§ 20.32  MISCELLANEOUS PROVISIONS.
   (a)   Posting and publication. Grantee shall assume the cost of posting and publication of this as such posting and publication is required by law and such is payable upon grantee's filing of acceptance of this .
   (b)   Guarantee of performance. Grantee agrees that it enters into this voluntarily in order to secure and in consideration of the grant from the of a ten year . Performance pursuant to the terms and conditions of this is guaranteed by grantee.
   (c)   Entire agreement. This contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth herein, and cannot be changed orally but only by an instrument in writing executed by the parties. This is made pursuant to M.S. § 238 and the and is intended to comply with all requirements set forth therein.
   (d)   Consent. Wherever the consent or approval of either grantee or the is specifically required in this agreement, such consent or approval shall not be unreasonably withheld.
   (e)   Prior terminated. The cable television as originally granted by Ord. 99-2 is hereby terminated.
   (f)    acceptance. No later than 45 following City Council approval of this , grantee shall execute and return to the three original agreements. The executed agreements shall be returned to the accompanied by performance bonds, security funds, and evidence of insurance, all as provided in this . In the event grantee fails to accept this , or fails to provide the required documents, this shall be null and void. The grantee agrees that despite the fact that its written acceptance may occur after the , the obligations of this shall become effective on February 1, 2015.
   (g)   Amendment of . Grantee and may agree, from time to time, to amend this . Such written amendments may be made subsequent to a review session pursuant to § 20.17(f) or at any other time if and grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, state or local laws; provided, however, nothing herein shall restrict city's exercise of its police powers.
   (h)    renewal. Any renewal of this shall be in accordance with . The term of any renewed shall be limited to a period not to exceed 15 years.
   (i)   Notice. Any notification that requires a response or action from a party to this , within a specific time-frame or would trigger a timeline that would affect one or both parties' rights under this , shall be made in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows:
 
To the :
City Manager, City of Bloomington
1800 West Old Shakopee Road
Bloomington, MN 55431-3027
To the grantee:
Comcast Regional Vice President of Operations
10 River Park Place
St. Paul, MN 55107
 
      Recognizing the widespread usage and acceptance of electronic forms of communication, emails and faxes will be acceptable as formal notification related to the conduct of general business amongst the parties to this contract, including but not limited to programming and price adjustment communications. Such communication should be addressed and directed to the of record as specified above.
   (j)   Rights of Individuals.
      (1)   Grantee shall not deny service, deny access, or otherwise discriminate against , users, or general citizens on the basis of race, color, religion, disability, national origin, age, gender or sexual preference. Grantee shall comply at all times with all other , relating to nondiscrimination.
      (2)   Grantee shall adhere to the applicable equal employment opportunity requirements of , as now written or as amended from time to time including 47 U.S.C. § 551, Protection of Subscriber Privacy.
      (3)   Neither grantee, nor any , agency, or entity shall, without the subscriber's consent, tap or arrange for the tapping, of any cable, line, signal input device, or outlet or receiver for any purpose except routine maintenance of the system, detection of unauthorized service, polling with audience participating, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified.
      (4)   Grantee shall not, without lawful court order or other applicable valid legal authority, utilize the system's interactive two-way equipment or capability for unauthorized personal surveillance of any or general citizen.
      (5)   No cable line, wire, amplifier, , or other piece of equipment owned by grantee shall be installed by grantee in the subscriber's premises, other than in appropriate easements, without first securing any required consent. If a requests service, permission to install upon subscriber's property shall be presumed. Where a property owner or his or her predecessor was granted an easement including a public utility easement or a servitude to another and the servitude by its terms contemplates a use such as grantee's intended use, grantee shall not be required to service the written permission of the owner for the installation of cable television equipment.
   (k)   Rights reserved to . In addition to any rights specifically reserved to the by this , the reserves to itself every right and power which is required to be reserved by a provision of this .
   (l)   Severability. If any provision of this is held by any governmental authority of competent jurisdiction, to be invalid as conflicting with any now or hereafter in effect, or is held by such governmental authority to be modified in any way in order to conform to the requirements of any such , such provision shall be considered a separate, distinct, and independent part of this , and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such are subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with such laws, said provision shall thereupon return to full force and effect and shall thereafter be binding on and grantee, provided that shall give grantee 30 ’ written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for grantee to comply with such provision.
   (m)   Force majeure. In the event that either party is prevented or delayed in the performance of any of its obligations, under this by reason of acts of God, floods, fire, hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism, strikes, delays in receiving permits where it is not the fault of grantee, public easements, sabotage, acts or omissions of the other party, or any other similar event beyond the reasonable control of that party, it shall have a reasonable time under the circumstances to perform such obligation under this , or to procure a substitute for such obligation to the reasonable satisfaction of the other party.
   (n)   Work of contractors and subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this , the and other , and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is grantee's responsibility to ensure that contractors, subcontractors or other performing work on grantee's behalf are familiar with the requirements of this , the and other governing the work performed by them.
   (o)   Governing law. This shall be deemed to be executed in the State of Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Minnesota, as applicable to contracts entered into and performed entirely within the state.
   (p)   Non-enforcement by . Grantee shall not be relieved of its obligation to comply with any of the provisions of this by reason of any failure of the or to enforce prompt compliance.
   (q)   Captions. The subsection captions and headings in this are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this .
   (r)   Calculation of time. Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last of the prescribed or fixed period or duration of time. When the last of the period falls on Saturday, Sunday or a legal holiday, that shall be omitted from the computation and the next business shall be the last of the period.
   (s)   Survival of terms. Upon the termination or forfeiture of the , grantee shall no longer have the right to occupy the for the purpose of providing . However, grantee's obligations to the (other than the obligation to provide service to ) shall survive according to their terms.
   (t)   Competitive equity. If any other enters into any agreement with the to provide multi video programming or its equivalent to residents in the , the , upon written request of the grantee, shall permit the grantee to construct and/or operate its and provide multi video programming or its equivalent to in the under the same agreement as applicable to the new MVPD. Within 120 after the grantee submits a written request to the , the grantee and the shall enter into an agreement or other appropriate authorization (if necessary) containing the same terms and conditions as are applicable to the new .
(Ord. 2015-7, passed 1-26-2015)
 
Table 1:  Free to Public Buildings
Public Schools
Address
Hillcrest Elementary School
9301 Thomas Avenue
Hubert Olson Elementary School
4501 W. 102nd Street
Indian Mounds Elementary School
9801 - 11th Avenue S.
Normandale Hills Elementary School
9501 Toledo Avenue S.
Public Schools
Address
Oak Grove Elementary School
1301 W. 104th Street
Poplar Bridge Elementary School
8401 Palmer Avenue
Ridgeview Elementary School
9400 Nesbitt Avenue S.
Valley View Elementary School
351 E. 88th Street
Washburn Elementary School
8401 Xerxes Avenue S.
Westwood Elementary School
3701 W. 108th Street
Oak Grove Middle School
1300 W. 106th Street
Valley View Middle School (BEC-TV)
8900 Portland Avenue S.
Hubert Olson Middle School
4551 W. 102nd Street
Jefferson High School
4001 W. 102nd Street
Kennedy High School
9701 Nicollet Avenue
Normandale Community College
9700 France Avenue S.
Southwood Early Childhood-Dist. 271
4901 W. 112th Street
Pond Center-Dist. 271
9600 Third Avenue S.
District Transportation Center
8801 Lyndale Avenue S.
Community Education
2575 W. 88th St.
District Support Services
4571 W. 102nd Street
Educational Service Center
1350 W. 106th
Jefferson Activity Center
4001 W. 102nd Street
JFK Activity Center
150 E. 98 Street
Galaxy Youth Center
8900 Portland Avenue S.
Bloomington Stadium
8900 Queen Avenue S.
Public Buildings
Address
Bloomington Civic Plaza
1800 W. Old Shakopee Road
Creekside Community Center
9801 Penn Avenue S.
Public Health Center
1900 W. Old Shakopee Road
Motor Vehicle Licensing Center
9930 Logan Avenue S.
Bloomington Public Works Administration
1700 W. 98th Street
Bloomington Armory
3300 W. 98th Street
Bloomington Ice Garden
3600 W. 98th Street
Public Buildings
Address
Dwan Golf Course
3301 W. 110th Street
Hyland Greens Golf Course
10100 Normandale Boulevard
Fire Station #1
10 W. 95th Street
Fire Station #2
10601 Xerxes Avenue S.
Fire Station #3
2050 E. 86th Street
Fire Station #4
4201 W. 84th Street
Fire Station #5
10540 Bush Lake Road
Fire Station #6
8601 Lakeview Road
Oxboro Community Library
8801 Portland Avenue
Penn Lake Community Library
8800 Penn Avenue S.
 
(Ord. 2015-7, passed 1-26-2015)
 
Table 2: Payment Worksheet
Trade Secret - Confidential
Month/Year
Month/Year
Month/Year
Total
A la Carte Video Services
Audio Services
Installation Charge
Bulk Revenue
Expanded
Pay-per-view
Guide Revenue
Revenue
Advertising Revenue
Home Shopping Revenue
Digital Services
Inside Wiring
Other Revenue
Equipment Rental
Processing Fees
Fee
Fees
Bad Debt
Late Fees
REVENUE
Fee Calculated
 
(Ord. 2015-7, passed 1-26-2015)