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Home My WebLink AboutMINUTES - 06201995 - 1.66 TO: BOARG.OF SUPERVISORS ...... Contra Phil Batchelor j~ Costa FROM: ,ms�ss County 7' V� DATE r�t''r.......•' �T June 8, 1995 SUBJECT: AMENDED ACCESS INTERCONNECT AGREEMENT WITH CENTURY CABLE OF NORTHERN CALIFORNIA SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: AUTHORIZE the Chair, Board of Supervisors to sign the "Amended Agreement for the Delivery of Access Programming in Contra Costa Television: with Century Cable of Northern California ("Century"). FINANCIAL IMPACT: None. BACKGROUND: On July 12, 1994,the Board of Supervisors approved the renewal of Century's cable television license on the condition that, before renewal shall become effective, Century would enter into an amended access agreement with the County. The "Amended Agreement for the Delivery of Access Programming" has the following additional provisions: 1) Century shall use the existing service drop on Bay Cablevision's distribution system to receive the signal for the County's dedicated channel. Century agrees to bear the cost of installing any additional cable or equipment necessary for its use of such drop; CONTINUED ON ATTACHMENT: YES SIGNATURE: 70RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE -APPROVE OTHER SIGNATURE (S): 6&�6 .11 ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE 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 uM-y ae. /99- Contact: PHIL aTCHELOR,CLERK OF THE BOARD OF CC: CAO SUPERVISORS AND COUNTY ADMINISTRATOR Century Cable (via: CAO) BY DEPUTY 2) Century will assist the County in applying for a new microwave license, sharing costs equally for any additional studies necessary to determine a new path; 3) In the event that the County is successful in obtaining a license from the FCC that would allow microwave transmission of the signal for the County's dedicated channel to Bay's El Cerrito headend, Century agrees to receive such signal via a direct microwave link from that headend and to bear the cost of installing any additional cable or equipment necessary for its use of such link; 4) The dedicated channel for CCTV was activated on or about November 15, 1994. Century Cable has reviewed and signed the amended agreement. The agreement is presented today for Board approval and signature. 6-a0- 9S /• G42 Amendment to Agreement for the Delivery of Access Programming in Contra Costa County This amendment (the "Amendment" ) is entered into on 1995, by and between the County of Contra Costa ( "County" ) , a political subdivision of the State of California, and Century Cable of Northern California ( "Century" ) , a California corporation. The parties agree as follows : I . Previous Agreement On July 20, 1993 , the County and various cable operators, including Century, entered into a written agreement entitled "Agreement for the Delivery of Access Programming in Contra Costa County" (the "Agreement" ) , which governs the provision of County- wide PEG programming by the County. The Agreement has not previously been amended. Due to certain changes that have occurred, the County and Century agree to modify the Agreement to provide for the temporary use by Century and LenComm, Inc . , a California corporation, doing business as Bay Cablevision ( "Bay" ) of a fiberoptic system, for the acquisition of a new FCC microwave license and the installation of a microwave path, all as described below for the distribution of the County' s dedicated PEG channel within Century' s and Bay' s service areas . This Amendment shall modify the Agreement to the extent it relates to Century' s portion of the interconnect . II . Changes to Agreement A. The following is added after Paragraph 1 and before Paragraph 2 of Phase II of the Agreement : "For the purpose of activating its portion of the microwave/fiberoptic interconnect in the configuration set forth in Exhibit A to this Amendment, Century shall use the existing service drop on Bay' s distribution system to receive the signal for the County' s dedicated channel . Bay has agreed, pursuant to the agreement attached hereto as Exhibit B, to permit Century to use the drop and to not charge Century for such usage. Century agrees to bear the cost of installing any additional cable or equipment necessary for its use of such drop. The activation of Century' s portion of the interconnect was completed and the dedicated channel turned over to- the County on or about November 15, 1994 . " B. The following is added after Paragraph 2 and before Paragraph 3 of Phase II of the Agreement : "For the purpose of allowing the construction of the microwave link to replace the fiberoptic link already installed by Bay, Century and Bay shall assist the County in applying to the FCC for a new microwave license. The costs of preparing the license application (s) , including any required feasibility studies or other documentation, shall be shared equally by Century, Bay and the County, however, the total expense to Century for preparing such license application, including any required feasibility studies or other documentation, shall not exceed $3 , 000 . 00 . The total expense for purchase and installation of the microwave equipment necessary to activate Century' s portion of the microwave/fiberoptic interconnect shall not exceed $20, 000 . 00, which shall be funded entirely from the funds already deposited by Century and the other Operators. As soon as the license has been approved, Century and Bay shall purchase and install, or arrange for the installation of, all microwave equipment necessary to activate the microwave path in the configuration set forth in the FCC license . In the event that the County is successful in obtaining a license from the FCC that would allow microwave transmission of the signal for the County' s dedicated channel to Bay' s El Cerrito headend, Century agrees to receive such signal via a direct microwave link from that headend. Bay has agreed not to charge Century for such link pursuant to the Agreement attached hereto as Exhibit B. Century agrees to bear the cost of installing any additional cable or equipment necessary for its use of such link. " C. The first sentence of Paragraph 9 of Phase II of the Agreement is deleted and the following sentence substituted therefor: "Century shall, at its expense, maintain its service drop or link from Bay' s distribution system and any related cable and equipment necessary to receive and distribute the microwave/fiberoptic signal originated by the County over Century' s portion of the interconnect. " III . Remaining Provisions Except as modified by this Amendment, all provisions of the Agreement shall continue in full force and effect . COUNTY CENTURY Century Cable of Northern California, a California corporation By: Chair, Board of upervisors / ATTEST: Phil Batchelor, Clerk of the Board of Supervisors By: LLL and County Administrator Title : Vi e resi ent By: By: Deputy Title : „ ecret_jry_ 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 acknowledgement below must be signed by a Notary Public . CERTIFICATION OF ACKNOWLEDGMENT State of Connecticut) ss . County of Fairfield ) On the date written below, before me, the undersigned Notary Public, personally appeared the persons signing above for Century Cable of Northern California, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument . WITNESS my hand and official seal . J Dated:_5)k Notary Public My Commission Expires October 31 1999 [Notary' s Seal]