HomeMy WebLinkAbout06-013
WHEREAS, pursuant to Butte County Resolution 04-021, the County of Butte
("COUNTY") has granted Comcast Cable ("COMCAST") anon-exclusive franchise agreement
with an expiration date of Apri16, 2007, to construct, operate and maintain a cable television system
(the "FRANCHISE"); and
WHEREAS, the Butte County Office of Education ("BCOE") has held preliminary
discussions with COMCAST regarding installation of an independent Institutional Network ("I-
NET") to serve BCOE's needs; and
WHEREAS, COMCAST has advised BCOE that the COUNTY would need to extend the
authority of its FRANCHISE to allow for such a relationship; and
WHEREAS, the COUNTY recognizes that the needs of our community would be better
served if BCOE is successful in working with COMCAST to install an independent I-NET System.
NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors
authorizes the Chair to sign an agreement with BCOE in a farm set forth in Exhibit "A" attached,
which extends authority far BCOE to negotiate with COMCAST for installation of an independent
T-NET System.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 24~' day of
January 2006 by the following vote:
AYES: Supervisors Connelly,
NOES: None
ABSENT: None
NOT VOTING: None
ATTEST:
Dolan, Houx, Yamaguchi and Cl~aix ,~osiassen
T OSIASSEN, Chair
PAUL MCINTOSH, Chief Adrninisixative Officer
and Clerk of the Board of Supervisors
B
epu
MEMORANDUM OF UNDERSTANDING BETWEEN THE
COUNTY OF BUTTE AND THE BUTTE COUNTY OFFICE OF EDUCATION
Exhibit A
CONDITIONAL AGREEMENT BETWEEN THE COUNTY OF BUTTE
AND THE BUTTE COUNTY OFFICE OF EDUCATION
Section ]. --Parties
1.1 THIS AGREEMENT, effective as of January 24, 2006, is between the County of Butte, a
political subdivision of the State of California ("COUNTY") and the Butte County Off ce of
Education {"BCOE"). In consideration of the mutual promises, covenants and conditions herein,
the parties hereto agree as follows.
Section 2 -Terms and Conditions of Cable Television Franchise Agreement
2.1 On February 10, 2004, the Board of Supervisors appxoved Resolution 04-021, which
granted Comcast of Southern California, Inc., an Oregon corporation and Comcast of
Northern California II, Inc., a California corporation {both of the foregoing corporations
hereinafter collectively "COMCAST"} anon-exclusive franchise agreement with an
expiaration date of Apri16, 2007, to construct, operate and maintain a cable television
system (the "FRANCHISE") whose terms and conditions are incorporated herein.
Section 3 -Responsibilities of COUNTY
3.1 The COUNTY herby extends authority for BCOE to independently negotiate with
COMCAST for installation of an independent institutional Network {"I-NET") to serve
BCOE's needs.
3.2 The COUNTY'S responsibilities are limited to the extension of authority for BCOE to
negotiate with COMCAST under the FRANCHISE agreement.
Section 4 - Responsibilities of SCOE
4.1 BCOE is authorized to independently negotiate in good faith with COMCAST for
installation of an independent institutional Network ("I-NET") to serve BCOE's needs.
4.2 BCOE agrees to be fully and solely be responsible for any and all current and future costs
related to BCOE's I-NET project, including but not limited to, costs associated with
construction, maintenance, repair, and enhancements for such a system.
4.3 BCOE agrees to comply with all terms and conditions set forth by the FRANCHISE
agreement. BCOE agrees to notify the COUNTY immediately if any of said terms and
conditions have been breached andlor compromised.
4.4 BCOE agrees to assume any and all Iiabilities resulting from BCOE's I-NET project.
Section 5 -~ Yndemnification /Disclaimer
S.l BCOE shall defend, indemnify and hold harmless the COUNTY and its agents, officers
and employees from any claim, action, or proceeding against the COUNTY or its agents, officers
or employees, and from any claim, action, or proceeding to impose personal liability against such
agents, officers, or employees resulting from their processing, facilitating or extending to BCOE
authority for BCOE to independently negotiate with COMCAST under COUNTY'S franchise
agreement with COMCAST for installation of an independent institutional Network ("I-NET") to
serve BCOE's needs.
5.2 COUNTY cannot guarantee nor does it warrant that BCOE's contemplated negotiation
for and installation of an independent institutional Network ("I-NET"} under COMCAST`s
FRANCHISE agreement with COUNTY will meet BCOE's needs or expectations. IN NO
EVENT SHALL COUNTY BE LIABLE TO BCOE FOR COSTS OF PROCUREMENT
OF SUBSTITUTE SERVICES; OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT
OR THE USE OF COMCAST EQUIPMENT OR SERVICES HOWEVER CAUSED, ON ANY
THEORY OF LIABILITY, AND WHETHER OR NOT COUNTY HAS BEEN ADVISED OF
THE POSSIBSLITY OF SUCH DAMAGE.
Section 6 -- Full Agreement
6.1 Except as expressly amended herein all other terms, provisions, and amendments of this
agreement shall remain in full force and effect.
COUNTY OF BUTTE,
Apolitical subdivision of the State of California
Curt Josiassen, Chair
Board of Supervisors
Attest:
Clerk
BUTTE COUNTY OFFICE OF EDUCATION
Don McNelis, Superintendent
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