§ 78-406. Insurance; indemnification.

(a)

Required insurance. A facility owner shall at all times maintain the following liability insurance coverage insuring the registrant and naming the city, its commissioners, officers, employees and agents, as additional insureds:

(1)

Worker's compensation and employer liability insurance to meet all requirements of state law; and

(2)

Comprehensive general liability insurance with respect to the construction, operation and maintenance of the communications services facilities, of not less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00 in the aggregate.

(b)

All insurance policies shall be with insurers qualified to do business in the state.

(c)

A registrant may provide a portion of the insurance coverage required by subsection (a) of this section through excess or umbrella policies of insurance and where such policies are in a form acceptable to the city's risk manager.

(d)

Certificates. A registrant shall keep on file with the city its current certificates of insurance which evidences current insurance coverages. The certificates of insurance for the comprehensive general liability insurance shall further provide that any cancellation or reduction in coverage shall not be effective unless 30 days' prior written notice thereof has been given to the city. A registrant shall not cancel any required insurance policy without submission of proof that the registrant has obtained alternative insurance satisfactory to the city which complies with this article.

(e)

In the event of a potential claim such that the city claims insurance coverage, the facility owner shall immediately respond to all reasonable requests by the city for information with respect to the scope of the insurance coverage.

(f)

A registrant shall, at its sole cost and expense, release, indemnify, hold harmless, and defend the city, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses, sustained by the city, in connection with each such claim, suit, cause of action or proceeding, including, but not limited to, reasonable attorney's fees, arising out of the construction, maintenance or operation of its communications system or facilities in the public rights-of-way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this article; provided, however, that a facility owner's obligation under this subsection shall not extend to any claims caused by the negligence or willful acts of the city. This indemnity shall survive and continue in full force and effect as to the registrant's responsibility to indemnify. The city agrees to notify the registrant, in writing, within a reasonable time of the city receiving notice, of any issue it determines may require indemnification. Nothing in this section shall prohibit the city from participating in the defense of any litigation by its own counsel and at its own cost if in the city's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this provision shall be construed or interpreted (i) as denying to either party any remedy or defense available to such party under the laws of the state and (ii) as a waiver of sovereign immunity beyond the waiver or limitations provided in F.S. § 768.28.

(Ord. No. 4774-18, § 2, 10-22-2018)