§ 133.14 INDEMNIFICATION, INSURANCE AND SECURITY FUNDS.

   133.14(A)   General indemnification.

   133.14(A)(1)   The City shall not enter into a lease agreement with a Wireless Communications provider unless the Applicant agrees to indemnify, defend and hold harmless and at City ’s option, pay for an attorney selected by City , to defend the City and the City ’s consultants, engineers, attorneys and assigns and their officials, employees and agents (collectively referred to as “indemnities”) and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorneys’ fees) or liabilities (collectively referred to as “liabilities”) by reason of any injury to or death of any Person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with:

   133.14(A)(1)(a)   The performance or non-performance of the actions contemplated by this Chapter which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the Applicant or its employees, agents or subcontractors (collectively referred to as “applicants”), regardless of whether it is, or is alleged to be, caused in whole or in part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the indemnities, or any of them; or

   133.14(A)(1)(b)   The failure of the Applicant to comply with any of the paragraphs herein or the failure of the provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or State , in connection with the actions taken under this Chapter.

   133.14(A)(2)   Indemnification for construction contracts. In the event that a lease agreement entered into between the City and an Applicant is deemed to be a “construction contract” pursuant to F.S. § 725.06, the following indemnification shall apply in lieu of subsection 133.14(A)(1) above.

   133.14(A)(2)(a)   To the fullest extent permitted by F.S. Chapter 725, the Applicant hereby agrees to indemnify and hold harmless the City , its officers and employees from liabilities, damages, losses, and costs including, but not limited to reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the provider and persons employed or utilized by the provider in connection with the actions taken under this Chapter.

   133.14(A)(3)   The indemnification obligations under this Chapter shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Applicant and/or Persons employed or utilized by the provider, in the performance of the actions taken under this Chapter, under any insurance required by this Chapter including, but not limited to, workers’ compensation acts, disability benefit acts, or other employee benefit acts.

   133.14(A)(4)   The obligations of the provider under this Chapter shall not extend to the liability of the consultant, the consultant’s consultants, and agents and employees or any of them arising out of:

   133.14(A)(4)(a)   The preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or

   133.14(A)(4)(b)   The giving of or the failure to give directions or instructions by the consultant, the consultant’s consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage.

   133.14(B)   Insurance. The City shall not grant or approve an application for the installation of a Tower , Antenna and/or Wireless Communications Facility and shall not enter into any lease agreement for placement of facilities on City-owned property until and unless the City obtains assurance that such Applicant or lessee (and those acting on its behalf) have adequate insurance. At a minimum, the following requirements must be satisfied:

   133.14(B)(1)   The policies of insurance shall be primary and written on forms acceptable to the City and placed with insurance carriers approved and licensed by the Insurance Department in the State of Florida and meet a minimum financial AM Best Company rating of no less than “A-Excellent: FSC VII.” In the event that the insurance carrier’s rating shall drop, the insurance carrier shall immediately notify the City . No changes shall be made to these specifications without prior written specific approval by the City .

   133.14(B)(2)   The City of Weston, Calvin Giordano & Associates, Inc., Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., and Municipal Technologies, LLC, shall be named as additional insured, as their interests may appear on all policies except workers’ compensation. As respects general liability coverage, the completed operations coverage and the additional insured status of the City must be maintained for this project for not less than five years following completion and acceptance by the City or no more restrictive than ISO form CG 20 37 (07 04). Waiver of subrogation in favor of the City of Weston is required on all policies except workers’ compensation.

   133.14(B)(3)   Applicant shall provide statutory workers’ compensation, and employer’s liability insurance with limits of not less than $1,000,000.00 per employee per accident, $1,000,000.00 disease aggregate and $1,000,000.00 per employee per disease for all personnel on the worksite. If applicable, coverage for the Jones Act and US Longshoremen and Harborworkers Exposures must also be included. (Elective exemptions will not satisfy this requirement. Certificates evidencing an employee leasing company as employer will not be accepted).

   133.14(B)(4)   In the event the Applicant has “leased” employees, the Applicant or the Employee leasing company must provide evidence of a workers’ compensation policy for all personnel on the worksite. All documentation must be provided for review and approval by the City . The Applicant is responsible for the workers’ compensation of any and all subcontractors used by the contractor. Evidence of workers’ compensation insurance coverage for all subcontractors must be submitted prior to any work being performed.

   133.14(B)(5)   Commercial general liability: Including but not limited to bodily injury, property damage, contractual liability, products and completed operations (without limitation), watercraft or aircraft liability if those vehicles will be utilized, and personal injury liability with limits of not less than $2,000,000.00 each occurrence, covering all work performed under this contract.

   133.14(B)(6)   Business automobile liability: Applicant agrees to maintain business automobile liability at a limit of liability not less than $1,000,000.00 each occurrence covering all work performed under this contract.

   133.14(B)(7)   Applicant further agrees coverage shall include liability for owned, non-owned and hired automobiles. In the event Applicant does not own automobiles, Applicant agrees to maintain coverage for hired and non-owned auto liability, which may be satisfied by way of endorsement to the commercial general liability policy or separate business auto liability policy. If private passenger automobiles are used in the business, they must be commercially insured.

   133.14(B)(8)   Umbrella liability: Umbrella polices are acceptable to provide the total required liability limits.

   133.14(C)   The rights reserved by the City with respect to any security fund or bond established pursuant to this Chapter are in addition to all other rights and remedies the City may have under applicable Law .

   133.14(D)   Any Person who knowingly breaches any provision of this Chapter shall upon receipt of written notice from the City be given a time schedule to cure the violation. Failure to commence to cure the violation within 30 calendar days and to complete cure, to the City ’s satisfaction, within 60 calendar days, or such longer time as the City may specify, shall result in revocation of any permit or license and the City shall seek any remedy or damages as provided below.

   133.14(E)   Violations.

   133.14(E)(1)   In addition to revoking any permit or license for violation of this Chapter and any other remedies available at law, including but not limited to F.S. § 166.0415 and Chapter 162, or equity or provided in this Chapter, the City may apply any one or combination of the following remedies in the event an Applicant violates this Chapter, or applicable local Law or order related to the Public Rights-Of-Way :

   133.14(E)(1)(a)   Failure to comply with the provisions of this Chapter or other applicable Law may result in imposition of penalties to be paid by the Registrant to the City as provided in F.S. Chapter 162 and Chapter 31 of the City Code .

   133.14(E)(1)(b)   In addition to or instead of any other remedy, the City may seek legal or equitable relief from any court of competent jurisdiction.

   133.14(E)(2)   No waiver. 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.

(Ord. 2010-23, passed 10-4-2010)