§ 25.9. Administrative Performance Evaluation Session.

A.

The Mayor, or Designee, and the Grantee may hold informal performance evaluation sessions, or upon approval of City Council, may hold formal performance evaluation sessions, as necessary or as may be required by federal and state law. All formal evaluation sessions shall be open to the public.

B.

During a review and evaluation by the City, the Grantee shall fully cooperate with the Mayor or Designee and shall provide such information and documents as the Mayor or Designee may need to reasonably perform the review.

C.

If at any time during this review, the Mayor or Designee determines that substantial evidence exists of inadequate cable system performance, the Mayor may require the Grantee to perform studies, tests or analyses directed toward the suspected inadequacies. The Grantee shall fully cooperate with the City in performing such testing and shall prepare results and a report, if requested, within thirty (30) days after notice.

D.

In instances in which the situation warrants it, the City may require the test to be supervised at Grantee's expense by a professional engineer not on the permanent staff of the Grantee; such professional engineer to be approved by the Mayor or Designee. The engineer shall sign all records of special tests and forward to the City such records with a report interpreting the results of the test and recommending actions to be taken.

E.

The City's rights under this section 25.9 shall be limited to requiring tests, analyses, and reports covering specific subjects and characteristics based on said complaints or other evidence when and under such circumstances as the City has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard Cable Service.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666)