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HomeMy WebLinkAboutMINUTES - 08101993 - 1.23 1 -23 TO: BOARD OF SUPERVISORS s L Contra J. FROM: Phil Batchelor, County Administrator a CoS+ o s l County q y\ DATE: August 3, 1993 cTT� couN cr SUBJECT: CABLE TELEVISION ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: . ADOPT the new Cable Television Ordinance ( introduced July 13, 1993) ; and APPROVE and AUTHORIZE the Chair of .the Board of Supervisors to execute the Agreement for the Delivery of Access Programming in Contra Costa County referenced in the Ordinance. FISCAL IMPACT: None. BACKGROUND: On July 13, 1993 the Cable Television Ordinance was introduced, the reading was waived and adoption set for July 20, 1993 . Since all operators had not signed the agreement by July 20, 1993, the adoption was postponed until August 10, 1993 .. The access agreement which provides. for the countywide interconnected channel is an integral part of the Ordinance. This agreement needs to be signed by all cable operators and the County so that construction can begin on the microwave interconnect 'system. , CONTINUED ON ATTACHMENT: YES SIGNATURE: 10 ' RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON AL11 n_i 1 D D' APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X_UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED August 10 , 1993 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: SUPERVISORS AND COUNTY ADMINISTRATOR Franchise Administrator David Schmidt, County Counsel o BY DEPUTY i Agreement for the Delivery of Access Programming in Contra Costa County This agreement is entered into on July 20, 1993, by and between the County of Contra Costa (the "County") and the undersigned licensees of cable television systems within the unincorporated areas of Contra Costa County (the "Operators") . The parties agree as follows: A. Access Structure The Operators shall, in two phases, provide a means by which the County, may deliver public, educational and governmental programming ( "access programming") to those subscribers of each Operator located within Contra Costa County. In Phase I, each Operator shall provide dedicated time over its cable system for the carriage of access programming provided by the County. In Phase-II, the Operators, shall advance funds for the purchase of certain video production and microwave equipment and shall undertake construction of a microwave interconnect for delivery of access programming over a channel dedicated to the County for purposes of carriage of access programming. B. Phase I 1. Commencing April 6, 1992, each Operator has made available the hours of 7 :00 p. m. to 9 :00 p. m. each Monday for the carriage of access programming provided by the County. Within sixty (60) days after the County provides each Operator with written notice that it has constructed and made fully operational a video production studio for the origination of access programming, each Operator shall make available the additional hours of 7 :00 p. m. to 9 :00 p. m. each Friday for the carriage of access programming provided by the County. This time shall be. made available for priority use of the County for the carriage of access programming provided to the Operators in videotape format for playback over each cable system. 2 . The channel over which access programming is carried may be a local channel as the Operator chooses. Access programming shall be carried together with other programming provided on such channel on a shared use basis. Except as to such time as is made available to the County for the carriage of access programming, the Operator may program such channel as it determines in its sole discretion and shall have exclusive control over the operation of such channel . On 60 days ' prior written notice to the County, the Operator may change the channel over which Phase I access programming is carried. 3 . The channel over which access programming is carried shall be a 'part of the Operators basic service. The Operator shall make available, upon request and at a reasonable cost, one converter or similar device allowing reception of such channel for those subscribers in the unincorporated area of Contra Costa County otherwise incapable of receiving the channel on their television receivers. Deposits may be required if fully refundable upon return of the converter or other device in good operating condition. 4 . The time made available to the County for the purposes of access programming shall be utilized by the County exclusively for the purposes of public, educational and governmental programming and for no other purpose. Such time shall not be used by the County for the carriage of commercial programming, advertising or for any other non-access programming. The County shall use its reasonable efforts to minimize repeat cable casting of access programming during Phase . I, except in .cases -of programming of significant -community interest. 5. Each access program provided by the County for carriage by the Operators shall be in 3/4" videotape format. At least five (5) business days before the date on which the access program is to be carried, the . County shall deliver a master videotape of the access program to such Operator or production facility as the Operators may designate upon prior notice to the County. If the Operators request delivery of a master videotape to a location outside Central Contra Costa County, the Operators shall bear the reasonable expense of delivering the master to such location if overnight or other express delivery is required to allow for timely duplication and distribution of the access program. The Operators shall, at their expense, arrange for the duplication and distribution of the access program such that each Operator receives a copy of the access program sufficient to allow for carriage at the time designated by the County. If the County delivers a master videotape',of an access program to the Operators or their designated production facility less than five (5) business days prior to the date on which the County wishes such program to be carried, the Operators shall use their reasonable efforts to duplicate and distribute copies of the program so as to provide for carriage of such program when requested by the. County or, at the Count's option, the County shall arrange for the duplication and distribution of the access program at the County's expense. 6 . The master videotape of each access program provided by the County must be of satisfactory technical quality. If any master videotape is not of satisfactory quality, it shall be promptly returned to the County and the County shall 2 endeavor to provide a substitute master videotape of satisfactory technical quality. The copies of the master videotape produced for carriage over each Operator's cable system shall be of satisfactory technical quality consistent with the technical quality of the master videotape itself. It the technical quality of such copies is not satisfactory and the impairment is not attributable to the master videotape, the Operators shall provide copies of satisfactory quality for cablecasting by each Operator at the next regularly-scheduled time designated by the County in accordance with Paragraph B. 1 above, or at such earlier time as may be available and mutually agreed upon by the County and the Operator. 7 . On such schedule as is agreed to between the County and the Operators, each Operator shall carry character generated messages over its cable system advising its subscribers of the access programming provided by the County. Such messages shall be carried over the channel designated by the Operator for carriage by the County's access programming or such other channel as may be agreed upon by the County and the Operator. The County shall provide the Operators with the text of each such message. . Where a newspaper distributed in an Operator's community provides a listing of local origination and community access programming carried by such Operator over its cable system, the Operator shall use its reasonable efforts to identify the County's access programming in such listings, provided the County gives the Operator sufficient advance notice of the access programming to be included in such listings. The County and the Operators may agree upon other methods of advertising the County's access programming, including the use of public service announcements provided by the County for carriage over an Operator's cable system, provided that the Operator's system is capable of carrying such announcements without the addition of equipment and with no interference to any other programming or advertising carried by the Operator. 8. Should the County not schedule the carriage of access programming during any time period identified in Paragraph B. 1 above, the Operators may carry any other programming during such period. Phase II 1. For the purpose of equipping the studio to be used by the County for the production of access programming, the, Operators shall advance to the County funds for the County's use in purchasing and installing the video production equipment set forth in Exhibit B attached to this Agreement. The total expense to the Operators for purchase and installation of video production equipment set forth in Exhibit B shall not exceed $150,000.00, but at the County' s option, any 3 unused portion may be applied towards construction of the microwave interconnect (see Paragraph C.2 below) , but any unused portion of such funds remaining unspent as of July 1, 1994 shall be refunded to the Operators in accordance with the allocation percentages set out in Exhibit C (adjusted to account for any Operator not contributing to the funds provided for such video production equipment) . The Operators agree, at no charge to the . County, to make their technical and production personnel available for reasonable consultation and assistance in connection with the installation of the video production equipment. 2. For the purpose of constructing the microwave interconnect in the configuration set forth in Exhibit 4 the Operators shall purchase and install, or arrange for the installation of, the microwave equipment set forth in Exhibit D at each of the locations shown in Exhibit A, regardless of which party owns or controls such locations. The total expense to the Operators for the purchase and installation of the microwave equipment set forth in Exhibit B shall not exceed $250,000.00, but "at- the County's option any unused portion may be applied towards the purchase of video production equipment (see Paragraph C. 1 above) . The installation of the microwave receive equipment shall be performed or arranged by the Operators at no cost to the County. The installation of the microwave transmit and relay equipment shall be performed by the Operators and the County shall reimburse the Operators for the actual cost (i.e. , installers' hourly salary plus cost of materials) of such installation work, excluding overhead. All microwave equipment, except for receive equipment, shall be owned by the County following its installation. All microwave receive equipment shall be owned by the Operator owning or controlling the receive site where such equipment is located. Such installation shall be completed, and the interconnect. shall be activated and turned over to the County, by the earlier of January 1, 1994 or three months prior to the expiration of the construction period identified in the Microwave Radio Station Licenses issued or to be issued by the Federal Communications Commission to the County ("FCC licenses") , as the same may be extended from time to time. The County shall, at its expense, arrange for a qualified technical expert to consult in the installation of the microwave equipment. 3. For the entire period of the license granted by the County, the Operators shall grant to the County, or use reasonable efforts to obtain in the County's name at the County's expense, written consent for the installation and maintenance of the microwave equipment and all appurtenances on Briones Peak and other antenna locations shown on Exhibit A not already owned or controlled by the County. The expense to the County under this paragraph shall be limited to the actual fees charged by third party owners of the antenna sites. The County shall be responsible for securing all licenses, permits or other authorizations required for construction of the interconnect at its sites. The Operators shall be given access to all County facilities and other facilities not owned or controlled by the Operators for purposes of construction of the interconnect. 4 4 . In purchasing the microwave equipment, the Operators shall use their reasonable and good faith efforts to obtain the equipment at the lowest prices available to the Operators. 5. The equipment described in Paragraphs C. 1 and C.2 above shall be purchased through an advance of license fees made by the Operators . Each Operator shall advance such license fees in two installments, the first (for purchase of the video production equipment) to be made within 30 days after the execution of this agreement, and the second (for purchase of the microwave equipment) to be made on or before September 30, 1993 (or such earlier date as may be necessary to accommodate the period allowed .for construction of the microwave paths under the FCC licenses) . The advances required for each Operator are more particularly identified in Exhibit C. 6 . Before purchasing any equipment under Paragraph C.2 above, the Operators shall furnish to the County a written quotation listing .the price(s) to be paid, and shall obtain the County's consent in writing thereto. Thb county approves the equipment identified in Exhibit D. for purposes of construction of the microwave interconnect and approves the prices for the acquisition of such equipment as set forth in this Exhibit. The County acknowledges that the prices set forth in Exhibit D for the microwave equipment do not include (i) all equipment required for construction of the interconnect, (ii) freight or (iii) installation costs permitted under this agreement. The Operators shall account to the County for the expenditure of such funds within ninety (90) days after purchasing each group of equipment described in Paragraph C.2 above. In the event the total cost of such facilities and equipment described in Paragraphs C. 1 and C.2 exceeds the amount budgeted therefor set forth in Exhibit D, the County shall be responsible for all such excess costs. In the event the cost of such facilities and equipment is less than the amount budgeted therefor set forth in Exhibit D and the County does not exercise its option to apply the unused portion(s) as provided in Paragraphs C. 1 and C.2 above, such advances shall be adjusted prorata among the Operators to reflect the actual aggregate amount advanced by the Operators for purchase of the video production and microwave equipment'_, and installation of the microwave equipment. Such adjustment shall be based upon the amount of the advance otherwise due from each Operator as originally set forth in Exhibit C in relation to the aggregate of advances required of all Operators as originally set forth in that exhibit. 7 . The failure of any Operator that has signed this agreement to advance in a timely manner its proportionate share, as set forth in Exhibit C, shall constitute a material breach of this agreement and of the County's cable television ordinance, and shall entitle the County to all or any combination of the following remedies: (i) revocation or forfeiture of such Operator's license; (it) recovery of damages, including without limitation additional expenses incurred by the County to extend or reapply for the FCC licenses; and (iii) any other remedies provided by law or equity. Should any Operator fail to advance the full amount required of it under Exhibit C, no other 5 Operator shall be responsible for funding the amount of any such deficiency. In such case, the County shall have the option of advancing money to cover the deficiency or of requiring those Operators that have paid their contributions to construct and turn over to the County a partial or phased interconnect (i.e. , one or more operational legs) using the available funds . 8. The advance of license fees by each Operator as set forth in Exhibit C (subject to adjustment as described in Paragraph C.6 above) shall be amortized on a straight-line basis over a period of six years . One-sixth of the total amount actually advanced by each Operator shall be offset against license fees otherwise due the County from the Operator with respect to each calendar year commencing with calendar year 1993 and terminating with the license fees due for calendar year 1998. If the aggregate amount of any such advance has not been fully amortized and offset against license fees otherwise due the County as of calendar year 1998, the unamortized balance of such advance shall be offset against license fees due the County each year thereafter on a dollar-for-dollar basis' until the advance has been fully amortized. Should any unamortized balance remain unpaid as of December 31, 2002, the County will reimburse it to the Operator. 9 . Each Operator shall, at its expense, maintain all facilities and equipment installed at its headend and/or receive site(s) necessary to receive (but not transmit or retransmit) the microwave signal originated by the County over such interconnect. The County shall, at its expense, maintain or cause to be maintained all microwave equipment and appurtenances installed upon County facilities necessary to transmit or retransmit the microwave signal originated by the County over such interconnect. The Operators shall maintain, or arrange for the maintenance of, all microwave equipment and appurtenances installed upon the facilities of any Operator necessary to transmit or retransmit the microwave signal for the interconnect, and the County shall pay the Operators for the actual cost thereof (i.e. , installers ' hourly salary and cost of materials, excluding overhead) . 10. All costs reimbursed by the County under this agreement will be paid within a reasonable period after receipt of request. 11. Each Operator shall make available a dedicated channel on its cable system for carriage of access programming provided by the County through the microwave interconnect. This channel shall be subject to the following understandings: a. On or before January 1, 1994, the Operators shall make reasonable efforts to agree upon one and no more than two channel assignments for the dedicated channel which shall be the same across all cable systems. The channel shall be made available concurrently with completion of the microwave interconnect. Effective upon the dedication of such channel and activation of the microwave interconnect, all obligations of the Operators under Phase I shall terminate and the 6 JUL-0e-1993 10:13 FROM TO 94633241 P.02i13 Oporatora chall have no continuing obligation to make time available on a shared use basis for the carriage of access programming. b. if the dedicated channel is to be made available before January 1, 1994, and should an operator be unable, due to pre -.existing contractual or franchise commitments that cannot be modified after reasonable efforts to do no, to provide a dedicated channel at that time, the Operator may utilize a local origination or community access channel or such other channel as it chooses for the. carriage of such access programming as the, County provides over the microwave interconnect. Access programming presented over such channel shall be carried on a shared use basis together with other programming carried over such channel . The Operator shall allocate time over such local origination,. community access or _other channel for the carriage of access programming provided by the County at such tikes as the County and the Operator may agree upon, provided that such operator sshall make a dedicated channel available for the carriage of the County's access programming from and after January 1, 1994 in accordance with the foregoing provisions. C. The dedicated channel shall be a part of each OperaLot: ' 5 ba5lc: level of service. Each Operator shall make available, upon request and at a reasonable dost, one converter or similar device allowing reception of the dedicated channel for those subscribers vttjerwlse iticapabl,e of receiving the dedicated channel on their. television receivers. Deposits may be required if fully refundable upon return of the converter or other device in good operating condition. d. The dedicated channel shall be available entirely for purposes of public, educational and governmental programming and for nu other purpose, provided that the County may permit the Operators to utilize such channel on such days and during such hours as are not utilized by the County. The dedicated channel shall not be used by the. county for carriage of commercial programatirng, aclverLisii►ci vs dilly cLher non-access programming, but may be used for acknowledgment of underwriting sponsorship and solicitation of financial pledges for non-profit, community purposes . e. The County shall have sole responsibility for the programming and administration of the dedicated channel, including all personnel, facilities., equipment and material necessary to transmit access programming over the microwave interconnect for cablecasting over such channel . The Operators shall not be responsible for the quality of the signal originated by the County over the microwave interconnect. The County shall establish and administer all rules, regulations and procedures concerning the use and scheduling of access programming presented over the dedicated channel. f. The County agrees to comply with all applicable laws, ordinances, rules and regulations in connection with the microwave interconnect and such dedicated channel, including without limitation the rules and regulations of the FCC. 7 12 . The County and the Operators shall cooperate with one another with respect to construction of the microwave interconnect, including without limitation a request to the FCC to extend the period for construction permitted under the FCC licenses through December 31, 1993, or such shorter extension as may be granted by the FCC. 13. I f, at any time three (3) years or more following the date the dedicated channel is first utilized for access programming, such channel is not in use and programmed with public, educational or governmental programming during at least fifty percent (50%) of the weekdays for at least fifty percent (50%) of the time during any consecutive nine (9) hour period selected by the County for ten ( 10) consecutive weeks, the channel shall revert to the exclusive use of the Operators. Upon such reversion, each Operator shall make time available elsewhere on its cable system for carriage of such access programming as may be provided by the County or members of the public. D. Second Dedicated Channel 1. As a condition of approving any request for extension or renewal of a license under Division 58 of the County Ordinance Code or its successor, the County may require the Operator to make available and activate, effective on or after July 1, 2004, a second dedicated channel on its cable system for carriage of access programming provided by the County through the microwave interconnect, upon satisfaction of each of the following conditions: a. The first dedicated channel is in use and programmed with access programming during at least eighty percent of the weekdays for at least eighty percent of the time during any consecutive 9-hour period selected. by the County for ten consecutive weeks. For purposes of this computation, character generated programming shall not count during such period. b. At least fifty percent of the programming presented on the first dedicated channel during such -10-week period is produced within or relates to Contra Costa County and'is produced within one year of such 10-week period. C. Not more than thirty-three and one-third percent of the aggregate hours utilized for access programming on the first dedicated channel during such 10-week period represents repeat programming. 2 . If, at any time three years or more following activation of the second dedicated channel for access programming by the County on at least three cable systems licensed by the County, the first dedicated channel does not satisfy the usage criteria established in Paragraph D. 1 above, the second dedicated channel shall revert for a period of three years to the exclusive use of the Operators. Following three years of exclusive use by the Operators, the second dedicated channel shall again 8 be available to the County upon satisfaction of the terms set forth in Paragraph D. 1 above. 3. If an Operator cannot allocate a second dedicated channel to the County without discontinuing existing programming assigned to the channel to be allocated to the County, the County shall conduct a survey of the. Operator's subscribers which establishes to the satisfaction of the board, in its discretion, that there is public interest in such second dedicated channel. The Operator shall, at the request of the County, distribute the survey to its subscribers at no expense to the County. 4 . The operation of the second dedicated channel shall be subject to the same terms and conditions as the first dedicated channel, as set forth in Paragraph C. 11 above. The Operators shall make reasonable efforts to agree upon one channel assignment for the second dedicated channel which shall be the same across all cable systems. E. Nature of Commitments Indemnification; Force Majeure; Completion of Cable Television Ordinance 1. Provided that each Operator advances the funds for the purchase of the video production equipment and constructs and activates the microwave interconnect at the time and in the manner specified in this agreement, upon renewal or extension of such Operator's cable television license for the County, the County agrees that it shall not require the Operator to perform, before January 1, 2004, any additional obligations with respect to an interconnect, facilities or equipment for access programming, channel capacity for access programming, or funding with respect thereto.The commitments made by each Operator set out above constitute all commitments required by each Operator with respect to an interconnect, facilities or equipment for access programming, channel capacity for access programming, or funding required in connection therewith for the period through and including December 31, 2003. No Operator complying with the undertakings set out above shall be required to provide any other interconnect or any additional facilities, or equipment for access programming, channel capacity for access programming, commitments for the same or commitments for the support of access programming as a condition of the renewal or extension of its license through the period ending December 31, 2003. 2 . The County shall . indemnify, defend and hold each Operator, its affiliates and their respective officers, directors, employees and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, costs and expenses (including reasonable attorneys ' fees) arising from or in any manner related to (i) access programming provided by the County to the Operators for carriage on a shared-use basis during Phase I and (ii) the County's production and/or cablecasting of programming utilizing the microwave interconnect and dedicated channel(s) provided for this purpose, or any other use by the County of the microwave interconnect or 9 such dedicated channel(s) (except with respect to such programming as may be provided by an Operator over the dedicated channel(s) during any period allowed therefor by the County) , including without limitation liability for libel, slander, defamation, invasion of privacy or infringement of copyright, musical performing rights or any other right of any person. 3. The Operators shall not be liable for any failure or delay in the performance of their obligations set forth herein resulting from acts or occurrences beyond their control, including without limitation, acts of war or riot, earthquake, flood, storm or other natural disasters, power or communications failures, inability to obtain goods or materials from normal sources of supply, strike or other labor strife, any limitations or other act or regulation by any government authority or any act of God. The Operators shall give the County notice of any such act or occurrence which causes or is anticipated to cause any such failure or delay promptly after becoming aware thereof. The period for performance shall be extended by the length of such failure or-delay. This paragraph shall not-apply to the Operators ' obligations to make advances (see Paragraph C.5) , which obligations the Operators shall perform without fail or delay. In the event that construction or activation of the interconnect is delayed pursuant to this paragraph, the Operators shall complete such construction and activation as soon as the cause of delay has been eliminated. 4 . The obligations and commitments set forth in this agreement are conditioned upon completion of the Contra Costa County Cable Television Ordinance in a form and substance mutually satisfactory to the Operators and the County. 5. This agreement may be executed in one or more counterparts, which, taken together, shall constitute a single document. Should this agreement be executed by fewer than all of the signatories listed below, the agreement shall nevertheless take effect and be enforceable between the signatories thereto. 10 COUNTY OPERATORS �jc- NComm) -TN ---- Bay Cablevision,, By: Ioryi ,� sa►� IChair, Board of Supervisors By: ATTEST: Phil Batchelor, Clerk of Title: VICi�s Pn, the Board, of Supervisors and County Administrator" By: Title.: �QEA5 u� D By: 014 A. . Century Communications Corp. dba Deputy Century Cable of Northern California By: Title: By: Title: Chronicle Publishing Company dba Concord TV Cable By: Title: By: Title: Contra Costa Cable Company/Crockett Cable Systems, Inc. dba Viacom Cablevision By: Title: 11 By: Title: Viacom Cablevision of Contra Costa County, Inc. By: Title: By: Title: Viacom Cablevision of East Bay, Inc. By: �. Title: By: Title: Note: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code, Sec. 313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of errs��yo�nic. ) ss . County of On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Consultant, personally known, to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized . capacity(ies) , and that by 13 his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Dated: [Notary' s Seal] c� QJW�r1`t'-�Q Notary Public MO Rls MAY 5% 14 COUNTY OPERATORS Bay Cablevision, Inc. By: Chair, Board of Supervisors By: ATTEST: Phil Batchelor, Clerk of Title: the Board of Supervisors and County Administrator By: Title: By: Deputy Century Cable of orthern California, Zn By! Ti e: By: Title: Chronicle Publishing Company dba Concord TV Cable By: Title: By: Title: Contra Costa Cable Company/Crockett Cable Systems, Inc. dba Viacom Cablevision By: Title: 11 By: Title: Viacom Cablevision of Contra Costa County, Inc. By: Title: By. Title: Viacom Cablevision of East Bay, Inc. By: Title: By: Title: Note: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec. 1196 and'Corps. Code, Sec. 313. ) The acknowledgment below must be signed by a Notary Public. . CERTIFICATE OF ACKNOWLEDGMENT State of axyeer_27Gr, L ) ss. County of �,P�1'_Z�w ) On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Consultant, personally known, to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by 13 CERTIFICATE OF ACKNOWLEDGMENT CAL-42 ............................................................................................................................ State of California On Ju l y 2 7 , 19 9-3---before me, Amy C. R i 7.7.o ' (date) (name and title of officer) SS. County of San Francisco the undersigned Notary Public personally appeared Title of Document: Agreement for Delivery of Access Programming Christopher J. Lammers in Contra Costa County personally known to me(or proved to me on the basis of satisfactory evidence) 'I.A No. of Pages• 14 to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instru- OFFICIAL 7SEA ment theperson(s), or the entity upon behalf of which the person(s) acted, t AMY C. y p p ( ) Notary Public- ia executed the instrument. SAN RtAt�CISCzv WITNESS y hand and offici 1 seal. .My Commissioesmay 5, • Notary's Sig atu COUNTY OPERATORS Bay Cablevision, Inc. By: Chair, Board of Supervisors By: ATTEST: Phil Batchelor, Clerk of Title: the Board of Supervisors and County Administrator By: Title: By: Century Communications Corp. dba Deputy Century Cable of Northern California By. Title: By: Title: Chronicle Publishing Company dba Concord TV Cable By: J. Title: By: Title: Contra Costa Cable Company/Crockett Cable Systems, Inc. dba Viacom Cablevision By: Title: 11 By: Title: Ponderosa Cable systems-,, Ltd. By: Title: By: Title: Televents of East County, Inc. dba TCI Cablevision of East County By: Title: David Reynolds EVP/000 By: Tit 1 . Jim VP/Controller Televents, Inc. dba TCI Cablevision of Contra Costa County By: Title .David Reynolds EVP/C0O r By: Tit 1 . Jim Lm4jAg VP/,C V Z& ) United Artists Cablesystems Corporation Midwest, Inc. dba TCI Cablevision of Walnut Creek By: Title: David Reynolds EVP/COO 12 his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Dated: I?�9�9.3 [Notary's Seal] Notary Publi My Commission Expires June 30, 1997 r1 j .i � 1 1 I F By: -- T i t 1 _Ji *D&x&1g Viacom Cablevision of Contra Costa County, Inc. By: Title: By: Title: Viacom Cablevision of East Bay, Inc. By: Title: By: Title: Note: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code, Sec. 313. ) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of ) ss. County of ) On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Consultant, personally known, to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by 13 CERTIFICATE OF ACKNOWLEDGMENT State of17 rA ) ss . County of .On the date written below, before me, the undersigned Notary Public, personally appeared David M. Reynolds, Executive Vice President/COO of Televents of East County, Inc. , dba TCI Cablevision of East County, and Executive Vice President/COO of Televents, Inc. dba TCI Cablevision of Contra Costa County, and Executive Vice President/C00 of United Artists Cablesystems Corporation Midwest, Inc . dba TCI Cablevision of Walnut Creek and is personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal . Dated: a �� (Notary Seal) Notdry Public By: Title: Viacom Cablevision of Contra Costa County, Inc. By: ac Title: Exec. VP d Chief Operating Officer By• Title: Viacom Cablevision of East Bay, Inc. By: Title:Exec. VP and Chief Operating Officer By: Title: Note: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code, Sec. 313. ) The acknowledgment below must be signed by a Notary Public. 1,CERTIFICATE OF ACKNOWLEDGMENT State of ) ss. County of ) On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Consultant, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by 13 ALL-PURPOSE ACKNOWLEDGMENT State of California " ) County of ti On " ��� �� before me, Date N and TitleO cer (i.e., Y Uri Na e, Notary Pub' ) personally appeared11-4-1 , Name(s) 76ocument Signer(s) . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their_authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r,/aei., ROSEANN JENNINGS COMM.*996687 NMARY PUBLIC-CAUFORMA y�y ALIMEUA COUNTY NI ig atrofN MY Comm. ptre*June 6,1997 A (Affix seal in the above blank space) Copyright©1993 by D T Consulting • P.O. Box 1573, Glendale, CA 91 209-1 573 Form# 1002 his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Dated: [Notary's Seal] Est ROSEANN JENNINGS Notary ublAc COMM.#996687 a' NOTARY PUBLIC•CALIFORNIA ALAMEDA COUNIY �. Nay Comm.Expiru Jun.6,1197 0 14 By: Title: Ponderosa Cable Systems, Ltd. By. Tit 1 e: M A,�J.a a) PAP-7-< By: Title: Televents of East County, Inc. dba TCI Cablevision of East County By: Title: By: Title: Televents, Inc. dba TCI Cablevision of Contra Costa County By: Title:' By: Title: United Artists Cablesystems Corporation Midwest, Inc. dba TCI Cablevision of Walnut Creek By: Title: 12 By: Title: Viacom Cablevision of Contra Costa County, Inc. By: Title: By: Title: " - Viacom Cablevision of East Bay, Inc. By: Title: By: Title: Note: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code, Sec. 313. ) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of ss. County of On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Consultant, personally known, to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by 13 his/her/their signature(s) on the instrument the person(s) , or . the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Dated: [Notary's Seal] Notary Public *- Janet De Annunzio U 4 Comm 11996968 (� NOTARY PUBLIC CALIFORN{A�' CONTRA COSTA COUNT! ` Comm Expires June 13.1997 .y 14 JUL-08-1993 10: 14 FROM TO 94633241 P.03/13 EXHIBIT A z C. A, 4, 1! 1j I t4 S > V ZVI g V :3 Ju w Ic c Lu ca + Ile 4a ia owe —4!TK se MILES yo S5 111iii I-LAI SYSTEM DIAGRAM HAMMErr&EDISON,UNC. c1cc CONSI!LTING.ENGINWERS CONTRA MRTA rOUNTY JUL-08-1993 10:14 FROM TO 94633241 P.04!13 +9' v2, _ 77 1210 4J • /..• - � taali' "� ,'.'�-,'�!'�7 �' '' v ".•>f �J JI is � � _ . ` � •.� ,'�I s � r� +•- � •,� _ •- �.»,.�.� a•' f it 't'r•,,,,,• .'k '1+ ;9' •4 r^.• Ct " $ • t. �i. •, y ~ {.�� ��• � •'L. � fir. �+I✓:Ca a 1* t •` - - S , .,. _ ••SRI Y cp t tf y vV .e } Qi � 4 A\ x - y _a c° q _M •� ! 9 t f • zip r -. cp aim I� � ��fM ^��r., M•( �i � n _ �:•r w��wy J'�_V •�l"sh• �!- -�.. i ex,} - w 5 MILES C S �A COUNTYWIDE INTERCONNECTED CABLE CHANNEL H0tMETT & EDISON, INC. CICO SITE LOCATIONS CONSIULTING ENGl EFr%S CONTRA COS'T'A COUNTY SAN FRANCISCO r'Al.1FORNIA P30145 FIGURE i -TUL-03-1993 10:1.6 FROM TO 94633241 P.05/Z • EXHIBIT B CCTV EQUIPMENT NEEDS FOR FACILITY AT 10 DOUGLAS DRIVE, STE. 210 MARTINEZ,, , CA 94553-4079 STUDIO: 3 cameras( studio configuration)- EACH CAMERA PACKAGE TO INCLUDE: 1-- JVC KY-27U CAMERA HEAD 1-- CCU CABLE ADAPTOR 1-- BROADCAST LENS 1-- AC SUPPLY 1-- 5" VIEWFINDER 1--- LENS CONTROL KIT 1-- CCU RACKHOUNT 1--- CAMERA CONTROL UNIT 6--- CAMERA CABLES ( 30 M ) 1-- COMPREHENSIVE TCS-6 FIELD/STUDIO TEST CHART SET 1 LOWELL, Pres LIGHT SYSTEM and BATTERY PACK W/CHARGER 3--TRIPOD/PEDESTALS: O'CONNER SYSTEM 515 w/35C and 53A STUDIO DOLLEY. and EXTRA HANDLE SET CONSTRUCTION $6 , 000. I TELEPROMPTER SYSTEM (OFF CAMERA SET-VP) : COMPUTER PROMPTING CORPORATION CPC -200ON w/12" HARDWARE MICROPHONSS : 8--SONY ECM 77B 4--AKG D-321 CARDIOID MICROPHONES 4--DESKTQF MIKE STANDS 2---SUTURE SM99 GOOSENECK MICROPHONES 2--SHURE A99SM SHOCK MOUNTS 1--Mlt.:KuPhUfNE bVUm YULE muuhi' 1--CANARE 50 ' 12 CHANNEL AUDIO SNAKE ( PIGTAILS TO HAVE 4 MALE/8 FEMALE CONFIGURATION ) 1--50 ' 12 CHANNEL AUDIO SNAKE EXTENSION 8--10' MIKE CABLES 8---25 ' MIKE t_A8LES 1--27" OR GREATER REr.:.;IEVER/MONITOR I.--ROLLING CART OR STAND FOR MONITOR 2--STUDIO MONITOR SPEAKER$ I --AMPL I.F:(EP ( FOR ;TUT & TAL1'tiF.?ACK ) JUL-08-1993 10: 16 FROM TO 94633241 P.06/1-7 INTERCOM SYSTEM : CLEARCOM SYSTEM 1--MS-222A—GM MAIN STATION 1--GM9 GOOSE NECK MIRE 8--RS-501 BELT PACKS 4--CC—$5 HEADSETS 4--CC-26 HEADSETS 1--IF484 4 CHANNEL INTERFACE 8--50 ' XLR MIKE CABLES 4--TR50 TALENT RECEIVERS LIGHTING INSTRUMENTS: VTDF.SSCFN(;F LIGHTT.NG 1--2400N FIXTURE 3--1200N FIXTURES 4--0150N FIXTURES 6---MATTHEWS 429676 3 ' SINGLE EXTENSION HANGERS 6--MATTIIEWS 479612 STIRRUPS ELLIPSOIDAL SPOTLIGHT COMPREHENSIVE LW-760 W/ 2 EHG BULBS to RPH ROSCO PATTERN HOLDER to 7702 ROSCO PATTERN " 7732 ROSCO PATTERN 41 77139 ROSCO PATTERN of 77320 ROSCO PATTERN STUDIO LADDER WALTER BREWER 09213-WB TOOL KIT w/ WELLER SOLDER STATION AND DIGITAL MULTI—METER AND LINE TRACER CONTROL ROOM: 1--SONY EVO--9800 HI-8 VTR w/rack mount AND TIME CODE GENERATOR/READER 1--JVC SRS-5250 $VHS VTR W/TBC, TIME CODE GENERATOR/READER, 1--JVC SRS-811V SVHS EDITOR W/TBC, TIME COLE GENERATOR/READER EDIT MAs,rER INTERFACES k/ra.ck mounts 1. FOR EACH SVI{S SC1tJi2CE JUS-09-1993 10: 17 FROM TO 94633241 P.07/13 VIDEO TOASTER ( TF AVATJ,ARI,R ) 1--SUNY VO•-9800 U-MA`l`IC SP VTk w/rack mount W/TIME CODE GENER.A'T OR/RFAT)FR VIDEO TOASTER 4000 TOWER SWITCHER w/ AC(.FT,i,I.RATOR, + 42 MFG. 37 RTT RAN QUANTUM 420 MB HD CPU RACK MOUNT INTERNAL PROCESSOR CARDS : DPS PERSONAL TBC IV DPS SINGLE FRAME ANIMATION RECORDER W/1. GB HD DPS REMOTE CONTROL DPS 2 CARD RACK MOUNT TALLY LIGHT CONTROLLER Y/C PLUS COMMODORE A570 CD ROM DRIVE SUNRISE AD1012 W/STUDIO 16 15-19" PREVIEW MONITOR w/rack mounts 15-19" PROGRAM MONITOR w/rack mounts SOFTWARE; ART DEPARTMENT PROFESSIONAL WAVEWHITER ,UNILI GRAPHICS MASTER FONT PACKS 1-3 AMIGAVISION PROFESSIONAL VIDEO BACKVF SYSTEM (W/HARDWARE ) HYPERCACH PROFESSIONAL BACKGROUND CLIP ART CD ROM PRODUCER'S DESK WINSTEAD E4962 OR EQUIVALENT CONTROL CONSOLE ( FINAL CONFIGURATION IN CONSUL'T'A'T'ION WITH WINSTEAD DESIGN CONSULTANTS ) PORTABLE ROLLING RACK ( HEIGHT TO BE SPECIFIED ) FOUR 8 OUTLET AC POWER STRIP/CCINDTTIONERS ONE 10 OUTLET IAC POWERSTRIP/CONDITIONER 4 RACK MOUNTABLE CABINET BJA)WERS WINSTEAD ?MODEL # G8584 2--r,c ip� e monitor w/rack 111ol.111! JUL-08-1993 10:17 FROM TO 9463341 P.08i13 PANASONIC! WV-5203B OR EQUIVALENT preview monitor w%rack mount SONY PVM-1342Q program monitor w/rack mount SONY PVM-19429 VTR Monitor w/rack mount SONY PVM-1341 TV/MONITOR PANASONIC CT-2581VY W/ mount Waveform/ Vectorscope MAGNI WAVEFORM/VECTOR RACK MOUNTED SIGNAL DISTRIBUTION AND ROUTTN'C: IRIS TECHNOLOGIES VIDEO COMMANDER , PX3232-V88 VCW2N-SW TRTS VC; FOR WTN'DOWS COMPUTER (TO HOUSE IRIS CONTROLLER) : 386DX-40Mhz . 8 Mb MEMORY TWO SERIAL PORTS ONE PARALLEL PORT SVGA COLOR MONITOR SVGA ADAPTOR ( 640x480 min. ) Microsoft BUS MOUSE and Software 40 Mb HD at least one 3 1/2" floppy dish;, 1 . 44 Mb DOS 5 . 0 Windows 3. 1 or better External 9600 baud modem SIGNAL 'TIMING CONTROL: SIGMA 1-- SS-2100-16 RACKMOUNT MODULE MOUNTING FRAME I--- VDA--21 6X1 VIDEO DA 1-- BSC-2.140 BLACK SIGNAL GENERATOR I.-- ATM-21 ADJUSTABLE TIMING ?MODULE I-- IAM-2100 IN SERVICE ALIGNMENT MODULE TELEPHONE LIVE INTERFACE S y ire tri X '.0'i: PORTABLE C()NSOLI; WINSTEAD 1`0200 I , 000 . 1q1 PULL OUT 'SHELF AND rtv �; ' fVERSA].; K� 'iC�li)t_�: I' ,+�L,:�.. °, ��:.. i 5 1% a � •JUL-08-1993 10: 17 FROM TO 94633 41 F.09:11.7 4 channel audio mixer ( single rack space ) SHURE dual calor monitors TWO PANASONIC BT-S901Y MONITORS ONE BA-90 RACKMOUNT KIT 8 OUTLET POWER STRIP/CONDITIONER MASTER PLAYBACK CONTROL ROOM INTERACTIVE BULLETIN BOARD RESPONSE TELEVISION CORPORATION ONE A1200 ON-LINE STATION ONE A4000 WORKSTATION BEST (r) UNINTERRUPTIBLE POWER SUPPLY PRINTED COMMOi ORV A570 fail ROM DRTVF. COMPATABLE BROADCAST BUALTTY GEN--LOCK SUPRA FAXMODEM C:C).MPA`rART,F. ROUND BOARD, SOFTWARE: SCALA INFOCHANNEL IC4000 W/ TOASTER EX IMAGEFX 2--Umatic SP VTR VO-9300 W/ RACKMOUNT .ITS AND TIME CODE READER BOARDS 2--SVHS VTR JVC SVHS PLAYER/RECORDER Bit-S505UA. w/ RE-232C INTERFACF•- $A I{27U AND TIME LASE CORRECTOR AND RACK MOUNT KIT 2 Time Base Correctors/frame synchronizers Off-Air Monitor/TV 19" `,TR MONITORS: 1 DUAL 8" MONITOR w/AUDIO w: RACK MOUNT PULSE CROSS SLUE SCREE14 UNDERSCAN A/8 INPUTS C' & KU BAND SATELLITE DISH W/ SERIALLY CONTROLLED RECTEVER 1 .3" PREVIEW/PROGRAM MONITOR ' `�''f' M,,nit.or t /raoIC 1T!ot.{t'1t. JUL-08-1993 10:18 FROM TO 94633241 P. 10/13 SONY PVM-1342Q Waveform/ Vectorscope MAGNI WAVEFORM/VECTOR? ROUTING STRIP: SERIALLY CONTROLLED 8X2 w/rack mount Equipment rack/console Audio Equalizer/COMPRESSOR/LIMITER DAX w/rank mn"nt.-. Automated Playback System; (TO BE SPECIFIED BY THALMFR COMMUNTC.ATIONS- SYSTEM INTEGRATOR) OFFLINE EDITING F'ACTLTTY! Character Gener4tor/graphics station• SUPERGEN 2000S GENLOCK UNIT SUPRA FAX MODEM 42286 AT BRIDGEBOARD HIGH DENSITY FLOPPY DRIVE 2 SVHS VTR'S W/ TIME CODE READERS AND SERIAL INTERFACES Edit controller AMILINK: CUTS ONLY , 2 VTR CONTRC?W TO BE HOUSED IN A2000 ) 4 channel audio mixer Equipment racks routing STRIP w/rack mount VIDEOTEK RS-103A OR EQUIVALENT DUPLICATION system: Video/Audiu DiSIvibubion Amplifier- W minimum 4 VHS VTR's ONE W/ TIME CODE GENERAT05/8EADER OTHER EQUIPMENT: 4 OPERATOR TASK CHAIRS 2 AIR CLEANER/FI.LTZRS 1 . 000 FT. ROLL OF BROADCAST QUALITY RG-59U CABLE 1 , 000 FT. ROLL OF SHIELDED LOW LOSS AUDIO C_BLL •.JLIL-®'9-1993 10:18 FROM TO 94633241 P.11,113 r • BULK ORDER Or BN(' CONNECTORS ROLL OF SILVERlNO-LEAD) SOLDER MISCELLANNEOUS S-VIDEO? CABLES MI'SCELLANNEOUS SERIAL CABLES SYSTEM INSTALLATION: TECHNICIAN ON AN HOURLY OR FLAT RATE BASIS ;JUL-08-1993 10:18 FROM TO 94633241 P. 12/13 EXHIBIT C CABLE OPERATORS ADVANCE OF FRANCHISE FEES FOR PURCHASE OF EQUIPMENT SPECIFIED IN THE INTERCONNECT AGREEMENT CABLE OPERATOR PERCENT OF SUBCRIBERS FRANCHISE FE_)S ADV. Bay Cablevision 2.9% $ 11,600 Century 4.0% 160,000 Concord 'TV Cable 1.0% 4,000 Ponderosa 0.9% 3,600 Televents (Central County) 42.7% 1:701800 Televents (Brentwood) 15.58 66,000 United Artists (Walnut Cr. ) 3.2% 12,800 Viacom (Pittsburg/Ant. ) - 10.3% 41,200 Viacom (Crockett/Rodeo) 18.5% 74,000 TOTAL: 100.0% $400,000 i -.JUL-08-1993 10:18 FROM TO 9463341 P. 13/13 SENA' BY:VIAcom CABLE t 5-24-0 8:14PM ; VIACOM HQ ACI"IK H4640984 2 �q 20 A0ha Road QU�1O1 MICROWAV( Q*ff %r4 MAA 0104-41% USAc)"wild NQ. hi Fes: Z� ma 1 OF Croweve offn4stivn FA TO 4 EXHIBIT D QOM . Mr. Criss ChristianwCarl 00"Wexro Yfaaoa Csbla `.?+4�b+ i KICrOWAVO W16 Corp. 550 Garcia Avenue 04o, 7180 AJOV Clasen 01rale Pittaburgi OA 94665 an Jose, CA 98190-4110 Ph=* 4 (610) 43240600 Phase (404} 037-9161 TAX # (510) 439-4597 `J V--d FAX 4 (409) 169-6044 ,.v•,.� • •.N St.b4t F 1»d 10 MWLAS TO 897 COTO i too 547 CMU To 40 GLACIER DKIY$ i 14430.04 3.0 40 Ot,AO11M DRIVE TO, B110M PW 1414041. 4.8 WOW ma To DALD PI AX 18440.0( 54 "m MN To cema COL&I RL OMKITO .12,140.01x 6.0 13 OR% LINKS 8= PPAW TO VIAR10If FYTTgMMa $$I►44.4t o.v 40 OWtCI01 PRIY9 TO IMM PW s U364.0( 10.0 11mom To WN=EL TV miz 17897.0( 11.0 Kamm gra TOt-TaL�n , 99UM0 91644.45 Z -Q KR to TCI t We HON 15940*01 19.0 am TO HIORWO iw (RAI NM 110111.01 14.0 $10MA0 nAK TO 9*17 A WU 1374001 "An WUJPNZ" mmaw "a= U19A gotaa: 3- pricing is Ir O 'Chol.morrerd, 'K4 =ad doe& not InaludW harts or lastallatiee. PUROMA>ifbM AGOWM , Cua{riian sd brro Thea qmoipn b songad by; gib: DS = xei r m torms am OwA im ai"Wdwi pft t-mmud an the eeww" awn ovspwm*at 00 aft bt ftw it to Foxe tat=%iOW4 :SF4 M1alagaliw, r. a bs ylndl vpaSrfw Prdsr. : �ttt nraa+s ae.suf�}ec3�remit aaz prfo�in�tpm�C. To.t 1 Amo fu a4awest � }ao tahlawa: A *.tam wW haat W"taros*it be meted unfaw wow viw_ Oato etcamp m or ovr Wtv us fw*hod: