59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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(g) Performance Bond. As a condition of consent to Occupy or Use the Public Right -of -Way and to ensure full and complete compliance with, and per- formance under, this chapter, including any costs, expenses, damages or loss the City pays or incurs because of any failure attributable to the Service Provider to comply with the codes, ordinances, rules, regulations or permits of the City, each Service Provider shall, in the amount of Fifty Thousand Dollars ($50,000) or such lesser amount as the Director may determine to be necessary (i) provide an unconditional letter of credit, or other instru- ment acceptable to the City, or (ii) furnish and file with the City a Perfor- mance Bond running to the City in the required amount from a company li- censed to do business in the State of Ohio; which performance bond or let- ter of credit or other instrument shall be maintained at the sole expense of the Service Provider so long as any of the Service Provider's Facilities are located within the Public Right -of -Way of the City. The requirements of this Section 904.02(g) shall not apply to a Service Provider that: (1) has presumed initial consent to Occupy or Use the Public Right -of -Way under Section 904.02(b); and (2) has not been the subject of litigation or other en- forcement action by the City arising from the Service Provider's activities in the Public Right -of -Way within the five (5) years prior to initial or annual registration hereunder. (1) Before claims are made against the Performance Bond or letter of credit or other instrument, the City shall give written notice to the Service Provider: (A) describing the act, default or failure to be remedied, or the damag- es, cost or expenses which 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 or letter of credit or other instrument; (D) that the Service Provider will be given an opportunity to review the act, default or failure described in the notice with the Director. (2) Service Providers shall maintain the full value of the Performance Bond or letter of credit or other instrument regardless of claims against the Performance Bond or letter of credit or other instrument made by, or paid to, the City. 904.03 INITIAL AND ANNUAL REGISTRATION OF SERVICE PRO- VIDERS. (a) Initial Registration. Any Service Provider with presumed initial consent to Occupy or Use the Public Rights -of -Way as provided in Section 904.02(b) shall file an initial registration with the City within ninety (90) days of the effective date of this chapter, on a form provided by the City, which shall include the information in Section 904.02(c)(2) of this chapter. (b) Annual Registration Required. All Service Providers with consent to Occu- py or Use the Public Right -of -Way as provided in Section 904.02(a) shall {02299394 - I )