A. 
The grantee shall, concurrently with the filing of and acceptance of award of any franchise, file with the City Clerk, and at all times maintain in full force and effect for the term of such franchise or any renewal thereof, at grantee's sole expense, a corporate surety bond from a company and in form and content approved by the City Attorney. The bond shall be in the minimum amount of $500,000.00, renewable annually, and conditioned upon the faithful performance by the grantee of all obligations imposed by the franchise and this article and all applicable laws, 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 attorneys' fees and costs, up to the full amount of the bond, and specifically including the payment of the annual franchise fees. In the alternative the grantee shall deposit and maintain a minimum of an additional $100,000.00 in the security fund, as set forth in Section 13.96.020, for a total of at least $115,000.00 in the security fund.
B. 
Neither the provisions of this section, nor any bond accepted by the City, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise or for damages, either to the full amount of the bond or otherwise.
C. 
The bond shall provide that 30 days prior written notice of intention not to renew, cancellation, or material change, be given to the City, in which event the grantee shall provide a substitute bond complying with this section in form and content approved by the City Attorney.
D. 
Funds represented by the bond and/or in the security fund shall be recoverable by the City in case of noncompliance by the grantee, its assignees, vendees, lessees, or successors in interest.
(Prior code 6816; Ord. 32-79; Ord. 23-95)
A. 
Within 30 days after the effective date of the franchise, the grantee shall deposit into a bank account of the City, and maintain on deposit throughout the term of this franchise, the sum of not less than $15,000.00 as security for the faithful performance of all the provisions of the franchise, and the payment by the grantee of any claims, liens and taxes or franchise fees due the City which arise by reason of the construction, operation or maintenance of the cable system. The grantee shall have the right to earn interest on funds deposited in the security fund.
B. 
Within 30 days after notice to it that any amount has been withdrawn by the City from the security fund, the grantee shall deposit a sum of money sufficient to restore such security fund to the original amount.
C. 
If the grantee fails after 10 days' notice to pay to the City any overdue franchise fee or fails to repay to the City within such 10 days any damages, costs or expenses which the City is compelled to pay by reason of any act or default of the grantee in connection with this franchise; or fails after 30 days' notice of such failure by the City to comply with any provision of the franchise which the City reasonably determines can be remedied by an expenditure of the security, the City may immediately withdraw the amount thereof, with interest and any penalties, from the security fund. The City shall notify the grantee of the amount and date of any withdrawal.
D. 
The security fund shall become the property of the City in the event that the franchise is canceled by reason of the default of the grantee or revoked for cause up to the amount of any damages suffered by the City. The grantee shall be entitled to the return of such security fund, or portion thereof, as remains on deposit at the expiration or termination of the franchise if there are no outstanding defaults on the part of the grantee.
E. 
The rights reserved to the City with respect to the security fund are in addition to all other rights of the City whether reserved by this article or authorized by law. No action, proceeding or exercise of a right to such security fund shall affect any other right the City may have.
(Prior code 6819; Ord. 32-79; Ord. 23-95)
A. 
Upon acceptance of a franchise, the grantee shall file with the City Clerk and shall, during the entire term of the franchise, maintain in full force and effect, a general comprehensive liability insurance policy or policies provided by a company authorized to do business in the State of California. The insurance shall be written in a form approved by the City Attorney, and shall name the City, its City Council, boards, commissions, members thereof, and all officers, employees and agents, as additional insureds which shall be evidenced by an endorsement to that affect. The insurance shall be written on an occurrence basis and provide for minimum liability limits of $2,000,000.00 for bodily injury, death and property damage.
B. 
The policy or policies shall contain a provision that a written notice of any cancellation, modification or reduction in coverage of the policy be delivered to the City Clerk 30 days in advance of the effective date thereof. Such insurance shall be primary insurance and not contributing to any insurance held by the City. No franchise granted under this chapter shall be effective unless and until each of the foregoing policies of insurance as required in this section has been delivered to the City Clerk and approved by the City Attorney. Any substitute policy or policies shall be subject to the same approvals and shall comply with all of the provisions of this subsection.
(Prior code 6818; Ord. 32-79; Ord. 23-95)
The grantee shall defend, indemnify and hold harmless the City, its officers, boards, commissions, agents and employees, and each of them, against and from any and all claims, demands, actions, suits, liabilities and judgments of every kind and nature, and regardless of the merit of the same, arising out of or related to the exercise or enjoyment of any cable franchise granted pursuant to the provisions of this article, including costs of investigations, attorney's fees and court costs in the defense of any actions, to the extent that such claims or demands are alleged to be the result of an error, omission, intentional act or negligent act of grantee or any persons employed by or contracting with grantee, even if that grantee employee is in error or by misinformation alleged to be a City employee.
(Prior code 6817; Ord. 32-79; Ord. 23-95)
To the extent provided by law, the grantee shall have no recourse whatsoever against the City or any of its officers or employees for any loss, costs, expense or damages arising out of any provision or requirement of this chapter, or the franchise or from any attempt at enforcement or clarification of any provision or requirement of this chapter, or the resolution granting the franchise, or the enforcement of this article or the franchise. Any franchise granted under this article shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the City, the utility companies, or from others maintaining poles in streets, as herein defined, or other public easements or public properties. Nothing in this article is to be construed as granting to the grantee the right to cross or trespass upon, in any way, property which is not public property or within a suitable right-of-way.
(Prior code 6845; Ord. 32-79; Ord. 23-95)
The grantee shall have no financial interest, directly or indirectly, nor shall any of its officers, shareholders or employees, in any TV or radio sales or repair business; nor shall the grantee or any of such persons accept or receive referral fees or gratuities from any such sales or repair business. Any violation of this section, unknown to the grantee, by an employee of the grantee who is not an officer shall not constitute a breach of this section, unless the grantee should fail to institute prompt remedial action upon discovery thereof.
(Prior code 6823(b); Ord. 32-79; Ord. 23-95)