§ 25.18. Insurance; Bonds; Indemnity.

A.

Upon the granting of a Franchise and within thirty (30) days following the filing of the acceptance required under Section 25.42 hereof and at all times during the term of the Franchise, including any renewal or extension of time thereto and during any time for removal of facilities or management as a trustee as provided for herein, the Grantee shall obtain, pay all premiums for, and shall maintain satisfactory to the City the types of insurance policies and coverage limits described in this Section 25.18.

1.

Comprehensive general liability insurance indemnifying, defending and saving harmless the City, its officers, boards, commissions, agents or employees from any and all claims by any Person whatsoever on account of (a) bodily injury to a person or persons, (b) death of a person or persons or (c) property damage, where any of the foregoing is occasioned by the operations of the Grantee under the Franchise herein granted, or alleged to have been so caused or occurred. Such liability policy shall be in an amount not less than One Million Dollars ($1,000,000) per occurrence, combined single limit, for bodily injury or death or for 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) and products-completed operation.

2.

Business automobile liability insurance indemnifying, defending, and saving harmless the City, its officers, boards, commissions, agents and employees from and against all claims by any Person whatsoever on account of (a) bodily injury to a person or persons, (b) death of a person or persons or (c) property damage, where any of the foregoing is occasioned by the operation of Grantee under the Franchise herein granted, or alleged to have been so caused or occurred. Such liability policy 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 and employer's liability insurance valid in this State indemnifying, defending, and saving harmless the City, its officers, boards, commissions, agents and employees from and against all claims by any Person whatsoever for accident or injury occasioned by the operations of Grantee under the Franchise granted pursuant hereto, or alleged to have been so caused or occurred. Such liability policy shall be in an amount not less than the Statutory limit for Workers' Compensation and One Million Dollars ($1,000,000) each accident for employer's liability.

4.

Broadcasters' errors and omissions insurance (or similar form) indemnifying, defending, and saving harmless the City, its officers, boards, commissions, agents and employees from and against all claims by any Person whatsoever for errors and omissions, including infringement of copyrights, occasioned by the operations of Grantee under the Franchise granted pursuant hereto, or alleged to have been so caused or occurred. Such policy shall be in an amount not less than One Million Dollars ($1,000,000) each occurrence.

B.

All insurance providers used by the Grantee shall be admitted and duly authorized to do business in the State of Florida and shall have assigned by A.M. Best & Company's Key Rating Guide a minimum financial rating of "B+ Class VI," a minimum claims paying ability of "A+," an overall rating of "A" and a Financial Size Category of "X" (i.e., a size of $500,000,000 to $750,000,000 based on capital, surplus, and conditional reserves). 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 as respects any covered liability arising out of the Grantee's performance of work under its Franchise. The Grantee shall furnish the City with 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 of a cancellation, intent not to renew or reduction in coverage. Grantee 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 award of the Franchise in order for Grantee to obtain the appropriate engineering permits required for construction. The Grantee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement bond or policies within thirty (30) days following receipt by the City or the Grantee of any notice of cancellation.

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. 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; project name; policy expiration date; and specific coverage amounts;

2.

any applicable deductibles or self-insured retentions;

3.

that the City, its council members, officers and employees are additional insureds;

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 comprehensive 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.

At all times during the term of the Franchise, including any renewal or extension of time thereto and during any time for removal of facilities or management as a trustee as provided for herein, the Grantee shall obtain, pay for, and shall maintain in a form satisfactory to the City Attorney a performance bond running to the City with good and sufficient surety in the amount specified in the Franchise Agreement, or if no amount is specified therein, then in the sum of Two Hundred Fifty Thousand Dollars ($250,000) conditioned upon the faithful performance and discharge of the obligations imposed by this Chapter 25 and the Franchise Agreement from the date thereof including, but not limited to, faithful compliance with the construction timetable proposed by the Grantee as incorporated into the Franchise, unless appropriate extension is approved by the Mayor upon authorization of the City Council. The City's right to recover under the bond shall be in addition to any other rights retained by the City under the Franchise Agreement, this Chapter 25 and other applicable law. Any proceeds recovered under the bond may be used to reimburse the City for loss of valuable consideration given for the grant of the Franchise, including franchise fees to the extent the City is permitted by law to impose franchise fees, and such additional expenses as may be incurred by the City as a result of Grantee's failure to comply with the obligations imposed by this ordinance and the Franchise including, but not limited to, attorney's fees and costs of any action or proceeding, the cost of refranchising with another entity, and the cost of removal or abandonment of any property, or other costs which may be in default. Said bond will be returned at the end of five (5) years to the Grantee or at such prior time as the System has been completed and approved by the City provided that the Grantee has met or exceeded the construction required herein and has in good faith complied with the terms and conditions of the Franchise Agreement and this Chapter 25, as well as the rules and regulations herein required and permitted. Said bond shall not be required for any renewal of a Franchise. The bond shall require thirty (30) days written notice of any cancellation to both the City and the Grantee. The bond shall be submitted to the City within thirty (30) days after award of the Franchise in order for Grantee to obtain the appropriate engineering permits required for construction. The Grantee shall, in the event of any such cancellation notice, obtain, pay for, and file with the City, written evidence of the issuance of replacement bond within thirty (30) days following receipt by the City or the Grantee of any notice of cancellation.

E.

Except for the willful misconduct or gross negligence of the City, the Grantee shall, at its sole cost and expense, defend, indemnify and hold harmless the City, its officials, boards, commissions, consultants, agents and employees from and against any and all claims, suits, causes of action, proceedings, liabilities and judgments for damages arising out of or in connection with (1) the award of the Franchise granted hereunder or (2) the Grantee's construction, operation, maintenance, repair or upgrade of the Cable Television System under the Franchise. This indemnification provision shall include, but not be limited to, such damages and penalties arising out of (1) claims for infringement of copyright, trademark, trade name, service mark, patent or of any other right of any Person; (2) claims for any failure by Grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the Grantee's Cable Television System, excluding PEG programming provided by Persons other than the Grantee, whether or not any act or omission complained of is authorized, allowed, or prohibited by the Franchise; (3) claims involving the Grantee's violation of any easement or private property rights; (4) claims made under 47 U.S.C. § 558; and (5) claims for invasion of rights of privacy or for the defamation, libel or slander of any Person. Indemnified expenses shall include, but not be limited to, all out-of-pocket expenses, such as attorneys fees, 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.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 9-23-1996, Doc. #29666; Ord. of 12-11-2000, § 2.5, Doc. #33439; Ord. of 8-13-2001, § 4.4, Doc. #34000)