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(A) Each cable operator shall indemnify, defend and hold the town, its officers, boards, commissions, agents and employees (collectively the “indemnified parties”) harmless from and against any and all lawsuits, claims, causes of action, actions, liability, demands, damages, judgments, settlements, losses, expenses (including reasonable attorneys’ fees) and costs of any nature that any of the indemnified parties may at any time, directly or indirectly, suffer, sustain or incur arising out of, based upon or in any way connected with the grant of a franchise to a cable operator, the operation of the cable operator’s cable system and/or the act and/or omissions of the cable operator or its agents or employees, whether or not pursuant to this chapter or any franchise granted hereunder.
(B) This indemnity shall apply, without limitation, to any action or cause of action for invasion of privacy, defamation, anti-trust, errors an omissions, theft, fire, violation or infringement of any copyright, trademark, trade names, service mark, patent or any other right of any person whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter or any franchise agreement, but shall exclude any claim or action arising out of the acts of omissions of indemnified parties or related to any town programming or other access programming for which the cable operator is not legally responsible.
(Prior Code, § 13.20.100) (Ord. 96-13.20, passed - -1996)
Within 60 days following the grant of a franchise, a cable operator shall obtain, pay all premiums for and make available to the town at its request copies of the following insurance policies:
(A) A general comprehensive liability insurance policy insuring, indemnifying, defending and saving harmless the indemnified parties from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the cable operator under any franchise granted hereunder or alleged to have been so caused or occurred with a minimum coverage of $1,000,000 for personal injury or death of one person, and $2,000,000 for personal injury or death of any two or more persons in any one occurrence;
(B) Property damage insurance for property damage occasioned by the operation of the cable operator under any franchise granted pursuant to this chapter, or alleged to have been so caused or occurred with minimum coverage of $1,000,000 for property damage to the property of any one person and $2,000,000 for property damage to the property of two or more persons in any one occurrence;
(C) Workers compensation insurance as provided by applicable local, state and federal laws;
(D) All insurance policies called for in this chapter shall be in a form satisfactory to the town with a company licensed to do business in the state with a rating by A.M. Best & Co. of not less that “A” and shall require 30 days’ written notice of any cancellations to both the town and the cable operator. The cable operator shall, in the event of any such cancellation notice obtain, pay all premiums for and file with the town, written evidence of the issuance of replacement policies within 30 days following receipt by the town or the cable operator of any notice of cancellation; and
(E) It shall be the obligation of the cable operator to properly notify the town of any pending litigation that would be likely to effect the indemnified parties.
(Prior Code, § 13.20.110) (Ord. 96-13.20, passed - -1996)
(A) A cable operator shall keep complete and accurate books of accounts and records concerning the business and operations of the cable system.
(B) In addition:
(1) The town shall have the right, on seven days’ written notice, to review at the cable operator’s local office all records pertaining to a cable operator’s cable operations with respect to the town which are necessary to the enforcement of this chapter or an applicable franchise. Any review, unless mutually agreed upon or judicially ordered, should occur within the cable operator’s regular office hours. Payroll information of employees and corporate officers within the company may only be requested in the aggregate on a summary prepared by the cable operator. The town acknowledges the sensitivity of these records, and will request this information only on as needed basis, and will treat this information as confidential and proprietary to the fullest extent allowed by law;
(2) The town shall have the right to hire, at its own expense, an independent certified public accountant, or other business or financial expert, to review the books and records of a cable operator pertaining to revenue information;
(3) A false entry in the books and/or records of a cable operator of a material and substantial fact shall constitute a material violation of this chapter. Erroneous entries shall not constitute a material violation if made in good faith; and
(4) If after a review or audit of a cable operator’s records, it is discovered that the cable operator has underpaid the town by an amount that exceeds 3% of the total amount paid for any reporting quarter, then the town may require the cable operator to reimburse the town for the actual cost of the audit, in addition to the amount of underpayment.
(Prior Code, § 13.20.130) (Ord. 96-13.20, passed - -1996)
(A) A cable operator shall maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week.
(B) In addition:
(1) Trained company representatives will be available to respond to customer telephone inquiries during normal business hours;
(2) After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day;
(3) A cable operator shall comply with any applicable FCC standards concerning customer response, installations, outages and service calls; and
(4) In order to assist the town in assessing the resolution of customer service requests, inquiries and complaints, a cable operator shall be required to keep and maintain service logs as required by the FCC, subject to any limitations imposed by state or federal law (including any subscriber privacy limitations).
(Prior Code, § 13.20.140) (Ord. 96-13.20, passed - -1996)
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