Minimum service standards and standards governing consumer protection and response by grantee to subscriber complaints not otherwise provided for in this chapter may be established in the franchise agreement, and grantee shall comply with such standards in the operation of the cable television system.
(Ord. 993 § 1, 1994)
After the franchise is granted, the grantee shall pay to the grantor a franchise fee of up to five percent of gross revenues in accordance with terms set forth in the franchise agreement.
(Ord. 993 § 1, 1994)
Grantee shall, at all times during the life of the franchise, keep on file with the city council a bond running to the grantor in such amount established in the franchise agreement with sureties to be approved by the city council. The bond shall be available to grantor to satisfy an amount due grantor from grantee which arise in accordance with the terms and conditions of the franchise agreement.
(Ord. 993 § 1, 1994)
A. 
Grantee shall obtain required permits from the city before commencing construction involving the opening or disturbance of any street or public property. The city shall cooperate with the grantee and use its best efforts in granting any permits required. Grantee shall arrange its lines, cables and other appurtenances, on any street or public property, in such a manner as to cause no unreasonable interference with the usual and customary use of said street or public property of any person.
B. 
Methods of construction, installation, and maintenance of the grantee's cable system shall comply with the National Electrical Safety Code to the extent that such code is consistent with local law affecting the construction, installation, and maintenance of electric supply and communication lines.
C. 
Any and all streets or public property which are disturbed or damaged during the construction, operation or maintenance of the system shall be promptly repaired by grantee, at its expense and to a condition reasonably comparable to its condition prior to the disturbance or damage.
D. 
Grantee may cut or trim trees and vegetation with National Electrical Safety Code and other clearance requirements.
E. 
In the event it is necessary temporarily to move or remove any of grantee's wires, cables, poles, or other facilities placed pursuant to the franchise, in order lawfully to move a large object, vehicle, building or other structure over the streets of city, upon thirty days prior notice by city to grantee, grantee shall move at the expense of the person requesting the temporary removal such of his or her facilities as may be required to facilitate such movement.
F. 
Grantee shall at all times take reasonable precautions for preventing failures and accidents which are likely to cause damage or injury to the public, to employees of grantee, and to public or private property.
G. 
All lines, equipment, and facilities within the service area shall at all times be kept and maintained in a safe and suitable condition and in good order and repair.
H. 
In all other cases, grantee shall be eligible for relocation compensation to the same extent as the grantor compensates any utility companies.
(Ord. 993 § 1, 1994)
A. 
The grantee shall construct, install, operate and maintain its system in a manner consistent with FCC technical standards. In addition, the grantee shall provide to the grantor, upon request, a written report of the results of the grantee's annual proof of performance tests conducted pursuant to FCC standards and requirements.
B. 
The grantee shall continue, through the term of the franchise, to maintain FCC technical standards. Should the grantor find that the grantee has failed to maintain FCC technical standards, and should the grantor specifically enumerate those standards with which grantee is not in compliance, the grantee shall make such improvements as are necessary to meet those standards.
(Ord. 993 § 1, 1994)
If during the term of the franchise federal law permits municipal regulation of basic cable service rates, the city shall have the option, upon proper notice to the company and an opportunity for the company to comment, to regulate basic cable service rates, but only to the extent permitted by federal law.
(Ord. 993 § 1, 1994)
A. 
Pursuant to its franchise, the grantee, for itself and its successors and assigns (referred to in this section as the "indemnitors"), shall be required to covenant and agree to defend, indemnify and hold harmless the grantor, its officers, officials, employees, and volunteers (referred to in this section as the "indemnitees") from and against any and all liabilities and obligations asserted or other claims, actions, judgments, assessments, taxes (including without limitation federal, state and local income taxes and property taxes), charges, lines, penalties, debts, damages, costs or expenses of any kind (including without limitation legal fees and costs) suffered, incurred or accrued by any of the indemnitees (individually, an "Obligation") by reason of or arising from the following:
1. 
The breach of any representation or warranty as of the date made by the indemnitors under the franchise, any exhibit or any document, instrument or certificate delivered by the indemnitors pursuant to the franchise, including the falsity, inaccuracy or incompleteness thereof;
2. 
Breach or default by the indemnitors in the observance or performance of any of the indemnitors' other obligations under the franchise.
B. 
Upon the occurrence of any event which may give rise to an obligation for which the indemnitors are or may be liable under this section (any such event, a "claim"), the indemnitees shall promptly, after knowledge thereof, notify the indemnitors in writing and give the indemnitors a reasonable opportunity to attempt to defend or settle such claim, including to employ counsel reasonably satisfactory to the indemnitees and their counsel for the purpose of defending or settling any such claim, provided that the indemnitors shall not settle any claim which would impose any obligation upon the indemnitees without the indemnitees' prior written consent, which consent shall not be unreasonably withheld. Any indemnitee may, at its election and expense, participate in any attempt by the indemnitors to settle or defend any such claim subject to the understanding that control of the defense of any such claim remains with the indemnitors and their counsel. With respect to any claim which is ultimately determined to be an obligation for which the indemnitors are obligated to indemnify the indemnitees, in the event that the indemnitors fail to defend the indemnitees or to employ counsel for the indemnitees for such purpose, then the indemnitees may defend against such claim in such manner as they may deem appropriate and the indemnitees may settle such claim on such terms as they may deem appropriate. The indemnitors shall promptly reimburse the indemnitees for the amount of all settlements, pavements and expenses, legal and otherwise, incurred by the indemnitees in connection with the defense or settlement of such claim. If no settlement of such claim is made, then the indemnitors shall satisfy any judgment rendered with respect to such claim before the indemnitees are required to do so, and pay all expenses, legal or otherwise, incurred by the indemnitees in the defense against such claim. Except as set forth above, the indemnitees shall not have the right to settle any claim without the approval of the indemnitors, provided that if the indemnitors disapprove such settlement, then they must assume the defense of such claim and reimburse the indemnitees for all expenses of the indemnitees to the date of assumption. The failure of the indemnitors to assume such defense and to pay such reimbursement shall give the indemnitees the right to settle such claim.
C. 
Every expense of any attempt to settle or defend a claim, including without limitation expenses for proceedings, negotiations, investigations, settlements or suits, shall be borne solely by the indemnitors. Notwithstanding any such attempt or the outcome thereof, the obligations of the indemnitors to the indemnitees under this section shall not be relieved, reduced or otherwise affected.
D. 
No indemnification shall be required of the indemnitors for the initial one thousand dollars of indemnifiable obligations of the indemnitees.
(Ord. 993 § 1, 1994)
A. 
On or before commencement of franchise operations, the grantee shall obtain policies of liability, worker's compensation and property insurance from companies authorized to transact business in California by the Insurance Commissioner of California.
B. 
The policy of liability insurance shall:
1. 
Be issued to grantee and name grantor, its officers, officials, agents, employees, and volunteers as additional insureds;
2. 
Indemnify for all liability for personal and bodily injury, death and damage to property arising from activities conducted and premises used pursuant to this chapter by providing coverage therefor, including but not limited to coverage for:
a. 
Negligent acts or omissions of grantee and its employees, committed in the conduct of franchise operations, and/or
b. 
Use of motor vehicles;
3. 
Provide a combined single limit for comprehensive general liability and comprehensive automobile liability insurance in the amount provided for in the franchise agreement; such insurance policy shall be subject to the review and approval of grantor's legal counsel;
4. 
Be noncancelable without thirty days' prior written notice thereof directed to grantor; and
5. 
Contain such other provisions as required by the franchise.
C. 
The policy of worker's compensation insurance shall:
1. 
Have been previously approved as to substance and form by the California Insurance Commissioner;
2. 
Cover all employees of grantee who in the course and scope of their employment are to conduct the franchise operations;
3. 
Provide for every benefit and payment presently or hereinafter conferred by Division 4 of the Labor Code of the State upon an injured employee, including vocational rehabilitation and death benefits; and
4. 
Contain such other provisions as required by the Franchise.
E. 
Grantee shall file with the City Clerk commencement of franchise operations either certified copies of these insurance policies or a certificate of insurance for each of the required policies executed by the company issuing the policy or by a broker authorized to issue such a certificate, certifying that the policy is in force and providing the following information with respect to said policy:
1. 
The policy number;
2. 
The date upon which the policy will become effective and the date upon which it will expire;
3. 
The names of the named insureds and any additional insured required by this chapter or the franchise agreement;
4. 
The subject of the insurance;
5. 
The type of coverage provided by the insurance; and
6. 
Amount or limit of coverage provided by the insurance.
F. 
Conduct of franchise operations shall not commence until grantee has complied with the aforementioned provisions of this section, or with the specific insurance provisions that the grantor and grantee agreed to in the franchise agreement.
G. 
In the event grantee fails to maintain any of the above-described policies in full force and effect, grantor shall, upon forty-eight hours' notice to grantee, have the right to procure the required insurance and recover the cost thereof from grantee. Grantor shall also have the right to suspend the franchise during any period that grantee fails to maintain said policies in full force and effect.
(Ord. 993 § 1, 1994)