(A) A communications services provider shall, at its sole cost and expense, 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 incurred by the city arising out of or in connection with the placement or maintenance of its communications system or facilities in public rights-of-way by the communications services provider or its agent or hired contractor, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this chapter, provided, however, that the communications services provider's obligation hereunder shall not extend to any claims caused by the negligence, gross negligence or wanton or willful acts of the city. This indemnification provision shall include, but not be limited to, such damages and penalties arising out of claims (1) by any person whatsoever on account of (i) bodily injury to a person or persons, (ii) death of a person or persons or (iii) property damage, where any of the foregoing is occasioned by the operations of the communications services provider, or alleged to have been so caused or occurred; or (2) involving the communications services provider's violation of any easement or private property rights.
(B) Indemnified costs and expenses shall include, but not be limited to, all out-of- pocket expenses and reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings, and shall also include the reasonable value of any services rendered by the City Attorney or his or her assistants or any consultants, agents, and employees of the city. The city agrees to notify the communications services provider, in writing, within a reasonable time of city receiving notice, of any issue it determines may require indemnification.
(C) 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.
(D) This indemnity does not include liabilities not caused by the provider, including liabilities arising from the city's negligence, gross negligence, or willful conduct.
(E) Nothing contained in this section shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; or (2) as a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28, as it may be amended.
(F) The indemnification requirements shall survive and be in effect after the termination or cancellation of a registration.
(Ord. 1625, passed 8-20-20)