Yolo County Municipal Code Art. 7 Bonds and Insurance

Sec.11-2.701. Performance bond.

Each licensee shall file with it application for a license, and at all times thereafter until the filing of a final notice of completion pursuant to Section 11-2.404(a) of this chapter, maintain in full force and effect an acceptable corporate surety bond issued by a surety licensed therefor by the State of California in an amount equal to the greater of (a)the licensee’s estimate of the total cost of the sum of (i)the product of the number of miles of aerial plant (to the nearest one-tenth (1/10) of a mile) in the license area and Eighteen Thousand and no/100ths ($18,000.00) Dollars and (ii)the product of the number of miles of underground plant (to the nearest one-tenth (1/10) of a mile) in the license area and Thirty-Two Thousand and no/100ths ($32,000.00) Dollars effective for the entire term of the license, and conditioned that in the event the licensee shall fail to comply with any one or more of the provisions of the license documents, whether or not the license is terminated, then there shall be recoverable jointly and severally from the principal and surety of such bond, any damages suffered by the County as a result thereof, including but not limited to, the full amount of any liquidated damages, delinquent license fees, compensation and costs of repairing or completing the cable television system, and compensation, and cost of removal or abandonment of property and repair of streets and other public or private impoundments, up to the full amount of the bond; said condition to be a continuing obligation for the duration of the license and thereafter until the licensee has satisfied all of its obligations which may have arisen from the acceptance of the license or from its exercise of any privilege thereunder.

Upon the issuance of a final order of completion pursuant to Section 11-2.404(a) of this chapter, the amount of the aforesaid corporate surety bond shall be reduced to an amount equal to Fifty and no/100ths ($50.00) Dollars for each dwelling unit located within the license area upon the date of the notice of final completion and maintained at such an amount at all times thereafter during the operation of the cable television system.

Neither the provisions of this section, any bond accepted pursuant thereto, nor any damages recovered thereunder shall be construed to excuse faithful performance by the licensee or to limit the liability of the licensee under the license or for damages, either to the full amount of the bond or otherwise. The bond shall contain a provision which prohibits cancellation by the surety during the term of the license, whether for failure to pay a premium or otherwise, without thirty (30) calendar days advance written notice mailed by the surety to the Clerk of the Board of Supervisors. The form of the bond and surety shall be subject to the approval of the Board of Supervisors. (§ 1, Ord. 1095, eff. July 27, 1989)

(a) Each licensee shall, at its sole expense, fully indemnify, defend and hold harmless the County, and in their capacity as such, the officers, agents and employees thereof, from and against any and all claims, suits, actions, liability and judgments for damages or otherwise:

(1) For actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of the licensee or its officers, agents, employees or contractors or to which the licensee’s or its officers, agents, employees or contractors acts or omissions in any way contribute;

(2) Arising out of or alleged to arise out of any claim for damages for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trade mark, trade name, service mark or patent, or of any other right of any person, firm or corporation; and

(3) Arising out of or alleged to arise out of licensee’s failure to comply with the provisions of any statute, regulation or ordinance of the United States, State of California or any local agency applicable to the Licensee in its business.

(b) The indemnification and hold harmless provisions of this Section shall include those activities proscribed by Section 11-2.406.

(c) Nothing herein shall be deemed to prevent the parties indemnified and held harmless herein from participating in the defense of any litigation by their own counsel at the licensee’s sole expense. Such participation shall not under any circumstances relieve the licensee from its duty of defense against liability or of paying any judgment entered against such party. (§ 1, Ord. 1095, eff. July 27, 1989)

As a part of the indemnification provided by Section 11-2.702, but without limiting the foregoing, each licensee shall file with the application, and at all times thereafter maintained in full force and effect at its sole expense, an acceptable policy or policies of liability insurance, including comprehensive general liability insurance, products/completed operations liability, personal injury liability, owners and contractors protective liability, broad form property damage, and contractual liability, automobile liability (owned; nonowned and hired automobiles), workers compensation and employer liability. The policy or policies shall name as primary insured the County and their capacity as such, their officers, agents and employees. The licensee and said County and officers, agents, and employees shall be named as co-insured and the policy or policies shall contain cross-liability endorsements. The policy or policies of insurance shall be in the minimum single limit amount of Five Million and no/100ths ($5,000,000.00) Dollars per occurrence. The insurance policy or policies shall contain contractual liability insurance naming the licensee, and shall insure against the types of liabilities covered by the indemnification and hold harmless provisions of Section 11-2.702.

The insurer or insurers shall be authorized to write the required insurance, approved by the Insurance Commissioners of the State of California, and subject to the reasonable approval of the Board of Supervisors. The form and substance of the policy or policies of insurance shall also be subject to approval by the Board of Supervisors.

The policy or policies of insurance shall be maintained by the licensee in full force and effect during the entire term of the license. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of the licensee or for other reasons, except after thirty (30) calendar days advance written notice mailed by the insurer to the Clerk of the Board of Supervisors and that such notice shall be transmitted, postage prepaid, with return receipt requested, and addressed to the Clerk at 625 Court Street, Woodland, California. 95695. (§ 1, Ord. 1095, eff. July 27, 1989)

Each licensee shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against the County and in their capacities as such the officers, agents, and employees thereof in connection with any damage covered by any policy, whether for nonpayment of premium, or otherwise, and whether at the request of the licensee or for other reasons, except after thirty (30) calendar days advance written notice mailed by the insurer to the Clerk of the Board of Supervisors and that such notice shall be transmitted postage prepaid, with return receipt requested, and addressed to the Clerk of the Board of Supervisors at 625 Court Street, Woodland, California, 95695. (§ 1, Ord. 1095, eff. July 27, 1989)