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(A) A person shall obtain and maintain insurance in the amounts reasonably prescribed by the city with an insurance company licensed to do business in the state, acceptable to the city, throughout the term of a municipal consent conveyed under this subchapter. A person shall furnish the city with proof of insurance at the time of the request for building permits. The city reserves the right to review the insurance requirements and to reasonably adjust insurance coverage and limits when the City Engineer determines that changes in statutory law, court decisions or the claims history of the industry or the person require adjustment of the coverage. For purposes of this section, the city will accept certificates of self-insurance issued by the state, or letters written by the person in those instances where the state does not issue such letters, which provide the same coverage as required herein. However, for the city to accept such letters, the person must demonstrate by written information that it has adequate financial resources to be a self-insured entity as reasonably determined by the city, based on financial information requested by and furnished to the city. The city’s current insurance requirements are described in Exhibit A attached to the ordinance codified herein.
(B) A person shall furnish, at no cost to the city, copies of certificates of insurance evidencing the coverage required by this section to the city. The city may request the deletion, revision or modification of particular policy terms, conditions, limitations or exclusions, unless the policy provisions are established by a law or regulation binding the city, the person or the underwriter. If the city requests a deletion, revision or modification, a person shall exercise reasonable efforts to pay for and to accomplish the change.
(C) An insurance certificate shall contain the following required provisions:
(1) Name the city and its officers, employees, board members and elected representatives as additional insureds for all applicable coverage;
(2) Provide for 30-days’ notice to the city for cancellation, non-renewal or material change; and
(3) Provide that notice of claims shall be provided to the City Engineer by certified mail.
(D) (1) The person shall file and maintain proof of insurance with the City Engineer.
(2) An insurance certificate obtained in compliance with this section is subject to city approval.
(3) The city may require the certificate to be changed to reflect changing liability limits.
(4) A person shall immediately advise the City Attorney of actual or potential litigation which may affect an existing carrier’s obligation to defend and indemnify.
(E) An insurer has no right of recovery against the city. The required insurance policies shall protect the person and the city. The insurance shall be primary coverage for losses covered by the policies.
(F) The policy clause “other insurance” shall not apply to the city if the city is an insured under the policy.
(G) The person shall pay premiums and assessments. A company which issues an insurance policy has no recourse against the city for payment of a premium or assessment insurance policies obtained by a person must provide that the issuing company waives all right of recovery by way of subrogation against the city in connection with damage covered by the policy.
(1998 Code, § 106-178) (Ord. 99-51, passed 8-18-1999)
(A) Each person placing facilities in the public rights-of-way shall agree to promptly defend, indemnify and hold the city harmless from and against all damages, costs, losses or expenses:
(1) For the repair, replacement or restoration of city’s property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a result of the person’s acts or omissions; and
(2) From and against any and all claims, demands, suits, causes of action and judgments for:
(a) Damage to or loss of the property of any person (including, but not limited to, the person, its agents, officers, employees and subcontractors, city’s agents, officers and employees and third parties); and/or
(b) Death, bodily injury, illness, disease, loss of services or loss of income or wages to any person (including, but not limited to, the agents, officers and employees of the person, person’s subcontractors, and city and third parties), arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the person, its agents, employees and/or subcontractors in the performance of activities pursuant to this subchapter.
(B) This indemnity provision shall not apply to any liability resulting from the negligence of the city, its officers, employees, agents, contractors or subcontractors.
(C) The provisions of this indemnity are solely for the benefit of the city and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
(1998 Code, § 106-179) (Ord. 99-51, passed 8-18-1999)
This subchapter shall be construed in accordance with the city code(s) in effect on the date of passage of this subchapter, to the extent that such code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the state, subject to the city’s ongoing authority to adopt reasonable regulations to manage its public rights-of-way, pursuant to §§ 90.110 and 90.111 of this chapter or as otherwise provided by law.
(1998 Code, § 106-180) (Ord. 99-51, passed 8-18-1999)
(A) The city shall reserve the right to terminate any municipal consent and any rights or privileges conveyed under this subchapter in the event of a material breach of the terms and conditions of the municipal consent or of this subchapter, subject to a 30-day written notice and the opportunity to cure the breach during that 30-day period.
(C) A material breach shall not be deemed to have occurred if the violation occurs without the fault of a provider or occurs as a result of circumstances beyond its control providers shall not be excused from performance of any of their obligations under this chapter by economic hardship, nor misfeasance or malfeasance of their chief executive officer or his designees, officers or employees.
(D) A termination shall be declared only by a written decision by motion, resolution or ordinance of the City Commission after an appropriate public proceeding before the City Commission, which shall accord the provider due process and full opportunity to be heard and to respond to any notice of grounds to terminate. All notice requirements shall be met by giving the provider at least 15 days’ prior written notice of any public hearing concerning the proposed termination of its consent. Such notice shall state the grounds for termination alleged by city.
(1998 Code, § 106-181) (Ord. 99-51, passed 8-18-1999)