Common use of Proposal Evaluation Clause in Contracts

Proposal Evaluation. The Council shall approve or disapprove the application after receiving the recommendations of the Board of Public Works and the Telecommunications Commission. If the Council disapproves the application, it shall make a written record supporting its decision. The Council shall consider the following when deciding whether to approve or disapprove the application: (a) the extent to which the Applicant has substantially complied with the applicable law; (b) whether the quality of the Applicant’s service, including signal quality, response to customer complaints, billing practices and the like has been reasonable in light of the needs and interests of the communities served; (c) whether the Applicant has the financial, technical, and legal qualifications to hold a cable franchise; which qualifications require that the Applicant can be relied upon to perform as promised and in accordance with applicable law; (d) whether the application satisfies requirements established by the City under this Ordinance or in an RFP or is otherwise reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests; (e) whether, to the extent not considered as part of this Ordinance, the Applicant will provide adequate public, educational, and governmental use capacity, facilities, or financial support thereof; (f) whether issuance of a franchise is in the public interest considering the immediate and future effect on the public Rights-of-Way and private property that would be used by the Cable System, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services, or use of the public Rights-of-Way; and the comparative superiority or inferiority of competing applications; and (g) whether the approval of the application may eliminate or reduce competition in the delivery of Cable Service in the City.