5.26.150 General Franchise Terms.
A. Facilities: Upon request and unless already provided by grantee, 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.
B. Damage to Grantee's Facilities: Unless directly and proximately caused by negligent, careless, wrongful, willful, intentional, or malicious acts by the City, and consistent with Oregon law, 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: Except in emergencies, within sixty (60) days of a written request from the City, each grantee shall furnish the City with the following:
1. Information sufficient to demonstrate that grantee has complied with all requirements of this Ordinance.
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: The City may request the grantee to provide telecommunications services to the City. Upon such request, the grantee will make available to the City the price lists and tariffs for its service offerings and will thereafter provide any ordered service to the City on the same basis as for any other person for a like and contemporaneous service under substantially similar circumstances.
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 cable franchise requirements of the Mt. Hood Cable Regulatory Commission, of which the City is a member.
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 ($3,000,000) for bodily injury or death to each person;
b. Three Million Dollars ($3,000,000) for property damage resulting from any one accident; and,
c. Three Million Dollars ($3,000,000) for all other types of liability.
2. Automobile liability for owned, non owned, and hired vehicles with a limit of One Million Dollars ($1,000,000) for each person and Three Million Dollars ($3,000,000) for each accident.
3. Workers' compensation within statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000).
4. Comprehensive form premises operations, explosions and collapse hazard, underground hazard, and products completed hazard with limits of not less than Three Million Dollars ($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 sixty (60) days after receipt by the City of said notice, and in no event later than thirty (30) days prior to said cancellation, the grantee shall obtain and furnish to the City evidence that the grantee meets the requirements of this Section.
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 Ordinance or by a franchise agreement made or entered into pursuant to this Ordinance.
J. Performance Surety: Before a franchise granted pursuant to this Ordinance 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 Ordinance, 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 by 5.26.090 for construction of facilities.