(a) Certificate of insurance. Prior to commencement of construction, but in no event later than sixty (60) days after the effective date of the franchise and thereafter continuously throughout the duration of the franchise and any extensions or renewals thereof, the franchisee shall furnish to the town, certificates of insurance, approved by the town, for all types of insurance required under this section. Failure to furnish said certificates of insurance in a timely manner shall constitute a failure to faithfully comply with the franchise agreement. At the town's request, the franchisee shall furnish copies of any or all policies or certificates of insurance which are in effect from time to time.
(b) No liability limit. Neither the provisions of this section or any damages recovered by the town hereunder, shall be construed to limit the liability of the franchisee for damages under any franchise issued hereunder.
(c) Endorsement. All insurance policies maintained pursuant to a franchise shall contain an endorsement in substantially the following form:
It is hereby understood and agreed that this insurance policy may not be modified or canceled by the insurance company nor the intention not to renew be stated by the Melbourne Beach town manager by certified mail, of a written notice of such intention to cancel or not to renew.
(d) State institution. All insurance policies provided pursuant to a franchise agreement shall be written by companies authorized by the Florida Insurance Commissioner to do business in the State of Florida as an insurance company.
(e) Named Insured. The town shall be an additional named insured for all insurance policies written pursuant to a franchise.
(f) Changes in policy limits. To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increases at the end of every three (3) year period of the franchise, applicable to the next three year period, at the town's discretion.
(g) Commercial general liability insurance. The franchisee shall maintain throughout the term of the franchise, general liability insurance insuring the franchisee in the minimum of:
(1) $1,000,000 for property damage single limit; and
(2) $2,000,000 single limit liability for personal bodily injury or death to any one person.
Such general liability insurance must include coverage for all of the following: comprehensive form, premises operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury.
(h) Automobile liability insurance, The franchisee shall maintain throughout the term of the franchise, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum amount of:
(1) $1,000,000 single limit liability for bodily injury and consequent death her occurrence; and
(2) $500,000 for property damage per occurrence.
(i) Worker's compensation. The franchisee shall maintain throughout the term of the franchise, worker's compensation in the minimum amount of the statutory limit for worker's compensation, as amended from time to time.
(Ord. 94-05, passed 12-14-94)