(A) Each person who occupies, uses, or seeks to occupy or use the rights-of-way or any equipment or facilities located in the rights-of-way, or who has, or seeks to have equipment or facilities located in any rights-of-way shall register with the City Engineer or his or her designee and shall annually update its Registration Statement by October 1st of each year. Any person that maintains equipment in the rights-of-way on the effective date of this chapter shall register with the city within 90 days of the effective date of the chapter.
Any person seeking to occupy or use the rights-of-way for utility purposes such as electric, general railroad, gas or other public utility purposes shall obtain a franchise pursuant to § 53.01(B)(1) and (2) of the city's Code of Ordinances.
(B) No person shall construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof located in the rights-of-way without first filing a Registration Statement with the City Engineer or his or her designee.
Nothing herein shall be construed to repeal or amend the provision of any section of the Code of Ordinances or city policies permitting persons to plant or maintain boulevard plantings or gardens in the area of rights-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the rights-of-way and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this chapter. Updated Registration Statements shall be provided annually with the City Engineer or his or her designee. In the event that the provider decides to provide other telecommunication services not identified in the initial application or in an updated Registration Statement, the provider shall submit such information to the City Engineer within a reasonable time.
(C) Registration information. At the time of filing a Registration Statement, the registrant shall provide the City Engineer or his or her designee with the following information or shall notify the City Engineer or his or her designee that the following information is included in the registrant's existing franchise with the city. The registrant shall inform the City Engineer or his or her designee of any changes to the information within 15 days. The required information is as follows:
(1) Registrant's name, including any affiliates, address and e-mail address, if applicable, and telephone and facsimile numbers.
(2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative, including information regarding how to contact the local representative in the case of an emergency.
(3) A Certificate of Insurance verifying that insurance coverage as set forth below has been obtained by the registrant by an insurance company licensed to do business in the State of Florida. Such policy or policies shall name the city as an additional insured and require that the city's Risk Manager be notified 30 calendar days in advance of cancellation of the policy or policies.
The following types and limits of insurance shall be maintained:
(a) Workers compensation insurance. Workers' compensation insurance shall be maintained during the life of this contract to comply with statutory limits for all employees and, in the case any work is sublet, the registrant shall require any subcontractors similarly to provide workers' compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by the registrant. The registrant and its subcontractors shall maintain during the life of this contract employer's liability insurance. The following must be maintained:
(1) Workers' Compensation - Statutory.
(2) Employer's Liability- $100,000 per accident.
(b) Comprehensive general liability insurance with minimum limits of $3,000,000 as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability, coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage, and coverage for loss or damage arising out of publications or utterances in the course of or related to advertising, broadcasting, telecasting or other communication activities conducted by or on behalf of the registrant.
(c) Automobile liability insurance covering all owned, hired, and non-owned vehicles in use by the registrant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of the applicable state law, including residual liability insurance with minimum limits of $2,000,000.00 as the combined single limit for each occurrence for bodily injury and property damage.
The city reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. However, in lieu of a Certificate of Insurance, registrant may submit proof of self-insurance status to the city's Risk Manager. Said proof shall demonstrate adequate financial resources to defend and cover claims.
(4) If the registrant is a corporation, written evidence that it is authorized to do business in the State of Florida, as recorded and certified by the Florida Secretary of State and the name of any affiliates who may place or maintain facilities within the city's rights-of-way.
(5) A copy of the registrant's certificate of authority from the Florida Public Service Commission, if the registrant is required by state law to have such certification.
(6) Proof that the registrant has posted all required bonds or provided proof of adequate financial resources to defend and cover claims.
(Ord. O-2000-29, passed 7-19-00; Am. Ord. O-2020-14, passed 10-7-20)