deschutes Couty, OR, hereinafter called the Owner,
through BECON, hereinafter called the Engineer, is inviting separate
Proposals to furnish and deliver the following equipment:
Contract No. 36: Atomic Absorption Spectrophotometer
Sealed Proposals addressed to James W . Kerfoot, Recorder Treasurer of
the City of Bend, Deschutes County, 710 Wall Street, Bend, OR 97701, will
be received at the office of James W . Kerfoot, Recorder-Treasurer of the
City of Bend, 710 Wall Street, Bend, OR 97701, until 10:00 a m., local time,
on the 12th day of February 1981, at which time they will be publicly opened
and read in the City Commission Room at 720 Wall Street, Bend, OR 97701.
The Contract Documents for the Owner's purchase of equipment include
the Bidding Requirements, the Proposal, the Contract forms, the General
Conditions, the Supplementary Conditions, and the Specifications. Copies
of the Contract Documents may be reviewed or obtained at the office of
BECON (Bend Engineering Consultants), South Highway 97, Bend, OR
97701. Upon payment of $10 for each Document. No refunds will be made.
Questions about the content of these Contract Documents should be direc -
ted to Mark Lasswell, BECON, P.O. Box 1174, Bend, OR 97701, (503) 382-
4114.
15.6 Subsequent Action by State or Federal Agencies. If the Federal or
State government require the grantee to act in a way that violates the fran­
chise, the grantee must let the City know; it will be up to the City to decide
whether to modify the franchise or to declare it forfeit on the grounds that
substantial compliance has been frustrated by the Federal or State action.
Each Proposal must be accompanied by a certified check or Bid Bond
executed on the prescribed form, payable to the City of Bend, Deschutes
County, Oregon, in an amount not less than 10 percent of the amount bid.
Prices quoted in the Proposal shall remain firm for a period of 90 days after
12.1 Right to Purchase the System. If the franchise is declared forfeit
because of some franchise violation, or if it comes to its natural termination
at the end of 15 years, then the City may buy the system, paying only the
fair market value of the physical assets, less anything owed by the grantee
at the time of termination.
15.7 Competitive Advantage. The grantee must not use its position as a
cable operator under this franchise to gain a competitive advantage in the
business of selling, leasing, renting, servicing or repairing radio or television
sets or other equipment for receiving standard broadcast signals.
In addition, the City may at any time, strictly at its own discretion, purchase
the system from the grantee, so long as the City pays fair market value of all
the system's assets including going concern value, less any amounts owed
15.8 Prevailing Rate of Wage. The grantee agrees to pay the prevailing rate
of wage for this area, as determined by the Commissioner of the Oregon
Bureau of Labor and Industries.
the date stated for opening of Proposals.
Complete descriptive literature, as required by the Contract Documents,
shall be submitted with the Bidder's Proposal for the Engineer's review and
evaluation.
Prices quoted shall be f.o.b. factory with freight and full insurance paid by
the Bidder to the City of Bend, Wastewater Treatment Plant Site, Bend, OR
97701.
by the grantee.
For either of these types of purchase, detailed conditions are set out, and
an arbitration procedure is provided for settling disputes over the value of
the system.
12.2 Right of Inspection of Records. All records for the franchise will be
kept in the City Auditor's office, open for public inspection.
12.3 Right of Inspection of Construction. The City retains the right to in­
spect the system at any time, and test it for compliance with the franchise.
12.4 Right of Intervention. The City may intervene in any suit in which the
grantee is involved.
Section 13. RIGHTS OF INDIVIDUALS PROTECTED
13.1 Discriminatory Practices Prohibited. The grantee must not
discriminate against anyone on the basis of race, color, religion, age,
national origin, sex, sexual orientation or marital status. The grantee must
meet federal equal employment opportunity requirements.
15.9 Material Content. The grantee may not transmit any material that is
obscene or indecent on channels over which it has programming control.
15.10 Equal Employment Opportunity/Affirmative Action and Minority
Business Enterprise Program. The grantee must be certified as an EEO/Af­
firmative Action employer by the City, and comply with all applicable
federal, State and City regulations regarding anti-discrimination. The gran­
tee agrees to operate, establish and implement an affirmative action
program that provides for 50% females in its work force, with 18% of the
work force consisting of minorities, at every level of employment. Details of
the program will be laid out in writing in the Auditor's office two weeks prior
to the effective date of the franchise. The grantee must be certified by the
City in its Minority Business Enterprise program. The grantee agrees to
spend 20% of all contracted expenditures, excluding direct factory pur­
chases and items purchased from a sole source, with minority business en­
terprises.
15.11 First Source Program. The grantee agrees to recruit for certain entry-
level positions from the City's CETA training program for the economically
disadvantaged. Details of the agreement between the grantee and the City
» » -t r< **
à
The Successful Bidder for the Contract will be required to furnish a Perfor­
mance and Payment Bond for faithful performance of the Contract in the
full amount of the Contract price.
Bidders on this work will be required to comply with the provisions of the
President's Executive Order No. 11246 and requirements issued thereunder.
The requirements for bidders and contractors under this order are explained
in the Contract Documents.
The right is reserved to reject any or all Proposals for each bid item, and to
consider that Proposal for any individual item of equipment which is to the
best interest of the Owner.
Dated this 9th day of January, 1981.
CITY OF BEND, OREGON
By: James W. Kerfoot
Recorder Treasurer