(A) Except with respect to the willful misconduct, negligence or gross negligence of the city, a communications services provider, by act of registering with the city as such, shall be obligated, at its sole cost and expense, to defend, indemnify and hold harmless the city, its officials, Council members, agents and employees from and against any and all claims, suits, causes of action, proceedings, liabilities and judgments for damages or equitable relief, and costs and expenses arising out of or in connection with the placement or maintenance of its communications facilities in the public rights-of-way by the communications services provider or its agent or hired contractor. 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) Nothing in this section shall prohibit the city from participating in the defense of any litigation by its own counsel if in the city's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict.
(C) Indemnified costs and expenses shall include, but not be limited to, all out-of-pocket expenses and reasonable attorneys' fees in defending against any such claim, suit or proceeding, and shall also include the reasonable value of any services rendered by the City Attorney or his assistants or any consultants, agents and employees of the city. The city will attempt to notify the communications services provider, in writing, within a reasonable time of the city's receiving notice of any issue it determines may require indemnification.
(D) Nothing contained in this subsection shall be construed or interpreted: (1) as denying the city, the communications services provider or any person any remedy or defense available to them under the laws of the State of Florida; or (2) as a waiver of sovereign immunity beyond the waiver provided in Fla. Stat. § 768.28, as it may be amended.
(E) The indemnification requirements shall survive and be in effect after the termination or cancellation of a registration.
(Ord. 2017-66, passed 10-3-17)