(A) Insurance. Every publisher or distributor who places or maintains a newsrack on public property, public right-of-way, public sidewalk, street or swale in the city shall furnish to the city's Risk Manager a certificate of insurance on October 1 of each year. Reasonable evidence of equivalent self-insurance coverage may be substituted by the applicant for the above certificate of insurance, subject to the approval of the Risk Manager and City Attorney. Insurance under this section shall run continuously with the presence of the applicant's newsrack(s) in city right-of-way, and any termination or lapse of such insurance shall be a violation of Chapter 120, subject to the appropriate remedy by the Office of Code Enforcement pursuant to Chapter 36, which shall include removal of said newsrack(s). Said certificate of insurance shall be kept current and renewed as long as such publisher or distributor maintains a newsrack on public property within the city. Such insurance shall be Comprehensive General Liability insurance with the limits being established by resolution of the City Commission.
Coverage shall include the following extensions: (a) contractual liability; (b) products and completed operations; (c) independent contractor's coverage; and (d) broad form general liability extensions or equivalent.
The following shall be named as additional insured: the City of Hollywood, including all elected and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. This coverage should be primary to the additional insurers and not contributing with any other insurance or similar protection available to the additional insurers, whether available coverage be primary, contributing or excess.
Cancellation notice. Comprehensive General Liability Insurance as described above shall include an endorsement stating the following: "Sixty (60) days advance written notice of cancellation or non-renewal shall be sent to the City's Risk Manager."
(B) Indemnification/hold harmless. Every publisher or distributor who places or maintains a Newsrack on a public right-of-way, public sidewalk, street or swale in the city, shall execute and deliver a written agreement under which it agrees to indemnify, hold harmless and defend the city, its officers, agents and employees from any loss, liability, or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use and/or maintenance of a newsrack within the city. This shall not be construed to affect in any way the city's rights, privileges, and immunities as set forth in F.S. 768.28.
(Ord. O-95-47, passed 9-20-95; Am. Ord. O-2000-26, passed 6-21-00; Am. Ord. O-2005-02, passed 3-2-05)