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ORD 19-19
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ORD 19-19
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Last modified
2/24/2020 12:51:13 PM
Creation date
11/5/2019 10:22:06 AM
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City Government
type
CCM
date
11/4/2019
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By acceptance of this Franchise, the Grantee agrees to indemnify, defend, and hold the City <br />harmless in accordance with the Cable Ordinance. <br />Section 6.2 Insurance. <br />At the time of acceptance of this Franchise, the Grantee will file with the City a Certificate <br />of Insurance in accordance with the Cable Ordinance. The Grantee must maintain such <br />insurance for the entire term of this Franchise. <br />Section 6.3 Performance Bond. <br />a. The Grantee must furnish to the Commission, for the benefit of all member <br />cities of the Commission, a single performance bond in the amount of Fifty Thousand <br />Dollars ($50,000.00) in a form and substance reasonably acceptable to the Commission. <br />The single bond provided to the Commission shall comply with the parallel bonding <br />requirements imposed by the other members of the Commission. The Grantee must <br />maintain the bond until this Franchise expires or is terminated. <br />b. The bond shall be conditioned upon Grantee's faithful performance in <br />accordance with the terms of this Franchise, the Cable Ordinance, and applicable laws and <br />regulations. The bond must provide that in the event the Grantee fails to comply with any <br />law, ordinance or regulation, any damages or loss suffered by the City as a result, including <br />the full amount of any compensation, indemnification or cost of removal or abandonment <br />of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, <br />up to the full amount of the security, will be recoverable jointly and severally from the <br />principal and surety of the bond, and further guaranteeing payment by the Grantee of <br />claims, liens and taxes due the City which arise. In the event this Franchise is revoked or <br />the rights hereunder relinquished or abandoned by Grantee, the City is entitled to collect <br />any resultant damages, costs or liabilities incurred by the City. <br />C. The City and Grantee acknowledge that it may be difficult or impossible to <br />accurately quantify actual damages or losses suffered by the City due to a violation or <br />unsatisfied obligation under this Franchise, the Cable Ordinance, or applicable laws or <br />regulations. Accordingly, the City may, in its reasonable discretion, collect liquidated <br />damages in an amount of up to Two Hundred and Fifty Dollars ($250.00) per violation of <br />any provision of this Franchise, the Cable Ordinance, or applicable laws or regulations in <br />an amount not to exceed Five Thousand Dollars ($5,000.00) in any calendar year. Each <br />violation may be considered a separate violation for which separate liquidated damages <br />can be imposed. <br />d. In the event the City will make any claim against the bond or otherwise <br />seeks to assess liquidated damages, the City must comply with Section 14 of the Cable <br />Ordinance governing enforcement of this Franchise. <br />
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