(a) Certificate of Registration Applications. To obtain a Certificate of Registration or to obtain a renewal of a Certificate of Registration issued pursuant to this Chapter, an Application must be filed with the City on the form provided by the Engineering Division. Each Applicant shall pay a fee, to be determined by the Director, to reimburse the City for the actual costs of receiving, processing and granting/denying the Certificate of Registration. Such fee shall be paid within fifteen (15) days of invoice by the City. The Certificate of Registration, if granted, shall not be issued until such fee is paid.
(b) Application Information. The Applicant shall keep all of the information required in this Section current at all times, provided that Applicant or Provider shall notify the City of any changes to the information required by this section within fifteen (15) days following the date on which the Applicant or Provider has knowledge of any such change and shall notify the City of any changes to other information required by Section 903.08(b) within thirty (30) days following the date on which the Applicant or Provider has knowledge of such change. The information provided to the City at the time of Application shall include, but not be limited to:
(1) Each Applicant’s name, legal status, street address, and telephone and facsimile numbers.
(2) The name, street address, and telephone and facsimile numbers of a System Representative. The System Representative shall be available at all times. Current information regarding how to contact the System Representative in an emergency shall be provided at the time of Application and shall be updated as necessary to assure accurate contact information is available to the City at all times.
(3) A certificate of insurance provided to meet the requirements of this Section shall:
A. Verify that an insurance policy has been issued to the Applicant by an insurance company licensed to do business in the State of Ohio;
B. Verify that the Applicant is insured on an occurrence basis against claims for personal injury, including death, as well as claims for property damage arising out of the: use and occupancy of the Rights-of-Way by the Applicant, its officers, agents, employees and contractors; and placement and use of Facilities in the Rights-of- Way by the Applicant, its officers, agents, employees and contractors, including, but not limited to, protection against liability arising from any and all operations, damage of Underground Facilities, explosion, environmental release, and collapse of property;
C. Name the City, its elected officials, officers, employees, agents and volunteers as additional insureds as to whom the comprehensive general liability and completed operation and products liability insurance required herein are in force and applicable and for whom defense will be provided as to all such coverages;
D. Require that the City be notified thirty (30) days in advance of cancellation of, or coverage changes in, the policy. The liability insurance policies required by this Section shall contain the following endorsement: “It is hereby understood and agreed that this policy may not be diminished in value, be canceled, nor the intention not to renew be stated, until thirty (30) days after receipt by the City, by certified mail, return receipt requested, of a written notice addressed to the Director of such intent to cancel, diminish, or not to renew.” Within thirty (30) days after receipt by the City of said notice, and in no event later than five (5) days prior to said cancellation, the Provider (or Applicant) shall obtain and provide to the Director a certificate of insurance evidencing appropriate replacement insurance policies.
(4) Satisfying the requirements for comprehensive liability coverage, automobile liability coverage and umbrella coverage as follows:
A. Comprehensive general liability insurance: Comprehensive general liability insurance to cover liability, bodily injury, and property damage must be maintained. Coverage must be written on an occurrence basis, with the following minimum limits of liability and provisions, or their equivalent:
1. Bodily injury
Each occurrence: one million dollars ($1,000,000)
Annual aggregate: two million dollars ($2,000,000)
2. Property damage
Each occurrence: one million dollars ($1,000,000)
Annual aggregate: two million dollars ($2,000,000)
3. Personal Injury
Annual aggregate: two million dollars ($2,000,000)
B. Completed operations and products liability coverages shall be maintained for six (6) months after the termination of or expiration of a Certificate of Registration.
C. Property damage liability insurance shall include coverage for the following hazards: E-explosion, C-collapse, U-underground.
(5) Comprehensive auto liability insurance: Comprehensive auto liability insurance to cover owned, hired and non-owned vehicles must be maintained. Applicant may maintain comprehensive auto liability insurance as part of Applicant’s comprehensive general liability insurance, however, said insurance is subject to approval by the Director or her/his designee. Coverage must be written on an occurrence basis, with the following limits of liability and provisions, or their equivalent:
A. Bodily injury
Each occurrence: one million dollars ($1,000,000)
Annual aggregate: two million dollars ($2,000,000)
B. Property damage
Each occurrence: one million dollars ($1,000,000)
Annual aggregate: two million dollars ($2,000,000)
(6) Additional insurance: The City reserves the right in unusual or unique circumstances to require any other insurance coverage it deems reasonably necessary after review of any proposal submitted by Applicant.
(7) Self insurance: Those Applicants maintaining at all times a book value in excess of twenty million dollars ($20,000,000) may submit a statement requesting to self-insure. If approval to self-insure is granted, Applicant shall assure the City that such self-insurance shall provide the City with no less than would have been afforded to the City by a third party insurer providing Applicant with the types and amounts of coverage detailed in this Section. This statement shall include:
A. Audited financial statements for the previous year; and
B. A description of the Applicant’s self-insurance program.
C. A Listing of any and all actions against or claims made against Applicant for amounts over one million dollars ($1,000,000) or proof of available excess umbrella liability coverage to satisfy all total current claim amounts above twenty million dollars ($20,000,000).
(8) The City’s examination of, or failure to request or demand, any evidence of insurance in accordance with this Chapter, shall not constitute a waiver of any requirement of this Section and the existence of any insurance shall not limit Applicant’s obligations under this Chapter.
(9) Documentation that Applicant or Provider maintains standard worker’s compensation insurance as required by Law. Similarly, Provider shall require any subcontractor to provide worker’s compensation insurance in amounts required by Law for all of the subcontractor’s employees.
(10) If the Person is not a natural person, a copy of the certificate of incorporation (or its legal equivalent), as recorded and certified to by the secretary of state (or legal equivalent) in the state or country in which incorporated.
(11) A copy of the Person’s certificate of authority (or other acceptable evidence of authority to operate) from the PUCO and/or the FCC and any other approvals, permits, or agreements as set out in Section 903.07.
(12) Upon request of the City, a narrative (or if applicable PUCO/FCC application information) describing applicant’s proposed activities in the City including Credible information detailing Applicant’s financial, managerial, and technical ability to fulfill Applicant’s obligations under this Chapter and carry on Applicant’s proposed activities.
(c) Criteria for Issuance of a Certificate of Registration. In deciding whether to issue a Certificate of Registration, the City shall consider;
(1) Whether the issuing of the Certificate of Registration will contribute to the health, safety, and welfare of the City and its citizens;
(2) Whether issuing of the Certificate of Registration will be consistent with this Chapter;
(3) Whether Applicant has submitted a complete Application and has secured all certificates and other authorizations required by Law in order to Construct and operate a System in the manner proposed by the Applicant;
(4) Whether the Applicant is delinquent on any taxes or other obligations owed to the IRS, the City of Troy, Miami County, or the State of Ohio;
(5) Whether the Applicant has the requisite financial, managerial, and technical ability to fulfill all its obligations under this Ordinance and the issuance of a Certificate of Registration; and
(6) Any other applicable Law.
(d) Upon the approval of the Certificate of Registration, the Applicant, in order to ensure the full and complete compliance with, and performance under, this Chapter, including any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the Provider to comply with the codes, ordinances, rules, regulations or permits of the City, shall, in the amount of twenty thousand dollars ($20,000.00) establish a permanent security fund with the City by depositing the required amount in cash, provide an unconditional letter of credit, or other instrument acceptable to the City, or furnish and file with the City a performance bond in the required amount from a company licensed to do business in the State of Ohio, which such performance bond, security fund, letter of credit or other instrument shall be maintained at the sole expense of the Provider so long as the Provider has Facilities located in the Right-of-Way.
(1) Before claims are made against the security fund, performance bond, letter of credit or other instrument, the City shall give written notice to the Service Provider, unless such notice is inconsistent with the terms of the performance bond, letter of credit or other instrument:
A. Describing the act, default or failure to be remedied, or the damages, costs or expenses the City has incurred by reason of the Service Provider’s act or default;
B. Providing a reasonable opportunity for the Service Provider to first remedy the existing or ongoing default or failure, if applicable;
C. Providing a reasonable opportunity for the Service Provider to pay any monies due the City before the City makes a claim against the performance bond, letter of credit or other instrument; and
D. That the Service Provider will be given an opportunity to review the act, default or failure, described in the notice, with the Director of Public Service and Safety Manager.
(2) Service Providers shall maintain the full value of the performance bond, letter of credit or other instrument regardless of claims against the performance bond, letter of credit or other instrument made by, or paid to, the City.
(Ord. 74-2007. Passed 11-19-07.)