(A) At all times during the use or occupancy of the public rights-of-way, including any time during placement or maintenance of communications facilities, the communications services provider shall obtain, pay all premiums for, and maintain satisfactory to the city the types of insurance policies and coverage limits described in this § 101.14. Nothing contained in this chapter shall limit a communications services provider's liability to the city to the limits of insurance certified or carried.
(1) Commercial general liability insurance valid in the State of Florida, including contractual liability and products completed operations liability coverage on an occurrence basis, which policy limit shall be in an amount not less than one million dollars ($1,000,000) per occurrence, combined single limit, for bodily injury, personal injury or death, or property damage and in an amount not less than two million dollars ($2,000,000) policy aggregate for each personal injury liability, broad form property damage (without XCU exclusions), contractual liability and products-completed operations liability.
(2) Business automobile liability insurance valid in the State of Florida which policy limit shall be in an amount not less than one million dollars ($1,000,000) combined single limit, including bodily injury and property damage covering owned, leased, hired and non-owner vehicles.
(3) Workers' Compensation valid in the State of Florida which policy limit shall be in an amount not less than the statutory limit for Workers' Compensation.
(4) Employer's liability insurance valid in the State of Florida which policy limit shall be in an amount not less than one million dollars ($1,000,000) each accident for employer's liability.
(B) All insurance providers used shall be admitted and duly authorized to do business in the State of Florida and shall have assigned by A. M. Best Company a minimum Financial Strength Rating of "A" and a minimum Financial Size Category of "IX" (i.e., a size of $250,000,000 to $500,000,000 based on capital, surplus, and conditional reserve funds). Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. All liability policies shall name the city, its council members, officers, and employees as additional insureds with respect to any covered liability arising out of the placement or maintenance of communications facilities in the public rights-of-way or other activities under this chapter. Each communications services provider shall furnish annually to the city certificates showing proof of all required insurance coverage. All liability coverage must be in occurrence form and in accordance with the limits specified. Claims made policies are not acceptable. No insurance policy shall be canceled, nor shall the occurrence or aggregate limits set forth herein be reduced, until the city has received at least thirty (30) days' advance written notice by registered, certified or regular mail or facsimile of any cancellation, intent not to renew or reduction in policy coverage. Each communications services provider shall be responsible for notifying the city of such cancellation, intent not to renew or reduction in coverage. All Certificate(s) of Insurance, including all endorsements and riders, evidencing insurance coverage shall be submitted to the city within thirty (30) days after the date of registration with the city in order for a communications services provider to obtain development permits required for construction in the public rights-of-way. Each communications services provider shall, in the event of any such notice described above, obtain, pay all premiums for, and file with the city, written evidence of the issuance of replacement policies within thirty (30) days following receipt by the city or the communications services provider of such notice.
(C) The Certificate(s) of Insurance forms must be properly executed by the authorized representative of the insurance provider and must include all endorsements, riders and notices. Each communications services provider shall file and maintain with the city on an annual basis the required Certificate(s) of Insurance. The Certificate(s) of Insurance must indicate the following:
(1) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; that the policy coverage "pertains the requirements of § 101.14 of the Palm Bay Communications Right-of- Way Utilization Ordinance;" policy expiration date; and specific coverage amounts; and
(2) any applicable deductibles or self-insured retentions; and
(3) that the city, its council members, officers and employees are additional insureds; and
(4) that the city shall receive thirty (30) days' advance written notice of cancellation, intent not to renew or reduction in coverage; and
(5) that the commercial general liability insurance policy is primary as respects any other valid or collectible insurance that the city may possess, including any self-insured retentions the city may have; and any other insurance the city does possess shall be considered excess insurance only and shall not be required to contribute with this insurance.
(D) Under extraordinary circumstances a communications services provider may satisfy the insurance requirements of this chapter by providing documentation of self-insurance that, in the sole discretion of the Director of Human Resources and Risk Management, demonstrates incontrovertibly the adequacy to defend and cover claims of any nature that might arise from the placement and maintenance of facilities in the public rights-of-way. The communications services provider must be authorized as a self-insurer by the Department of Insurance under the laws of the State of Florida.
(Ord. 2017-66, passed 10-3-17)