TRANSFER AGREEMENT
EXHIBIT 10.56
Exhibit A
Page | ||||
Section 1. |
DEFINITION |
3 | ||
Section 2. |
TRANSFER OF FRANCHISE |
3 | ||
Section 3. |
ACCEPTANCE OF FRANCHISE OBLIGATIONS |
4 | ||
Section 4. |
RESERVATION OF RIGHTS |
5 | ||
Section 5. |
REPRESENTATIONS AND WARRANTIES |
6 | ||
Section 6. |
ADDITIONAL COMMITMENTS |
7 | ||
Section 7. |
INDEMNIFICATION |
7 | ||
Section 8. |
ADDITIONAL CONDITIONS |
8 | ||
Section 9. |
BREACHES |
9 | ||
Section 10. |
MISCELLANEOUS PROVISIONS |
9 |
Page 1
This TRANSFER AGREEMENT is made this 7 day of January, 2004, by and between:
A. Pinellas County, a Florida County (“COUNTY”);
B. Verizon Media Ventures Inc., a Delaware corporation, hereinafter referred to as VERIZON; and
C. Knology Broadband of Florida Inc., a Delaware corporation, hereinafter referred to as KNOLOGY; and
D. Knology New Media Inc., a Delaware corporation and wholly owned subsidiary of Knology Inc., hereinafter referred to as KNOLOGY NEW MEDIA.
KNOLOGY and KNOLOGY NEW MEDIA etc. may be referred to jointly herein as “COMPANIES”.
RECITALS
WHEREAS, VERIZON currently holds a cable franchise (the “FRANCHISE”) from the COUNTY subject to the GTE Media Ventures Cable Franchise Ordinance, Pinellas County Ordinance No. 99-106. (“FRANCHISE AGREEMENT”), as modified and becoming a part thereof, by stipulations attendant to a nominal change in control, from GTE Media Ventures Incorporated and Xxxx Atlantic Corporation with respect to issues documented in Pinellas County Resolution No. 00-60, which stipulations have been confirmed in writing by GTE Media Ventures Incorporated by Acceptances dated March 20, 2000 and April 24, 2000, and which became effective upon the merger of GTE Corporation and Xxxx Atlantic Corporation and as further subject to the “Cable System Regulatory Ordinance”, Ordinance 99-46, as amended and codified at Chapter 30 of the Pinellas County Code (“Cable Ordinance”), all of which documents, as any of them may lawfully be or may have been amended from time to time, are collectively referred to as the “FRANCHISE DOCUMENTS”; and
WHEREAS, by action of its Board Directors and stockholder, effective June 23, 2000, GTE Media Ventures Incorporated changed its name to Verizon Media Ventures Inc. (“VERIZON” ) and has provided cable television service to subscribers in the County pursuant to the Franchise Documents, through its cable system in the County (“SYSTEM”); and
WHEREAS, pursuant to an Asset Purchase Agreement dated July 15, 2003 (“Asset Purchase Agreement”), KNOLOGY NEW MEDIA will acquire the franchise currently held by VERIZON and the
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cable system serving the County both of which will then be assigned to KNOLOGY (the “PROPOSED TRANSACTION”); and
WHEREAS, the FRANCHISE AGREEMENT Section 3.2.1 and the CABLE ORDINANCE Section 30-26.g.(1 & 2) provides that the prior approval of the COUNTY is required for the PROPOSED TRANSACTION; and
WHEREAS, VERIZON and the COMPANIES filed an FCC Form 394 with the COUNTY and requested that the COUNTY approve the PROPOSED TRANSACTION (the “TRANSFER APPLICATION”); and
WHEREAS, KNOLOGY agrees to provide a guarantee, in the attached form, from Knology Inc. and KNOLOGY NEW MEDIA guaranteeing performance by KNOLOGY of all of KNOLOGY’s obligations under the FRANCHISE DOCUMENTS and this TRANSFER AGREEMENT; and
WHEREAS, THE COMPANIES have agreed to comply with the FRANCHISE DOCUMENTS and applicable law from and after the completion of the PROPOSED TRANSACTION; and
WHEREAS, relying on VERIZON, and THE COMPANIEs’ respective representations, the COUNTY is willing to grant its consent to the PROPOSED TRANSACTION, subject to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration for the COUNTY’s consent to the PROPOSED TRANSACTION, and subject to the terms and conditions of this Agreement and of the COUNTY’S Resolution consenting to the PROPOSED TRANSACTION (“TRANSFER RESOLUTION”), THE PARTIES DO HEREBY AGREE as follows:
Section 1. DEFINITION
For purposes of this TRANSFER AGREEMENT, “FRANCHISEE” shall mean VERIZON prior to the closing of the PROPOSED TRANSACTION, and KNOLOGY on and after that date.
Section 2. TRANSFER OF FRANCHISE
2.1 The foregoing recitals are true and correct and are incorporated herein by reference.
2.2 The COUNTY has consented through the TRANSFER RESOLUTION to the PROPOSED TRANSACTION as specified in the TRANSFER APPLICATION, in consideration for the promises and performances of VERIZON and THE COMPANIES as expressed in this TRANSFER AGREEMENT.
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Section 3. ACCEPTANCE OF FRANCHISE OBLIGATIONS
3.1 KNOLOGY hereby accepts, acknowledges, and agrees that, after the PROPOSED TRANSACTION, KNOLOGY will be bound by all the commitments, duties, and obligations, present, continuing and future, of the FRANCHISEE embodied in the FRANCHISE DOCUMENTS, and that the PROPOSED TRANSACTION will have no effect on these obligations.
3.2 VERIZON and the COMPANIES agree that neither the PROPOSED TRANSACTION nor the COUNTY’s approval of the PROPOSED TRANSACTION shall in any respect relieve the FRANCHISEE or any of its successors in interest of responsibility for its past acts or omissions, known or unknown. VERIZON hereby agrees that, except to the extent otherwise covered by separate agreements, it shall be liable for its past acts and omissions, known and unknown, including liability for any and all previously accrued but unfulfilled obligations to the COUNTY, under the FRANCHISE DOCUMENTS and applicable law, for all purposes, including but not limited to review of past performance. KNOLOGY agrees that, for purposes of determining whether its FRANCHISE should be renewed, all acts and omissions of FRANCHISEE occurring prior to this Agreement will be deemed to be those of KNOLOGY. The PROPOSED TRANSACTION shall not restrict or expand the rights of the COMPANIES under or related to the FRANCHISE DOCUMENTS as compared to those that could have been exercised by the FRANCHISEE prior to the PROPOSED TRANSACTION.
3.3 VERIZON shall ensure that all records pertaining to the FRANCHISE, including financial records, shall continue to be available after the PROPOSED TRANSACTION in the same way and to the same extent such information was available prior to the PROPOSED TRANSACTION. KNOLOGY shall ensure that all records pertaining to the FRANCHISE in its possession, shall continue to be available after the PROPOSED TRANSACTION in the same way and to the same extent such information was available prior to the PROPOSED TRANSACTION.
3.4 KNOLOGY represents and warrants that it has and will have complete and actual working control over the system.
3.5 KNOLOGY shall execute and submit to the COUNTY an Acceptance of Franchise by KNOLOGY in substantially the form attached hereto as Exhibit B.
3.6 KNOLOGY agrees to provide a guarantee from KNOLOGY, INC. and KNOLOGY NEW MEDIA in the form specified in Exhibit A, which is acceptable to the COUNTY, guaranteeing performance by KNOLOGY of all of KNOLOGY’s obligations under the FRANCHISE DOCUMENTS and this Transfer Agreement. The signed guarantees must be provided on or before the closing of the PROPOSED TRANSACTION.
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3.7 VERIZON and the COMPANIES agree that, from and after the consummation of the PROPOSED TRANSACTION it shall comply with all of the terms and conditions set forth in this Transfer Agreement. VERIZON agrees that it will not take any action, without cause, that prevents KNOLOGY from complying with its obligations under the Franchise Documents or this Agreement. VERIZON agrees that it will provide the County 20 days prior notice of any action taken by VERIZON which may reasonably result in an interruption or degradation of service to KNOLOGY subscribers on account of a failure by KNOLOGY to meet an obligation under any agreement between KNOLOGY and VERIZON.
3.8 KNOLOGY and the COUNTY agree to the assignment, by VERIZON, of all rights and responsibilities under terms of the Production Truck Usage Agreement, dated December 5, 2000, consistent with the terms as incorporated through the FRANCHISE AGREEMENT between Verizon Media Ventures Inc. and Pinellas County.
Section 4. RESERVATION OF RIGHTS
4.1 The COUNTY reserves all rights not expressly granted in this Transfer Agreement, including without limitation those specified below.
4.2 The COUNTY waives none of its rights with respect to the FRANCHISEE’, the COMPANIES’ or VERIZON’S compliance with the requirements set forth in the FRANCHISE DOCUMENTS. At no time will the COMPANIES contend, either directly or indirectly, that the COUNTY is barred, by reason of the PROPOSED TRANSACTION, from considering, or raising claims based on, any defaults of KNOLOGY or VERIZON, any failure by KNOLOGY or VERIZON to provide reasonable service in light of the community’s needs, or any failure by KNOLOGY or VERIZON to comply with the terms and conditions of the FRANCHISE DOCUMENTS or with applicable law. The COUNTY approval of the PROPOSED TRANSACTION shall in no way be deemed a representation by the COUNTY that the FRANCHISEE is in compliance with all of its obligations under the FRANCHISE DOCUMENTS.
4.3 Neither this TRANSFER AGREEMENT, nor any other action or omission by the COUNTY at or before the execution of this, TRANSFER AGREEMENT, shall be construed to grant the COUNTY’s consent to any future transfer of the FRANCHISE and/or the SYSTEM, and/or any future change in ownership and/or control of the FRANCHISE and/or the SYSTEM, or to mean that the County’s consent to any future transaction is not required.
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4.4 Any consent given by the COUNTY to the PROPOSED TRANSACTION is made without prejudice to, or waiver of, the COUNTY’s right to investigate and take into account any lawful considerations during any future FRANCHISE renewal or transfer process.
4.5 This TRANSFER AGREEMENT does not affect and shall not be construed to affect the rights and authority of the COUNTY to regulate or authorize, by ordinance, license or otherwise, use of the public rights-of-way for purposes other than for cable service.
Section 5. REPRESENTATIONS AND WARRANTIES
5.1 VERIZON and each of the COMPANIES hereby represents and warrants that at the time of the execution of this TRANSFER AGREEMENT: (a) it is a corporation or partnership duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized; (b) the FRANCHISE DOCUMENTS and, assuming due execution hereof by the other parties hereto, this TRANSFER AGREEMENT constitute legal, valid and binding obligations of such Company enforceable in accordance with their terms; (c) the execution and delivery of, and performance by such Company under, this TRANSFER AGREEMENT and the FRANCHISE DOCUMENTS, where applicable, are within such Company’s power and authority without the joinder or consent of any other party and have been duly authorized by all requisite corporate or partnership action on the part of such Company and are not in contravention of such Company’s partnership agreement charter, bylaws, and/or other organizational documents; and (d) no representation made to the COUNTY by such Company is incomplete, untrue or inaccurate in any material respect.
5.2 KNOLOGY represents and warrants that neither the PROPOSED TRANSACTION nor this TRANSFER AGREEMENT will adversely affect KNOLOGY’s ability to meet the requirements of the current FRANCHISE DOCUMENTS, or to meet the COUNTY’s future cable-related needs and interests in a renewal franchise.
5.3 KNOLOGY represents and warrants that the PROPOSED TRANSACTION will not have any adverse financial effect on the System, or adversely affect performance.
5.4 KNOLOGY represents and warrants that after the PROPOSED TRANSACTION, KNOLOGY’S financial qualifications will be such as shall enable it to maintain and operate the SYSTEM in the COUNTY.
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5.5 KNOLOGY represents and warrants that the PROPOSED TRANSACTION will not in any respect reduce the quality of customer service in the COUNTY.
5.6 KNOLOGY represent and warrant that the PROPOSED TRANSACTION will not reduce the quality of existing system maintenance or repair.
Section 6. ADDITIONAL COMMITMENTS
VERIZON agrees to reimburse the COUNTY for all costs, including fees and expenses, actually and reasonably incurred (including, without limitation, for attorneys and financial and technical consultants) in its review of the TRANSFER APPLICATION, including but not limited to the costs of negotiations, evaluating the qualifications of the COMPANIES and preparing this Agreement and related documentation, subject to the $15,000 limitation in Section 30-27(d)(1) of the CABLE ORDINANCE. The COUNTY shall provide VERIZON with an accounting and invoices of these fees and expenses. Payment to the COUNTY shall be delivered within thirty (30) days of receipt of invoices, provided that no payment shall be made to the COUNTY unless the County Commission has approved this Agreement. Such payments are in addition to any franchise fee, communications services taxes, and PEG payments and such payments shall not be treated as costs eligible for treatment as conditions of the FRANCHISE in accordance with 47 CFR _76.925. Failure to make timely payment of these costs and expenses, except to the extent that they are the subject of legitimate dispute, shall constitute a failure of performance of applicable provisions of the Pinellas County Cable System Regulatory Ordinance and the Franchise Agreement for which remedy may be sought from VERIZON directly from its performance bond.
Section 7. INDEMNIFICATION
7.1 VERIZON and each of the COMPANIES agree to indemnify and hold the COUNTY harmless against any loss, claim, damage, liability or expense (including, without limitation, reasonable attorneys’ fees) caused by any representation or warranty made by that Company herein which is determined by a court of competent jurisdiction or by the parties to be untrue or inaccurate in any material respect.
7.2 In addition to any indemnification under the FRANCHISE DOCUMENTS, KNOLOGY shall indemnify and hold the COUNTY harmless against any loss, claim, damage, liability or expense
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(including, without limitation, reasonable attorneys’ fees) incurred by the COUNTY in connection with any action or proceeding commenced by a third party (not one of the parties to this TRANSFER AGREEMENT) claiming or asserting any liability of the COUNTY relating to or arising from the PROPOSED TRANSACTION or this TRANSFER AGREEMENT.
7.3 VERIZON shall indemnify, pay the cost of defense, including attorney’s fees, and hold harmless the COUNTY from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons or property by or from the FRANCHISE; or by, or in consequence or of any neglect in safeguarding the work under the FRANCHISE; or on account of act or omission, neglect or misconduct of VERIZON; or by, or on account of, any claim or amounts recovered under the Workers’ Compensation Law or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the COUNTY. Notwithstanding the foregoing, VERIZON’S indemnification obligation hereunder shall be limited to suits, actions, or claims resulting from acts or omissions prior to the date of Transfer. The COUNTY shall give VERIZON prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section.
Section 8. ADDITIONAL CONDITIONS
8.1 In the event the transfer does not close by March 31, 2004, or closes on terms that are in any material respect different from the terms disclosed to the COUNTY in writing, then any COUNTY consent to the PROPOSED TRANSACTION shall be void and of no force or effect, and the PROPOSED TRANSACTION deemed to have been timely denied.
8.2 VERIZON and the COMPANIES hereby waive any and all claims that they may have that any denial of the TRANSFER APPLICATION that results from failure of the conditions herein fails to satisfy the deadlines established by applicable law including, without limitation, claims based on, arising out of, or relating to 47 U.S.C. _537, as amended, and agree that they shall be deemed to have agreed to an extension of the time to act on the TRANSFER APPLICATION as required to make any denial effective.
8.3 KNOLOGY shall provide proof that all required insurance, bonds and letters of credit have been delivered to the COUNTY on or before the Closing of the PROPOSED TRANSACTION.
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Within 20 days of Knology Inc. closing its public stock offering, it shall submit proof that it has satisfied any liens or encumbrances arising out of the five million dollar Purchase Money Financing Line of Credit between KNOLOGY NEW MEDIA INC. and certain of its investors.
8.4 Except to the extent provided below all required insurance, bonds and letters of credit currently provided by VERIZON shall remain in full force until KNOLOGY provides proof to the COUNTY that all insurance, bonds and letters of credit as required under the FRANCHISE have been obtained. VERIZON shall maintain in full force and effect a faithful performance bond running to the COUNTY, with a good and sufficient surety approved by the COUNTY, in the amount of $100,000.00, conditioned that VERIZON shall well and truly observe, fulfill, and perform each term and condition of the FRANCHISE which VERIZON is obligated to observe, fulfill, and perform until and including the Closing of the PROPOSED TRANSACTION, and that, in case of any breach which may be discovered and for which a claim may be made before or after the Closing of the PROPOSED TRANSACTION, the COUNTY shall be entitled to recover from the principal and sureties thereof the amount of all damages, including all costs and attorney’s fees incurred by the COUNTY, approximately resulting from the failure of VERIZON to well and faithfully observe and perform any and all of the provisions of the FRANCHISE which VERIZON was obligated to observe and perform prior to and including the Closing of the PROPOSED TRANSACTION. Such bond shall be maintained in full force and effect for a term or succession of terms ending 18 months after the effective date of this TRANSFER AGREEMENT.
Section 9. BREACHES
Any breach of this TRANSFER AGREEMENT on or after Closing by KNOLOGY shall be deemed a breach of the FRANCHISE AGREEMENT and shall be subject to all remedies available for a breach of the FRANCHISE AGREEMENT, in addition to any other remedies the parties may have under this TRANSFER AGREEMENT at law or equity.
Section 10. MISCELLANEOUS PROVISIONS
10.1 Effective Date: This TRANSFER AGREEMENT shall be effective and binding upon the signatories once it has been signed by all signatories.
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10.2 Binding Acceptance: This TRANSFER AGREEMENT shall bind and benefit the parties hereto and their respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns, and the promises and obligations herein shall survive the expiration date hereof. Any purported assignment of this TRANSFER AGREEMENT is void without the express written consent of the signatories.
10.3 Voluntary Agreement: This TRANSFER AGREEMENT is freely and voluntarily given by each party, without any duress or coercion, and after each party has consulted with its counsel. Each party has carefully and completely read all of the terms and provisions of this TRANSFER AGREEMENT. Neither any of the COMPANIES, nor any of their affiliates, nor the COUNTY, will take any action to challenge any provision of this TRANSFER AGREEMENT; nor will they participate with any other person or entity in any such challenge.
10.4 Severability: If any term, condition, or provision of this TRANSFER AGREEMENT shall, to any extent, be held to be invalid, preempted, or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective.
10.5 Counterparts: This TRANSFER AGREEMENT may be executed in several counterparts, each of which when so executed shall be deemed to be an original copy, and all of which together shall constitute one agreement binding on all parties hereto, notwithstanding that all parties shall not have signed the same counterpart.
10.6 Conforming Amendments to Franchise Agreement: KNOLOGY agrees to accept FRANCHISE amendments to the extent necessary to reflect the PROPOSED TRANSACTION or the provisions of this TRANSFER AGREEMENT.
10.7 Governing Law: This TRANSFER AGREEMENT shall be governed in all respects by the law of the State of Florida.
10.8 Captions and References: The captions and headings of sections throughout this TRANSFER AGREEMENT are intended solely to facilitate reading and reference to the sections and provisions of this TRANSFER AGREEMENT. Such captions shall not affect the meaning or interpretation of this TRANSFER AGREEMENT.
END OF SUBSTANTIVE PROVISIONS
SIGNATURE PAGE AND EXHIBITS TO FOLLOW
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AGREED TO THIS 7 DAY OF January, 2004.
[SEAL]
ATTEST |
Pinellas County, Florida | |||||||
/s/ Illegible |
By: | /s/ Illegible | ||||||
Clerk of the Circuit Court |
County Administrator | |||||||
Approved as to Form | ||||||||
/s/ Illegible | ||||||||
County Attorney | ||||||||
Verizon Media Ventures, Inc. | ||||||||
By: |
/s/ Xxxx Xxxxx Xxxxx | |||||||
Name/Title : |
Xxxx Xxxxx Xxxxx Vice President/General Manager |
STATE OF __ Texas______:
I HEREBY CERTIFY, that on this 17 day of December, 2003, before me, the subscriber, a Notary Public of the State of Texas, in and for Dallas County, _________, aforesaid personally appeared Xxxx Xxxxx Xxxxx of Verizon Media Ventures Inc. and acknowledged the foregoing Transfer Agreement by Verizon Media Ventures Xxx.xx Dallas County, Texas, to be the act and deed of said company.
Dallas County, Texas
AS WITNESS my hand and Notary Seal
/s/ Illegible |
Notary Public |
My Commission Expires: 11/3/2007
[SEAL] | XXXXX X. XXXXXXX MY COMMISSION EXPIRES November 1, 2007 |
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Knology New Media, Inc. | ||||
By: | /s/ Xxxxx X. Xxxxxxxx Xx. | |||
Name/Title: |
Xxxxx X. Xxxxxxxx, Xx. | |||
Vice President Business Development |
STATE OF GEORGIA:
I HEREBY CERTIFY, that on this 9th day of December, 2003, before me, the subscriber, a Notary Public of the State of Georgia, in and for Xxxxx County, Georgia, aforesaid personally appeared Xxxxx X. Xxxxxxxx, Xx., Vice President Business Development of Knology, Inc. and acknowledged the foregoing Acceptance of Franchise by Franchisee in Pinellas County, Florida, to be the act and deed of said company.
Xxxxx County, Georgia
AS WITNESS my hand and Notary Seal
/s/ Xxxx X. Xxxxxxxx |
Notary Public |
My Commission Expires: MY COMMISSION EXPIRES JUNE 21, 2005
Knology Broadband of Florida, Inc. | ||||
By: | /s/ Xxxxx X. Xxxxxxxx, Xx. | |||
Name/Title: |
Xxxxx X. Xxxxxxxx, Xx. | |||
Vice President Business Development |
STATE OF GEORGIA:
I HEREBY CERTIFY, that on this 9th day of December, 2003, before me, the subscriber, a Notary Public of the State of Georgia, in and for Xxxxx County, Georgia, aforesaid personally appeared Xxxxx X. Xxxxxxxx, Xx., Vice President Business Development of Knology, Inc. and acknowledged the foregoing Acceptance of Franchise by Franchisee in Pinellas County, Florida, to be the act and deed of said company.
Xxxxx County, Georgia
AS WITNESS my hand and Notary Seal
/s/ Xxxx X. Xxxxxxxx |
Notary Public |
My Commission Expires: MY COMMISSION EXPIRES JUNE 21, 2005
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EXHIBIT A- Knology Inc.
GUARANTEE OF PERFORMANCE
WHEREAS, the County of Pinellas, Florida (“COUNTY”) granted a franchise (“FRANCHISE”) to Verizon Media Ventures Inc., to erect, construct, operate, and maintain a cable system in the COUNTY pursuant to the GTE Media Ventures Incorporated. Cable Franchise Ordinance, Pinellas County Ordinance No. 99-106 as modified and becoming a part thereof, by stipulation attendant to a nominal change in control, from GTE Media Ventures Incorporated with respect to issues documented in Pinellas County Resolution No. 00-60, which stipulations have been confirmed in writing by GTE Media Ventures Incorporated on March 20, 2000 and April 24, 2000, were accepted for filing by the Board of County Commissioners on May 2, 2000 and which became effective upon the merger of GTE Corporation and Xxxx Atlantic Corporation and as further subject to the “Cable System Regulatory Ordinance”, Ordinance 99-46, as amended and codified at Chapter 30 of the Pinellas County Code, all of which documents, as any of them may lawfully be or may have been amended from time to time, are collectively referred to as the “FRANCHISE DOCUMENTS”; and
WHEREAS, the County of Pinellas, Florida (“COUNTY”) consented to a transfer of a COUNTY franchise from VERIZON to KNOLOGY (“FRANCHISEE”) conditioned upon execution of a transfer agreement and related documents including this Guarantee; and
WHEREAS, Knology Inc. (“GUARANTOR”) is an indirect parent of the FRANCHISEE and will have a substantial interest in the FRANCHISE, in the conduct of the FRANCHISEE, and in the FRANCHISE DOCUMENTS, which are incorporated herein by this reference;
NOW, THEREFORE, the GUARANTOR hereby unconditionally guarantees the due and timely performance of any and all obligations of the FRANCHISEE required by the FRANCHISE DOCUMENTS. The GUARANTOR also promises that no company in the chain of ownership between it and the FRANCHISEE will take any action that would prevent the FRANCHISEE from performing its obligations under the FRANCHISE. This Guarantee, unless terminated, substituted or canceled as hereinafter provided, shall remain in full force and effect for the term of the FRANCHISE, as it may be renewed or extended and as provided by the FRANCHISE DOCUMENTS; provided, however, that upon the COUNTY’S prior written approval of a substitute guarantor, which approval shall not be unreasonably withheld, this Guarantee may be terminated, substituted or canceled upon written notice from the GUARANTOR to the COUNTY and the FRANCHISEE. Any such substitution of the GUARANTOR will be implemented in a manner that ensures that the substitute guarantee is in place
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and effective prior to or contemporaneously with the termination, substitution or cancellation of this Guarantee so that there is no breach in coverage.
Any notice of such a substitution as required by law shall be addressed to the COUNTY Administrator with a copy to the FRANCHISEE. Such termination shall not affect liability incurred or accrued under this Guarantee prior to the effective date of such termination or cancellation.
Knology, Inc. | ||
By: | /s/ XXXXX X. XXXXXXXX | |
Name: |
XXXXX X. XXXXXXXX | |
Title: |
VP BUSINESS DEVELOPMENT |
STATE OF GEORGIA:
I HEREBY CERTIFY, that on this 13th day of February, 2004, before me, the subscriber, a Notary Public of the State of Georgia, in and for Xxxxx County, Georgia, aforesaid personally appeared Xxxxx X. Xxxxxxxx of Knology, Inc. West Point, GA acknowledged the foregoing Acceptance of Franchise by Franchisee in Pinellas County, Florida, to be the act and deed of said company.
Xxxxx County, Georgia
AS WITNESS my hand and Notary Seal
/s/ Xxxx X. Xxxxxxxx |
Notary Public |
My Commission Expires: MY COMMISSION EXPIRES JUNE 21, 2005
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EXHIBIT A- Knology New Media Inc.
GUARANTEE OF PERFORMANCE
WHEREAS, the County of Pinellas, Florida (“COUNTY”) granted a franchise (“FRANCHISE”) to Verizon Media Ventures Inc., to erect, construct, operate, and maintain a cable system in the COUNTY pursuant to the GTE Media Ventures Incorporated. Cable Franchise Ordinance, Pinellas County Ordinance No. 99-106 as modified and becoming a part thereof, by stipulation attendant to a nominal change in control, from GTE Media Ventures Incorporated with respect to issues documented in Pinellas County Resolution No. 00-60, which stipulations have been confirmed in writing by GTE Media Ventures Incorporated on March 20, 2000 and April 24, 2000, were accepted for filing by the Board of County Commissioners on May 2, 2000, and which became effective upon the merger of GTE Corporation and Xxxx Atlantic Corporation and as further subject to the “Cable System Regulatory Ordinance”, Ordinance 99-46, as amended and codified at Chapter 30 of the Pinellas County Code, all of which documents, as any of them may lawfully be or may have been amended from time to time, are collectively referred to as the “FRANCHISE DOCUMENTS”; and
WHEREAS, the County of Pinellas, Florida (“COUNTY”) consented to a transfer of a COUNTY franchise from VERIZON to KNOLOGY (“FRANCHISEE”) conditioned upon execution of a transfer agreement and related documents including this Guarantee; and
WHEREAS, Knology New Media Inc. (“GUARANTOR”) is an indirect parent of the FRANCHISEE and will have a substantial interest in the FRANCHISE, in the conduct of the FRANCHISEE, and in the FRANCHISE DOCUMENTS, which are incorporated herein by this reference;
NOW, THEREFORE, the GUARANTOR hereby unconditionally guarantees the due and timely performance of any and all obligations of the FRANCHISEE required by the FRANCHISE DOCUMENTS. The GUARANTOR also promises that no company in the chain of ownership between it and the FRANCHISEE will take any action that would prevent the FRANCHISEE from performing its obligations under the FRANCHISE. This Guarantee, unless terminated, substituted or canceled as hereinafter provided, shall remain in full force and effect for the term of the FRANCHISE, as it may be renewed or extended and as provided by the FRANCHISE DOCUMENTS; provided, however, that upon the COUNTY’s prior written approval of a substitute guarantor, which approval shall not be unreasonably withheld, this Guarantee may be terminated, substituted or canceled upon written notice from the GUARANTOR to the COUNTY and the FRANCHISEE. Any such substitution of the GUARANTOR will be implemented in a manner that ensures that the substitute guarantee is in place
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and effective prior to or contemporaneously with the termination, substitution or cancellation of this Guarantee so that there is no breach in coverage.
Any notice of such a substitution as required by law shall be addressed to the COUNTY Administrator with a copy to the FRANCHISEE. Such termination shall not affect liability incurred or accrued under this Guarantee prior to the effective date of such termination or cancellation.
Knology New Media Inc. | ||
By: | /s/ XXXXX X. XXXXXXXX | |
Name: |
XXXXX X. XXXXXXXX | |
Title: |
VP BUSINESS DEVELOPMENT |
STATE OF GEORGIA
I HEREBY CERTIFY, that on this 13th day of February, 2004, before me, the subscriber, a Notary Public of the State of Georgia, in and for Xxxxx County, Georgia, aforesaid personally appeared Xxxxx X. Xxxxxxxx of Knology, Inc. West Point, Georgia and acknowledged the foregoing Acceptance of Franchise by Franchisee in Pinellas County, Florida, to be the act and deed of said company.
Xxxxx County, Georgia
AS WITNESS my hand and Notary Seal
/s/ Xxxx X. Xxxxxxxx |
Notary Public |
My Commission Expires: MY COMMISSION EXPIRES JUNE 21, 2005
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EXHIBIT B
ACCEPTANCE OF FRANCHISE BY THE FRANCHISEE
Knology (“FRANCHISEE”) hereby accepts the franchise to erect, construct, maintain, and operate a cable system offered by the GTE Media Ventures Cable Franchise Ordinance, Pinellas County Ordinance No. 99-106 (“FRANCHISE AGREEMENT”), as modified and becoming a part thereof, by stipulation attendant to a nominal change in control, from GTE Media Ventures Incorporated with respect to issues documented in Pinellas County Resolution No. 00-60, which stipulations have been confirmed in writing by GTE Media Ventures Incorporated on March 20, 2000 and April 24, 2000, were accepted for filing by the Board of County Commissioners on May 2, 2000, and which became effective upon the merger of GTE Corporation and Xxxx Atlantic Corporation and as further governed by Ordinance No. 99-46 (“FRANCHISE ORDINANCE”). By this acceptance, FRANCHISEE agrees that, as set forth in the FRANCHISE ORDINANCE, it shall be bound by the terms and conditions of the FRANCHISE AGREEMENT, any amendments thereto, and subject to the “Cable System Regulatory Ordinance”, Ordinance 99-46, as amended and codified at Chapter 30 of the Pinellas County Code, and the Transfer Agreement dated January 7, 2004 (collectively, the “FRANCHISE DOCUMENTS”).
By accepting the franchise, the FRANCHISEE further: (1) acknowledges and accepts the COUNTY’s legal right to issue and enforce the franchise; (2) agrees that it will not oppose the COUNTY’s intervention in any proceeding affecting its franchise or obligations thereunder; (3) accepts and agrees to comply with each and every provision of the FRANCHISE DOCUMENTS; and (4) agrees that the franchise was granted pursuant to processes and procedures consistent with applicable law, and that it will not raise any claim to the contrary.
The FRANCHISEE declares that it has carefully read all of the terms and conditions of the FRANCHISE DOCUMENTS, and accepts and agrees to abide by same.
The FRANCHISEE is bound to maintain and operate a cable system under the terms, conditions and limitations set forth in the FRANCHISE DOCUMENTS and other applicable law, as of the time and date it files this written acceptance with Xxxxxxx X. Xxxxxx, Pinellas County Administrator.
END OF SUBSTANTIVE PROVISIONS, SIGNATURE PAGE TO FOLLOW
Page 3
AGREED TO THIS 13th DAY OF February, 2004.
Knology | ||
By: | /s/ Illegible | |
Its: |
VP BUSINESS DEVELOPMENT |
STATE OF GEORGIA:
I HEREBY CERTIFY, that on this 13th day of February, 2004, before me, the subscriber, a Notary Public of the State of [State], in and for Xxxxx County, [State], aforesaid personally appeared Xxxxx X. Xxxxxxxx of Knology, Inc. West Point, GA and acknowledged the foregoing Acceptance of Franchise by Franchisee in Pinellas County, [Florida], to be the act and deed of said company.
Xxxxx County, Georgia
AS WITNESS my hand and Notary Seal
/s/ Xxxx X. Xxxxxxxx |
Notary Public |
My Commission Expires: MY COMMISSION EXPIRES JUNE 21, 2005
Page 4
RESOLUTION NO. 03–237
A RESOLUTION CONCERNING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FOR THE PURPOSE OF GRANTING THE CONSENT OF THE COUNTY TO THE ASSIGNMENT AND TRANSFER OF THE CABLE TELEVISION FRANCHISE AND CABLE TELEVISION SYSTEM FROM VERIZON MEDIA VENTURES INC. TO KNOLOGY BROADBAND OF FLORIDA, INC.
Whereas, Pinellas County, Florida (“County”) granted a franchise (“Franchise”) to GTE Media Ventures Incorporated, to erect, construct, operate, and maintain a cable television system in the County pursuant to GTE Media Ventures Incorporated Cable Franchise Ordinance, Pinellas County Ordinance No. 99-106 (“Franchise Agreement”), as modified and becoming a part thereof, by stipulation attendant to a nominal change in control, from GTE Media Ventures Incorporated with respect to issues documented in Pinellas County Resolution No. 00-60, which stipulations have been confirmed in writing by GTE Media Ventures Incorporated on March 20, 2000 and April 24, 2000 and which became effective upon the merger of GTE Corporation and Xxxx Atlantic Corporation and as further subject to the “Cable System Regulatory Ordinance,” Ordinance 99-46, as amended and codified at Chapter 30 of the Pinellas County Code (“Cable Ordinance”), all of which documents, as any of them may lawfully be or may have been amended from time to time, are collectively referred to as the “Franchise Documents”; and
Whereas, by action of its Board of Directors and stockholder, effective June 23, 2000, GTE Media Ventures Incorporated changed its name to Verizon Media Ventures Inc. (“Verizon”) and has provided cable television service to subscribers in the County pursuant to the Franchise Documents, through its cable system in the County (“System”); and
Whereas, pursuant to an Asset Purchase Agreement dated July 15, 2003 (“Asset Purchase Agreement”), by and between Verizon and Knology New Media, Inc. (“Knology New Media”), Verizon will transfer the franchise currently held by Verizon and the cable system serving the County (“System”) to Knology Broadband of Florida, Inc. (“Knology”) (the “Proposed Transaction”); and
Whereas Verizon, Knology New Media and Knology filed an FCC Form 394 with the County and requested that the County approve the Proposed Transaction (the “Transfer Application”); and
Whereas, Knology is a wholly-owned subsidiary of Knology New Media; and
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Whereas, the Cable Ordinance requires the County’s prior consent to a transfer affecting the Franchise; and
Whereas, the County has reviewed the Transfer Application and examined the financial responsibility, technical expertise and legal qualifications of Knology in accordance with applicable laws and the Franchise Documents; and
Whereas, Knology agrees to provide a guarantee of performance from Knology, Inc., and Knology New Media guaranteeing performance by Knology of all of Knology’s obligations under the Franchise Documents and the Transfer Agreement attached hereto as Exhibit A; and
Whereas, Knology has agreed to comply with the Franchise Documents and applicable law from and after the completion of the Proposed Transaction; and
Whereas, Verizon has agreed to provide security in the form of performance bonds and indemnification to the County for actions or omissions by Verizon or GTE Media Ventures. Inc. as Franchisee under both the existing and preceding franchises; and
Whereas, relying on Verizon, Knology New Media, and Knology’s respective representations, the County is willing to grant its consent to the Proposed Transaction, subject to the terms and conditions which are attached hereto as Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED THAT:
Section 1. The County’s consent to, and approval of, the Proposed Transaction is hereby granted in accordance with Pinellas County Code Section 30-26(g)(l & 2) of the Cable Ordinance, subject to the following conditions:
(a) that on or before March 31, 2004, Verizon and Knology enter into and execute a Transfer Agreement, substantially in the form of Exhibit A, attached hereto;
(b) that the Proposed Transaction is consummated on or before March 31, 2004; and
(c) that the Proposed Transaction is consummated on terms and conditions identical in all material respects to those described in the Transfer Application and the Transfer Agreement.
Section 2. The County releases Verizon, effective upon the closing of the Proposed Transaction, from all obligations and liabilities under the Franchise that accrue on and after the closing date, except for suits, actions or claims made on or after the closing date that result from an act or omission by Verizon prior to the closing date; provided that Knology shall be responsible for any obligations and liabilities under the Franchise that accrue on and after the closing date.
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Section 3. If any of the conditions specified in this Resolution or in Exhibit A are not satisfied as of the date of dosing of the Proposed Transaction, then the County’s consent to, and approval of the Transfer is hereby denied as of the date hereof.
Section 4. If any representations made to the County by Verizon, Knology or Knology New Media prove to be incomplete, untrue or inaccurate in any material respect, it shall be deemed a material breach of the Franchise Documents and the County shall have available to it all remedies provided under the Franchise Documents and applicable law including, without limitation, revocation or termination of the Franchise.
Section 5. The County Administrator is hereby authorized to execute a Transfer Agreement as specified in this Resolution on behalf of the County.
In the regular meeting duly assembled on the 2 day of December 2003, Commissioner Xxxxxx offered the foregoing Resolution and moved its adoption, which was seconded by Commissioner Xxxxxxx and upon roll call the vote was:
AYES: Seel, Latvala, Stewart, Harris, Xxxxxxx and Xxxxx.
NAYS: None.
ABSENT AND NOT VOTING: Xxxx.
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GTE MEDIA VENTURES INCORPORATED FRANCHISE AGREEMENT
TABLE OF CONTENTS
SECTION 1. |
FINDINGS |
1 | ||
1.1. Criteria for Granting |
1 | |||
1.2. Effect of Competition |
2 | |||
SECTION 2. |
SHORT TITLE |
2 | ||
SECTION 3. |
INCORPORATION OF CABLE SYSTEM REGULATORY ORDINANCE; EXCEPTIONS |
2 | ||
3.1 Full Incorporation |
2 | |||
3.2 Exceptions |
2 | |||
3.2.1 Right to Renegotiate |
2 | |||
3.2.2 Exceptions to Mandatory Extension Rule |
3 | |||
A. Municipal Gaps |
3 | |||
B. Multiple Dwelling Unit Area |
3 | |||
C. Enclaves |
3 | |||
D. Internet and Like Services |
3 | |||
3.2.3 Audit Limitations |
3 | |||
SECTION 4. |
CONDITIONS AND TERM OF GRANT |
4 | ||
4.1 Granting of Franchise |
4 | |||
4.2 Conditions of Grant |
4 | |||
4.3 Length of Term |
4 | |||
SECTION 5. |
COMPLIANCE WITH OTHER LAWS; DISPUTE RESOLUTION |
4 | ||
5.1 Compliance With Laws and Standards |
4 | |||
5.2 Conflicts with Franchise Terms |
4 | |||
5.3 Challenge Provisions |
5 | |||
5.4 State of Execution |
5 | |||
SECTION 6. |
SECURITY |
5 | ||
6.1 Indemnification and Insurance Requirements |
5 | |||
6.2 Security Fund, Construction and Performance Bond |
5 | |||
6.2.1 Establishment |
5 | |||
6.2.2 Amount of Security Fund |
5 | |||
6.2.3 Assessment from Security Fund |
5 | |||
6.2.4 Non-waiver of Ordinance Requirements |
5 | |||
6.2.5 Procedure for Remedying Franchise Violations |
6 | |||
SECTION 7. |
PUBLIC, EDUCATIONAL AND GOVERNMENTAL (“PEG”) ACCESS |
6 | ||
7.1 PEG Generally |
6 | |||
7.1.1 Initial Grant |
6 | |||
7.1.2 Allocation of PEG Access Channel Capacity Generally |
6 | |||
A. Restrictions on Use |
6 | |||
i. Provision in Accordance with Applicable Law |
6 | |||
ii. Provision upon Request |
6 | |||
iii. Editorial Control |
7 | |||
iv. Number of PEG Channels Generally |
7 | |||
v. Leased Access |
7 |
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B. Grantee Use of PEG Channels |
7 | |||
C. Grantee Use of Unused Air Time on PEG Channels |
7 | |||
D. Change of Channel Designations |
7 | |||
7.1.3 Grantee Support for PEG Access and Institutional Network |
8 | |||
A. PEG Access and Institutional Network Support Payments |
8 | |||
i. No Offset Against Franchise Fees |
8 | |||
ii. PEG and Institutional Network Expenditures Not Subject to Review |
8 | |||
B. Government Access Coverage |
8 | |||
C. Early Termination |
8 | |||
7.1.4 Interconnection |
8 | |||
A. Interconnection Required |
8 | |||
B. Interconnection Procedure |
9 | |||
C. Relief |
9 | |||
D. Cooperation and Assistance Required |
9 | |||
E. Assure Future Interconnection Capability |
9 | |||
7.2 Government Access |
9 | |||
7.2.1 Channel Capacity |
9 | |||
A. Interactive Service |
10 | |||
B. Video Programming |
10 | |||
7.2.2 Acquisition and Distribution of Government Access Programming |
10 | |||
A. Government Access |
10 | |||
B. Emergency Operations Center |
10 | |||
7.2.3 Production Truck |
10 | |||
7.2.4 Basic Cable Service and Institutional Network Support |
11 | |||
A. Cable Connection to Public Agencies |
11 | |||
i. No Cost Initial Service |
11 | |||
ii. Connection Cost Payable for Remote Sites |
11 | |||
B. Internet Service |
11 | |||
7.3 Public Access |
11 | |||
7.3.1 Public Access Channels |
11 | |||
7.3.2 Acquisition and Distribution of Public Access Programming |
12 | |||
7.4 Education |
12 | |||
7.4.1 Education Channels |
12 | |||
7.4.2 Acquisition and Distribution of Educational Programming |
12 | |||
SECTION 8. |
PAYMENTS TO GRANTOR AND FINANCIAL RECORDS AND REPORTS |
12 | ||
8.1 Gross Revenue Reports |
12 | |||
8.1.1 Audits |
12 | |||
8.1.2 Document Maintenance and Retention |
13 | |||
8.1.3 Audit Limitations |
13 | |||
8.1.4 Payment of Audit Discrepancies |
13 | |||
8.2 Franchise Fees |
13 | |||
8.2.1 Monthly Report and Franchise Fee Payment |
13 | |||
8.2.2 Annual Report |
14 | |||
8.2.3 Other Reports |
14 | |||
8.3 Changes in the Franchise Fees |
14 | |||
SECTION 9. |
GRANTOR RIGHT TO PURCHASE FRANCHISE PROVIDED |
14 | ||
SECTION 10. |
ADDITIONAL REPORTS TO BE FILED BY GRANTEE |
15 | ||
10.1 Stockholder Report |
15 |
-ii-
10.2 Ownership Information |
15 | |||
SECTION 11. |
RATES TO BE CHARGED BY GRANTEE |
15 | ||
11.1 Regulatory Option Reserved |
15 | |||
11.2 Conflicts with State or Federal Law |
15 | |||
SECTION 12. |
QUALITY OF SERVICE |
15 | ||
SECTION 13. |
MAJOR SYSTEM ADDITIONS AFTER INITIAL CONSTRUCTION |
15 | ||
SECTION 14. |
GRANTEE’S RULES |
16 | ||
SECTION 15. |
FRANCHISE AREA; CONSTRUCTION |
16 | ||
15.1 Xxxxxxxxx Xxxx |
00 | |||
15.1.1 Residential Service |
16 | |||
15.1.2 Non-residential Service |
16 | |||
15.2 Xxxxxxxxxxxx |
00 | |||
XXXXXXX 00. |
ASSURING NONDISCRIMINATORY TREATMENT |
16 | ||
SECTION 17. |
CAPTIONS |
16 | ||
SECTION 18. |
SEVERABILITY |
17 | ||
SECTION 19. |
REPEALER |
17 | ||
SECTION 20. |
CONFLICTING ORDINANCES |
17 | ||
SECTION 21. |
EFFECTIVE DATE |
17 |
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PINELLAS COUNTY ORDINANCE NO. 99-106
AN ORDINANCE APPROVING A CABLE SYSTEM FRANCHISE AGREEMENT WHICH GRANTS A CABLE SYSTEM FRANCHISE TO GTE MEDIA VENTURES INCORPORATED; PROVIDING FOR INCORPORATION OF AND EXCEPTIONS TO THE CABLE SYSTEM REGULATORY ORDINANCE; PROVIDING FOR CONDITIONS TO AND A TERM OF TEN YEARS IN THE GRANT; PROVIDING FOR COMPLIANCE WITH OTHER LAWS AND DISPUTE RESOLUTION; PROVIDING FOR SECURITY; PROVIDING FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS INCLUDING ALLOCATION OF AND RESTRICTION ON USE OF CHANNEL CAPACITY; PROVIDING FOR GRANTEE SUPPORT OF PEG ACCESS AND INSTITUTIONAL NETWORKS, INTERCONNECTION, ACQUISITION AND DISTRIBUTION OF PEG ACCESS PROGRAMMING; PROVIDING FOR PAYMENTS TO GRANTOR AND FINANCIAL RECORDS AND REPORTS; PROVIDING GRANTOR A RIGHT TO PURCHASE THE SYSTEM; PROVIDING FOR ADDITIONAL REPORTS; PROVIDING FOR RATES TO BE CHARGED BY GRANTEE; PROVIDING FOR QUALITY OF SERVICE; PROVIDING FOR SYSTEM ADDITIONS; PROVIDING FOR GRANTEE RULES; PROVIDING FOR A FRANCHISE AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA:
SECTION 1. FINDINGS Unless otherwise defined herein or unless context clearly indicates to the contrary, all capitalized terms used herein shall have the same meaning as is ascribed to them in Chapter 30 of the Pinellas County Code, which is hereafter referred to as the “Cable System Regulatory Ordinance.” Pursuant to the procedures in the Cable Act, GRANTOR has held a public hearing in which:
1.1. Criteria for Granting The following criteria for granting a Cable System franchise to GRANTEE were considered;
1.1.1 whether GRANTEE has substantially complied with the material terms of the existing franchise and with applicable law; and
1.1.2 whether the quality of GRANTEE’s service, including signal quality, response to consumers’ complaints and billing practices but without regard to the mix or quality of cable or other services provided over the system, has been reasonable in light of community needs; and
1.1.3 whether GRANTEE has the financial, legal and technical ability to provide the services, facilities and equipment called for in this proposed ordinance; and
1.1.4 to the extent that this ordinance contains an offer on the part of GRANTEE, whether that offer is reasonable to meet future cable-related community needs and interests, taking into account the cost of meeting such needs.
1.2. Effect of Competition For purposes of Section 30-66.a.4 of the Cable System Regulatory Ordinance, this Franchise was negotiated under competitive conditions. GRANTEE has entered this Agreement with a full understanding that GRANTOR intends to encourage the development of competition.
GRANTOR has determined to grant a renewal Cable System franchise to GTE MEDIA VENTURES INCORPORATED (GRANTEE) on the terms and conditions set forth in this Ordinance, and GRANTEE agrees to such terms and conditions.
SECTION 2. SHORT TITLE This Ordinance shall be known and may be cited as the “GTE Media Ventures Incorporated Cable Franchise Ordinance” or referred to herein as “AGREEMENT” and is the Franchise Agreement for GRANTEE.
SECTION 3. INCORPORATION OF CABLE SYSTEM REGULATORY ORDINANCE; EXCEPTIONS
3.1 Full Incorporation The provisions of the Cable System Regulatory Ordinance are incorporated herein by reference as if set out in full, and form part of the terms and conditions of this AGREEMENT unless specifically modified or waived herein in this Section 3.
3.2 Exceptions Pursuant to Section 30-26.k.1 of the Cable System Regulatory Ordinance, the following provisions expressly govern over conflicting provisions in the Cable System Regulatory Ordinance.
3.2.1 Right to Renegotiate Upon a finding by the BOARD that there has been a loss of EFFECTIVE COMPETITION for any Franchise negotiated under competitive conditions, or a loss or substantial diminution of a material benefit to GRANTOR such as franchise fees, PEG access support or security, GRANTOR reserves the right to require good faith negotiation of new franchise terms. For purposes of this AGREEMENT:
A. In the event of a loss of effective competition, if GRANTEE fails to negotiate in good faith or if the negotiations fail, in the judgment of GRANTOR, reasonably exercised, GRANTOR may reduce the term to a term of three remaining years or the remaining unexpired term, whichever is shorter and require negotiations for a new FRANCHISE AGREEMENT. All terms of the FRANCHISE AGREEMENT shall remain unchanged except for the ability of GRANTOR to negotiate issues that the BOARD determines were both actively influenced by the competitive environment at the time of the negotiations and that were inadequate under the Franchise Agreement to meet the needs of GRANTOR.
B. In the event of a loss of franchise fees, PEG access support or security, all terms of the FRANCHISE AGREEMENT shall remain unchanged except for the ability to require good faith negotiation on the issue that was lost or substantially diminished.
2
3.2.2 Exceptions to Mandatory Extension Rule
A. Municipal Gaps GRANTOR acknowledges that there are areas within the FRANCHISE AREA that are accessible, for purposes of providing CABLE SERVICES, through contiguous areas(s) governed by authorities from whom GRANTEE has not obtained a franchise or other access rights. Accordingly, subject to the thresholds found in Section 15.1.l.C, below, GRANTOR agrees that such areas within the FRANCHISE AREA are not subject to the construction requirements of this franchise unless and until:
i. GRANTEE is granted adequate and acceptable franchise rights from the franchising authority for the relevant contiguous areas; or
ii. GRANTEE is granted access rights in the public right-of-way through the contiguous areas from the appropriate authority which provides GRANTEE access for purposes of providing CABLE SERVICES to these portions of the FRANCHISE AREA.
These areas include but are not limited to the areas as identified by GRANTOR and GRANTEE which are identified in Exhibit “A” and which may be modified as additional areas are identified or as such areas no longer qualify under this provision.
B. Multiple Dwelling Unit Area In areas where the predominant habitation consists of multiple dwelling unit complexes, to which the cable service is provided through exclusive contracts, GRANTEE shall not be required to provide but is not prevented from providing CABLE SERVICE until the remaining service contract term of that exclusive contract between the incumbent cable service provider and the complex owner expires.
C. Enclaves In municipal areas in which GRANTEE does not have a municipal franchise, contingent upon obtaining access through the municipality, on terms acceptable to GRANTEE, in its sole discretion which discretion shall not be unreasonably exercised, GRANTEE shall provide CABLE SERVICE to all enclaves of 300 or more residential units. Terms from a municipality that require that GRANTEE obtain a municipal franchise in order to obtain access to enclaves are not reasonable.
D. Internet and Like Services Subject to Section 30-3.2.c of the Pinellas County Code, for either residential or non-residential service, two-way or one way access to computer based on-line services including but not limited to Internet access need not be provided in portions of the Franchise Area in which GRANTEE or GRANTEE’S affiliate is otherwise providing broadband services or where GRANTEE has determined that provision of such access services is not technically or financially feasible. Grantee’s determination may not be either arbitrary or capricious.
3.2.3 Audit Limitations Notwithstanding the provisions of the Cable System Regulatory Ordinance to the contrary, in the event that audits conducted pursuant to this section reveal a
3
consistent pattern of underpayment, audits may be annual with the costs of the additional two audits being borne by GRANTEE. A consistent pattern of underpayment shall be defined as an underpayment of greater than 5% for two consecutive years out of any given five year period.
SECTION 4. CONDITIONS AND TERM OF GRANT
4.1 Granting of Franchise In accordance with the laws and regulations of the United States of America and the State of Florida and the ordinances and regulations of the County of Pinellas, Florida, now in effect or hereafter enacted, GRANTOR hereby grants to GRANTEE, the nonexclusive right and privilege to install, maintain and operate within the rights-of-way, except as hereinafter limited, of all public streets, parkways, alleys and utility easement strips within the Franchise Area, described in Section 15 of this Ordinance, herein for convenience called “street” or “streets,” cables and other conductors, not including antennas, with the necessary appurtenances; and, in addition, so to use and operate similar facilities or properties including, but not limited to, any public utility, rented or leased from other persons, including, but not limited to, other grantees franchised or permitted to do business in Pinellas County, for the construction, maintenance and operation of a Cable System.
4.2 Conditions of Grant Granting of this Franchise is subject to the terms and conditions of this AGREEMENT and the Cable System Regulatory Ordinance. Without limitation, neither party waives any rights it may have under State or Federal law.
4.3 Length of Term The term of the grant herein contained shall commence on the effective date of this Ordinance and shall continue for a term often (10) years.
SECTION 5. COMPLIANCE WITH OTHER LAWS; DISPUTE RESOLUTION
5.1 Compliance With Laws and Standards The construction, maintenance and operation of the cable system by GRANTEE shall be in full compliance with the National Electric Safety Code, as from time to time amended and revised, and with all other applicable rules and regulations now in effect or hereafter adopted by the Federal Communications Commission, the Florida Public Service Commission, the State of Florida, GRANTOR (limited as set forth in Section 5.3 below), or any other agency which now or hereafter has jurisdiction over the activities of GRANTEE.
5.2 Conflicts with Franchise Terms Subject to the waiver provisions of Section 30-66.b of the Cable System Regulatory Ordinance, any conflict between the provisions of this franchise and any other present or future lawful exercise of GRANTOR’S police powers shall be resolved in favor of the latter, except that any such exercise that is not of general application and which contains provisions inconsistent with this franchise shall prevail only if upon such exercise, GRANTOR has found an emergency to exist, constituting a danger to health, safety, property or
4
general welfare, or such exercise is required by law. In the event any exercise of GRANTOR’S police power creates circumstances which are not competitively neutral or nondiscriminatory with respect to a similarly situated franchised cable system operating within GRANTOR’S jurisdiction, it will not be enforced against GRANTEE to the extent necessary to maintain competitively neutral and nondiscriminatory treatment.
5.3 Challenge Provisions Nothing contained in this franchise shall impair any of the rights or remedies of GRANTOR or GRANTEE under applicable law or regulation, subject in each case to the terms and conditions of this franchise. GRANTOR or GRANTEE may challenge any provision of this franchise based on a change in law, should the law pertaining to a particular provision change subsequent to the adoption of this franchise.
5.4 State of Execution This franchise shall be construed to have been executed in Pinellas County, Florida.
SECTION 6. SECURITY
6.1 Indemnification and Insurance Requirements Indemnification and insurance requirements shall be as established through the Cable System Regulatory Ordinance.
6.2 Security Fund, Construction and Performance Bond Security fund requirements are established in the Cable System Regulatory Ordinance.
6.2.1 Establishment Within thirty (30) days after the effective date of this AGREEMENT, GRANTEE shall establish and provide to GRANTOR a security fund, as security for the faithful performance by GRANTEE of all material requirements of this AGREEMENT and of Chapter 30 of the Pinellas County Code. GRANTOR herein finds that GRANTEE has no established record of failure to comply with notices of noncompliance with its preceding franchise with GRANTOR or other franchising authorities under other franchise agreements and there are no outstanding noticed noncompliance issues, GRANTEE, subject to the provisions of the Cable System Regulatory Ordinance, may provide its initial security fund in the form of a performance bond.
6.2.2 Amount of Security Fund Regardless of the form of the security fund, the security fund shall be in the face amount of one hundred thousand dollars ($100,000.00), in form and substance acceptable to the County Attorney.
6.2.3. Assessment from Security Fund The Security Fund may be assessed by GRANTOR as provided for in the Cable TV Regulatory Ordinance.
6.2.4 Non-waiver of Ordinance Requirements Nothing herein shall be deemed a waiver of the normal permit and bonding requirements made of all contractors working within the Rights-of-Way.
5
6.2.5 Procedure for Remedying Franchise Violations The procedure for remedying violations of this Franchise Agreement shall be as provided in the Cable System Regulatory Ordinance.
SECTION 7. PUBLIC, EDUCATIONAL AND GOVERNMENTAL (“PEG”) ACCESS
7.1 PEG Generally At no cost to GRANTOR, GRANTEE shall promote ongoing community awareness of PEG access channels, public access facilities and training opportunities for public and educational access, at a minimum in its preview guide and in any program guides containing listings of the local off-air broadcast signals in GRANTEE’S Basic Service tier, provided that the publisher of any such program guide consents to the inclusion of information at no cost to GRANTEE; at no cost to GRANTOR (except for additional postage), concerning PEG access programming carried by GRANTEE based upon the good faith efforts of GRANTEE to secure such listings, in an annual xxxx stuffer supplied by GRANTOR, and in public service announcements supplied by GRANTOR, all in such places and at such times as GRANTEE in its sole discretion shall determine. GRANTEE shall provide GRANTOR, on reasonable request, with a summary of its activities in this regard.
7.1.1 Initial Grant GRANTEE shall provide GRANTOR with a one time grant in the amount of $96,764.85, payable to GRANTOR not later than thirty (30) days after enactment of this Franchise. Such grant shall be, in addition to the payments provided in Section 7.1.4(A). This payment is in full satisfaction of any and all claims which GRANTOR may have against GRANTEE with respect to the original grant of a Cable System franchise by GRANTOR to GRANTEE as the same has been extended from time to time through December 31, 1997. With respect to the time period December 31, 1997 through December 31, 1999 the initial grant resolves all PEG payment obligations under the initial franchise agreement and any extensions thereto.
7.1.2 Allocation of PEG Access Channel Capacity Generally
A. Restrictions on Use Any channel that is designated for public, government or educational access is (except as may hereinafter be provided) for those purposes only and not for commercial purposes and shall not contain advertising for commercial/non-governmental products or services. The solicitation and on air acknowledgment of funding for the purposes of producing material of a nature consistent with public, government or educational access programming shall not be construed as soliciting advertising in violation of this subsection.
i. Provision in Accordance with Applicable Law Any provision by GRANTEE and utilization by GRANTOR of these designated channels shall be in accordance with all applicable federal, state, and local laws.
ii. Provision upon Request Except for the four PEG channels being provided under the immediately preceding franchise agreement, GRANTEE is specifically not required to
6
provide a fifth PEG channel unless and until so requested by GRANTOR and not until the lowest tier of basic service [or that level of service on which PEG access channels are required by law to be located] is digital.
iii. Editorial Control Except as allowed under Federal law, GRANTEE shall not be responsible for editorial control of any public access programming.
iv. Number of PEG Channels Generally A maximum of five (5) channels may be required to be provided by GRANTEE. Said channels may be allocated among Public, Educational, or Government access as deemed appropriate by GRANTOR.
v. Leased Access At any time during the term of this AGREEMENT, GRANTEE agrees to negotiate with GRANTOR in good faith, on reasonably favorable terms, and on a nondiscriminatory basis for one (1) digital access channel on a leased access basis.
B. Grantee Use of PEG Channels Nothing in this Franchise Agreement shall impede GRANTEE’S use of unused public, government or educational access channel capacity for commercial purposes provided that Section 7.1.2.C is satisfied. GRANTEE shall have the right to assume use of any PEG access channel abandoned by GRANTOR. Abandonment shall be deemed to have occurred if GRANTOR, for other than technical reasons, fails to provide at least twenty (20) hours of non-repeat programming in any sixty (60) day period. Previous abandonment shall not preclude GRANTOR from subsequently requesting use of a PEG access channel and GRANTEE’S obligation under this franchise to provide such channel capacity shall resume.
C. Grantee Use of Unused Air Time on PEG Channels Unused air time on channels allocated to GRANTOR, including public, government access and educational channels, may be used by GRANTEE provided:
i. GRANTOR agrees to such use in writing; and
ii. GRANTEE and GRANTOR agree in writing to the schedule of such use.
Neither GRANTEE nor GRANTOR shall unreasonably withhold agreement.
D. Change of Channel Designations If GRANTEE decides to change the channel designations for PEG Access Channels, it must provide six months notice to GRANTOR prior to doing so, and shall reimburse GRANTOR and/or PEG users for any reasonable costs incurred for purchasing or modifying any equipment or for making logo changes necessitated solely by the channel designation changes. Alternatively, GRANTEE may choose to supply such equipment itself, provided such equipment is satisfactory to GRANTOR or PEG users. Under no circumstances will any single reimbursement costs incurred exceed $10,000.
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7.1.3 Grantee Support for PEG Access and Institutional Network
A. PEG Access and Institutional Network Support Payments For the term of the Franchise, GRANTEE shall pay to GRANTOR monthly support in the amount of $0.38 for each of GRANTEE’S unincorporated county area subscribers per month, based on the average number of GRANTEE’S unincorporated county SUBSCRIBERS for the preceding month. Of this $.38, $.28 is for PEG Access and $.10 is dedicated for and in lieu of providing an institutional network. These payments shall be paid to GRANTOR monthly concurrently with Franchise Fees. No sooner than the end of the fifth year of the franchise term, the support payments may be raised proportionally to a maximum of $.48 for each of GRANTEE’S unincorporated county area subscribers per month. The initial payment shall be for the month ending thirty days after the Franchise Agreement becomes effective.
i. No Offset Against Franchise Fees GRANTEE agrees that the support commitments required by this Section 7, or services in lieu of payments otherwise made for PEG access purposes, shall not be charged against any Franchise Fees due under this AGREEMENT. PEG access payments shall only be spent on PEG capital expenditures.
ii. PEG and Institutional Network Expenditures Not Subject to Review GRANTEE will not object to the expenditures of GRANTEE’S PEG Access support or of GRANTEE’S payments for an institutional network. GRANTEE hereby waives any right to attempt to recover these payments by way of an offset against the Franchise Fee based on the purpose for which GRANTOR decides to spend the PEG Access or Institutional Network support payments.
B. Government Access Coverage Government access programming shall be carried in all municipal franchise areas where GRANTEE provides Cable Service in Pinellas County unless specifically prohibited in the municipal franchise agreements. Any second channel of government access programming shall be carried in all municipal franchise areas where GRANTEE provides Cable Service in Pinellas County unless specifically prohibited in the municipal franchise agreements but only in lieu of a municipal government’s use of an otherwise available channel.
C. Early Termination In the event that GRANTEE’S franchise is either voluntarily or involuntarily terminated prior to the end of its ten year term, such termination shall not discharge GRANTEE from its obligation to pay all PEG Access Payments and Franchise Fees due and owing from GRANTEE up to and including the date of termination.
7.1.4 Interconnection
A. Interconnection Required It is preferred that all connection to origination points for PEG programming be direct rather than by interconnection. However to the extent that direct connection to an origination source cannot ensure PEG access county-wide, GRANTEE shall interconnect all PEG channels of its cable system with any or all other CATV systems in adjacent
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areas in the County, upon the directive of GRANTOR. Interconnection of systems may be done by direct cable connection, microwave link, satellite or other appropriate method as mutually determined by GRANTEE and any other relevant grantee. Agreement shall not be unreasonably withheld.
B. Interconnection Procedure Upon receiving the directive of GRANTOR to interconnect, GRANTEE shall immediately initiate good faith negotiations with the other affected grantees. Interconnection shall not be required unless the costs thereof are shared equitably by GRANTEE and the other affected grantees.
C. Relief GRANTEE may be granted reasonable extensions of time to interconnect or GRANTOR may rescind its order to interconnect upon petition by GRANTEE to GRANTOR. GRANTOR shall grant said petition if it finds that GRANTOR has negotiated in good faith and has failed to obtain an approval from the grantee of systems required for the proposed interconnection.
D. Cooperation and Assistance Required GRANTEE shall reasonably cooperate with any interconnection corporation, regional interconnection authority or city, county, state and federal regulatory agency which may be hereafter established for the purpose of regulating, financing or otherwise providing for the interconnection of cable systems beyond the boundaries of the County. GRANTOR shall render reasonable assistance to GRANTEE in obtaining the cooperation of other cable systems located in the County with GRANTEE’S interconnection efforts, and shall ensure an equitable sharing of the costs of interconnection among all grantees.
E. Assure Future Interconnection Capability
i. All cable systems receiving franchises to operate within the County shall use the standard frequency allocations for television signals.
ii. All cable systems are required to use signal processors at the headend for each television signal.
iii. GRANTOR also urges franchisees to provide local origination equipment that is compatible throughout the area so that video cassettes or videotapes can be shared by various systems.
7.2 Government Access
7.2.1 Channel Capacity GRANTEE shall designate one government access channel on the cable system. Pursuant to Section 7.1.2.C, capacity on the government access channel may be used by GRANTEE when it is not being used for government access purposes. During the term of the franchise, GRANTOR may, on an annual basis, review the need for any further channel capacity including interactive service all subject to the total channel limitations and conditions of Sections
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7.1.2.A.ii and 7.1.2.A.iv. GRANTEE, as promptly as reasonably possible, but in no event later than three (3) months after receipt of written determination of the need for an additional government channel shall provide the additional channel capacity. No utilization requirements shall apply to use of any available channel capacity for government access purposes.
A. Interactive Service Any determination by GRANTOR of the need for interactive utilization of channel capacity, either separate from or in conjunction with its budget hearings, must be based upon a public hearing held by GRANTOR on the need for such utilization in view of alternative forms of technology that may provide a similar interactive capacity in view of GRANTOR’s commitment to expend funds to utilize interactive capacity, availability, interface capability, and viewer accessibility. Any provision of interactive use of channel capacity shall be subject to GRANTEE’s technical feasibility assessment, a review of economic feasibility, and an understanding that channel capacity only is being provided. GRANTEE shall not be required to provide or pay for any plant facilities or equipment necessary to implement, use or maintain interactive use of this channel capacity.
B. Video Programming No utilization requirements shall apply to video use of any available channel capacity for government access purposes.
7.2.2 Acquisition and Distribution of Government Access Programming
A. Government Access GRANTEE will provide and maintain a feed path and the necessary equipment at GRANTEE’s head end and at the government access video distribution point to acquire and distribute the government access programming to basic subscribers in the franchised area. GRANTOR’s distribution point is presently located at Clearwater, Florida, but may change with six month’s notice to GRANTEE. It is anticipated that the location will be changed and GRANTEE shall pay for the reasonable costs to provide and maintain a feed path to the new facility. The reasonable costs of providing the feed path required of any subsequent moves from the new location shall be born by GRANTOR.
B. Emergency Operations Center It is anticipated that the location for the Pinellas County emergency operations center will be changed and GRANTEE shall pay for the reasonable costs to provide and maintain a live feed path from the new facility to GRANTOR’s government access video distribution point. The costs of providing the live feed path required of any subsequent moves from the new location shall be born by GRANTOR.
7.2.3 Production Truck GRANTEE shall provide GRANTOR with the use of its production truck for the sole purpose of providing government access programming for up to 16 hours per month free of charge. Use of the production truck includes a driver and mobile production assistance. Such use shall be non-cumulative and shall be subject to availability as determined by GRANTEE. Use of the production truck shall only be pursuant to a separate contract which shall detail the contractual obligations of the parties. Agreement to terms of such an agreement shall not be unreasonably withheld by either GRANTOR or GRANTEE.
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7.2.4 Basic Cable Service and Institutional Network Support
A. Cable Connection to Public Agencies
i. No Cost Initial Service GRANTEE shall, pursuant to this Agreement, subject to Section 3.2.2, and at no cost to the requesting public entity, provide installation of one cable system connection and the highest tier of basic service at one outlet only to all public agency facilities that are not served or have not agreed to be served by any other grantee at the time of the adoption of this AGREEMENT, including all GRANTOR-owned and GRANTOR-occupied buildings and facilities, and all state accredited educational institutions and public libraries. For the purposes of this AGREEMENT initially, the facilities listed in Exhibit “B” attached to this AGREEMENT, shall constitute the currently potentially eligible public facilities. Any facility utilized by GRANTOR or other public agency subsequent to the effective date of this AGREEMENT and not listed on Exhibit “B” shall receive the same connection and service as quickly as reasonably possible so long as such facility is located within 125 feet of GRANTEE’s Cable System.
ii. Connection Cost Payable for Remote Sites If GRANTOR or other public agency desires connection and service to a facility that is located beyond the 125-foot limitation, the connection shall be made and GRANTOR or other public agency as applicable, shall be obligated to reimburse GRANTEE’s connection costs on the basis of GRANTEE’s time and materials.
B. Internet Service If GRANTEE offers Internet access service to cable subscribers in the Franchise Area, GRANTEE, within three (3) months of commencement of such offering, shall provide to any requesting public agency GRANTOR-owned and GRANTOR-occupied buildings and facilities, and all state accredited educational institutions and public libraries, as many Internet access connections and appropriate cable modems as may be requested, based upon the lowest applicable commercially available Internet service rate for the initial installation and at the lowest applicable commercially available rate for additional commercial connections. All applicable rates shall be further discounted by twenty percent (20%). Any facility utilized by GRANTOR or other public agency subsequent to the effective date of this AGREEMENT and not listed on Exhibit “B” shall receive the same connection and service as quickly as reasonably possible so long as such facility is located within 125 feet of GRANTEE’s Cable System.
7.3 Public Access
7.3.1 Public Access Channels Subject to the total channel limitations of Sections 7.1.2.A.ii and 7.1.2.A.iv, GRANTEE shall provide public access educational channels at no charge for the transmission of public access programming. During the term of the franchise, GRANTOR may, on an annual basis, review the need for any further channel capacity. GRANTEE, as promptly as reasonably possible, but in no event later than three (3) months after receipt of written
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determination of the need for an additional public access channel shall provide the additional channel capacity. No utilization requirements shall apply to use of any available channel capacity for public access purposes.
7.3.2 Acquisition and Distribution of Public Access Programming GRANTEE will provide and maintain a feed path and the necessary equipment at GRANTEE’s head-end and at the public access video distribution point to acquire and distribute the public access programming to basic subscribers in the franchised area. GRANTOR’s distribution point is presently located at Clearwater, Florida, through interconnection with Time-Warner Entertainment Advance Xxxxxxxx Partnership facilities, but may change with six month’s prior written notice to GRANTEE. It is anticipated that the location will be changed and GRANTEE shall pay for the reasonable costs to provide and maintain a feed path to the new facility. The costs of providing the feed path required of any subsequent moves from the new location shall be born by GRANTOR.
7.4 Education
7.4.1 Education Channels Subject to the total channel limitations of Sections 7.1.2.A.ii and 7.1.2. A.iv, PEG Educational Channels shall be in addition to must carry channels. GRANTEE shall provide educational channels at no charge for the transmission of local educational programming. During the term of the franchise, GRANTOR may, on an annual basis, review the need for any further channel capacity including interactive service, subject to the requirements of Section 7.2.1.A. GRANTEE, as promptly as reasonably possible, but in no event later than three (3) months after receipt of written determination of the need for an additional education channel shall provide the additional channel capacity. No utilization requirements shall apply to use of any available channel capacity for education access purposes.
7.4.2 Acquisition and Distribution of Educational Programming GRANTEE will provide and maintain a feed path and the necessary equipment at GRANTEE’s head end and at each of the educational institution’s video distribution points to acquire and distribute each of the educational institutions’ educational access channels to basic subscribers in the franchised area. The educational institution’s distribution point shall be located at Clearwater and Largo, Florida, but may change with six month’s prior written notice to GRANTEE. The reasonable costs of providing the feed path required of any move to a location shall be born by the education facility.
SECTION 8. PAYMENTS TO GRANTOR AND FINANCIAL RECORDS AND REPORTS
8.1 Gross Revenue Reports
8.1.1 Audits Pursuant to the audit provisions of the Cable System Regulatory Ordinance, upon receipt of the written request of GRANTOR, GRANTEE shall provide, at a mutually agreeable time and location within Pinellas County, its books, ledgers, journals, accounts and records, wherein GRANTEE shall keep all entries necessary to reflect GROSS REVENUES from CABLE
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SERVICE provided within the Franchise Area and documentation of costs and payments of PEG obligations.
8.1.2 Document Maintenance and Retention Such documents, including permanent records, shall be kept and maintained in accordance with generally accepted accounting principles and shall be retained by GRANTEE for a minimum of four (4) years after the close of any audit engagement. All of the said documents shall, on written request of GRANTOR, be open for examination and audit during ordinary business hours.
8.1.3 Audit Limitations An audit may be performed in the event of an application for a transfer or a renewal. Such audit shall not count against the audits otherwise allowed under this Agreement.
8.1.4 Payment of Audit Discrepancies Any additional amount due to GRANTOR as a result of the audit shall be paid as provided for in the Cable System Regulatory Ordinance. In the event that any franchise payment or recomputed amount or unpaid portion, cost or penalty, is not made on or before the applicable due date, interest shall be charged as provided for in the Cable System Regulatory Ordinance.
8.2 Franchise Fees GRANTEE shall provide the following reports and payment to GRANTOR:
8.2.1 Monthly Report and Franchise Fee Payment On or before the 20th day of each month, during the term of the franchise granted herein, GRANTEE shall provide a report of all of GRANTEE’S Gross Revenues from cable service provided within the Franchise Area during the preceding month. Such report shall be certified by GRANTEE, and shall be accompanied by payment to GRANTOR of the amount of the franchise fee. Franchise fee payments shall be calculated at five percent (5%) of Gross Revenues from Cable Service with no adjustment made for the time value of money. The franchise fee statement submitted with each payment will contain the following information:
A. | Total number of basic subscribers in Franchise Area |
B. | Total actual gross revenue itemized by general service category. |
C. | Proposed write-offs, such as bad debt, and all proposed deductions from gross revenue. |
D. | When EFFECTIVE COMPETITION exists only the total actual gross revenue and proposed write-offs, such as bad debt, and all proposed deductions from gross revenue need be reported on a monthly basis. |
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8.2.2 Annual Report Within 180 days after the close of each fiscal year, GRANTOR shall be entitled to review and GRANTEE shall make available for review, a full accounting, prepared by a Certified Public Accountant or certified by a corporate officer, of Gross Revenues received and franchise fees paid by GRANTEE during the preceding fiscal year by supplying the full reporting of all revenue sources outlined in the report attached as Exhibit “C” or a mutually agreed upon substitute form. GRANTOR shall reconcile the contents of that report with the payments made pursuant to the monthly reports required under Section 8.2.1. GRANTOR shall be entitled to the payment of any shortfall and GRANTEE shall be entitled to a credit for any overage which shall be appropriately applied to either franchise fee or PEG payments in the coming year. In the last year of the Franchise term, if the franchise is not renewed, any credit shall be issued as a refund. Payment of any shortage or credit or refund of any overage shall be due no later than thirty (30) days from the date of a written notice from GRANTOR of the shortage or overage. In either event, GRANTOR shall issue written notice within thirty (30) days of GRANTOR’S reconciliation stated herein.
8.2.3 Other Reports Any other financial or statistical reports respecting homes passed, plant miles, number of subscribers, rates, and service calls completed within 24/48 hours, which GRANTOR from time to time may reasonably require by written notice to GRANTEE generally shall only be required in the event of a loss of EFFECTIVE COMPETITION in the FRANCHISE AREA. Issues such as homes passed, rates and service calls completed within 24/48 hours are expected to be monitored through EFFECTIVE COMPETITION. GRANTEE shall not be required to produce any reports that are not maintained in the ordinary course of business or that have been destroyed in the ordinary course of business.
8.3 Changes in the Franchise Fees In the event applicable legislation permits a franchise fee, in existing franchises, greater or less than 5%, GRANTOR agrees following ninety days prior written notice to raise or lower the franchise fee to a rate no higher than permitted by law. The franchise fee shall be no greater than the franchise fee imposed by GRANTOR upon any other cable operator operating a cable system within any portion of the FRANCHISE AREA. This Section 8.3 does not affect either GRANTOR’S or GRANTEE’S right to claim in the appropriate forum that greater or lesser franchise fees should be assessed based on applicable law.
SECTION 9. GRANTOR RIGHT TO PURCHASE FRANCHISE PROVIDED If GRANTEE does not seek renewal of its franchise upon expiration, or renewal is properly denied, or if earlier terminated by GRANTEE, pursuant to 47 U.S.C. Sections 546 et seq., as it may be amended from time to time, GRANTOR hereby reserves the right at the expiration of this franchise, and GRANTEE hereby grants GRANTOR the right, to purchase GRANTEE’S cable system operated within Pinellas County’s unincorporated boundary pursuant to 47 U.S.C. Section 547, as it may be amended from time to time.
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SECTION 10. ADDITIONAL REPORTS TO BE FILED BY GRANTEE
10.1 Stockholder Report If GRANTEE is a publicly-held corporation, GRANTEE shall file, upon request, a copy of its report to its stockholders.
10.2 Ownership Information GRANTEE shall provide, upon request, a current list of its owners, stockholders, and bondholders; provided, however, that this requirement shall be inapplicable if GRANTEE’S stock is listed on a national exchange.
SECTION 11. RATES TO BE CHARGED BY GRANTEE
11.1 Regulatory Option Reserved Should GRANTOR have, by virtue of a change in federal law subsequent to the date of enactment of this Franchise, the power, authority or right to approve any changes in subscriber rates or otherwise to regulate rates, it may take all appropriate regulatory actions to the extent such future enactment may specifically empower GRANTOR so to take.
11.2 Conflicts with State or Federal Law If in the future, the State of Florida, Federal Communications Commission (“FCC”) or other duly constituted authority regulates the rates of GRANTEE for the service provided for in this franchise, this section shall be of no effect to the extent of any conflict therewith during the period of time such federal or state regulation is in effect.
SECTION 12. QUALITY OF SERVICE GRANTEE expressly undertakes and agrees that it will at all times during the term hereof transmit signals of strength and quality, and use such materials and components, as are necessary to insure that GRANTEE’S subscribers will receive throughout the term hereof a quality of cable service in conformance with applicable FCC cable performance service standards.
SECTION 13. MAJOR SYSTEM ADDITIONS AFTER INITIAL CONSTRUCTION Before awarding any contract for the construction of any major (more than ten (10) consecutive plant miles) portion of its system in or under the Rights-of-Way or other GRANTOR-owned property, GRANTEE shall file with GRANTOR a performance bond in an amount reasonably established by GRANTOR from GRANTEE’S contractor, in a form and issued by a company satisfactory to GRANTOR, guaranteeing the completion of the work called for under such contract, and the payment of all claims for services, labor, or materials arising from or in connection with the work called for under such contract.
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SECTION 14. GRANTEE’S RULES GRANTEE shall have the authority to promulgate such rules, regulations, terms, and conditions governing the conduct of its business as shall be reasonably necessary to enable it to exercise its rights and to perform its obligations under this franchise ordinance, and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof and that a copy thereof shall be filed with the Clerk of Board Records, and shall thereafter be maintained current by GRANTEE.
XXXXXXX 00. XXXXXXXXX XXXX; CONSTRUCTION
15.1 Franchise Area
15.1.1 Residential Service GRANTEE shall provide service to all areas of the unincorporated Pinellas County (“FRANCHISE AREA”) as follows: GRANTEE shall make available cable service to all residential dwelling units where the density exceeds 20 residential dwelling units per linear mile.
15.1.2 Non-residential Service GRANTEE shall extend its CABLE SYSTEM and make CABLE SERVICE available to non-residential areas in the FRANCHISE AREA in any case where the non-residential SUBSCRIBER agrees to pay GRANTEE’S total incurred costs to make the extension. Provided, however, if the non-residential SUBSCRIBER is within one-hundred and twenty-five feet (125’) of the CABLE SYSTEM, the non-residential SUBSCRIBER shall pay only the normal installation fee.
15.2 Construction GRANTEE has certified that GRANTEE’S existing CABLE SYSTEM has been constructed consistent with the Section 15.1.1 and 15.1.2 and is documented in Exhibit “A”. If GRANTEE denies service or requires payment to provide service, GRANTEE shall provide a map of sufficient detail to allow determination of compliance with the mandatory extension provisions of the Cable System Regulatory Ordinance.
SECTION 16. ASSURING NONDISCRIMINATORY TREATMENT At the time of the adoption of this Agreement, the GRANTOR has not been able to complete its negotiations with Time Warner Entertainment Advance Xxxxxxxx Partnership [“TWE/AN”]. Pursuant to an agreement between the GRANTOR and GRANTEE adopted contemporaneously with the Adoption of this Agreement, and incorporated herein, any ultimate negotiation of the TWE/AN franchise assures that GRANTEE is not disadvantaged because of the negotiation period.
SECTION 17. CAPTIONS The section headings and captions contained herein are for convenience only and shall not be used to vary or interpret the terms of this Ordinance.
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SECTION 18. SEVERABILITY To the extent legally possible, if any court of competent jurisdiction shall determine that any provision of this Franchise is invalid, illegal, unenforceable, or otherwise prohibited, or if any federal or state governmental agency shall establish or interpret any law, rule or regulation to the effect that any material or substantial provision hereof becomes invalid, illegal, unenforceable or otherwise prohibited, such holding shall in no way affect the validity of the remaining portions of this Franchise.
SECTION 19. REPEALER Ordinance Number 96-70, the original franchise agreement is hereby repealed with the provision that if this Franchise Agreement is invalidated by a court of competent jurisdiction for any reason and subject to any right of appeal, that Ordinance Number, the original franchise agreement will be reinstated in its place for the purpose of maintaining Grantee’s franchised status, for an initial term on no more than 1 year during which both parties shall negotiate in good faith to develop and approve a substitute franchise agreement.
SECTION 20. CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict herewith shall be brought to the Board for its review and action. However, GRANTOR shall not hereby be deemed to have surrendered any part of its control over the streets, nor shall any other franchise granted to any other person, firm, or corporation be deemed to be repealed.
SECTION 21. EFFECTIVE DATE This Ordinance shall take effect upon GRANTEE’s filing with the Clerk of Board Records, its written acceptance of all of the terms and conditions hereof but no sooner than January 1, 2000.
END OF SUBSTANTIVE PROVISIONS, SIGNATURE PAGE TO FOLLOW
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[SEAL]
Attest | /s/ Illegible |
PINELLAS COUNTY | ||||||
Deputy Clerk |
BY: | /s/ Illegible | |
Chairman, Board of County Commissioners Pinellas County, Florida |
APPROVED AS TO FORM OFFICE OF COUNTY ATTORNEY | ||
By | /s/ Illegible | |
Attorney |
ACCEPTANCE
GRANTEE accepts and hereby agrees to be bound by all the terms and conditions of this franchise, including Exhibits A, B, and C attached hereto.
WITNESSES: |
GTE Media Ventures Incorporated | |||
/s/ Illegible |
/s/ Illegible | |||
Printed Name: |
Illegible |
As: President | ||||||
ATTEST: | /s/ N. XXXXX XXXXX | |||||||
N. XXXXX XXXXX ASSISTANT SECRETARY |
/s/ XXXX XXXXXXX |
Printed Name : Xxxx Xxxxxxx |
STATE OF FLORIDA COUNTY OF _________________ |
/s/ Illegible |
DATE 12/17/99 | ||||
APPROVED AS TO FORM |
||||||
N. XXXXX XXXXX, COUNSEL |
The foregoing instrument was acknowledged before me this 17th day of December, 1999, by Xxxxxx X. Sacobser, on behalf of GTE Media Ventures Incorporated, who is personally known to me or who produced as identification.
/s/ Illegible |
Notary Public |
/s/ Illegible |
Print Notary Name My Commission Expires: 01/20/02 |
[GRAPHIC] | Illegible __________ State of Taxes My Commission Expires 01-28-02 |
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[GRAPHIC]
EXHIBIT “A”
[GRAPHIC]
EXHIBIT “A”
Page 1
A |
B |
C |
D |
E |
F | |||||||
1 | CONSOLIDATED REQUIREMENTS FOR PINELLAS COUNTY I-NET | |||||||||||
2 |
TYPE |
FACILITY |
XXXXXX XXXXXXX |
XXXX |
XXX |
XXXXXXX | ||||||
0 | XXXXXXX | Xxxxxx Whitled (Administration) | 000 0xx Xx XX | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
0 | XXXXXXX | Xxxxxxxxxx / Xx Xxxxxxxxxx (Administration) | 3800 Xxxxxxxxx Xx | Clearwater | 34620 | Minor | ||||||
5 | AIRPORT | Clearwater Executive (Administration) | 0000 Xxxxxxxx Xx X | Xxxxxxxxxx | 00000 | Xxxxx | ||||||
6 | AIRPORT | Sheriff Hanger | 15250 Spadco Dr. | Clearwater | 34622 | Minor | ||||||
0 | XXXX XXXX | Xxxx xx Xxxxxxxx Xxxxx | 000 Xxxxxxxx Xx | Xxxxxxxx Xxxxx | 00000 | Minor | ||||||
0 | XXXX XXXX | Xxxx xx Xxxxxxxx Xxxxxx | 000 Xxxxxxxx Xx | Xxxxxxxx Xxxxxx | 00000 | Minor | ||||||
9 | CITY HALL | City of Dunedin | 750 Milwaukee | Dunedin | 34697 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxxxxx | 0000 00xx Xx X | Xxxxxxxx | 00000 | Xxxxx | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxxx Xxxxx Xxxxx | 0000 Xxxx Xxx Xx | Xxxxxx Xxxxx Xxxxx | 00000 | Minor | ||||||
12 | CITY HALL | City of Largo | 000 Xxxxx Xx XX | Xxxxx | 00000 | Minor | ||||||
13 | CITY HALL | City of Xxxxxxx Xxxxx | 000 Xxxxxxxxx Xx | Xxxxxxx Xxxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxxxx | 000 Xxxxx Xx | Xxxxxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxxxxx Xxxx | 0000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxxx Xxxxxx | 000 Xxxx Xx | Xxxxxx Xxxxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxxxxx | 0000 Xxxxx Xx | Xxxxxxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxx Xxxxxxxx | 0000 Xxxxxx Xx X | Xxxxx Xxxxxxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xx Xxxx Xxxxx | 0000 Xxxx Xxxxx Xx | Xx Xxxx Xxxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xx Xxxxxxxxxx | 000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxxx Xxxxxxx | 000 Xxxx Xx X | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxxxxx Xxxxxx | 000 000xx Xx | Xxxxxxxx Xxxxxx | 00000 | Minor | ||||||
23 | CITY HALL | Town of Belleair | 000 Xxxxx Xx Xxxx Xx | Xxxxxxxx | 00000 | Minor | ||||||
24 | CITY HALL | Town of Belleair Shore | No City Hall | Belleair Shore | 33786 | Minor | ||||||
25 | CITY HALL | Town of Indian Shores | 00000 Xxxx Xxxx | Xxxxxx Xxxxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxxxx Xxxx | 0000 00xx Xx X | Xxxxxxx Xxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxx Xxxxxxxxx Xxxxx | 000 000xx Xx | Xxxxx Xxxxxxxxx Xxxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxxxxxx Xxxxx | 000 000xx Xx | Xxxxxxxxx Xxxxx | 00000 | Minor | ||||||
00 | XXXX XXXX | Xxxx xx Xxxxxxxxx Xxxxxx | 00000 Xxxx Xx | Xxxxxxxxx Xxxxxx | 00000 | Xxxxx | ||||||
30 | CLERK | Mid County Traffic Court Records & Juvenile Assessment Center | 00000 00xx Xx X | Clearwater | 34622 | Intermediate | ||||||
00 | XXXXX | Xxxxxxxxxxx Xxxxx Records | 00000 00xx Xx X | Clearwater | 34622 | Intermediate | ||||||
32 | CLERK | Records Center (Clerk & Purchasing) | 00000 00xx Xx X | Clearwater | 34620 | Intermediate | ||||||
33 | CONSTRUCTION | Construction Licensing Board | 00000 Xxxxxxx Xx #000 | Xxxxx | 00000 | Minor | ||||||
34 | CONVENTION | Convention & Visitors Bureau | 0 Xxxxxxx Xx., Xxxxx X | Xx. Xxxxxxxxxx | 00000 | Minor | ||||||
35 | CORRECTIONS | Parole & Probation | 00000 Xxxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
36 | CORRECTIONS | Parole & Probation | 0000 X Xxxxxxxx Xxx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
37 | CORRECTIONS | Parole & Probation | 0000 X Xxx Xx | Xxxxx | 00000 | Minor | ||||||
38 | CORRECTIONS | Parole & Probation | 22nd Av S | St Petersburg | Minor | |||||||
39 | CORRECTIONS | Parole & Probation | 00000 XX 00 X Xxxxx 000 | Xxxx Xxxxxx | 00000 | Minor | ||||||
40 | CORRECTIONS | Parole & Probation | 0000 Xxxxxxxxx Xx (Xxxxx X) | Xxxxxxxxxx | 00000 | Minor | ||||||
41 | CORRECTIONS | Parole & Probation | 0000 Xxxxxxx Xxx | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
42 | CORRECTIONS | Parole & Probation | 000 Xxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
43 | CORRECTIONS | Parole & Probation | 0000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
44 | CORRECTIONS | Parole & Probation | 8050 Seminole Mall | Seminole | 34642 | Minor |
EXHIBIT “__” (1 of 10)
Page 2
A |
B |
C |
D |
E |
F | |||||||
45 | CORRECTIONS | Parole & Probation | 000 Xxxxxxx Xx | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
46 | COURT | Criminal Justice Center | 00000 00xx Xx X | Clearwater | 33762 | MAJOR | ||||||
47 | COURT | Judicial Building & Law Library | 000 0xx Xxx X | Xx Xxxxxxxxxx | 00000 | MAJOR | ||||||
00 | XXXXX | Xxx Xxxxx House | 000 Xxxxx Xx | Xxxxxxxxxx | 00000 | MAJOR | ||||||
49 | COURT | Public Defender Misdemeanor Division | 00000 00xx Xx | Clearwater | 34620 | Minor | ||||||
50 | COURT | Reporters, Official | 000 X Xx Xxxxxxxx | Xxxxxxxxxx | 00000 | Minor | ||||||
00 | XXXXX | Xxxxx Xxxxxx Xxxxx | 00000 XX 19 S Suite 430 | Clearwater | 34620 | Minor | ||||||
52 | ECONOMIC DEV | Economic Development Council & Sheriff’s K9 | 0000 Xxxxx Xxxxx Xx | Xxxxx | 00000 | Minor | ||||||
53 | ECONOMIC DEV | Economic Development Department | 00000 Xxxxxxxxx Xxxx., Xxxxx 000 | Clearwater | 33762 | Minor | ||||||
54 | EMS/FIRE | Mid County Site, Pinellas County EMS & Fire Administration | 00000 Xxxxxxxx Xx | Largo | 33774 | MAJOR | ||||||
55 | FIRE | Fire Admin-City of Dunedin | 0000 Xxxxxxxx Xx. | Xxxxxxx | 00000 | Minor | ||||||
56 | FIRE | Fire Admin-City of Largo | 000 Xxxxxxxxx Xx XX | Xxxxx | 00000 | Minor | ||||||
57 | FIRE | Fire Admin-City of Largo (Relocation in 1999) | 201 Highland Av | Largo | 34640 | Minor | ||||||
58 | FIRE | Fire Admin-City of St Petersburg | 000 XX Xxxx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
59 | FIRE | Fire Xxxxxxx 00 & 00 (Xx Xxxxxxxxxx) | 000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
60 | FIRE | Fire Station 02 (St Petersburg) | 0000 Xxxxxxxx Xxx Xxx | Tierra Verde | 33715 | Minor | ||||||
61 | FIRE | Fire Station 03 (St Petersburg) | 0000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
62 | FIRE | Fire Station 04 (St Petersburg) | 0000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
63 | FIRE | Fire Station 06 (St Petersburg) | 000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
64 | FIRE | Fire Station 07 (St Petersburg) | 0000 0xx Xx X | Clearwater | 33702 | Minor | ||||||
65 | FIRE | Fire Station 08 (St Petersburg) | 0000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
66 | FIRE | Fire Station 09 (St Petersburg) | 000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
67 | FIRE | Fire Station 10 (St Petersburg) | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
68 | FIRE | Fire Station 11 (St Petersburg) | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
69 | FIRE | Fire Station 12 (St Petersburg) | 0000 Xxxxx Xxxxxx Xx | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
70 | FIRE | Fire Station 13 (St Petersburg) | 00000 Xxxxxxxxx Xx | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
71 | FIRE | Fire Station 16 (Airport Crash Fire Rescue) | 00000 Xxxxxx Xx. | Clearwater | 34622 | Minor | ||||||
72 | FIRE | Fire Station 17 (Gulfport) | 0000 00xx Xx X | Xxxxxxxx | 00000 | Xxxxx | ||||||
73 | FIRE | Fire Station 18 (Lealman-Admin) | 0000 00xx Xxx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
74 | FIRE | Fire Station 19 (Lealman) | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
75 | FIRE | Fire Station 20 (So Pasadena-Admin) | 000 Xxxxxxxx Xxx X | Xxxxx Xxxxxxxx | 00000 | Minor | ||||||
76 | FIRE | Fire Station 22 (St Xxxx Beach) | 0000 Xxxx-X-Xxxxxx Xxx | Xx Xxxx Xxxxx | 00000 | Minor | ||||||
77 | FIRE | Fire Station 23 (St Xxxx Beach-Admin) | 0000 Xxxx Xx | Xx Xxxx Xxxxx | 00000 | Minor | ||||||
78 | FIRE | Fire Station 24 (Treasure Island-Admin) | 000 000xx XX | Xxxxxxxx Xxxxxx | 00000 | Minor | ||||||
79 | FIRE | Fire Station 25 (Madeira Beach-Admin) | 000 Xxxxxxxxx Xx | Xxxxxxx Xxxxx | 00000 | Minor | ||||||
80 | FIRE | Fire Station 26 (Redington Beach-Admin) | 000 000xx Xx | Xxxxxxxxx Xxxxx | 00000 | Minor | ||||||
81 | FIRE | Fire Station 27 (Indian Rocks-Admin) | 000 0xx Xx | Xxxxxx Xxxxx Xxxxx | 00000 | Minor | ||||||
82 | FIRE | Fire Station 28 (Indian Rocks) | 13501 94th Av N | Seminole | 34646 | Minor | ||||||
83 | FIRE | Fire Station 29 & Fire Admin (Seminole) | 11195 70th Av N | Seminole | 34642 | Minor | ||||||
84 | FIRE | Fire Station 30 (Seminole) | 8971 Slarkey Rd | Seminole | 34647 | Minor | ||||||
85 | FIRE | Fire Station 31 (Seminole) | 13091 88th Av N | Seminole | 34646 | Minor | ||||||
86 | FIRE | Fire Station 32 (Seminole) | 00000 000xx Xx X | Xxxxxxxx | 00000 | Minor | ||||||
87 | FIRE | Fire Station 33 (Pinellas Park) | 0000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
88 | FIRE | Fire Station 34 (Pinellas Park) | 0000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
89 | FIRE | Fire Station 35 (Pinellas Park-Admin) | 00000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
90 | FIRE | Fire Station 36 (Pinellas Park) | 00000 XxxxXX X | Xxxxxxxx Xxxx | 00000 | Minor |
(2 of 10)
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A |
B |
C |
D |
E |
F | |||||||
91 | FIRE |
Fire Station 37 (Largo) | 0000 Xxxx Xxx Xx | Xxxxxxxx Xxxxxx | 00000 | Minor | ||||||
92 | FIRE |
Fire Station 38 (Largo) | 0000 Xxxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
93 | FIRE |
Fire Station 39 (Largo) | 12398 000xx Xx X | Xxxxx | 00000 | Minor | ||||||
94 | FIRE |
Fire Station 40 (Largo) | 0000 Xxxxxxx Xx | Clearwater | 34620 | Minor | ||||||
95 | FIRE |
Fire Station 41 (Largo) | 000 0xx Xx., XX | Largo | 34640 | Minor | ||||||
96 | FIRE |
Fire Station 42 (Largo) | 000 X Xxxxxxx Xx X | Largo | 34641 | Minor | ||||||
97 | FIRE |
Fire Station 43 (Belleair Bluffs-Admin) | 000 Xxxxxx Xxxxx Xx | Xxxxxxxx Xxxxxx | 00000 | Minor | ||||||
98 | FIRE |
Fire Station 45 (Clearwater-Admin) | 000 Xxxxxxxx Xx | Clearwater | 34616 | Minor | ||||||
99 | FIRE |
Fire Station 46 (Clearwater) | 000 X Xxxxxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
100 | FIRE |
Fire Station 47 (Clearwater) | 0000 Xxxxxxxx Xx | Clearwater | 34616 | Minor | ||||||
101 | FIRE |
Fire Station 48 (Clearwater) | 1700 Xxxxxxx Xx N | Clearwater | 34625 | Minor | ||||||
102 | FIRE |
Fire Station 49 (Clearwater) | 520 Sky Harbor Dr. | Clearwater | 34619 | Minor | ||||||
103 | FIRE |
Fire Station 50 (Clearwater) | 2681 Countryside Bl | Clearwater | 34621 | Minor | ||||||
104 | FIRE |
Fire Station 52 (Safely Harbor-Admin) | 000 Xxxx Xx | Xxxxxx Xxxxxx | 00000 | Minor | ||||||
105 | FIRE |
Fire Station 53 (Safety Harbor) | 3095 XxXxxxxx Xxxxx Xx | Clearwater | 34621 | Minor | ||||||
106 | FIRE |
Fire Station 54 (Oldsmar-Admin) | 000 Xxxxx Xx | Xxxxxxx | 00000 | Minor | ||||||
107 | FIRE |
Fire Station 56 (East Lake) | 0000 Xxxx Xxxx Xx | Xxxx Xxxx | 00000 | Minor | ||||||
108 | FIRE |
Fire Station 57 (East Lake-Admin) | 0000 Xxxxxx Xxxx Xx | Xxxx Xxxx | 00000 | Minor | ||||||
109 | FIRE |
Fire Station 58 (East Lake) | 0000 Xxxxxxxx Xx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
110 | FIRE |
Fire Station 60 (Dunedin) | 0000 Xxxxxxxx Xx | Xxxxxxx | 00000 | Minor | ||||||
111 | FIRE |
Fire Station 61 (Dunedin) | 1941 Xx Xxxxxx Dr | Dunedin | 34698 | Minor | ||||||
112 | FIRE |
Fire Station 62 (Dunedin) | 0000 Xxxxxxx Xx | Xxxxxxx | 00000 | Minor | ||||||
113 | FIRE |
Fire Station 65 (Palm Harbor-Admin) | 000 Xxxx Xxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
114 | FIRE |
Fire Station 66 (Palm Harbor) | 0000 Xxxxxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
115 | FIRE |
Fire Station 67 (Palm Harbor) | 0000 Xxxxxxxxxx Xxxx | Xxxx Xxxxxx | 00000 | Minor | ||||||
116 | FIRE |
Fire Station 68 (Palm Harbor) | 3007 Alt XX 00 X | Xxxx Xxxxxx | 00000 | Minor | ||||||
117 | FIRE |
Fire Station 00 (Xxxxxx Xxxxxxx-Xxxxx) | 000 Xxxxx Xx X | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
118 | FIRE |
Fire Station 70 (Tarpon Springs) | 0000 Xxxx Xx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
119 | FLEET |
Fleet Management Administration | 0000 Xxxxxxxx Xx | Xxxxx | 00000 | Intermediate | ||||||
000 | XXXXX |
Xxxxx Xxxxxxxxxx Xxx Xxx-00xx Xx | 00000 46th N | Clearwater | 34620 | Minor | ||||||
121 | FLEET |
Fleet Management Sub Station 17 | 000 X Xx Xxxxxxxx Xxx | Xxxxxxxxxx | 00000 | Minor | ||||||
122 | FLEET |
Fleet Management-Field Services North | 0000 Xxxxxxx Xxx | Xxxx Xxxxxx | 00000 | Minor | ||||||
123 | FLEET |
Fleet Management-Field Services South | 0000 00xx Xxx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXX |
Xxxxx Xxxxxxxxxx-Xx Xxxxxx & Xxxx XxXxxx Xxxx | 0000 Xxxxxxxx Xxx Xxx | Xxxxxx Xxxxx | 00000 | Minor | ||||||
125 | GEN SVCS |
Gen Svc Facility Mgmt Mid-County Section | 00000 Xxxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
126 | GEN SVCS |
Gen Svc Facility Mgmt Warehouse | 00000 Xxxxxxxxx Xxxx | Xxxxxxxxxx | 00000 | Minor | ||||||
127 | GEN SVCS |
Gen Svcs Cabinet Xxxx | 0000 Xxxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
128 | HEALTH |
Clearwater Health Dept | 000 X Xxxxxx Xxx | Xxxxxxxxxx | 00000 | Minor | ||||||
129 | HEALTH |
Environmental Engineering Division | 0000 Xxxx Xxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
130 | HEALTH |
Geriatric Dental Clinic | 000 Xxxxx Xxx | Clearwater | 34616 | Minor | ||||||
131 | HEALTH |
Geriatric Dental Clinic | 0000 00xx Xxx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
132 | HEALTH |
Health Bldg. – Tarpon Springs | 000 X. Xxxxxxx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
133 | HEALTH |
Health Department – 000 Xxxxx Xxxx | 000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
134 | HEALTH |
Health Department Administration | 000 0xx Xxx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
135 | HEALTH |
Xxxxx Xxxxxx Xxxxxx | 00000 000xx Xx | Xxxxx | 00000 | Minor | ||||||
136 | HEALTH |
Pinellas Park Health Dept | 0000 00xx Xxx X | Xxxxxxxx Xxxx | 00000 | Minor |
(3 of 10)
Page 4
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B |
C |
D |
E |
F | |||||||
137 | HEALTH |
Pinellas Park Health Dept | 0000 00xx Xxx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
000 | XXXXXX |
Xx Xxxxxxxxxx Clinic | 000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXXX |
Xxxx Xxxxxxx Xxxxxxxxxx Museum | 000 00xx Xxxxxx | Xx. Xxxx Xxxxx | 00000 | Minor | ||||||
140 | HERITAGE |
Heritage Village - Museum | 00000 000xx Xxxxxx | Largo | 34644 | Minor | ||||||
000 | XXXXXXX |
Xxxxxxx Storm Water Div | 0000 000xx Xxx X | Xxxxxxxxxx | 00000 | Xxxxx | ||||||
000 | XXXXXXX |
Xxx Xxxx Xxxxxxx Xxxxxxxx, Survey Division & Fleet Mgt | 22211 US 19 N | Clearwater | 34625 | Minor | ||||||
000 | XXXXXXX |
Xxx Dept Mosquito Control & Fleet Mgt Sub Station | 0000 000xx Xxxxxx X | Xxxxxxxxxx | 00000 | Xxxxx | ||||||
000 | XXXXXXX |
Xxx Xxxx Xxxxxxxxx Xxxxxxxx | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXX |
Xxx Xxxx Xxxxxxxxx Xxxxxxxx | 00000 131st St N | Seminole | 34644 | Minor | ||||||
146 | HOSPITAL |
All Children’s | 000 0xx Xx. X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXXX |
Xxx Xxxxx XX | 00000 Xxx Xxxxx XX | Xxx Xxxxx | 00000 | Minor | ||||||
148 | HOSPITAL |
Bayfront Medical Center | 000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Intermediate | ||||||
000 | XXXXXXXX |
Xxxxxxxx Clearwater Community | 0000 Xxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXXX |
Xxxxxxxx Xxxxxx Xxxxx | 0000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
151 | HOSPITAL |
Columbia Xxxxx Xxxxxxx Xxxxxx | 000 00xx Xx XX | Xxxxx | 00000 | Minor | ||||||
000 | XXXXXXXX |
Xxxxxxxx Xxxxxxxxx Medical Center | 0000 00xx Xx X | Xxxxxxx | 00000 | Xxxxx | ||||||
000 | XXXXXXXX |
Xxxxxxxx Xx Xxxxxxxxxx Medical Center | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
154 | HOSPITAL |
Xxxxx Xxxxx | 0000 Xxxxxxxx Xx X | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
155 | HOSPITAL |
Xxxxx Countryside | 0000 XxXxxxxx Xxxxx Xx | Xxxxxx Xxxxxx | 00000 | Minor | ||||||
156 | HOSPITAL |
Xxxxx Dunedin | 000 Xxxx Xx | Xxxxxxx | 00000 | Minor | ||||||
157 | HOSPITAL |
Xxxxxx Plant | 000 Xxxxxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
158 | HOSPITAL |
Palms of Pasadena | 0000 Xxxxxxxx Xx X | Xxxxx Xxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXXX |
Xx Anthony’s | 0000 0xx Xxx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
160 | HOSPITAL |
Sun Coast Osteopathic | 0000 Xxxxxx Xxxxx Xx | Xxxxx | 00000 | Minor | ||||||
161 | HRS |
HRS Administration | 0000 000xx Xxx X | Clearwater | Minor | |||||||
162 | HRS |
HRS Child Support | 0000 X Xxxxxxx Xx | Clearwater | 34624 | Minor | ||||||
163 | HRS |
HRS Wildwood | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
164 | JUSTICE |
Justice Coord./Leg. Delegation | 000 Xxxxxxx Xx | Xxxxxxxxxx | 00000 | Xxxxx | ||||||
165 | JUVENILE |
Juvenile Welfare Board | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
166 | LIBRARY |
Clearwater (Beach) | 40 Causeway BI | Clearwater | 34630 | Minor | ||||||
167 | LIBRARY |
Clearwater (City) | 000 X Xxxxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
168 | LIBRARY |
Clearwater (Countryside) | 0000 XX 000 | Xxxxxxxxxx | 34623 | Minor | ||||||
169 | LIBRARY |
Clearwater (East) | 0000 Xxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
170 | LIBRARY |
Clearwater (Main) | 00 X Xxxxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
171 | LIBRARY |
Clearwater (N Greenwood) | 1250 Palmetto | Clearwater | 34616 | Minor | ||||||
000 | XXXXXXX |
Xxxx Xxxxxxx | 000 Xxxxxxxxx Xx | Xxxxxxx Xxxxx | 00000 | Minor | ||||||
173 | LIBRARY |
Gulfport Public | 5501 00 Xx X | Xxxxxxxx | 00000 | Xxxxx | ||||||
174 | LIBRARY |
Largo | 000 Xxxx Xxx Xx | Xxxxx | 00000 | Minor | ||||||
175 | XXXXXXX |
Xxx-Xxxxxxxxxx # 0 | 000 Xxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXX |
Xxxxxxx | 000 00xx Xx | Xxxxx | ||||||||
000 | XXXXXXX |
Xxxxxxx Xxxx | 000 Xxxxx Xx X | Xxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXX |
Xxxx Xxxxxx | 0000 Xxxxxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
000 | XXXXXXX |
Xxxxxxxx Xxxx | 0000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
180 | LIBRARY |
Pinellas Public Library CoOp | 00000 Xxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
181 | LIBRARY |
Safety Harbor | 000 0xx Xx X | Xxxxxx Xxxxxx | 00000 | Minor | ||||||
182 | LIBRARY |
Safety Harbor Public | 000 0xx Xx X | Xxxxxx Xxxxxx | 00000 | Minor |
(4 of 10)
Page 5
A |
X |
X |
X |
X |
X | |||||||
000 | XXXXXXX |
Xxxxxxxx Community | 0000 000xx Xx X | Xxxxxxxx | 00000 | Xxxxx | ||||||
184 | LIBRARY |
Seminole Library Association | 0000 000xx Xx X | Xxxxxxxx | 00000 | Xxxxx | ||||||
000 | XXXXXXX |
Xx Xxxxxxxxxx-Xxxxxx Branch | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXX |
Xx Xxxxxxxxxx-Xxxxxxx Branch | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXX |
Xx Xxxxxxxxxx-Xxxxxxx Xxxxx Condo Apts Assn. | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXX |
Xx Xxxxxxxxxx-Xxxxxx Xxxx | 000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXX |
Xx Xxxxxxxxxx-Xxxxxxxxx Branch | 0xx Xx & 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXX |
Xx Xxxxxxxxxx-Xxxxx Xxxxxx | 000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXX |
Xx Petersburg-Public (Main) | 0000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXX |
Xx Petersburg-Public/S. Branch | 0000 Xxxxxxx Xxxx Xxx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXX |
Xxxxxx Xxxxxxx | 000 Xxxxx Xx X | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
194 | LIBRARY |
Video Library | 00000 Xxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
195 | MED EXAMINER |
Medical Examiner’s Office | 00000 Xxxxxxxx Xx | Largo | 34648 | Minor | ||||||
196 | MULTI USER |
Criminal Justice Planning, Veterans Svcs, Prop Appraiser | 0000 Xxxxxxxxx Xx | Clearwater | 34615 | Minor | ||||||
197 | MULTI USER |
Xxxxx Xxxxxx Xxxxxxx Xxxxxx, Xxxxxxx Xxxxx Xxx-Xxxxxxx & Xxxxx | 00000 XX 19 N | Clearwater | 34621 | Intermediate | ||||||
198 | MULTI USER |
South County Service Clr | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Intermediate | ||||||
000 | XXXX |
Xxxxxxxx Xxxx | 00000 XX Xxx 00 X | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xxxxxxx Xxxxx Preserve - Office | 0000 Xxxx Xxxx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xxxx Xxxxxx Xxxx | 0000 Xxxxxx Xx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
202 | PARK |
Xxxx Xxxxxxxx Xx Xxxx | 0000 Xxxx Xxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xxxx Xxxxxxxx - Xxxxxxx | 0000 Xxxxxxxx Xxxx. | Xxxxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xxxx Xxxxxxxx Xxxx | 00000 00xx Xxx X | Xxxxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xxxxxxxx Xxxx | 0000 Xxxxxxxx Xxxx | Xxxxxx Xxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xxxxxxxxxx Xxxx | 00000 Xxxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xxxx Xxx Xxxx | 0000 Xxxx Xxxx | Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xxxxxxxx Xxxx Xxxx | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xxxxxx Xxxx | 1100 8thAve SW | Largo | 34640 | Minor | ||||||
000 | XXXX |
Xxxxxxxxxx Xxxx | 12620 000xx XX X | Xxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xxx Xxxxxxxx Xxxxxxxx Xxxx | 0000 Xxx Xxxxx Xxxx | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xxxxxx Xxxxxx Xxxxxxxx | 0000 Xxxxxx Xxxxxx Xx | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
213 | PC BLDGS |
Alcohol Rehabilitation Center | 0000 Xxx Xxxxxxxx Xx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
214 | PC BLDGS |
Alternative Human Services | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
215 | PC BLDGS |
County Annex Xxxx | 000 X Xx Xxxxxxxx Xxx | Xxxxxxxxxx | 00000 | Minor | ||||||
216 | PC BLDGS |
Housing and Construction Svcs | 000 Xxxxxxx Xxx | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XX XXXXX |
Xxxx Xxxxxx | 0000 000xx Xx X | Xxxxx | 00000 | Xxxxx | ||||||
000 | XX XXXXX |
Xx Xxxxxxxxxx Xxxxx | 0000 Xxxx Xxxx | Xx Xxxx Xxxxx | 00000 | Minor | ||||||
000 | XX XXXXX |
Xx Xxxxxxxxxx Optics | 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XX XXXXX |
Xxxxxxx Xxxx House | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
221 | PCSO |
Palm Harbor - Xxxxx Xxxx/Xxxxxxxx Xxx.& Xxx Xxxx Xxxxx Xxxxxxxx | 0000 Alt US 19 | Palm Harbor | 34683 | Minor | ||||||
222 | PCSO |
Sheriff - Dunedin | 000 Xxxxxx Xxxxxx | Xxxxxxx | Intermediate | |||||||
223 | PCSO |
Sheriff Detention and Corrections Bureau | 00000 00xx Xx X | Clearwater | 34622 | Minor | ||||||
224 | PCSO |
Sheriff Judicial Operations Bureau, Public Defender & Law Library | 0000 000xx Xxx X | Clearwater | 34620 | Minor | ||||||
225 | PCSO |
Sheriff Judicial Operations Bureau-Largo | 00000 Xxxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
226 | PCSO |
Sheriff Judicial Operations, Gen Svc & Reporters, Official | 000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
227 | PCSO |
Xxxxxxx Xxxxxx Xxxx 0 | 00000 Xxxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
228 | PCSO |
Xxxxxxx Xxxxxxx Xxxx 0 | 00000 Xxxxxxxx Xx | Xxxxx | 00000 | Minor |
(5 of 10)
Page 6
A |
B |
C |
D |
E |
F | |||||||
229 | PCSO | Sheriff Technical Services | 0000 000xx Xxx X | Clearwater | 34620 | Minor | ||||||
230 | PCSO | Sheriff Technical Services & Evidence Storage | 0000 000xx Xxx X | Clearwater | 34620 | Minor | ||||||
231 | PCSO | Sheriff Technical Services, Central Distribution & Evidence Storage | 0000 000xx Xxx X | Clearwater | 34620 | Minor | ||||||
232 | PCSO | Sheriff/Records Mgmt. | 0000 Xxxxxxxx Xxxx | Xxxxx | 00000 | Intermediate | ||||||
233 | PCSO | Sheriff’s Offices - Annex Building(#5) | 00000 Xxxxxxxx Xx. | Largo | 34648 | Minor | ||||||
234 | PCSO | Sheriff’s Offices - Xxxx. 000 (Main) Administration | 00000 Xxxxxxxx Xx. | Largo | 34648 | MAJOR | ||||||
235 | PCSO | Sheriff’s Offices - Xxxx. 000 (Xxx Maint) | 00000 Xxxxxxxx Xx. | Largo | 34648 | Minor | ||||||
236 | PCSO | Sheriff’s Offices - Xxxx. 000 (Radio) | 00000 Xxxxxxxx Xx. | Largo | 34648 | Minor | ||||||
237 | PCSO | Sheriff’s Offices - Xxxx. 000 (Personnel) | 00000 Xxxxxxxx Xx. | Largo | 34648 | Minor | ||||||
238 | PCSO | Sheriff’s Offices Bld7 - Facilities Mgmt. | 00000 Xxxxxxxx Xx. | Largo | 34648 | Minor | ||||||
239 | POLICE | Clearwater PD Headquarters | 000 Xxxxxx Xx | Xxxxxxxxxx | Minor | |||||||
240 | POLICE | Clearwater PD Substation (Beach) | 000 Xxxxxx | Xxxxxxxxxx Xxxxx | Minor | |||||||
241 | POLICE | Clearwater PD Substation (Xxxxxx Gardens) | 0000 Xxxxxxxxxx XX | Clearwater | 33759 | Minor | ||||||
242 | POLICE | Clearwater PD Substation (East) | 2851 XxXxxxxx-Xxxxx | Clearwater | 33761 | Minor | ||||||
243 | POLICE | Clearwater PD Substation (Kings Highway) | 0000 Xxxxx Xxxxxxx, Xxx 0 | Clearwater | Minor | |||||||
244 | POLICE | Clearwater PD Substation (NGNP) | 0000 X Xxxxxxxxx | Xxxxxxxxxx | 00000 | Minor | ||||||
245 | POLICE | Clearwater PD Substation (Old Bay) | 0000 X Xx Xxxxxxxx | Xxxxxxxxxx | 00000 | Minor | ||||||
246 | POLICE | Clearwater PD Substation (SGNP) | 0000 X Xxxxxxxxx | Xxxxxxxxxx | 00000 | Minor | ||||||
247 | POLICE | Largo PD Headquarters | 100 East Bay | Largo | Minor | |||||||
248 | POLICE | Largo PD Headquarters (Relocating in 1999) | 201 Highland Av | Largo | Minor | |||||||
249 | POLICE | Largo PD Substation (Alpha) | 13819 #B Walshingham Rd Largo FL | Xxxxx | Xxxxx | |||||||
000 | XXXXXX | Xxxxx PD Substation (Bravo) | 00000 Xxxxxxxx Xx #000 | Xxxxx | Xxxxx | |||||||
000 | XXXXXX | Xxxxx XX Xxxxxxxxxx (Xxxxx) | 0000 Xxxx Xxx Xxxxx Xxxxx XX | Largo | Minor | |||||||
252 | POLICE | Largo PD Substation (Echo) | 00000 Xxxxxxx Xx #0000 Xxxxx XX | Largo | Minor | |||||||
253 | POLICE | Largo PD Substation (NRC) | 0000 Xxxxxxxxxx - Xxxxx Xxxx | Largo | Minor | |||||||
000 | XXXXXX | Xx Xxxx Xxxxx PD Headquarters | 7701 Boca Ciega Dr | St Xxxx Beach | Minor | |||||||
000 | XXXXXX | Xx Xxxxxxxxxx PD | 0000 0xx Xxx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXX | Xx Xxxxxxxxxx PD Bartlell Park Center | 0000 0xx Xxxxxx X | Xx Xxxxxxxxxx | Minor | |||||||
000 | XXXXXX | Xx Xxxxxxxxxx XX Xxxxxx Plaza | 0000 00xx XX X | Xx Xxxxxxxxxx | Minor | |||||||
000 | XXXXXX | Xx Xxxxxxxxxx XX Xxxxxxxxx Resource Center | 0000 00xx Xxx X | Xx Xxxxxxxxxx | Minor | |||||||
000 | XXXXXX | Xx Xxxxxxxxxx PD Skyway Shopping Center Substation | 0000 00xx Xxx X | Xx Xxxxxxxxxx | Minor | |||||||
000 | XXXXXX | Xx Xxxxxxxxxx PD Sunrise | 0000 0xx XX X Xx Xxxx | Xx Xxxxxxxxxx | Minor | |||||||
000 | XXXXXX | Xx Xxxxxxxxxx PD Tyrone Garden Center Substation | 000 Xxxxxx Xxxx | Xx Xxxxxxxxxx | Minor | |||||||
000 | XXXXXX | Xxxxxx Xxxxxxx PD | 000 Xxxxx Xxxx Xx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
263 | POLICE | Treasure Island PD | 000 000xx Xx | Xxxxxxxx Xxxxxx | 00000 | Minor | ||||||
264 | POLICE | USF Campus PD | 000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
265 | POLICE | VA Police Dept | 00000 Xxx Xxxxx Xx | Xxx Xxxxx | 00000 | Minor | ||||||
266 | PROP APPR | Property Appr. - North County Xxxxxx | 00000 X.X. 00 X. | Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXX | XXXX Xxx Xxxxxxxxxxxxxx | 00000 49th St N | Clearwater | 33762 | Minor | ||||||
268 | PTEC | PTEC Clearwater Campus | 0000 000xx Xx X | Xxxxxxxxxx | 00000 | Xxxxx | ||||||
269 | PTEC | PTEC St Petersburg Campus | 000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
270 | PURCHASING | County Central Purchasing Warehouse | 00000 Xxxxxxxxx Xxxx | Xxxxxxxxxx | 00000 | Minor | ||||||
271 | RADIO SYSTEM | Bayfront Medical Center Radio Site | 000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | INT CRIT | ||||||
272 | RADIO SYSTEM | Court House Radio Site | 000 Xxxxx Xx | Xxxxxxxxxx | 00000 | INT CRIT | ||||||
273 | RADIO SYSTEM | Xxxxxxxx-Xxxxx Radio Site | 0000 Xxx Xxxxxxxx Xx | Xxxxxx Xxxxxxx | 00000 | INT CRIT | ||||||
274 | RADIO SYSTEM | Highway Division Radio Site | 22211 U.S. 19 N | Clearwater | 34625 | INT CRIT |
(6 of 10)
Page 7
A |
B |
C |
D |
E |
F | |||||||
275 | RADIO SYSTEM | Majestic Towers, Bldg A, Rooftop (PCSO Site) | 0000 Xxxxxxxx Xxx X | Xxxxx Xxxxxxxx | 00000 | Intermediate | ||||||
276 | RADIO SYSTEM | Majestic Towers, Bldg B Rooftop (County Site) | 0000 Xxxxxxxx Xxx X | Xxxxx Xxxxxxxx | 00000 | INT CRIT | ||||||
277 | RADIO SYSTEM | Ridgecrest Radio Site (Collocated at Mid County Site) | 00000 Xxxxxxxx Xx | Xxxxx | 00000 | INT CRIT | ||||||
278 | RADIO SYSTEM | Safety Harbor Radio Site | 0000 Xxxxx Xxxx 580 | Safety Harbor | 33763 | INT CRIT | ||||||
279 | RADIO SYSTEM | St Petersburg Radio Site | 000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | INT CRIT | ||||||
280 | RADIO SYSTEM | Tarpon Springs Radio Site | 0000 XX Xxx 00 X | Xxxx Xxxxxx | 00000 | INT CRIT | ||||||
281 | RADIO SYSTEM | Toytown Radio Site | 00000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | INT CRIT | ||||||
282 | SCHOOL | Xxxxx Elementary | 00000 Xxxxxx Xxxxx Xx | Largo | 33774 | Minor | ||||||
283 | SCHOOL | Azelia Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
284 | SCHOOL | Azelia Middle | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
285 | SCHOOL | Bardmoor Elementary | 0000 Xxxxxxxxxx Xx | Xxxxxxxx | 00000 | Minor | ||||||
286 | SCHOOL | Xxxxxx Elementary | 00000 00xx Xx X | Xxxxxxxx | 33776 | Minor | ||||||
287 | SCHOOL | Bay Point Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
288 | SCHOOL | Bay Point Middle | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
289 | SCHOOL | Bay Vista Fundamental Elementary | 0000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
290 | SCHOOL | Bear Creek Elementary | 000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
291 | SCHOOL | Xxxxxxx Elementary | 0000 X Xxxxxxx Xx | Clearwater | 33764 | Minor | ||||||
292 | SCHOOL | Belleair Elementary | 0000 Xxxxxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
293 | SCHOOL | Xxxxxxx Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
294 | SCHOOL | Boca Ciega High | 000 00xx Xxxxxx X | Xxxxxxxx | 00000 | Minor | ||||||
295 | SCHOOL | Xxxxxxx Creek Elementary | 0000 Xxxxxxxx | Xxxx Xxxxxx | 00000 | Minor | ||||||
296 | SCHOOL | Xxxxxxxx Park Elementary | 0000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
297 | SCHOOL | Xxxxxxx, Xxxxxx X., Middle | 0000 Xxxxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
000 | XXXXXX | Xxxxxxxxx Xxxxxx Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
299 | SCHOOL | Clearwater Discovery | 0000 Xxxxxxxx Xx | Clearwater | 33755 | Minor | ||||||
300 | SCHOOL | Clearwater High | 000 X Xxxxxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
301 | SCHOOL | Coachmen Fundamental Middle | 0000 XX Xxxxxxxx Xx | Clearwater | 33765 | Minor | ||||||
302 | SCHOOL | Countyrside High | 0000 Xxxxx Xxxx 000 | Xxxxxxxxxx | 33761 | Minor | ||||||
303 | SCHOOL | Cross Bayou Elementary | 0000 000xx Xx | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
304 | SCHOOL | Curlew Creek Elementary | 0000 Xxxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
305 | SCHOOL | Xxxxxx Fundamental Elementary | 0000 Xxxx Xx | Xxxxxxxxxx | 00000 | Xxxxx | ||||||
306 | SCHOOL | Cypress Xxxxx Elementary | 0000 Xxxxxxx Xxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
307 | SCHOOL | Xxxxx, Xxxxx X., Elementary | 0000 Xxxxxxxx Xx | Clearwater | 33761 | Minor | ||||||
308 | SCHOOL | Xxxxx Xxxxxxx Evening Adult Education Center | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
309 | SCHOOL | Dunedin Elementary | 000 Xxxxxxxx Xx | Xxxxxxx | 00000 | Minor | ||||||
310 | SCHOOL | Dunedin High | 0000 Xxxxxxxxx Xx | Xxxxxxx | 00000 | Minor | ||||||
311 | SCHOOL | Dunedin Highland Middle | 000 Xxxxx Xx | Xxxxxxx | 00000 | Minor | ||||||
312 | SCHOOL | East Lake High | 0000 Xxxxxx Xxxxx Xx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
313 | SCHOOL | Eisenhower Elementary | 00000 Xxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
314 | SCHOOL | Fairmont Park Elementary | 000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
315 | SCHOOL | Xxxxxxxxxx Middle | 0000 000xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
316 | SCHOOL | Forest Lakes Elementary | 000 Xxxx Xx | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
317 | SCHOOL | Frontier Elementary | 6995 Hopedale Land | Clearwater | 33764 | Minor | ||||||
318 | SCHOOL | Fuguitt Elementary | 13010 000xx Xx | Xxxxx | 00000 | Xxxxx | ||||||
319 | SCHOOL | Xxxxxxxx-Xxxxx Elementary | 0000 Xxxxxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
320 | SCHOOL | Xxxxx High | 000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
321 | SCHOOL | Gulf Beaches Elementary | 0000 Xxxx Xxxxx Xx | Xx Xxxxxxxxxx | 00000 | Minor |
(7 of 10)
Page 8
A |
B |
C |
D |
E |
F | |||||||
322 | SCHOOL |
Gulfport Elementary | 0000 00xx Xx X | Xxxxxxxx | 00000 | Minor | ||||||
323 | SCHOOL |
Xxxxxxxx District | 0000 00xx Xx X | Xxxxxxxx | 00000 | Minor | ||||||
324 | SCHOOL |
Xxxxxx, Xxxx, Exceptional Student Education Center | 0000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
325 | SCHOOL |
High Point Elementary | 0000 000xx Xx X | Xxxxxxxxxx | 00000 | Xxxxx | ||||||
326 | SCHOOL |
Highland Lakes Elementary | 0000 Xxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
327 | SCHOOL |
Xxxxxxxxx, Xxxxxx | 0000 Xxxxx Xxxx X | Clearwater | 33755 | Minor | ||||||
328 | SCHOOL |
Xxxxxxx Middle | 0000 Xxxxxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
329 | SCHOOL |
Kings Highway Elementary | 0000 Xxxxx Xxxxxxx | Xxxxxxxxxx | 00000 | Minor | ||||||
330 | SCHOOL |
Lake St. Xxxxxx Elementary | 0000 Xxxxxx Xx 00 | Xxxx Xxxxxx | 00000 | Minor | ||||||
331 | SCHOOL |
Lakeview Fundamental Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
332 | SCHOOL |
Lakewood Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
333 | SCHOOL |
Lakewood High | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
334 | SCHOOL |
Largo Central Elementary | 000 0xx Xx XX | Xxxxx | 00000 | Minor | ||||||
335 | SCHOOL |
Largo High/Teaching Arts | 000 Xxxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
336 | SCHOOL |
Xxxxx Xxxxxx | 000 0xx Xx XX | Xxxxx | 00000 | Minor | ||||||
337 | SCHOOL |
Lealman Avenue Elementary | 0000 00xx Xx X | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
338 | SCHOOL |
Lealman Discovery School | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
339 | SCHOOL |
Xxxxx Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
340 | SCHOOL |
Madeira Beach Elementary | 000 Xxxxxxx Xxxxx Xxxxxxxx | Xxxxxxx Xxxxx | 00000 | Minor | ||||||
341 | SCHOOL |
Madeira Beach Middle | 000 Xxxxxxx Xxxxx Xxxxxxxx | Xxxxxxx Xxxxx | 00000 | Minor | ||||||
342 | SCHOOL |
Maximo Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
343 | SCHOOL |
XxXxxxxx Xxxxx Elementary | 0000 Xxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
344 | SCHOOL |
Meadowlawn Middle | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
345 | SCHOOL |
Melrose Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
346 | SCHOOL |
Xxxxxxx Xxxxx Elementary | 000 X Xxxxxxxxxx/Xxxxx Xx | Xxxxx | 00000 | Minor | ||||||
347 | SCHOOL |
Mount Xxxxxx Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
348 | SCHOOL |
North Shore Elementary | 0000 Xxx Xx XX | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
349 | SCHOOL |
North Xxxx Elementary | 000 X Xx Xxxxxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
350 | SCHOOL |
North Xxxx School | 000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
351 | SCHOOL |
Northeast High & Northeast Community | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
352 | SCHOOL |
Northwest Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXX |
Xxx Xxxxx Middle | 0000 X Xxxxxxx Xx | Clearwater | 33764 | Minor | ||||||
354 | SCHOOL |
Oakhurst Elementary | 00000 000xx Xx X | Largo | 33774 | Minor | ||||||
355 | SCHOOL |
Oldsmar Elementary | 000 X Xxxxxxxxx Xx | Xxxxxxx | 00000 | Minor | ||||||
356 | SCHOOL |
Orange Grove Elementary | 00000 00xx Xx X | Xxxxxxxx | 33772 | Minor | ||||||
357 | SCHOOL |
Osceola High & Sixteenth Street Middle Magnet School | 0000 00xx Xx X | Xxxxxxxx | 33777 | Minor | ||||||
358 | SCHOOL |
Osceola Middle | 0000 00xx Xx X | Xxxxxxxx | 33777 | Minor | ||||||
359 | SCHOOL |
Ozona Elementary | 000 Xxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
360 | SCHOOL |
Palm Harbor Elementary | 000 00xx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
361 | SCHOOL |
Palm Harbor Middle | 0000 Xxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
362 | SCHOOL |
Palm Harbor University High | 0000 Xxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
363 | SCHOOL |
Pasadena Fundamental Elementary | 00 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
364 | SCHOOL |
Xxxxxxx Elementary | 0000 Xxxxxxxxxx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
365 | SCHOOL |
Pinellas Central Elementary | 00000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
366 | SCHOOL |
Pinellas Park Elementary | 0000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
367 | SCHOOL |
Pinellas Park High | 0000 000xx Xx X | Xxxxx | 00000 | Minor |
(8 of 10)
Page 9
A |
B |
C |
D |
E |
F | |||||||
368 |
SCHOOL |
Pinellas Park Middle | 0000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
369 |
SCHOOL |
Plumb Elementary | 0000 Xxxxxxxx Xx | Clearwater | 33764 | Minor | ||||||
370 |
SCHOOL |
Xxxxx de Xxxx Elementary | 0000 Xxxxx xx Xxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
371 |
SCHOOL |
Xxxxxxxx, Xxxxxxxx X Elementary | 0000 00xx Xx x | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
372 |
SCHOOL |
Ridgecrest Elementary | 0000 000xx Xx X | Largo | 33778 | Minor | ||||||
373 |
SCHOOL |
Rio Vista Elementary | 0000 Xxxxxx Xx XX | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
374 |
SCHOOL |
Xxxxxx Middle | 000 00xx XX XX | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
375 |
SCHOOL |
Xxxxxxxx, Xxxxxx X. Challenge School | 0000 Xxxxxxxx Xx | Clearwater | 33755 | Minor | ||||||
376 |
SCHOOL |
Safety Harbor Center - IBIS | 000 Xxx XX X | Xxxxxx Xxxxxx | 00000 | Minor | ||||||
377 |
SCHOOL |
Safety Harbor Elementary | 000 0xx Xx X | Xxxxxx Xxxxxx | 00000 | Minor | ||||||
378 |
SCHOOL |
Safety Harbor Middle | 000 0xx Xx X | Xxxxxx Xxxxxx | 00000 | Minor | ||||||
379 |
SCHOOL |
San Xxxx Elementary | 0000 Xxx Xxxxx Xx | Xxxxxxx | 00000 | Minor | ||||||
380 |
SCHOOL |
Xxxxxxx, Xxxxxxx X. School | 0000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
381 |
SCHOOL |
Xxxxx Lake Elementary | 0000 Xxxxx xxxx | Xxxxxxxxxx | 00000 | Minor | ||||||
382 |
SCHOOL |
Sawgrass Lake Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
383 |
SCHOOL |
School Board | 0000 Xxxxxxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
384 |
SCHOOL |
Seminole Elementary | 00000 00xx Xx X | Xxxxxxxx | 33772 | Minor | ||||||
385 |
SCHOOL |
Seminole High | 0000 000xx Xx X | Xxxxxxxx | 33776 | Minor | ||||||
386 |
SCHOOL |
Seminole Middle | 0000 000xx Xx X | Xxxxxxxx | 33776 | Minor | ||||||
387 |
SCHOOL |
Seminole Vocational Education Center | 12611 86th Av N | Seminole | 33776 | Minor | ||||||
388 |
SCHOOL |
Seventy-Fourth St Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
389 |
SCHOOL |
Xxxxxx Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
390 |
SCHOOL |
Shore Acres Elementary | 0000 00xx Xx XX | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
391 |
SCHOOL |
Sixteenth Street Middle Quality School | 0000 00xx XX X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
392 |
SCHOOL |
Skycrest Elementary | 00 X Xxxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
393 |
SCHOOL |
Skyview Elementary | 0000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
394 |
SCHOOL |
South Xxxx Elementary | 000 X Xx Xxxxxxxx XX | Xxxxxxxxxx | 00000 | Minor | ||||||
395 |
SCHOOL |
Southern Oak Elementary | 0000 Xxxxxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
396 |
SCHOOL |
Southside Fundamental Middle | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 |
XXXXXX |
Xx Xxxxxxxxxx Challenge | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 |
XXXXXX |
Xx Xxxxxxxxxx High | 0000 0xx Xxxxxx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
399 |
SCHOOL |
Xxxxxxx Elementary | 0000 00xx Xx X | Xxxxxxxx | 00000 | Xxxxx | ||||||
400 |
SCHOOL |
Xxxxxxxx, Jr., Xxxx X. Exceptional Student Ed Center | 0000 Xxxxxx Xx 000 | Xxxxxxxxxx | 00000 | Minor | ||||||
401 |
SCHOOL |
Sunset Hills Elementary | 0000 Xxxx Xx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
402 |
SCHOOL |
Xxxxxxxxxx Elementary | 0000 Xxxxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
403 |
SCHOOL |
Tarpon Springs Elementary | 000 X Xxxxxxx Xx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
404 |
SCHOOL |
Tarpon Springs Fundamental Elementary | 000 X Xxxxxxxx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
405 |
SCHOOL |
Tarpon Springs High | 0000 X Xxxx Xx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
406 |
SCHOOL |
Tarpon Springs Middle | 000 X Xxxxxxx Xx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
407 |
SCHOOL |
Tarpon Springs SOC SCVS | 00 X Xxxx Xxx | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
408 |
SCHOOL |
Xxxxxxxxx Adult Learning Center | 000 Xxxxxx Xxxx Xx | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
409 |
SCHOOL |
Xxxxxx Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
410 |
SCHOOL |
Xxxxxx Middle | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
411 |
SCHOOL |
Walsingham Elementary | 0000 Xxxxxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
412 |
SCHOOL |
Westgale Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
413 |
SCHOOL |
Woodlawn Elementary | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor |
(9 of 10)
Page 10
A |
B |
C |
D |
E |
F | |||||||
414 | SCHOOL BOARD |
Xxxxxxxx Environmental Education Center | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
415 | SCHOOL BOARD |
Druid Complex | 0000 X Xxxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
416 | SCHOOL BOARD |
Enterprise Village | 00000 Xxxxxxx Xx | Xxxxx | 00000 | Minor | ||||||
000 | XXXXXX XXXXX |
Xxxx Xxxxx Service Center | 0000 000xx Xx X | Xxxxxxxxxx | 00000 | Minor | ||||||
418 | SCHOOL BOARD |
P.C. Schools Administration | 000 0xx Xxxxxx XX | Xxxxx | 00000 | Minor | ||||||
419 | SCHOOL BOARD |
PC Council of PTAs | 0000 Xxxxxx Xx | Clearwater | 33765 | Minor | ||||||
420 | SCHOOL BOARD |
PC Education Foundation | 00000 XX 00 X, Xxxxx X000 | Xxxxxxxxxx | 00000 | Minor | ||||||
421 | SCHOOL BOARD |
Xxxxxxx, Xxxxxx, Service Center & Campus Police | 00000 Xxxxxxx Xx X | Xxxxx | 00000 | Minor | ||||||
422 | SCHOOL BOARD |
Risk Management and Insurance | 000 0xx Xx XX | Xxxxx | 00000 | Minor | ||||||
423 | SCHOOL BOARD |
School Operations/Student Services, Area I | 000 Xxxxxxxxxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
424 | SCHOOL BOARD |
School Operations/Student Services, Area II | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
425 | SCHOOL BOARD |
School Operations/Student Services, Area III | 0000 00xx Xx X | Xxxxxxxx | 00000 | Minor | ||||||
426 | SCHOOL BOARD |
St Petersburg Science Center | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
427 | SOCIAL SVCS |
Social Services Administration | 1100 Cleveland St. | Clearwater | 34615 | Minor | ||||||
428 | SOCIAL SVCS |
Social Services St Petersburg | 000 0xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
429 | SOCIAL SVCS |
Social Services-Tarpon Springs | 00 X Xxxx Xxx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xx Xxxxxxxxxx Junior College Administration | 0000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
000 | XXXX |
Xx Xxxxxxxxxx Junior College Health Education Ctr (EMS/CME) | 0000 00xx Xx X | Xxxxxxxx Xxxx | 00000 | Minor | ||||||
000 | XXXX |
Xx Xxxxxxxxxx Junior College/AllState Center | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xx Xxxxxxxxxx Junior College/Clearwater Campus | 0000 Xxxx Xx | Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xx Xxxxxxxxxx Junior College/St Petersburg Campus | 0000 0xx Xxx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXX |
Xx Xxxxxxxxxx Junior College/Tarpon Springs Campus | 000 Xxxxxxxxxx Xx | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
436 | SPJC |
Tax Collector-North County Branch | 29399 U.S. 19 N. | Clearwater | 34621 | Minor | ||||||
437 | TAX COLL |
Tax Collector-Clearwater Branch | 1663 Gulf to Xxx Xxxxxxxxx | Xxxxxxxxxx | 00000 | Minor | ||||||
438 | TAX COLL |
Tax Collector-Mid County Branch | 0000 Xxxxx Xxxxx Xx. | Largo | 34647 | Minor | ||||||
439 | UTILITIES |
Capri Isle Pump Station | 00000 0xx Xx. X. | Xxxxxxxx Xxxxxx | 00000 | Minor | ||||||
440 | UTILITIES |
Indian Rocks Yard (Fleet & Utilities) | 11700 Xxxxxx BI | Largo | 34644 | Minor | ||||||
441 | UTILITIES |
Xxxxxx Pumping Station | 0000 Xxxxxx Xxx | Xxxxxx Xxxxxxx | 00000 | Minor | ||||||
442 | UTILITIES |
Xxxxx Pumping Xxxxxxx Xxxxxxxxxxxxxx | 0000 Xxxxx Xx | Xxxxx | 00000 | Minor | ||||||
000 | XXXXXXXXX |
XxXxx Xxxxx WWTP | 00000 000xx Xxx X | Xxxxx | 00000 | Minor | ||||||
000 | XXXXXXXXX |
Xxxxx Xxxxxxx Xxxxxxx | XX 000 & X.X. Xxx. 00 | Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXXXX |
Xxxxx Xxxx Package WWTP | 0000 Xxxxxxxxxxx Xx | Xxxx Xxxxxx | 00000 | Minor | ||||||
446 | UTILITIES |
North Pinellas WWTP | 0000 X X Xxx 00 X | Xxxx Xxxxxx | 00000 | Minor | ||||||
447 | UTILITIES |
Oakhursl Pumping Station | 00000 00xx Xxx X | Xxxxxxxx | 00000 | Minor | ||||||
448 | UTILITIES |
Sold Waste Administration | 0000 000xx Xx X | Xx. Xxxxxxxxxx | 00000 | Minor | ||||||
449 | UTILITIES |
Solid Waste | 0000 000xx Xxx X. | Xx. Xxxxxxxxxx | 00000 | Minor | ||||||
450 | UTILITIES |
Solid Waste | 0000 000xx Xxxxxx X. | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
000 | XXXXXXXXX |
Xxxxx Xxxxx Bayou WWTP | 0000 00xx Xx X | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
452 | UTILITIES |
Stormwtr/IRR Pump Station | 11410 00xx Xxxxxx X. | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
453 | UTILITIES |
Tire Shear Area (Solid Waste) | 0000 000xx Xxxxxx X. | Xx. Xxxxxxxxxx | 00000 | Minor | ||||||
454 | UTILITIES |
Utilities Cust. Svc., North | 0000 Xxxxx Xx. | Xxxx Xxxxxx | 00000 | Minor | ||||||
455 | UTILITIES |
Well House (58) | 0000 Xxxxxxxx Xx | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
456 | VETERANS |
Veterans Services St Petersburg | 0000 0xx Xxx X. Xxxxx 000 | Xx Xxxxxxxxxx | 00000 | Minor | ||||||
457 | ||||||||||||
458 | ||||||||||||
459 |
(10 of 10)
Franchise Fee
Pinellas County Franchise Fee Schedule
For the Month of:
Cable Service: |
||
(i.e. Basic, Expanded, Premium) |
||
Other Services: |
||
(i.e. Pay Per View, Installation, Equipment Rental) |
||
Miscellaneous Revenue: |
||
(i.e. Late Charges, Other Revenues) |
||
Less Collection of Sales Tax |
||
Net Receipts |
||
Franchise Fees Collected |
||
Other Income: |
||
i.e. Advertising, Studio Production, Leased Access, Shopping Revenue) |
||
Total receipts subject to calculation |
||
Franchise fee rate |
x 0.05 | |
Franchise fees due Pinellas County |
EXHIBIT “C”
No. 28 (1)
BCC 12-14-99
9.30 A.M. DAY
#28 | ORDINANCE NO. 99-106 ADOPTED APPROVING A. CABLE SYSTEM FRANCHISE AGREEMENT WHICH GRANTS A CABLE SYSTEM FRANCHISE TO GTE MEDIA VENTURES INCORPORATED FOR A TEN-YEAR PERIOD; AGREEMENT FOR NON-DISCRIMINATORY TREATMENT - APPROVED FOR EXECUTION |
Pursuant to legal notice published in the December 3, 1999 issue of the St. Petersburg Times as evidenced by publisher’s affidavit filed with the Clerk, public hearing was held on a proposed ordinance approving a cable television system franchise agreement which grants a cable system franchise to GTE Media Ventures Incorporated for a ten-year period. Chief Deputy Clerk C. R. Short reported that no correspondence relative to the proposed ordinance has been received; and that the matter is property before the Board to be heard.
County Administrator Xxxx X. Xxxxxxx stated that staff recommends approval of the proposed ordinance together with an Agreement for Non-Discriminatory Treatment with GTE Media Ventures Incorporated.
Xxxx Xxxxxxx, Telecommunications & Management Corporation, related that the franchise agreement is for a ten-year period and provides for an additional ten cents per subscriber monthly fee which would be allocated for institutional network services.
Chief Assistant County Attorney Xxxxx X. Xxxxxxx provided the members with a copy of a draft of the proposed ordinance and described the minor changes with which GTE has concurred; and in response to queries by the members, he indicated that the initial grant in the amount of $96,764.85 represents the Public, Educational and Governmental (PEG) Access obligations required of GTE through December 31, 1999; and that the Agreement for Non-Discriminatory Treatment provides for GTE’s obligations to be placed at a competitive level equal with Time Warner’s obligations and contains no significant concessions by the County.
In response to the Chairman’s call for persons wishing to speak, the following persons appeared and offered their comments:
Xxxxxx Xxxxxx, President, Pinellas Public Access Television
Xxxxx Xxxxxx Coeymen, 0000 00xx Xxxxxx Xxxxx, Xx. Xxxxxxxxxx
No. 28 (2)
BCC 12-14-99
9.30 A.M. DAY
Following discussion, Commissioner Xxxxxxx moved, seconded by Commissioner Xxxxxx, that Ordinance No. 99-106 be adopted as recommended by the County Administrator. Upon roll call, the vote was:
Ayes: Parks, Stewart, Xxxx and Xxxxxx.
Nays: Xxxx.
Absent and not voting: None.
[GRAPHIC]
COMMISSIONERS XXXXXX XXXXX - CHAIRMAN XXXXXX X. XXXXXXX - VICE CHAIRMAN XXXXXX X. XXXXXX XXXXX XXXXXXXX XXXX XXXXXXX XXXXX XXXX |
BOARD OF COUNTY COMMISSIONERS PINELLAS COUNTY, FLORIDA
315 COURT STREET CLEARWATER, FLORIDA 00000
XXXXX: (000) 000-0000 FAX: (000) 000-0000
XXXXX X. CHURUT1 COUNTY ATTORNEY |
December 28, 1999
Xxxxx Xxxxxx
GTE Media Ventures, Inc.
000 Xxxxxx Xxxxx
Xxxxxx, XX 00000
RE: | Franchise Agreements |
Dear Xxxx:
Enclosed is a transmittal letter from the Clerk to the Secretary of State requesting immediate filing of the Franchise Agreement Ordinance with that office. Also enclosed are minutes from the meeting and executed copies of the both the Franchise Agreement and the Agreement for Non-Discriminatory Treatment. I have also placed in the Agreement a reduced copy of Exhibit A as well as a full-sized copy.
Please feel free to call if you have any questions.
Sincerely,
/s/ Xxxxx X. Xxxxxxx |
Xxxxx X. Xxxxxxx Chief Assistant County Attorney |
JLB/kem
enclosures
RECEIVED
JAN 12 2000
[GRAPHIC] | BOARD OF COUNTY COMMISSIONERS | |
PINELLAS COUNTY, FLORIDA | ||
000 XXXXX XXXXXX | ||
XXXXXXX X. XX XXXXXX | XXXXXXXXXX, XXXXXXX 00000 | |
CLERK OF BOARD OF COUNTY COMMISSIONERS | ||
CLERK OF WATER AND NAVIGATION CONTROL AUTHORITY | Federal Express | |
COUNTY AUDITOR AND TREASURER | Airbill No. 9390502225 | |
December 28, 1999 |
RECEIVED
DEC 28 1999
COUNTY ATTORNEY
Liz Cloud, Chief
Bureau of Administrative Code
Department of State
000 Xxxxx Xxxxxx Xxxxxx
Xxx Xxxxxx Xxxxxxxx
Xxxxxxxxxxx, XX 00000-0000
Dear Mrs. Cloud:
Enclosed herewith are certified copies of Ordinance No. 99-106, adopted by the Pinellas County Board of County Commissioners at its meeting held on December 14, 1999.
Please return one receipted copy of the ordinance to Xxxxx X. Xxxx, Deputy Clerk, Board Records Department, Pinellas County Courthouse, 000 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxx 00000.
Very truly yours, | ||
XXXXXXX X. Xx XXXXXX, CLERK | ||
By: | /s/ Xxxxx X. Xxxx | |
Xxxxx X. Xxxx, Deputy Clerk |
LRR/ht
c: Xxxxx Xxxxxxx, Chief Assistant County Attorney w/o enc.
TO: |
The Honorable Chairman and Members of the Board of County Commissioners |
_______ 11/21/__ _23 |
/s/ D. Gay Lancaster |
FROM: |
D. Gay Lancaster Interim County Administrator | |
DISTR.: |
Department of Public Affairs | |
RE: |
Approval and Execution of Production Truck Usage Agreement | |
DATE: |
November 21, 2000 |
RECOMMENDATION:
I RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND EXECUTE THE ATTACHED PRODUCTION TRUCK USAGE AGREEMENT WITH VERIZON MEDIA VENTURES, INC.
DISCUSSION:
Section 7.2.3 of the GTE (now Verizon) Media Ventures, Inc. Cable Franchise Agreement provides that the Grantee (Verizon) will furnish Pinellas County with use of its production truck for government access programming and that the terms of this Agreement will be set out in a separate Agreement. That Agreement is attached.
The provisions of this Agreement allow up to 16 hours per month of free use of the production truck within the limits set by the Agreement. Pinellas County may use the truck between the hours of 8:00 a.m.-5:00 p.m. Monday through Friday with exceptions for after-hour and week-end usage. Furthermore, Pinellas County will receive extra usage time where Verizon is unable to accommodate Pinellas County’s schedule.
Overall, this Agreement closes one of the final open issues regarding the Cable Franchise Agreement. Therefore, I recommend that the Board of County Commissioners approve and execute the attached Production Truck Usage Agreement with Verizon Media Ventures, Inc.
DGL.CEB/rc
Att.
RECEIVED BY
OCT 10 2000
PUBLIC AFFAIRS
OCT 16 2000
RISK MANAGEMENT
CONTRACT REVIEW TRANSMITTAL SLIP
PROJECT: PRODUCTION TRUCK USAGE AGREEMENT
BID NUMBER: _________
TYPE: |
¨ Purchase Contract | ¨ Construction - Less Than $100,000 | ||
þ Other: Illegible |
In accordance with the policy guide for Contract Administration, the attached documents are submitted for your review and comment.
Upon completion of your review, please complete the Contract Review Transmittal Slip below and forward to the next Review Authority on the list. Please indicate suggested changes by revising, in RED, the appropriate section of the documents to reflect the exact wording of the desired change.
RISK MANAGEMANT: Please enter required liability coverage on pages:
This is an annual/semi-annual required contract. Estimated annual/semi-annual expenditure:
REVIEW SEQUENCE |
REVIEW AUTHORITY |
REVIEW DATE |
REVIEW SIGNATURE |
COMMENTS (Attach | ||||
1. | Originator (Public Affairs) |
10-13-00 | Illegible | _________________ | ||||
2. | Risk Management | 10/16/00 | Illegible | _________________ | ||||
3. | Audit/Finance | 10/18/00 | Illegible | _________________ | ||||
4. | County Administrator (Xxxxx Xxxxxx) |
10/18/00 | SBC | _________________ | ||||
5. | Legal | 10/27/00 | Illegible | _________________ |
NOTICE: THIS REVIEW PROCESS MUST BE COMPLETED BY: ASAP.
RETURN TO: Xxxx X. Xxxxx, Xx., Assistant County Attorney
RECEIVED
OCT 19 2000
COUNTY ATTORNEY.
RECEIVED
OCT 17 2000
FINANCE ADMIN.
OCT 19 2000
PRODUCTION TRUCK USAGE AGREEMENT
THIS PRODUCTION TRUCK USAGE AGREEMENT (“AGREEMENT”), made and entered into this day of , 2000, by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter called “the County” and VERIZON MEDIA VENTURES INC. f/k/a GTE MEDIA VENTURES INCORPORATED, hereinafter called “VERIZON”. The County and GTE may be referred to herein collectively as the “Parties” and individually as a “Party.”
W I T N E S S E T H:
WHEREAS, the County has entered into a Cable System Franchise Agreement with VERIZON.
WHEREAS, Section 7.2.3. of the Cable System Franchise Agreement provides the County with access to a VERIZON Production Truck; and
WHEREAS, the County desires to begin using this Production Truck in order to facilitate further programs on its Government access channel.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows:
Section 1. | Term of Agreement. |
This Agreement will be effective for a period not to exceed the termination or expiration date of the abovementioned Cable System Franchise Agreement between the County and VERIZON.
Section 2. | Scope of Commitment. |
VERIZON shall provide the use of a Production Truck, consistent with Section 7.2.3. of the Cable System Franchise Agreement to individuals authorized by the Pinellas County Department of Public Affairs, who are County employees at least 18 years of age. Use of the Production Truck, including driver and mobile production assistance, shall, in all instances, be limited to County government access channel programming, and only made available Monday through Friday between the hours of 8 a.m. and 5 p.m. (Eastern Standard Time) excluding national holidays recognized by VERIZON, for no more than eight (8) hours per day and confined to operating within the boundaries of the County, except that the County may use the Production Truck once per calendar quarter on a weeknight . Monday through Friday between the hours of 5:00 p.m. and 12:00 a.m. (Eastern Standard Time), and the County may use the production truck on one Saturday between the hours of 8 a.m. and 5 p.m. (Eastern Standard Time) per calendar quarter.
VERIZON shall, on a quarterly basis, provide the County with a schedule identifying the known dates and times, including pre-existing arrangements with third parties, on which the Production Truck is unavailable for the County’s use. County must provide VERIZON with thirty (30) days prior written notice, but not to exceed ninety (90) days, of the date, time and location for use of the Production Truck. No more than once per month, limited to special unscheduled events, County may submit a written request to use the Production Truck on no less than seventy two (72) hours notice. In any event, the County’s use of the Production Truck shall only be denied based on good faith unavailability which may include, but not be limited to pre-existing arrangements with third parties, and VERIZON must inform the County of an alternative date and time when use of the Production Truck may be available. Notwithstanding anything to the contrary, VERIZON reserves the right to re-schedule County’s use of the Production Truck at any time if in VERIZON’s sole discretion, VERIZON determines that its use of the Production Truck is appropriate for its legitimate business needs. In such event VERIZON shall provide written notice of and identify its business need County’s previously scheduled use of the Production Truck within 24 hours of County’s previously scheduled use of the Production Truck. If this written notice is provided to the County within seven (7) calendar days prior to its scheduled use by the County and so long as such scheduled use was requested by the County in writing at least thirty (30) days in advance, VERIZON shall provide the County with two (2) additional hours of Production Truck usage, which shall be
available for use on a date and time approved by VERIZON, limited to Monday through Friday, between the hours 8:00 a.m. and 5:00 p.m. (Eastern Standard Time). No such additional use of the Production Truck shall be available to the County if the written notice is provided by VERIZON to County more than seven (7) calendar days prior to the County’s previously scheduled use of the Production Truck. Additional use of the Production Truck based on the above circumstances, if any, shall be completed prior to the end of the subsequent calendar quarter. Notwithstanding the foregoing, in no event shall such additional usage accumulate to exceed four (4) hours per quarter.
Only VERIZON employees and its designated agents, representatives, or contractors are permitted to operate the Production Truck. Failure of any County employee designated by the County Department of Public Affairs to continuously demonstrate, in VERIZON’s sole discretion, a satisfactory ability to responsibly , use or operate any of the production equipment will immediately result in that individual being denied access and/or use of the Production Truck and all production equipment. VERIZON shall be responsible for reasonable operating expenses of the Production Truck so long as its use fully complies with this Agreement. The County is allowed sixteen hours of Production Truck use per calendar month, but unused hours shall not carry over from month to month. Should the County use the Production Truck more than eight hours per day or sixteen hours during a calendar month. VERIZON shall invoice and the County shall pay $220 per hour for each hour of use in excess of sixteen hours, prorated to the next quarter hour. Hourly rates are subject to an annual adjustment by VERIZON, commencing on the anniversary date of each year during the term of this Agreement. Notwithstanding the foregoing, no hourly rate increase shall be greater than 75% of the most recently available unadjusted percent change for the prior twelve (12) months in the Consumer Price Index (CPI). Urban as reported by the U.S. Department of Labor Bureau of Labor Statistics. If the CPI Urban is discontinued or materially altered, the Parties agree to negotiate and mutually agree in good faith on a substitute index that shall be substantially comparable to the CPI. Urban as in effect on the date hereof. The County’s use of the Production Truck begins at the time that the Production Truck arrives at the site designated by the County or is under the direction of or use by the County, whichever first occurs, and ends at the time that the Production Truck leaves the site or is no longer under the direction of or use by the County, whichever last occurs.
Section 3. | Termination of Agreement. |
The County reserves the right to cancel this Agreement without cause by giving thirty (30) days prior notice to VERIZON in writing of the intention to cancel or with cause if at any time VERIZON falls to fulfill or abide by any of the terms or conditions of this Agreement or the Cable System Franchise Agreement. Failure of either Party to comply with any of the material provisions of this Agreement shall be considered a material breach of this Agreement and shall be cause for immediate termination of this Agreement.
Section 4. | Modification of Agreement. |
There shall be no modification of this Agreement or of any covenant, condition, or limitation herein contained unless mutually agreed upon by the County and VERIZON and incorporated as a written amendment to this Agreement signed by duly authorized representatives of the Parties.
Section 5. | Independent Contractor. |
It is hereby mutually agreed that each Party is and shall remain an independent contractor and is not an employee or agent of the other Party.
Section 6. | Renewal Option. |
This Agreement may be extended subject to extension of the Cable System Franchise Agreement and written notice of agreement from the County and VERIZON, for a period coinciding with the period of any extension to the Cable System Franchise Agreement.
Section 7. | Insurance Requirement. |
The County and VERIZON agree to procure and maintain insurance as outlined below during the term of this Agreement and to provide Certificates of Insurance naming the other Party an additional insured:
Comprehensive General Liability in the combined single limit of $2,000,000;
Comprehensive Automobile Liability with combined single limit of $1,000,000;
Workers’ Compensation covering each party’s full liability as required under the Workers’ Compensation laws of the applicable state; and
Employer’s liability coverage with a minimum of $500,000 Occurrence, $250,000 Disease Employee, $500,000 Disease Aggregate.
Section 8. | Conformity to Law. |
The County and VERIZON shall comply with all federal, state, and local laws and ordinances, and any rules or regulations adopted thereunder. Neither party shall discriminate on the grounds of race, religion, color, sex, national origin, age, or handicap in the performance of services under this Agreement.
Section 9. | Non-Assignability. |
Neither the County nor VERIZON shall assign their rights or responsibilities under this Agreement to another party, except that either Party may assign this Agreement in whole or in part to its parent, subsidiary or affiliate, without the prior written consent of the other party, which consent shall not be unreasonably withheld.
Section 10. | Documents Comprising Agreement. |
This Agreement shall include this Agreement, as well as the following documents which are attached hereto and incorporated herein by reference:
VERIZON’s Certificate of Insurance required under Section 7 of this Agreement.
The County’s Certificate of Insurance required under Section 7 of this Agreement.
Section 11. | Waiver of Breach. |
The waiver of either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach hereof.
Section 12. | Severability. |
If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.
Section 13. | Agreement Covered by Florida Law. |
The laws of the State of Florida shall govern this Agreement.
Section 14. | Agreement Management. |
The Pinellas County Department of Public Affairs designates the following person as the liaison for the County:
Pinellas County
Xxxxxx Xxxxxxxxx
000 Xxxxx Xxxxxx
Xxxxxxxxxx, Xxxxxxx 00000
VERIZON designates the following person as its liaison:
VERIZON Media Ventures Inc.
General Manager
0000 Xxxxx Xxxxxxxxx Xxxxx
Xxxxxxxx Xxxx, Xxxxxxx 00000
Phone: (000) 000-0000
Section 15. | Exclusions and Liability. |
VERIZON is not responsible for Production Truck or equipment failure or failure to provide use of Production Truck beyond the reasonable control of VERIZON. VERIZON’s liability under this Agreement for any loss, cost, claim, liability, damage, or expense (including attorneys’ fees) relating to or arising out of any negligent act or omission in its performance of obligations arising out of this Agreement, shall be limited to direct damages actually incurred. VERIZON WILL NOT, IN ANY EVENT, BE LIABLE IN CONTRACT, TORT, OR OTHERWISE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, UNAUTHORISED USAGE, LOST BUSINESS PROFITS OR DAMAGE OR DESTRUCTION OF THE VIDEO PRODUCTION EVENT, INCLUDING THE GOVERNMENT ACCESS CHANNEL PROGRAMMING, EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VERIZON MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTION TRUCK AND EQUIPMENT USAGE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Section 16. | Force Majeure. |
VERIZON shall not be responsible for or deemed to be in default because of delays in providing services or access to the Production Truck and equipment under this Agreement due to causes beyond VERIZON’s control and not occasioned by its fault or negligence, including, but not limited to, war, revolution, civil commotion, labor difficulties, insurrection, fire, flood, severe weather, acts or omissions of the County, any act of government, acts of God or the public enemy.
Section 17. | Dispute Resolution. |
Any controversy, dispute or claim arising out of or relating to the interpretation of this Agreement shall be first subject to a thirty (30) day negotiation period between the parties. Should such negotiations fall to resolve the dispute, either party may file for relief in a court of appropriate jurisdiction.
Section 18. | Entire Agreement. |
This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes and replaces any prior or contemporaneous undertakings, commitments or agreements, oral or written, as to its subject matter.
Section 19. | Separate Enforcement of Provisions. |
If, for any reason, any provision of this Agreement shall be finally determined to be invalid, void or unenforceable by a court or regulatory body of competent jurisdiction, the remaining provisions of this Agreement shall remain in full
force and effect and shall in no way be affected, impaired or invalidated unless removal of the provision in question results in frustration of the purpose of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
ATTEST: PINELLAS COUNTY, FLORIDA | ||||
XXXXXXX X. Xx XXXXXX | acting by and through its Board of Clerk of the Circuit Court County Commissioners |
By: | By: | |||||||
Deputy Clerk |
Chairman |
APPROVED AS TO FORM OFFICE OF COUNTY ATTORNEY |
||||||||
By: | /s/ Illegible |
|||||||
Attorney |
||||||||
ATTEST: VERIZON MEDIA VENTURES INC. |
||||||||
By: | /s/ Illegible |
By: | ||||||
Illegible |
ATTEST: | /s/ N. XXXXX XXXXX |
|||||||
N. XXXXX XXXXX |
||||||||
ASSISTANT SECRETARY |
||||||||
/s/ N. Xxxxx Xxxxx | DATE ________ | |||||||
APPROVED AS TO FORM |
||||||||
N. XXXXX XXXXX COUNSEL |
XXXXX USA INC. |
CERTIFICATE OF INSURANCE | CERTIFICATE __ HOU-00020_ |
PRODUCER XXXXX USA INC 0000 XXX XXXXXX #0000 XXXXXX, XXXXX 00000 XXXXXXX XXXX (000) 000-0000 |
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFE__ NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVID____ POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE _____ AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE |
01042 –GAWC-00-01 | COMM FL FL | COMPANY A |
AMERICAN HOME ASSURANCE CO | |||
INSURED VERIZON SELECT SERVICES ATTN: XXXXX XXXXXXXX, HQK02A25 STRATEGIC MARKETS-PROPOSAL DEVELOPMENT 0000 X. XXXXXXXXX XXXX. XXXXXX. XX 00000 |
COMPANY B |
N/A | ||||
COMPANY C |
NATIONAL UNION FIRE OF LOUISIANA | |||||
COMPANY D |
AMERICAN INTERNATIONAL SOUTH INS CO | |||||
COVERAGES This certificate supersedes and replaces any previously issued certificate.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. |
CO LTR |
TYPE OF INSURANCE |
POLICY NUMBER |
POLICY EFFECTIVE |
POLICY EXPIRATION |
LIMITS | ||||||||
A | GENERAL LIABILITY | GL 6123522 | 07/01/00 | 07/01/01 | GENERAL AGGREGATE | $ | ________ | ||||||
x COMMERCIAL GENERAL LIABILITY | PRODUCTS-COMP/OF AGG | $ | ________ | ||||||||||
¨¨ CLAIMS MADE x OCCUR | PERSONAL & ___ INJURY | $ | ________ | ||||||||||
¨ OWNER’S & CONTRACTOR’S PROT | EACH OCCURRENCE | $ | ________ | ||||||||||
¨ _________________________ | FIRE DAMAGE (Any one fire) | $ | ________ | ||||||||||
¨ | MED EXP (Any one person) | $ | ________ | ||||||||||
A | AUTOMOBILE LIABILITY | CA 5347709 (AOS) | 07/01/00 | 07/01/01 | COMBINED SINGLE LIMIT | $ | ________ | ||||||
A | x ANY AUTO | CA 5347710 (TX) | 07/01/00 | 07/01/01 | |||||||||
x ALL OWNED AUTOS | BODILY INJURY | $ | |||||||||||
¨ SCHEDULED AUTOS | (Per person) | ||||||||||||
x HIRED AUTOS | BODILY INJURY | $ | |||||||||||
x NON-OWNED AUTOS | (Per accident) | ||||||||||||
¨ _________________________ | PROPERTY DAMAGE | $ | |||||||||||
¨ | |||||||||||||
GARAGE LIABILITY | AUTO ONLY ___ ACCIDENT | $ | |||||||||||
¨ ANY AUTO | OTHER THAN AUTO ONLY | ||||||||||||
¨ _________________________ | EACH ACCIDENT | $ | |||||||||||
¨ | AGGREGATE | $ | |||||||||||
EXCESS LIABILITY | EACH OCCURRENCE | $ | |||||||||||
¨ UMBRELLA FORM | AGGREGATE | $ | |||||||||||
¨ OTHER THAN UMBRELLA FORM | $ | ||||||||||||
A | WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY |
WC 5274758 (AOS) | 07/01/00 | 07/01/01 | x WC STATUTORY LIMITS- ¨ OTHER |
||||||||
A | WC 5274759 (CA) | 07/01/00 | 07/01/01 | EL EACH ACCIDENT | $ | 500____ | |||||||
C | THE PROPRIETOR/ PARTNERS/EXECUTIVE x INCL |
WC 5274761 (LA) | 07/01/00 | 07/01/01 | EL DISEASE-POLICY LIMIT | $ | 500____ | ||||||
D | OFFICERS ARE: ¨ EXCL | WC 5274762 (GA) | 07/01/00 | 07/01/01 | EL DISEASE-EACH EMPLOYEE | $ | 500____ | ||||||
OTHER | |||||||||||||
ILLINOIS NATIONAL INS CO | WC 5274763 (NY, WI)/5274760(IL) | 07/01/00 | 07/01/01 | WORKERS COMP & EMPLOYERS ____ SEE ABOVE LIMITS | |||||||||
NATIONAL UNION FIRE INS CO | WC 5274764 (NV, OR) | 07/01/00 | 07/01/01 | ||||||||||
INSURANCE CO STATE OF PA | WC 5274765 (AR, FL, MA, TN, VA) | 07/01/00 | 07/01/01 |
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) | ||||||||||
WHERE REQUIRED BY INSURED CONTRACT. THE CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED (EXCEPT FOR WORK COMP___ RESPECTS THE OPERATIONS OF THE NAMED INSURED. |
CERTIFICATE HOLDER | CANCELLATION | |||
OFFICE OF COUNTY ATTORNEY, PINELLAS COUNTY, FLORIDA ATTN: XXXXXXX XXXXX 000 XXXXX XXXXXX XXXXXXXXXX, XX 00000 |
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THE THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE OF THE CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. | |||
XXXXX USA INC. | ||||
/s/ ROX XXXX | ||||
By: |
ROX XXXX | |||
MM1(__/__) VALID AS OF: 11/01/00 |
AFFIDAVIT
I, XXXXXXXX XXXXXX, Director of the Pinellas County Risk Management Department, affirm under oath pursuant to Florida Starutes, the following insurance information:
1. | The Pinellas County Board of County Commissioners is self-insured. |
2. | The name of each insured is not applicable. |
3. | The limits of liability are as set forth under Florida Statute 768.28. |
4. | There are no coverage defenses that we are aware of at this time. |
5. | There is no copy of a policy, nor a certificate of insurance, because there is no physical policy. |
6. | There is excess coverage for settlements, judgments, and verdicts that are in excess of $2,500,000. Certain policy exclusions may apply. |
7. | There is no Uninsured Motorist coverage. |
8. | The Pinellas County Board of County Commissioners is also self-insured through the County’s Risk Management Self-Insurance Fund for Workers’ Compensation. |
9. | The execution of this Affidavit is not to be considered as an admission of liability, and is not a waiver of any rights, privileges, or defenses in the event of litigation. |
11/8/00 Date |
/s/ XXXXXXXX XXXXXX | |||
XXXXXXXX XXXXXX Director, Pinellas County Risk Management |
STATE OF FLORIDA |
) | |||
COUNTY OF PINELLAS |
) |
On this 8th day of November, 2000, XXXXXXXX XXXXXX, Director of the Pinellas County Department of Risk Management, being duly sworn, has affixed his signature hereto.
11/8/00 Date |
/s/ Illegible | |||
Notary Public |
My commission expires:
PERSONALLY KNOWN, NO IDENTIFICATION REQUIRED.
OFFICIAL NOTARY SEAL ROS____ CON__ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. ____________ MY COMMISSION EXP:FEB 26, 20__ | ||||