Article 2 — FRANCHISING REQUIREMENTS

No person shall establish, construct, operate, or maintain within this county a cable system unless a license therefore has been obtained pursuant to the provisions of this division, and unless such license is in full force and effect. Also, no person shall construct, install or maintain within any street in the county, or within any other public property of the county, or within any privatelyowned area within the county which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the county, any equipment or facilities for distributing any television signals or radio signals through a cable system, unless a license authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this division, and unless such license is in full force and effect.

If a cable system is established, constructed, operated or maintained within the county without the license required by this division, the county may notify the cable operator of the license requirement. If the operator continues an unauthorized operation for 60 days after such notice from the county, the operator shall forfeit to the county all gross receipts from the system for so long as such unauthorized operation continues.

Nonexclusive licenses to establish, construct, operate and maintain cable systems within all or any portion of the unincorporated area of the county may be granted by the board to any other person, whether operating under existing licenses or not, who or which offer to furnish and provide such systems under and pursuant to the terms and provisions of this article. Neither the granting of any nonexclusive license hereunder nor any of the provisions contained herein shall be construed to prevent the county from granting any identical, or similar, nonexclusive license to any other person, within all or any portion of the county. In the event the county grants an overlapping license under terms and conditions materially different from those in the existing license, then the grantee may, within six months of the grant of such overlapping license, elect to come under the same terms and conditions as the overlapping license. Said election shall apply to the grantee’s entire license area and shall become effective upon the grantee’s filing with the Clerk of the Board its written acceptance, in a form satisfactory to the county counsel, together with all required bonds and insurance certificates, and its agreement to be bound by and comply with all terms and conditions applicable to the overlapping license. In no event shall an election under this section result in a reduction in the amount of bonds or insurance policies in force at the time of election, nor shall an election result in extension of the existing license term.

A new license or license renewal granted by the board shall be for the initial term specified in the license award resolution, but in no event for an initial term longer than 10 years following

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City of Oakley, CA

OAKLEY CODE

§ 5.4.210

§ 5.4.218

the date of acceptance of such license by the grantee. The board may, in its sole discretion, grant an extension or extensions to the initial term.

No license granted pursuant to the provisions of this article shall become effective unless and until the resolution granting same has become effective, and in addition, unless and until all things required in the resolution and Section 5.4.304, Section 5.4.306, if applicable, and Section 5.4.308 are done and completed, all of such things being declared to be conditions precedent to the effectiveness of any such license granted hereunder. The license award shall automatically be null and void if the grantee fails to do all such things within 30 days after receipt of written notice thereof from the County Administrator.

Within 30 days after the date of the resolution awarding a license, or within such extended period of time as the board in its discretion may authorize, the grantee shall file with the Clerk of the Board its written acceptance of the license, in a form satisfactory to the county counsel, together with all required bonds and insurance certificates, and its agreement to be bound by and to comply with and to do all things required of it by the provisions of this division and the license award resolution. Such acceptance and agreement shall be acknowledged by the grantee before a notary public and shall be in a form and content satisfactory to and approved by the county counsel.

All applicants for renewal of a license or for a new license, shall be expected to offer to subscribers a modern, efficient, cost-effective system that will facilitate quality maintenance, deliver a variety of programming and services, and provide the flexibility needed to adjust to changing technology and new developments in the industry. Applicants are encouraged to formulate their proposals in an innovative fashion, so as to meet the informational requirements of the county and the service needs of subscribers. Proposals shall contain sufficient material to enable the board to make fully informed judgments concerning the adequacy of the proposal and me applicant’s qualifications to construct, operate and maintain a cable system in Contra Costa County. All applicants shall, at a minimum, provide the information described in Section 5.4.218. The County Administrator, in his or her sole discretion, may consider the particular circumstances of each proposal and may waive informational requirements contained in Section 5.4.218(b). Where information required to be submitted under Section 5.4.218 has previously been submitted to the county, and is still on file at the time of application, the applicant may not be required to resubmit such information, provided that the applicant certifies that such information is complete, current and accurate.

• a. The license application shall contain the following information:

  • 1. The name and address of the applicant if the applicant is a partnership, the name and address of each partner shall also be set forth. If the applicant is a corporation, the application shall also state the names and addresses of its directors, main officers, major stockholders (those holding 20% or more shares of stock) and associates, and the names and addresses of parent and subsidiary companies;

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.4.218

§ 5.4.220

• 2. A statement and description of the cable system proposed to be constructed, installed, maintained or operated by the applicant; the proposed location of such system and its various components; the manner in which the applicant proposes to construct, install, maintain and operate the same; and, particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system;
• 3. A description, in detail, of the public streets, public places and proposed public streets within which the applicant proposes or seeks the authority to construct, install or maintain any cable television equipment or facilities; and a detailed description of the equipment or facilities proposed to be constructed, installed or maintained herein;
• 4. A map specifically showing and delineating the proposed service area or areas within which applicant proposed to provide cable television services and for which a license is requested;
• 5. A statement describing the existing and proposed level of service, including but not limited to: cable services and other services which will be immediately available and those proposed (setting forth under what circumstances the proposed services will be made available); PEG facilities and equipment (current and proposed); policies relating to outages, late fees and system maintenance; methods of addressing consumer complaints; method of record keeping; proposed or actual rates and charges to subscribers for installation and services; and a copy of any service agreement between the grantee and its subscribers; and
• 6. For new license or transfer applications, a financial statement prepared by a certified public accountant or public accountant satisfactory to the board, showing the applicant’s financial status and ability to construct, install and maintain the proposed cable system; or for renewal or expansion applications, a financial statement for the licensed system verified by the controller or financial officer of the grantee. If in the normal course of its business, the grantee does not prepare a separate financial statement for the licensed system, the grantee may submit a combined financial statement for the local region, which statement shall include the licensed system.

• b. The board may at any time request, and the applicant shall provide, such supplementary, additional or other information as the board may deem reasonably necessary to determine whether the requested license should be granted.

• c. If a license is granted to a person, firm or corporation posing as a front or as the representative of another person, firm or corporation, and such information is not disclosed in the original application, such license shall be deemed void and of no force and effect whatsoever.

• a. An application fee for a new, renewal, expansion or transfer of license shall be required in the amount of $1,000. In addition, the County Administrator, in his or her sole discretion, may consider the particular circumstances of each application and may reduce or waive any fee otherwise required by this section.

• b. The purpose of the application fee is to pay the cost of studying, investigating and otherwise processing such application, which shall be in consideration thereof and not

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City of Oakley, CA § 5.4.220

OAKLEY CODE

§ 5.4.226

returnable or refundable in whole or in part, except as provided in this section. Application fees are over and above construction inspection and permit fees. Costs for a new applicant shall also include any cost not covered by the application fee that is incurred by the county in its preparation of proposal solicitation documents, evaluation of all applications, including, but not limited to consultant and attorney fees. In the event that the application fee paid by an applicant for renewal, expansion or transfer does not cover the costs reasonably incurred by the county, the applicant shall pay such additional costs as are agreed upon by the grantee and specified in the license award resolution.

• c. Any applicant who delivers to the Clerk of the Board a written withdrawal or cancellation of any application hereunder, within seven days of filing such application, shall be entitled to have returned and refunded said application fee less any actual cost or expenses incurred by the county by reason of such application.

• a. Upon receipt of any completed application for a new license, the county shall prepare a report and make its recommendations respecting such application and cause the same to be completed and filed with the board within 120 days, which time may be reasonably extended by the board. Such application shall be made under the provisions of Section 5.4.216 through Section 5.4.220.

• b. In making any determination hereunder as to any application, the board shall give due consideration to: the quality of the service proposed; rates to subscribers; experience, character, background and financial responsibility of the applicant, its management and owners; system design; technical and performance quality of equipment; willingness and ability to meet construction requirements and to abide by license limitations and requirements; and other considerations deemed pertinent by the board for safeguarding the interests of the county and the public.

• c. The Board, after a public hearing, may award the license pursuant to this division or reject such application. The board shall grant or deny such application by resolution and, where the application is rejected, the board shall state the reasons therefor.

The board, in its sole discretion and on such terms as it may prescribe, may grant an expansion of a grantee’s license area to include a specified area or areas contiguous to the grantee’s existing license area. Applications for expansion of license area shall comply with the provisions of Section 5.4.218 through Section 5.4.220.

• a. The procedure for license renewal shall be in accordance with applicable Federal and State statutes.

• b. In the absence of Federal and State statute specifically governing license renewal procedures, the following procedure shall apply.

• c. At any time between 24 months and 12 months prior to the expiration of a license, the grantee may apply for renewal of the license. Such application shall be made under the provisions of Section 5.4.116 through Section 5.4.120.

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.4.226

§ 5.4.228

• d. Within 12 months of receipt of a completed application for renewal, the board shall hold a public hearing having afforded the grantee reason able notice of such hearing. After this public hearing, the board shall grant or deny the application, basing its decision on the following factors:

  • 1. The grantee’s substantial compliance with the material terms of the existing license and applicable law;
  • 2. The quality of the grantee’s services to its subscribers, including signal quality, response to consumer complaints and billing practices, but with out regard to the mix or quality of cable programming services provided over the cable system, has been reasonable in light of community needs;
  • 3. Present and future cable-related community needs and interests of the grantee’s current and potential subscribers, taking into account the cost of meeting such needs and interests;
  • 4. The grantee’s financial, legal and technical qualifications to provide the services, facilities and equipment as set forth in the grantee’s proposal; and
  • 5. Such additional factors as the board considers relevant to the renewal of the franchise.

• e. In any renewal proceeding, the grantee shall be afforded adequate notice and shall be afforded fair opportunity for full participation. The grantee at its election and expense may have a transcript made of any such proceeding.

• f. The board, after a public hearing, may grant or deny a renewal application based on the criteria set forth in this section. The board shall grant or deny such application by resolution and, where the application is denied, the board shall state the reasons therefor.

• a. A license is a privilege to be held in personal trust by the original grantee. A grantee shall not sell, transfer, lease, dispose of or assign this license or any rights thereunder, including any beneficial interest or right to operate thereunder, by voluntary sale, merger, consolidation, or otherwise, or by operation of law, without the prior written consent of the board and under such conditions as may herein be prescribed and then only by a duly executed instrument in writing, filed with the board.

• b. If grantee is a corporation, prior approval of the board is required when there is an actual change in control, or if ownership of 20% or more of its voting stock is to be acquired by a person or group of persons acting in concert, none of whom already own 20% or more of the voting stock, singly or collectively.

• c. The consent of the board is not required for transfer of the license to a wholly-owned subsidiary of the grantee or to any person controlling, controlled by or under common control with the grantee providing any such person agrees to be bound by the existing franchise. The county shall continue to regard the grantee and its transferee as a single entity for all purposes.

• d. A grantee’s execution of a deed of trust, mortgage or other instrument given merely to secure the payment of any indebtedness of a grantee shall not constitute a transfer under this division and shall not require the consent of the board.

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City of Oakley, CA

OAKLEY CODE

§ 5.4.228

§ 5.4.228

• e. The consent of the board may not be unreasonably withheld. However, the county may first evaluate the proposed transferee as to financial responsibility, ability to provide the required level and quality of service and ability to assume the obligations of the license. The proposed transferee shall comply with the applicable informational and procedural requirements of the county as detailed in Section 5.4.218 through Section 5.4.220.

• f. The board shall render its decision in connection with any request for the sale, transfer, lease or assignment of a license within 90 days after receipt of a request therefor and all material information required in connection therewith. If no final decision is made within 90 days after the county’s receipt of the grantee’s completed application with all required information, the application will be deemed approved, unless the 90-day period is extended by mutual agreement of the grantee and the county.

• g. The board, after a public hearing, may grant or deny a transfer application. The board shall grant or deny such application by resolution and, where the application is denied, the board shall state the reasons therefor.

• h. Upon foreclosure or other judicial sale of all or a substantial part of the system or upon the termination of a lease covering all or a substantial part of the system, grantee shall notify the county of the fact. The notification shall be considered as notice that a change in control or grantee has occurred. In this case the board’s approval of the new owner of the system must be obtained as herein required.

• i. Within 30 days after the date of the resolution approving transfer of the license, or within such extended period of time as the board in its discretion may authorize, the transferee shall file with the clerk of the board its written acceptance of the license, in a form satisfactory to the county counsel, together with all required bonds and insurance certificates, and its agreement to be bound by and to comply with and to do all things required of it by the provisions of this article and the license award resolution. Such acceptance and agreement shall be acknowledged by the transferee before a notary public and shall be in a form and content satisfactory to and approved by the county counsel.

• j. The county may cancel a license 60 days or later after the appointment of a receiver or trustee to take over and conduct the business of the grantee, whether in receivership, or other action or proceeding, unless the receivership or trusteeship is vacated prior to the expiration of the 60 days, or unless:

  • 1. Within 60 days after his/her election or appointment, the receiver or trustee complies with this division and remedies all defaults; and
  • 2. Such receiver or trustee, within 60 days, executes an agreement, approved by the court, whereby the receiver or trustee assumes and agrees to be bound by this division and the license granted to grantee.

• k. A transferee shall expressly assume all obligations of grantee and expressly agree to be bound by this division and the license award resolution and is required to sign the license agreement.

• l. The provisions of subsections (i) and (k) shall not apply where the consent of the board is obtained due to any change in control or ownership of the original grantee as required under the provisions of subsection (b) of this section.

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.4.228

§ 5.4.228

• m. Failure to comply with the requirements of this section is a material breach of this chapter, subject to the remedies provided for in this division.

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City of Oakley, CA § 5.4.302

BUSINESS REGULATIONS

§ 5.4.302

Article 3

GENERAL FINANCIAL AND INSURANCE REQUIREMENTS

• a. The board shall set a license fee for each nonexclusive license granted within any licensed territory. The fee shall not exceed the maximum percent allowed by law of all the grantee’s annual gross receipts from all sources attributable to the operation of the cable system, as defined in Section 5.4.118.

• b. The initial percent required shall be established by the license award resolution. During the term of any license granted, after advance, written notification to the grantee, the board may, by resolution adopted at a regularly-scheduled meeting and effective no less than 60 days from its adoption, require the payment of a larger or greater percent of the gross annual receipts of any grantee for the remaining term of such license. In increasing the license fee applicable to existing licenses renewed pursuant to this article or otherwise subject to this article, the county shall adopt a uniform fee so that all such grantees are at all times paying the county the same percentage of gross annual receipts. Before increasing a grantee’s license fee more than 1% e.g., from 5% to 6% of gross annual receipts. within any consecutive two calendar years, the board shall hold at least one public hearing. In no event shall the maximum license fee payable by a grantee exceed 8% of gross annual receipts.

• c. The license fee shall be in addition to any other tax, fee or assessment of general applicability, including without limitation any tax, fee or assessment imposed on utilities and cable operators or their services, owed to the county by the grantee. However, gross annual receipts of a grantee shall not be subject to payment of a business license tax or fee, except to the extent such business license tax or fee exceeds the license fee paid under this article, in which case the grantee owes the excess.

• d. Once a grantee has paid a license fee to the county on certain gross annual receipts, the grantee’s distribution of all or a portion of such receipts to its affiliates, parent companies or subsidiaries shall not also be subject to payment of a license fee under this article.

• e. If a grantee gives a discount of 10% or more to any basic service only subscriber in whose name the account is held, with verifiable financial need, such as receipt of Supplemental Security Income ("SSI"), Aid to Families with Dependant Children ("AFDC"), or General Assistance, then payments received by the grantee from such subscriber may be excluded from gross annual receipts, and consequently, not be subject to a license fee.

• f. The license fee shall be payable to the county annually, semiannually or quarterly, as specified in the license award resolution. The license fee shall be paid no later than 60 days following the end of the year, half-year or quarter, as applicable, for which the payment is made. The grantee shall annually submit to the county a complete and accurate statement of all gross annual receipts. The statement shall be in a form and content acceptable to the County Administrator and shall be verified by the controller or financial officer of the company. The annual statement shall be submitted not later than 90 days following the end of each calendar or fiscal year, as applicable.

• g. The county shall have the right to inspect the grantee’s income records necessary to determine the grantee’s gross receipts in accordance with the provisions of this article and

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.4.302

§ 5.4.304

the grantee’s license award resolution and the right to audit and to re compute any amounts determined to be payable under these rules and regulations provided, however, that such audit shall commence within 48 months following the county’s receipt of the grantee’s statement of gross annual receipts, and provided further that the county shall, to the extent permitted by law, maintain the confidentiality of any trade secrets or other proprietary information in the possession of the grantee. Such income records shall be exempt from inspection pursuant to this section, however, to the extent required by applicable laws regarding subscriber privacy. Any additional amount due to the county as a result of the audit shall be paid within 30 days following written notice to the grantee by the county, which notice shall include a copy of the audit report. Should the additional amount due exceed 2% of the license fee payment which was the subject of the audit, the grantee shall also reimburse the county for all audit costs.

• h. In the event that any license fee payment or recomputed amount, cost or penalty, is not made on or before the applicable dates heretofore specified, interest shall be charged daily from such date at the annual rate of 12%. The provision of such interest for late payments does not provide the exclusive remedy for any such breach of a license and the board may also take actions as otherwise provided in this division.

• i. The grantee shall have the right to contest, by appropriate proceedings conducted in good faith, any determination by the county that additional license fees are due and owing as the result of any audit or otherwise, but the filing of such proceedings shall not delay or otherwise affect the due date specified in subsection (h) of this section.

• a. Within 30 days after approval of the license award resolution by the board, the grantee shall deposit with the county a performance bond issued by a company admitted to transact surety insurance business in the State of California, in a form reasonably acceptable to the county and in an amount to be specified in the license award resolution. The performance bond shall be used to insure faithful performance by the grantee of all provisions of the license and compliance with all orders, permits and directions of any agency, commission, board, department, division or office of the county having jurisdiction over its acts or defaults under this license, and the payment by the grantee of any claims, liens and taxes due the county which arise by reason of the construction, operation or performance of the system.

• b. The performance bond shall be maintained at the principal amount identified in the license award resolution during the entire term of this license, even if amounts have to be withdrawn pursuant to the provisions of this section.

• c. If the grantee fails to perform any of its obligations under this division within the notice and time to cure set forth in Section 5.4.802, the county may immediately request payment with interest from the grantee’s surety. Such payment shall be due and payable within 30 days. Upon such request for payment, the county shall notify the grantee and/or surety of the amount and date thereof. There shall be a reasonable allowance for attorney’s fees, including the county’s legal staff, and other documented costs up to the full amount of the bond.

• d. The rights reserved to the county with respect to the performance bond are in addition to all other rights of the county, whether reserved by this license or authorized by law, and no

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City of Oakley, CA § 5.4.304

OAKLEY CODE

§ 5.4.308

action, proceeding or exercise of a right with respect to such performance bond shall affect any other right the county may have.

• e. The performance bond shall contain the following endorsement or language equivalent in form and content and acceptable to the county: "It is hereby understood and agreed that this performance bond may not be canceled or not renewed by the surety until 30 days after receipt by the county, by registered or certified mail, of a written notice of such intention to cancel or not to renew."

• f. The county reserves the right, at any time to increase or decrease the amount of the performance bond required under this section if reasonably related to inflation, construction, subscriber base, PEG requirements, the grantee’s performance or any other factor considered relevant by the board. Such in crease or decrease shall occur no more frequently than once every 24 months, and the amount of increase or decrease during such period shall not exceed 25% or the rate of change in the CPI, whichever is greater. Within 60 days of receipt of a notice requiring increased or decreased bond coverage, the grantee shall obtain such cover age and shall furnish the revised bond with the county.

• g. The county, in its discretion, may accept a corporate surety in lieu of the performance bond required under this section. Upon acceptance, the issuer shall be responsible to the same extent as the surety under a performance bond issued pursuant to this section.

• a. As applicable, at least 30 days prior to commencement of any major construction affecting the cable system in the unincorporated areas of Contra Costa County, the grantee shall file with the county, a construction bond issued by a company admitted to transact surety insurance business in the State of California, in a form reasonably acceptable to the county, in such amount as is set forth in the license award resolution, in favor of the county. The construction bond shall be maintained throughout the construction period and until such time as the construction work is completed in accordance with all requirements of this article and other applicable codes, laws arid regulations, whether State, Federal or Local in origin. For purposes of this section, "major construction" shall be defined as any system rebuild or upgrade, or any other construction costing in excess of $1,000.

• b. In the event the grantee fails to complete the construction work on schedule except for causes or events beyond the grantee’s control, as defined in Section 5.4.1004, fails to perform the construction work in a workmanlike manner, or fails to comply with any other construction-related requirement of this article or the license award resolution, there shall be recoverable, jointly and severally, from the principal and surety on the bond, any damages or loss suffered by the county as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee plus a reasonable allowance for attorney’s fees, including the county’s legal staff, and other documented costs, up to the full amount of the bond.

• c. The construction bond shall contain the following endorsement or language equivalent in form and content and acceptable to the county: "It is hereby understood and agreed that this construction bond may not be canceled or not renewed by the surety until 30 days after receipt by the county, by registered or certified mail, of a written notice of such intention to cancel or not to renew."

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.4.308

§ 5.4.310

• a. Throughout the entire term of the license, including any renewal, the grantee shall, at its own sole expense, maintain in effect the following policies of insurance:

  • 1. Worker’s compensation insurance as required by State Law; and
  • 2. Comprehensive general liability insurance, including blanket contractual or contractual liability coverage, broad form property damage coverage, and coverage for owned and non-owned automobiles, with a minimum combined single limit cover age of $1,000,000 or such greater amount as may be required in the license award resolution. for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including loss of use, arising out of each accident or occurrence, and naming the county, its boards, officers, agents and employees as additional insureds.

• b. Concurrently with the filing of an acceptance of award of any license granted under this division, the grantee shall furnish to the county and file with the Clerk of the Board certificates of insurance evidencing the required insurance coverage and requiring at least 30 days’ written notice to the county of policy lapse or cancellation or reduction in coverages required by this division.

• c. The insurance policies shall be issued by companies authorized to sell insurance in California with a current rating of "B" or better by the A.M. Best Company, and shall be in a form acceptable to the county Finance Director.

• d. The County Administrator reserves the right, at any time, to increase the amount of insurance required under this section if reasonably related to inflation or to hazards associated with the operation of a cable system. Such increase shall occur no more frequently than once every 24 months, and the amount of such increase during such period shall not exceed 25% or the rate of change in the CPI, whichever is greater. Increases shall be applicable to all grantees and occur substantially in a concurrent time frame, except in cases of increases due to hazards related to a specific grantee. Within 60 days of receipt of a notice requiring increased insurance and explaining the reason for the increase, the grantee shall obtain such increased coverage and shall furnish to the County Administrator and file with the clerk of the board amended certificates evidencing the increased coverage.

• e. In the event a policy of insurance furnished by the grantee lapses or is canceled, and the grantee fails to reinstate coverage within the notice and time to cure set forth in Section 5.4.802(a), the county reserves the right, but shall not be obligated, to purchase comparable insurance at the grantee’s expense and to recover the cost from the grantee or any bonds or other security posted by the grantee. The availability of this remedy shall not limit any other remedies available to the county.

• f. The insurance provided under this section is not conditioned or dependent on whether or not the county has approved any plans or specifications in connection with this license, or has insurance or other indemnification covering any of these matters. The insurance provided under this section shall provide primary coverage.

By accepting a license, the grantee agrees to defend, indemnify, save and hold harmless the

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City of Oakley, CA

OAKLEY CODE

§ 5.4.310

§ 5.4.312

county, its boards, commissions, officers and employees against any and all claims, costs and liability for any damages, injury or death arising from or connected with the grantee’s operations, due to or claimed or alleged to be due to negligent or wrongful acts, errors or omissions of the grantee, its officers, employees, contractors, agents or any person under its direction or control, save and except claims or litigation arising through the county’s sole negligence or sole willful misconduct, and will defend any such suits at the sole cost and expense of the grantee, and failing to do so, will make good to and reimburse the county for any expenditures, including reasonable attorney’s fees, the county may make by reason of such matters. The provisions of this section are in addition to, and not in lieu of, bond and insurance requirements contained in this division. Nothing in this section shall limit the liability of the companies issuing such bonds or insurance. Similarly, the furnishing of bonds and insurance, as required in this division, shall not in any way limit the grantee’s obligations under this section.

• a. Notwithstanding the provisions of Section 5.4.310, the county agrees to defend, indemnify, save and hold harmless the grantee, its directors, officers, shareholders and employees against any and all claims, costs and liability for any damages, injury or death arising from or connected with the county’s use of the grantee’s cable system, due to or claimed or alleged to be due to negligent or wrongful acts, errors or omissions of the county, its officers, employees, contractors, agents or any person under its direction or control, save and except claims or litigation arising through the grantee’s sole negligence or sole willful misconduct, and will defend any such suits at the sole cost and expense of the county, and failing to do so, will make good to and reimburse the grantee for any expenditures, including reasonable attorney’s fees, the grantee may make by reason of such matters. As used in this section, the term "use" shall refer only to physical use of the grantee’s cable system, such as the cable casting of PEG programming described in Section 5.4.608, the use of the grantee’s poles and aerial structures described in Section 5.4.424 and the activation by the County of the Emergency Override System described in Section 5.4.520, but shall not include free service installed to public buildings, as described in Section 5.4.616.

• b. Nothing in Section 5.4.310 or this section is intended or shall be construed to:

  • 1. Impose any standard of care toward third parties greater than the standard of care normally imposed by law; or
  • 2. Preclude the assertion against third parties of any defense provided by statute, case law or other wise. The county shall indemnify the grantee as set forth in the interconnect and public access agreement described in Section 5.4.608.

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.4.402

§ 5.4.406