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(A) A registrant shall not commence construction, operation or maintenance of the facility without obtaining all insurance required under this section and approval of such insurance by Risk Management of the city, nor shall a registrant allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the registrant has facilities in the public rights-of-way, and for a period thereafter as specified in the minimum coverages described below. If the registrant, its contractors or subcontractors do not have the required insurance, the city may order such entities to stop operations until the insurance is obtained and approved.
(B) Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager Coordinator. For entities that are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. For entities that have facilities in the public rights-of-way as of the effective date of this chapter, the certificate shall be filed within 60 calendar days of the adoption of this chapter, annually thereafter, and as provided below in the event of a lapse in coverage.
(C) These certificates of insurance shall contain a provision that coverages afforded under these policies will not be canceled until at least 45 calendar days prior written notice has been given to the city. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial ratings must be no less than "A-VI" in the latest edition of Best’s Key Rating Guide, published by A.M. Best Guide. A registrant may self-insure. Self insured status must be confirmed with certification of same by presentation of financial statements which are not more than one year old and signed by the registrant's Chief Financial Officer or designee. Information contained therein is subject to review and approval by city's Risk Management Division.
(D) In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of this contract, then in that event, the registrant shall furnish, at least 30 calendar days prior to the expiration of the date of such insurance, a renewed certificate of insurance of equal and like coverage.
(E) A registrant and its contractors or subcontractors engaged in work on the operator's behalf in, on, under or over public rights-of-way, shall maintain the following minimum insurance:
(1) Comprehensive general liability insurance. To cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability:
(a) Bodily injury
(i) Each occurrence $1,000,000
(ii) Annual aggregate $3,000,000
(b) Property damage
(i) Each occurrence $1,000,000
(ii) Annual aggregate $3,000,000
(c) Personal injury
(i) Annual aggregate $3,000,000
(d) Completed operations and products liability shall be maintained for two years after the abandonment of the facility by the registrant (in the case of the registrant) or completion of the work for the registrant (in the case of a contractor or subcontractor).
(e) Property damage liability insurance shall include coverage for the following hazards: X-explosion, C-Collapse, U-underground.
(2) Workers’ compensation insurance. Shall be maintained to comply with statutory limits for all employees, and in the case any work is sublet, each registrant shall require the subcontractors similarly to provide workers’ compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by each registrant. Each registrant and its contractors and subcontractors shall maintain employers’ liability insurance. The following limits must be maintained:
(a) Workers’ compensation - statutory
(b) Employers’ liability - $500,000 per occurrence
(3) Comprehensive auto liability.
(a) Bodily injury
(i) Each occurrence $1,000,000
(ii) Annual aggregate $3,000,000
(b) Property damage
(i) Each occurrence $1,000,000
(ii) Annual aggregate $3,000,000
Coverage shall include owned, hired and non-owned vehicles.
(F) Each communications service provider shall hold the city, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of its construction, operation or repair of its communications facility and name the city as an additional insured.
(G) This section shall not be construed to affect in any way the city’s rights, privileges and immunities as set forth in F.S. § 768.28. Insurance under this section shall run continuously with the presence of the registrant's facilities in the public rights-of-way and any termination or lapse of such insurance shall be a violation of this section and subject to the remedies as set forth herein. Notwithstanding the foregoing, the city may, in its sole discretion, require increased or decreased levels of insurance for any other object placed in the city 's public rights-of-way by way of individual local business tax receipt agreements.
(Ord. 1380, passed 9-5-01; Am. Ord. 1576, passed 4-18-07; Am. Ord. 1760, passed 10-2-13)
(A) A registrant 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 the placement or maintenance of its communications system or facilities in public rights-of-way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this chapter, provided, however, that a registrant's obligation hereunder shall not extend to any claims caused by the gross negligence or wanton or willful acts of the city. This provision includes, but is not limited to, the city's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. The city agrees to notify the registrant, in writing, within a reasonable time of city receiving notice, of any issue it determines may require indemnification. 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. Nothing contained in this section shall be construed or interpreted:
(1) As denying to either party any remedy or defense available to such party under the laws of the State of Florida;
(2) As consent by the city to be sued; or
(3) As a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28, as may be amended.
(B) The indemnification requirements shall survive and be in effect after the termination or cancellation of a registration.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13)
(A) Prior to issuing a permit where the work under the permit will require restoration of public rights-of-way, the city may require a construction bond to secure the restoration of the public rights-of-way.
(B) In the event a registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, or the cost of completing the work, plus a reasonable allowance for attorneys’ fees, up to the full amount of the bond.
(C) No less than 12 months after completion of the construction and satisfaction of all obligations in accordance with the bond, the registrant may request the City Engineer or his or her designee, to remove the requirement to continue the construction bond. Notwithstanding, the city may require a new bond for any subsequent work performed in the public rights-of-way.
(D) The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the City Attorney; and shall provide that:
“This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the city, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew.”
(E) The rights reserved by the city with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the city may have under this section, or at law or equity, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the city may have.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)
(A) A registrant’s failure to comply with provisions of this chapter shall constitute a violation of this chapter and shall subject the registrant to the code enforcement provisions and procedures as provided in F.S. Chapter 162, F.S. § 166.0415 and §§ 32.035 et seq. of this code of ordinances, as they may be amended. In addition, violation of this chapter may be punishable by a fine not to exceed $250 for an initial violation and not more than $500 for any repeat violations.
(B) In addition to any other remedies available at law, including but not limited to F.S. § 166.0415, and F.S. Chapter 162, or equity or as provided in this chapter, the city may apply any one or combination of the following remedies in the event a registrant violates this chapter, or applicable local law or order related to the public rights-of-way:
(1) Failure to comply with the provisions of this chapter or other law applicable to occupants of the public rights-of-way, may result in imposition of penalties to be paid by the registrant to the city so long as the violation continues.
(2) In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.
(C) Before imposing a fine pursuant to division (B)(1) of this section, the city shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have 30 days to either:
(1) Cure the violation to the city's satisfaction and the city shall make good faith reasonable efforts to assist in resolving the violation; or
(2) File an appeal with the city to contest the alleged violation; § 121.21 of this chapter shall govern such appeal. If no appeal is filed and if the violation is not cured within the 30 day period, the city may collect all fines owed, beginning with the first day of the violation, through any means allowed by law.
(D) In determining which remedy or remedies are appropriate, the city shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the city determines are appropriate to the public interest.
(E) Failure of the city to enforce any requirements of this chapter shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.
(F) In any proceeding before the city where there exists an issue with respect to a registrant's performance of its obligations pursuant to this chapter, the registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this chapter. The city may find a registrant that does not demonstrate compliance with the terms and conditions of this chapter in default and apply any one or combination of the remedies otherwise authorized by this chapter.
(G) The City Manager or designee shall be responsible for administration and enforcement of this chapter, and is authorized to give any notice required by law.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)
(A) Upon abandonment of a communications facility or personal wireless service facility owned by a registrant in public rights-of-way, the registrant shall notify the city within 90 days.
(B) The city may direct the registrant to remove all or any portion of such abandoned facility at the registrant’s sole expense if the city determines that the abandoned facility's presence interferes with the public health, safety or welfare, which shall include, but is not limited to:
(1) Compromises safety at any time for any public rights-of-way user or during construction or maintenance in public rights-of-way;
(2) Prevents another person from locating facilities in the area of public rights-of-way where the abandoned facility is located when other alternative locations are not reasonably available; or
(3) Creates a maintenance condition that is disruptive to the public rights-of-ways use. In the event of division (2), the city may require the third person to coordinate with the registrant that owns the existing facility for joint removal and placement, where agreed to by the registrant.
(C) In the event that the city does not direct the removal of the abandoned facility, the registrant, by its notice of abandonment to the city, shall be deemed to consent to the alteration or removal of all or any portion of the facility by the city, another utility or person at such third party’s cost.
(D) If the registrant fails to remove all or any portion of an abandoned facility as directed by the city within a reasonable time period as may be required by the city under the circumstances, the city may perform such removal and charge the cost of the removal against the registrant.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13)
In the event a registrant’s performance of or compliance with any of the provisions of this chapter is prevented by a cause or event not within the registrant’s control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result, provided, however, that such registrant uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this chapter, causes or events not within a registrant’s control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within registrant’s control, and thus not falling within this section, shall include, without limitation, registrant’s financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant’s directors, officers, employees, contractors or agents.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13)
(A) Each registrant shall, upon 30 calendar days written notice, if reasonably possible, but in no event less than 5 business days written notice, provide the city access to all books and records related to the construction, maintenance, or repair of the facility to the extent the city review of the books and records is necessary to manage its rights-of-way.
(B) Any and all non-proprietary or non-confidential books and records may be copied by the city. To the maximum extent permitted by F.S. § 202.195, as amended, such books and records shall be kept confidential and exempt from the provisions of F.S. § 119.07(1). A registrant is responsible for obtaining or maintaining the necessary possession or control of all books and records related to the construction, maintenance or repair of the facility, so that it can produce the documents upon request. Books and records must be maintained for a period of five years, except that any record that is a public record must be maintained for the period required by state law.
(C) For purposes of this section, the terms "books and records" shall be read expansively to include information in whatever format stored. Books and records requested shall be produced to the city at City Hall, except by agreement.
(D) If any books and records are too voluminous, or for security reasons cannot be copied and moved, then a registrant may request that the inspection take place at some other location mutually agreed to by the city and the registrant, provided that the registrant must make necessary arrangements for copying documents selected by the city after its review; and the registrant must pay all travel and additional copying expenses incurred by the city in inspecting those documents or having those documents inspected by its designee.
(E) Without limiting the foregoing, a registrant shall provide the city the following within 10 calendar days of their receipt or (in the case of documents created by the registrant or its affiliate) filing:
(1) Notices of deficiency or forfeiture related to the operation of the facility; and
(2) Copies of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the operator or by any partnership or corporation that owns or controls the operator directly or indirectly.
(F) In addition, the city may, at its option, and upon reasonable notice to the registrant, inspect the facilities in the public rights-of-way to ensure the safety of its residents.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13)
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