A. Scope Of Work: The franchise agreement shall specify the duties to be conducted by the franchisee, its successors and assigns, when and if approved by the Ely City Council, within the incorporated City limits.
B. Accountability: The franchisee, its successors and assigns, when and if approved by the Ely City Council shall be responsible to the City Council or its designee, as defined in the franchise agreement.
C. Records: The franchisee, its successors and assigns, when and if approved by the Ely City Council, shall be required to keep itemized accounts of all collections received under the privileges of this franchise, including the date the fee was charged, the amount of the fee, the date the fee was collected, and from whom the fee was collected; and allow the City Council or its designee to inspect, at all reasonable times, the books and records pertaining to all business done under the franchise at any time.
D. City Non-Liability Guarantee, Insurance: The franchisee, its agents, successors and assigns, if and when approved by the Ely City Council, shall be required to guarantee that in the exercise of duties under the franchise, every reasonable and proper precaution to avoid damage or injury to persons or property shall be used, and that the franchisee shall, at all times and under all circumstances, hold and save the City harmless from each and all such damage, injury, loss or expense caused or occasioned by reason of any act or failure to act of the franchisee, its officers, agents and employees. The franchisee, its successors and assigns if and when approved by the Ely City Council, further agrees that if the City is sued by any person or entity of any kind to recover damages for injury to any person or property on account of actions during performance of duties under the franchise, the franchisee, its successors and assigns shall defend all such suits and pay all judgment or judgments any court or courts may enter in such suits. Further, it shall be required to provide liability insurance in an amount of at least two million dollars ($2,000,000.00) per incident and four million dollars ($4,000,000.00) in the aggregate, unless amended by the City Council in an appropriate resolution, and shall provide the City with proof of such insurance, including a complete copy of the insurance policy and not just the declarations page.
E. Franchisee Bond: The franchisee, its successors and assigns, when and if approved by the City Council shall be required to provide a performance bond or time certificate in the amount specified in the franchise agreement to assure faithful performance of the requirements of the franchise. Said bond or time certificate shall be subject to the approval of the City Attorney.
F. Administrative Fee: The franchisee, its successors and assigns shall pay to the City an annual administrative fee to be specified in the franchise agreement to cover the City's costs to administer and monitor the franchise agreement. (Ord. 720, 4-11-2020)