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<br />I RcdJine Draft AIlTil28. 200() <br /> Showing Changes to Draft Dated April J 3. 200() <br /> For Discussion Purposes Only <br />WHEREAS, the City has reviewed the proposal submitted by CCTV for Public Access <br />cable television management and desires to enter into this Agreement for CCTV to provide such <br />Public Access cable television management services, and this Agreement relates only to such <br />Public Access services and does not include any Educational Access or Governmental Access <br />services; and <br />\VHEREAS, CCTV is a Colorado nonprofit corporation whose Board of Directors is <br />controlled by, and is primarily comprised of, Louisville residents, and CCTV has indicated its <br />interest in serving the community by providing Public Access programming and services~ and <br />\VHEREAS, CCTV has indicated that is has the experience, expertise and qualifications <br />to perform the services required to be performed pursuant to this Agreement as the Public Access <br />Designated Access Provider designated by the City. <br />NOW, THEREFORE, in consideration of the mutual promises and covenants set forth <br />herein, the parties agree as follows: <br />SECTION 1. INCORPORA TrON: DEFINITIONS. The fl)regoina recitals are <br />incorporated into this Agreement. For purposes of this Agreement. <<Public Access Channel" <br />D)cans the Public Access Channel allocated for the provision of public access nrogrammiIHl as <br />~pecified in Section 9.1 of the Franchise Agreement (as defined belo\v). and "Public Access <br />f:9!lipmenC means allV equipment or Rropertv purchased with funds ))l'Ovided pursuant to the <br />Franchise A!!l'ccment or anv other City funds and used in public access programmil1!1 and <br />services. and all of the equipment purchased under past franchises for use in connection \\'itl1 <br />Public Access 12roaramming and services. A complete inventory of slIcb Public .Acces::? <br />EguiD!nen.Las oJ the _~lme of \his Agreement is attached hereto as Exhibit A.. Cqpitf:!lized term~ <br />not expresslv defined herein shall have tbe meaninll given them in the r"ram:his~l\Q.reqrnent <br />unless the context clearly requires otherwise. <br />SECTION}. SCOPE OF SERVICES. In exchange for the funding provided by the City <br />to CCTV, pursuant to this Agreement, CCTV shall provide the following services: <br />A. OPER.A.TE PUBLIC ACCESS CABLE CHANNEL(S). Operate the Public <br />I Access l~Channel(-5j for public/community access programming purposes in a manner <br />which is consistent with the principles set forth in the Comcast franchise agreement authorized <br />and set forth in Ordinance No. 1488, Series 2006, as in effect from time to time (hereafter the <br />"Franchise Agreement") v'lith the primary purpose being to administer, coordinate, and assist <br />those requesting access and program scheduling on a nondiscriminatory basis. <br />B. OPERATE A COMMUNITY ACCESS CENTER. Manage a video production <br />I facility and the Publ.ic Access Eequipment, available for public use at such hours and times as <br />are determined by CCTV. Access to Public Access eEquipment and facilities shall be open Q.!li! <br /> 2 <br />