to City guidelines and/or supervision. Contractor shall coordinate and schedule use of the network
through the PEG Program Department. Contractor shall be responsible for any damage to such
drops to the extent Contractor may have been the party causing such damage if negligently or
willfully caused.
SECTION 6. PAYMENTS TO CONTRACTOR.
A. MethodofPayment
At the beginning of cach calendar quarter, the City shall pay Contractor one-fourth of the
annual Operating Funds allocated for the contract year. The first payment to Contractor
following execution of this contract shall be due within thirty (30) days of the first day of the
quarter. Thereafter, Contractor shall submit an invoice for annual or quarterly payment (as
agreed by the parties) to the Contract Manager prior to the beginning of each calendar quarter
(April 1, July | October 1, and January 1) or new fiscal year. City shall pay Contractor this
amount within thirty (30) days of receipt of the request for payment.
B. LExpenditureofFunds/Carry-overFunding
The Contractor shall expend funds provided by the Cily solely for Public Access purposes identified
and authorized in this Agreement. Funds not expended in one funding year shall be carried over for
said purposes into succeeding years. Upon termination or expiration of this Agreement, all funds of any
kind received pursuant to this Agreement from the City and not expended by Contractor shall be returned
lo the City or carricd over into a subsequent agreement between the Cily and the contractor or its
successor. The Contractor shall provide for such financial control and accounting procedures as are
necessary to assure proper disbursement and accounting for funds reccived from the City.
C. ContractCloseOut
1. Contractor shal] submit a final financial report, including a final expenditure report
following the close of the time penod covered by the last invoice requesting a draw
down of funds under this agreement, to the Contract Manager not later than the
sixticth (60th) day after the termination of this contract.
2. Upon termination of this contract, any unused funds, rebatcs, credits (or interest
eamed) on Operating Funds or Capital Equipment Funding held by Contractor must
be returned to the City. Subject to the approval of the Contract Manager and the
City, Contractor may withhold Operating Funds sufficient to cover the actual cost
incurred to preserve and maintain opcrations after Contractor receives notice of contract
termination but before the actual termination date but in no event shall such withholding
of funds result in withholding funds which combined with prior payments cxcecds
the contract payment amount set forth in Section 5.B above, as due for the twelve
months covered by this contract.
SECTION 7, USE OF ACCESS FACILITIES, EQUIPMENT AND TRAINING.
A. Contractor shall, within sixty (60) days after execution of this contract, adopt a comprehensive set
of policics and procedures for the use of all facilities, equipment and available training, which is
funded in whole or in part by, or provided as services under this Contract. A copy of the
comprehensive policies and procedures shall be provided to the City no later than the thirtieth
