(A) Facilities. Upon request, each grantee shall provide the city with an accurate map or maps certifying the location of all telecommunications facilities within the public rights-of-way. Each grantee shall provide updated maps annually.
(B) Damage to grantee’s facilities. Unless directly and proximately caused by willful, intentional or malicious acts by the city, the city shall not be liable for any damage to or loss of any telecommunications facility within the public rights-of-way of the city as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling or work of any kind in the public rights-of-way by or on behalf of the city, or for any consequential losses resulting directly or indirectly therefrom.
(C) Duty to provide information. Within ten business days of a written request from the city, each grantee shall furnish the city with information sufficient to demonstrate:
(1) The grantee has complied with all requirements of this chapter; and
(2) All books, records, maps and other documents, maintained by the grantee with respect to its facilities within the public rights-of-way shall be made available for inspection by the city at reasonable times and intervals.
(D) Service to the city.
(1) If the city contracts for the use of telecommunication facilities, telecommunication services, installation or maintenance from the grantee, the grantee shall charge the city the grantee’s most favorable rate offered at the time of the request charged to similar users within the state for a similar volume of service, subject to any of the grantee’s tariffs or price lists on file with the OPUC. With the city’s permission, the grantee may deduct the applicable charges from fee payments.
(2) Other terms and conditions of such services may be specified in a separate agreement between the city and the grantee.
(E) Compensation for city property. If any right is granted, by lease, franchise or other manner, to use and occupy city property for the installation of telecommunications facilities, the compensation to be paid for such right and use shall be fixed by the city.
(F) Cable franchise. Telecommunication carriers providing cable service shall be subject to the separate cable franchise requirements of the city and other applicable authority.
(G) Leased capacity. A grantee shall have the right, without prior city approval, to offer or provide capacity or bandwidth to its customers; provided that, the grantee shall notify the city that such lease or agreement has been granted to a customer or lessee.
(H) Grantee insurance. Unless otherwise provided in a franchise agreement, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the grantee and the city, and its elected and appointed officers, officials, agents and employees as coinsured:
(1) Comprehensive general liability insurance with limits not less than:
(a) Three million dollars for bodily injury or death to each person;
(b) Three million dollars for property damage resulting from any one accident; and
(c) Three million dollars for all other types of liability.
(2) Automobile liability for owned, non-owned and hired vehicles with a limit of $1,000,000 for each person and $3,000,000 for each accident;
(3) Worker’s compensation within statutory limits and employer’s liability insurance with limits of not less than $1,000,000;
(4) Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000;
(5) The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the telecommunications franchise, and such other period of time during which the grantee is operating without a franchise hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: “It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the city, by registered mail, of a written notice addressed to the city of such intent to cancel or not to renew”;
(6) Within 60 days after receipt by the city of said notice, and in no event later than 30 days prior to said cancellation, the grantee shall obtain and furnish to the city evidence that the grantee meets requirements of this section; and
(7) As an alternative to the insurance requirements contained herein, a grantee may provide evidence of self-insurance subject to review and acceptance by the city.
(I) General indemnification. Each franchise agreement shall include, to the extent permitted by law, grantee’s express undertaking to defend, indemnify and hold the city and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney’s fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a franchise agreement made or entered into pursuant to this chapter.
(J) Performance surety. Before a franchise granted pursuant to this chapter is effective, and as necessary thereafter, the grantee shall provide a performance bond, in form and substance acceptable to the city, as security for the full and complete performance of a franchise granted under this chapter, including any costs, expenses, damages or loss the city pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, rules, regulations or permits of the city. This obligation is in addition to the performance surety required for construction of facilities.
(Prior Code, § 3.25.050) (Ord. 258, passed 2-1-1999)