Each franchisee shall file with its application for:
A. 
An initial franchise, and at all times thereafter until the filing of a final notice of completion pursuant to Section 6.60.260 A of this chapter, maintain in full force and effect, an acceptable corporate surety bond issued by a surety licensed therefor by the state in an amount equal to the greater of: (a) the franchisee's estimate of the total cost of construction of the CATV system within the franchise area; or (b) the sum of (i) the product of the number of miles of aerial plant (to the nearest one tenth of a mile) in the franchise area and eighteen thousand dollars and (ii) the product of the number of miles of underground plan (to the nearest one tenth of a mile) in the franchise area and thirty-two thousand dollars, and conditioned that in the event the franchisee shall fail to comply with any one or more of the provisions of the franchise documents, whether or not the franchise is terminated, then there shall be recoverable jointly and severally from the principal and surety of such bond, any damages suffered by the county as a result thereof, including but not limited to, the full amount of any liquidated damages, delinquent franchise fees, compensation and cost of repairing or completing the cable television system, and compensation, and cost of removal or abandonment of property and repair of streets and other public or private improvements, up to the full amount of the bond; said condition to be a continuing obligation for the duration of the franchise and thereafter until the franchisee has satisfied all of its obligations which may have arisen from the acceptance of the franchise or from its exercise of any privileges thereunder. Upon the issuance of a final order of completion pursuant to Section 6.60.260 A of this chapter, the amount of the aforesaid corporate surety bond issued by a California-admitted surety shall be an amount equal to six dollars for each subscriber located within the franchise area upon the date of the notice of final completion and maintained at such amount at all times thereafter during the operation of the CATV system;
B. 
A franchise renewal. Applicant shall file with its application a corporate surety bond issued by a California-admitted surety equal to six dollars for each subscriber located within the franchise area at the time of application. Neither the provisions of this section, any bond accepted pursuant thereto, nor any damages recovered thereunder shall be construed to excuse faithful performance by the franchisee or to limit the liability of the franchisee under the franchise or for damages, either to the full amount of the bond or otherwise. The bond shall contain a provision which prohibits cancellation by the surety during the term of the franchise, whether for failure to pay a premium or otherwise, without thirty calendar days' advance written notice mailed by the surety to the clerk of the board of supervisors. The form of the bond and surety shall be subject to the approval by the county.
(Ord. CS 442 §1, 1991)
A. 
Each franchisee shall, at its sole expense, fully indemnify, defend and hold harmless the county, board of supervisors and in their capacity as such, the directors, officer, agents and employees thereof, from and against any and all claims, suits, action, liability and judgments for damages or otherwise:
1. 
For actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of the franchisee or its officers, agents, employees, or contractors or to which the franchisee or its officers, agents, employees or contractors acts or omissions in any way contribute;
2. 
Arising out of or alleged to arise out of any claim for damages by the franchisee for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person, firm or corporation; and
3. 
Arising out of or alleged to arise out of franchisee's failure to comply with the provisions of any statute, regulation or ordinance of the United States, state of California or any local agency applicable to the franchisee in its business.
B. 
Nothing in this section shall be deemed to prevent the parties indemnified and held harmless herein from participating in the defense of any litigation by their counsel without cost to franchisee. Such participation shall not under any circumstance relieve the franchisee from its duty of paying any judgment entered against such party.
(Ord. CS 442 §1, 1991)
A. 
As a part of the indemnification provided by Section 6.60.520, above without limiting the foregoing, each franchisee shall file within thirty days of franchise approval, and at all times maintain in full force and effect at its sole expense, an acceptable policy or policies of liability insurance, including comprehensive general liability insurance, products/completed operations liability, personal injury liability, auto liability (owned, nonowned and hired automobiles), workers' compensation and employer's liability. The county, board and officers, agents and employees shall be named as additional insureds, and the policy or policies shall contain cross-liability endorsements. The policy or policies shall be in the minimum single limit of five million dollars per occurrence. The insurance policy or policies shall contain contractual liability insurance naming the franchisee, and shall insure against the types of liabilities covered by the indemnification and hold harmless provisions of Section 6.60.520.
B. 
The insurers shall be authorized to write the required insurance, approved by the Insurance Commissioner of the state, and subject to the reasonable approval of the board and/or the director of risk management. The form and substance of the policy or policies of insurance shall also be subject to approval by risk management and county counsel.
C. 
The policy or policies of insurance shall be maintained by the franchisee in full force and effect during the entire term of the franchise. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of the franchisee or for other reasons, except after thirty days' advance written notice mailed by the insurer to the clerk of the board of supervisors of the county, and that such notice shall be transmitted postage prepaid, with return receipt requested, and addressed to the clerk at 1100 "H" Street, Modesto, California, 95354.
(Ord. CS 442 §1, 1991)