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@ File ID: #7630
to Rio
Ordinance
Second Reading
Sponsored by: Francis Suarez, Mayor, Ken Russell, Commissioner, Manolo
Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS
AND SIDEWALKS," TO UPDATE AND CODIFY INDEMNITY, INSURANCE, AND
SURETY REQUIREMENTS IN CONNECTION WITH SIDEWALK CAFE PERMITS,
RIGHT-OF-WAY PERMITS FOR TELECOMMUNICATION FACILITIES, NEWSRACKS,
AND PAY TELEPHONES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 7630 (Revision: A) Printed On: 1011912020
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City of Miami
Legislation
Ordinance
Enactment Number: 13918
File Number: 7630 Final Action Date: 9/24/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "STREETS
AND SIDEWALKS," TO UPDATE AND CODIFY INDEMNITY, INSURANCE, AND
SURETY REQUIREMENTS IN CONNECTION WITH SIDEWALK CAFE PERMITS,
RIGHT-OF-WAY PERMITS FOR TELECOMMUNICATION FACILITIES, NEWSRACKS,
AND PAY TELEPHONES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Chapter 54 of the Code of the City of Miami, Florida, as amended ("City
Code"), establishes certain requirements for indemnification and insurance in connection with
the issuance of certain permits related to the use of and work in the public right-of-way; and
WHEREAS, the City Commission wishes to update said provisions and to codify
insurance requirements in connection with said permits;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 54 of the City Code, titled "Streets and Sidewalks," is amended in
the following particulars:'
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE VI. - SIDEWALK CAFES
Sec. 54-228. Indemnification and insurance.
,
,
,
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanaed material.
City of Miami File ID: 7630 (Revision: A) Printed On: 1011912020
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Applicant agrees to indemnify, defend, and hold harmless the City, its officials, employees,
agents, and, if applicable, its instrumentalities and each of them from and against all loss, cost,
penalties, fines, damages, claims of any nature, including expenses and attorney's fees, and
any and all liabilities by reason of injury to or death of any person, damage to, destruction, or
loss to any property including the City, its instrumentalities, officials, employees, and agents
arising out of or in connection with the performance or non-performance of the services
contemplated by this permit/agreement which is directly or indirectly caused, in whole or in part,
by any act, omission, default, liability, or negligence, whether active or passive of the applicant,
its employees, agents, servants, or contractors, unless such act or omission is solely caused by
the City, its instrumentalities, officials, employees, and agents. The applicant further agrees to
indemnify, defend, and hold harmless the City, its instrumentalities, officials, employees, and
agents against all liabilities which may be asserted by an employee or former employee of the
applicant or any of its contractors as provided above for which the applicant's liability to such
employee or former employee would otherwise be limited to payments under workers'
compensation or similar laws. In addition, the applicant understands and agrees that except
where caused by the negligence or misconduct of the City, its instrumentalities, officials,
employees, or agents, the City shall not be liable for any loss, injury, or damage to any personal
Property or equipment of the applicant, its employees, agents, contractors, business licensees,
or invitees placed on City property and its instrumentalities and shall be at the sole risk of the
applicant thereof. The applicant shall ensure that adequate safety precautions are in effect at all
times during the term of the permit. It shall be a further condition precedent to the issuance of
any such permit for placement of such sidewalk cafe in the public right-of-way that the permit
holder(s) is/are jointly and severally responsible, at each permit holder's sole expense, for any
damages regarding restoring the public right-of-way to its original condition before installation of
facilities. The indemnification shall survive termination of this permit/agreement.
Prior to the issuance of any such permit, the applicant shall submit to the City a certificate of
insurance with respect to Commercial General Liability with limits of at least $500,000.00 per
occurrence, $1,000,000.00 policy aggregate, and any endorsements thereto, including, but not
limited to, premises and operations liability, personal and advertising injury, products and
completed operations, and liquor liability. The certificate must reflect primary and
noncontributory language and list the City as an additional insured on all third -party liability
policies including liquor. The insurance herein required shall remain in full force and effect at all
City of Miami File ID: 7630 (Revision: A) Printed On: 1011912020
times during the entire term of the permit. Additionally, all such insurance shall be subject to
review and approval by the City's Risk Management Department.
All insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida with the following qualifications:
The company must be rated no less than "A-" as to management and no less than Class "V"
as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick New Jersey, or its equivalent subject to the approval of the City's Risk
Management Department. Companies not meeting the above rating requirements shall submit
proof of reinsurance from qualifying insurers having or exceeding the required rating criteria.
The registrant/applicant shall provide thirty (30) days prior written notice of cancellation to the
City for any reason other than non-payment of premium in which ten (10) days' notice shall
apply.
ARTICLE VII. - NEWSRACKS ON PUBLIC RIGHTS -OF -WAY
Sec. 54-265. Insurance and bond requirements.
(a) Insurance requirement. Prior to the issuance of a permit by the director, the distributor
shall furnish to the city the following:
(1) '
. A certificate of
insurance with respect to Commercial General Liability in an amount not less than
$1,000,000.00 per occurrence, $2,000,000.00 policy appreciate, and any endorsements
thereto, including, but not limited to, premises and operations liability, personal and
advertising iniury, products, and completed operations. The certificate must reflect
Primary and noncontributory lanquage and list the City as an additional insured. The
certificate must also include coverage for all owned, hired, and non -owned vehicles, if
applicable, with a combined single limit of $500,000.00 per accident also listing the City
as an additional insured. The insurance herein required shall remain in full force and
effect during the entire term of the permit. Additionally, all such insurance shall be
subject to review and approval by the City's Risk Management Department.
All insurance policies required above shall be issued by companies authorized to do
business under the laws of the State of Florida with the following qualifications:
The company must be rated no less than "A-" as to management and no less than Class
"V" as to financial strength by the latest edition of Best's Insurance Guide published by
A.M. Best Company, Oldwick New Jersey, or its equivalent subject to the approval of the
City's Risk Management Department. Companies not meeting the above rating
requirements shall submit proof of reinsurance from qualifying insurers having or
exceeding the required rating criteria.
City of Miami File ID: 7630 (Revision: A) Printed On: 1011912020
The registrant/applicant shall provide thirty (30) days prior written notice of cancellation
to the City for any reason other than non-payment of premium in which ten (10) days'
notice shall apply.
(2) Insurance under this section shall run continuously with the presence of the applicant's
newsrack on city public rights -of -way, and any termination or lapse of such insurance shall be a
violation of this article. Failure to timely continuously maintain the required insurance shall result
in the imposition of a fine of double the permit fee per newsrack which if not paid within 30
calendar days of written notice from the city shall result in the newsrack being deemed
abandoned and subject to removal as set forth in this article. Alternatively, the city may pursue
appropriate remedy by the code enforcement division under section 2-811 et seq. of this Code.
Applicant agrees to indemnify, defend, and hold harmless the City, its officials, employees,
agents, and, if applicable, its instrumentalities and each of them from and against all loss, cost,
penalties, fines, damages, claims of any nature (including but not limited to, libel, slander,
invasion of privacy, and unauthorized use of any trademark, trade name, or service mark),
including expenses and attorneys' fees, and any and all liabilities by reason of injury to or death
of any person, damage to, destruction, or loss to any property including the City, its
instrumentalities, officials, employees, and agents arising out of or in connection with the
performance or non-performance of the services contemplated by this permit/agreement which
is directly or indirectly caused, in whole or in part, by any act, omission, default, liability, or
negligence, whether active or passive of the applicant, its employees, agents, servants, or
contractors, unless such act or omission is solely caused by the City, its instrumentalities,
officials, employees, and agents. The applicant further agrees to indemnify, defend, and hold
harmless the City, its instrumentalities, officials, employees, and agents against all liabilities
which may be asserted by an employee or former employee of the applicant or any of its
contractors as provided above for which the applicant's liability to such employee or former
employee would otherwise be limited to payments under workers' compensation or similar laws.
In addition, the applicant understands and agrees that except where caused by the negligence
or misconduct of the City, its instrumentalities, officials, employees, or agents, the City shall not
be liable for any loss, injury, or damage to any personal property or equipment of the applicant,
its employees, agents, contractors, business licensees, or invitees placed on City property and
its instrumentalities and shall be at the sole risk of the applicant thereof. The applicant shall
ensure that adequate safety precautions are in effect at all times during the term of the permit. It
shall be a further condition precedent to the issuance of any such permit for placement of such
newsrack in the public right-of-way that the permit holder(s) is/are jointly and severally
responsible, at each permit holder's sole expense, for any damages regarding restoring the
Public right-of-way to its original condition before installation of facilities. The indemnification
shall survive termination of this Perm Wag reement.
ARTICLE VIII. - USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS
Sec. 54-309. - Indemnity and insurance.
(b)
lessesi GeStS, iRGI61diRg bUt Ret limited te FeaGeRable legal fees and GEWFt GeSts iRGIHdiRg legal
fees and GeWFt GeStS eR appeal; judgrneRtS; iRjuFiesi liabilities E)F damages, OR law eF equity, ef
City of Miami File ID: 7630 (Revision: A) Printed On: 1011912020
rnncirlorro+inn fnr the nron+inn of +hic inrJomni+,,. The registrant/applicant shall indemnify, defend,
and hold harmless the City, its officials, employees, agents, and, if applicable, its
instrumentalities and each of them from and against all loss, cost, penalties, fines, damages,
claims of any nature (including but not limited to, libel, slander, invasion of privacy, and
unauthorized use of any trademark, trade name, or service mark), including expenses and
attorneys' fees, and any and all liabilities by reason of injury to or death of any person, damage
to, destruction, or loss to any property including the City, its instrumentalities, officials,
employees, and agents arising out of or in connection with the performance or non-performance
of the services contemplated by this permit/agreement which is directly or indirectly caused, in
whole or in part, by any act, omission, default, liability, or negligence, whether active or passive
of the applicant, its employees, agents, servants, or contractors, unless such act or omission is
solely caused by the City, its instrumentalities, officials, employees, and agents. The applicant
further agrees to indemnify, defend, and hold harmless the City, its instrumentalities, officials,
employees, and agents against all liabilities which may be asserted by an employee or former
employee of the applicant, or any of its contractors as provided above, for which the applicant's
liability to such employee or former employee would otherwise be limited to payments under
workers' compensation or similar laws. In addition, the applicant understands and agrees that
except where caused by the negligence or misconduct of the City, its instrumentalities, officials,
employees, or agents, the City shall not be liable for any loss, injury, or damage to any personal
property or equipment of the applicant, its employees, agents, contractors, business licensees,
or invitees placed on City property and its instrumentalities and shall be at the risk of the
applicant thereof. The applicant shall ensure that adequate safety precautions are in effect at all
times during the term of the permit. It shall be a further condition precedent to the issuance of
any such permit for work to be performed in the public right-of-way that the permit holder(s)
is/are jointly and severally responsible, at each permit holder's sole expense, for any damages
regarding restoring the public right-of-way to its original condition before installation of facilities.
The indemnification shall survive termination of this permit/agreement.
(c) Upon the granting of a registration for a telecommunication system and at all times during
the terms of the registration, including the time for removal of facilities as provided for herein,
the registrant/applicant shall ebtair, pay all pFernii ms f„r and file with the city ins iFaRGe
€et4ew+n�g: provide to the City a certificate of insurance as follows:
Commercial General Liability with limits in an amount not less than $1,000,000.00 per
occurrence, $2,000,000.00 aggregate, and any endorsements thereto, including, but not limited
to, premises and operations liability, contingent and contractual exposures, personal and
advertising iniury, products and completed operations, and XCU hazards, if applicable. The
certificate must reflect primary and noncontributory language and list the City as an additional
insured with respect to general liability. The certificate shall further include coverage for all
owned, hired, and non -owned vehicles with a combined single limit of $500,000.00 per accident
also listing the City as an additional insured along with workers' compensation including waiver
of subrogation as required by the statutory limits of the State of Florida. The insurance herein
reauired shall remain in full force and effect durina the entire term of the Dermit.
All insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida with the followinq qualifications:
The company must be rated no less than "A-" as to management and no less than Class "V"
as to financial strength by the latest edition of Best's Insurance Guide published by A.M. Best
Company, Oldwick New Jersey, or its equivalent subject to the approval of the City's Risk
Management Department. Companies not meetinq the above ratinq requirements shall submit
proof of reinsurance from qualifying insurers having or exceeding the required ratinq criteria.
City of Miami File ID: 7630 (Revision: A) Printed On: 1011912020
The registrant/applicant shall provide thirty (30) days prior written notice of cancellation to the
City for any reason other than non-payment of premium in which ten (10) days' notice shall
apply.
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ARTICLE XI. - USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY
TELEPHONES
Sec. 54-424. Indemnity and insurance.
(b) The peFrnittee shall indemnify, save and held haFrnless and defeRd the Gity fFE)IcR all lieR-F,:,
;
lessesi GGGtS, ORG'udiRg bUt Ret limited te FeaGeRable legal fees and Ge6lFt GE)StS iRGIHdiRg legal
d iSti RGt GeRsideF.' tieR FE)r the gFaRtiRg „f thiS iRde „Rity Applicant agrees to indemnify, defend,
and hold harmless the City, its officials, employees, agents, and, if applicable, its
instrumentalities and each of them from and aaainst all loss. cost. aenalties. fines. damaaes.
City of Miami File ID: 7630 (Revision: A) Printed On: 1011912020
claims of any nature (including but not limited to, libel, slander, invasion of privacy, and
unauthorized use of any trademark, trade name, or service mark), including expenses and
attorneys' fees, and any and all liabilities by reason of injury to or death of any person, damage
to, destruction, or loss to any property including the City, its instrumentalities, officials,
employees, and agents arising out of or in connection with the performance or non-performance
of the services contemplated by this permit/agreement which is directly or indirectly caused, in
whole or in part, by any act, omission, default, liability, or negligence, whether active or passive,
of the applicant, its employees, agents, servants, or contractors, unless such act or omission is
solely caused by the City, its instrumentalities, officials, employees, and agents. The applicant
further agrees to indemnify, defend, and hold harmless the City, its instrumentalities, officials,
employees, and agents against all liabilities which may be asserted by an employee or former
employee of the applicant, or any of its contractors as provided above, for which the applicant's
liability to such employee or former employee would otherwise be limited to payments under
workers' compensation or similar laws. In addition, the applicant understands and agrees that
except where caused by the negligence or misconduct of the City, its instrumentalities, officials,
employees, or agents, the City shall not be liable for any loss, injury, or damage to any personal
property or equipment of the applicant, its employees, agents, contractors, business licensees,
or invitees placed on City property and its instrumentalities, and shall be at the sole risk of the
applicant thereof. The applicant shall ensure that adequate safety precautions are in effect at all
times during the term of the permit. It shall be a further condition precedent to the issuance of
any such permit for work to be performed in the public right-of-way that the permit holder(s)
is/are jointly and severally responsible, at each permit holder's sole expense, for any damages
regarding restoring the public right-of-way to its original condition before installation of facilities.
The indemnification shall survive termination of this permit/agreement.
(c) Upon the granting of a pay telephone permit and at all times during the terms of the
permit, including the time for removal of facilities as provided for herein, the applicant/permittee
shall obtain, and provide to the City a certificate of insurance as follows: ^ay a ^ro,,,; ,,,�
A certificate of insurance with respect to Commercial General Liability in an amount not less
than $1,000,000.00 per occurrence, $2,000,000.00 aggregate, and any endorsements thereto,
including, but not limited to, premises and operations liability, personal and advertising injury,
products, and completed operations. The certificate shall also afford coverage for contingent
exposures and underground hazards, if applicable. The certificate must reflect primary and
noncontributory language and list the City as an additional insured. The certificate shall further
include coverage for all owned, hired, and non -owned vehicles with a combined single limit of
$500,000.00 per accident also listing the City as an additional insured along with workers'
compensation including waiver of subrogation subject to the statutory limits of the State of
Florida. The insurance herein required shall remain in full force and effect during the entire term
of the permit. Additionally, all such insurance shall be subject to review and approval by the
City's Risk Management Department.
All insurance policies required above shall be issued by companies authorized to do
business under the laws of the State of Florida with the following qualifications:
The comoanv must be rated no less than "A-" as to manaaement and no less than Class
"V" as to financial strength by the latest edition of Best's Insurance Guide published by A.M.
Best Company, Oldwick New Jersey, or its equivalent subject to the approval of the City's Risk
Management Department. Companies not meeting the above rating requirements shall submit
proof of reinsurance from qualifying insurers having or exceeding the required rating criteria.
City of Miami File ID: 7630 (Revision: A) Printed On: 1011912020
The registrant/applicant shall provide thirty (30) days prior written notice of cancellation
to the City for any reason other than non-payment of premium in which ten (10) days' notice
shall apply.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
i ria i "ndez, Cify Httor iley 7/14/2020 i ria i "ndez, Cify Httor iley 8/25/2020
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 7630 (Revision: A) Printed On: 1011912020