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HomeMy WebLinkAboutLegislation-SUBco,, OF. 0 K , City of Miami Legislation Ordinance: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.cam File Number: 7630 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), 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. SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo Reyes 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:1 "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE VI. - SIDEWALK CAFES * * * Sec. 54-228. Indemnification and insurance. Fri ▪ rn CJ agenter-andrif-applicabler-its-instrentalithie;-and-eaekef-them-fr-GFIV:314d-against:all-lessr 1 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 unchanged material. City of Miami Page 1 of 9 File ID: 7630 (Revision:) Printed On: 7/22/2020 Z - m w o Qg u = - Z 0 co • 3 Q p a z Q - w 2 m w • Qo z F' z N w p N 7(o30 L3i3!t11or1- Sub Hie ID: 7630 Enactment Number: Z co CwW , . H 4 O i— Z 0 023N t^ O ~ a aL rn�O W Q W w ,ni1,.2.i of +{�� nifi .+ inc•+n.Men+wli4ie� i* �ff;niw rr._ u H Z 0 C7 Z to CC W O H , • • • • Y Applicant agrees to indemnify, defend, and hold harmless the City, its officials, employes, '— agents, and, if applicable, its instrumentalities, and each of them from and against all Cvs, cb, 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, or damage to, dest uetiorar loss to anv property including the City, its instrumentalities, officials, employees, and agentsc, arising out of or in connection with the performance or non-performance of the services .� o contemplated by this permit/agreement which is directly or indirectly caused. in whole orin digl't, 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 topavments 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 Toss, injury. or damage to anv personal property or equipment of the applicant, its employees, agents, contractors, business licensees, or inviteesplaced 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/arejointly 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. City of Miami Page 2 of 9 File ID: 7630 (Revision:) Printed on: 7/22/2020 FUeID: 7630 Enactment Number: Prior to the issuance of any such permit, the applicant shall submit to the Citv 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 anv 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 times during the entire term of the permit. Additionally, all such insurance shall be subject to review and approval bv 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 Citv's Department of Risk Management. Companies not meetina the above rating requirements shall submit proof of reinsurance from aualifvina insurers having or exceeding the required rating criteria. Certificates of insurance shall contain thirty (30) days as to changes or modifications with notice to the certificate holder. 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, shall furnish to the city the following: rn 3-t ca 03 the distrirgitob a 3 ,a; (1) Evidence, acceptable to the city's risk management division, that the distributor has public liability insurance, with the city named as an additional insured, with bodily injury liability limits of $500,000.00 each person; $500,000.00 each occurrence, and property damage liability limits of $250,000.00 each occurrence, or bodily injury liability and/or property damage liability, single limit of $500,000.00 each occurrence. 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 agaregate, and anv endorsements thereto, including, but not limited to, premises and operations liability, personal and advertising injury, products, and completed operations. The certificate must reflect primary and noncontributory lanquaae 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 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 subiect to review and approval by the Citv's Risk Management Department. All insurance policies required above shall be issued bv companies authorized to do business under the laws of the State of Florida with the following qualifications: City of Miami Page 3 of 9 File ID: 7630 (Revision:) Printed on: 7/22/2020 File ID: 7630 Enactment Number: The company must be rated no Tess than "A-" as to management and no Tess 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 Department of Risk Management. Companies not meeting the above rating requirements shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating criteria. Certificates of insurance shall contain thirty (30) days as to chances or modifications with notice to the certificate holder. (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 p W violation of this article. Failure to timely continuously maintain the required insurance shall result m W in the imposition of a fine of double the permit fee per newsrack which if not paid within 30 0 ex • z calendar days of written notice from the city shall result in the newsrack being deemed J abandoned and subject to removal as set forth in this article. Altematively, the city may pursue I- z o appropriate remedy by the code enforcement division under section 2-811 et seq. of this Code. m Applicant aarees to indemnify. defend, and hold harmless the City. its officials, employees. N oc E agents, and, if applicable, its instrumentalities, and each of them from and against all loss. cost, a a LL penalties, fines, damages. claims of any nature, including expenses and attorneys' fees, and o any and all liabilities by reason of injury to or death of any person, damage to, destruction, or z - u z LL,loss to any property includina the City, its instrumentalities, its officials, employees, and agents 2 m 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. o z by any act, omission, default, liability, or negligence, whether active or passive of the applicant, y z its employees, agents. servants, or contractors, unless such act or omission is solely caused by E 0 y 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, iniury, 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 permit/agreement. Via► ^, i Oa * * * CriARTICLE VIII. - USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSf MS tv * * * �C, r' co ro o Sec. 54-309. - Indemnity and insurance. Clty of Miami Page 4 of 9 File ID: 7630 (Revision:) Printed on: 7/22/2020 File ID: 7630 Enactment Number: (b) , w w w 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 anv nature. including expenses and attorneys' fees, and anv and all liabilities bv reason of iniury to or death of any person. damage to, destruction, or loss to any property including the City, its instrumentalities, its officials, employees, and agents arising out of or in connection with the performance or non-performance of the services contemplated bv this permit/agreement which is directly or indirectly caused, in whole or in part, bv anv 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 bv the City. its instrumentalities, officials. employees. and agents. The applicant further agrees to indemnify. defend, and hold harmless the Citv, its instrumentalities, officials, employees, and agents against all liabilities which may be asserted by an employee or former employee of the applicant, or anv 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 bv 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 anv 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 be solely responsible for all activities. 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 anv damages regarding restoring the public right-of-way to its original condition before installation of facilities. The indemnificatibn shall survive termination of this permit/agreement. I a (c) Upon the granting of a registration for a telecommunication system and at all time`$-duri the terms of the registration, including the time for removal of facilities as provided for iie'i in, the registrant/applicant shall - feNewing provide to the City a certificate of insurance as follows: r; 03 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 iniurv, 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 per accident also listing the Citv as an additional insured along with worker's compensation including waiver m City of Miami Page 5 of 9 File ID: 7630 (Revision:) Printed on: 7/22/2020 File ID: 7630 Enactment Number. of subrogation as required by 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. 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 Tess 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 Citv's Department of Risk Management. Companies not meeting the above rating requirements shall submit proof of reinsurance from qualifying insurers having or exceeding the required rsignqp..3 criteria. -� Certificates of insurance shall contain thirty (30) days as to changes or modifications qitf) nc ce to the certificate holder. IN3 C") 43 in s s i'r3 a r damage, „ and-( * ARTICLE XI. - USE OF THE PUBLIC RIGHTS -OF -WAY FOR INSTALLATION OF PAY TELEPHONES Clty of Miami Page 6 of 9 File ID: 7630 (Revision:) Printed on: 7/22/2020 cc• Z AMID: 7630 Enactment Number: p Z 7 U +► • w H Q% p Z 0 • _ al Sec. 54-424. Indemnity and insurance. N 2 E p LL (b) iNap C Z Q W L m 2 U Q p z a t C l7 • G' W E ci N 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 Toss. cost. penalties, fines, damages, claims of any nature, including expenses and attorneys' fees, and anv and all liabilities bv 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 bv 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 bv the negligence or misconduct of the City, its instrumentalities, officials, employees, or agents, the City shall not be liable for any Toss, 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 durina the term of the permit. It shall be a further condition precedent to the issuance of anv such permit for work to be performed in the public right-of-way that the permit holder(s) is/are iointiv and severally responsible, at each permit holder's sole expense, for anv damages regarding restoring the public right-of-wav to its original condition before installation of facilities. The indemnification shall survive termination of this permit/agreement. H 7 (c) Upon the granting of a pay telephone permit and at all times during the terms ofe permit, including the time for removal of facilities as provided for herein, the applicanttpdtmi ee shall obtain, and provide to the City a certificate of insurance as follows: A certificate of insurance with respect to Commercial General Liability in an amount ngt'Iesw than $1,000,000.00 per occurrence, $2,000,000.00 aggregate, and any endorsements thegeSo, including, but not limited to, premises and operations liability, personal and advertisina1niu7, 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 worker's compensation including waiver of subrogation subject to the statutory limits of the State of Clty of Miami Page 7 of 9 File ID: 7630 (Revision:) Printed on: 7/22/2020 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 bv A.M. Best Company, Oldwick New Jersey, or its equivalent subject to the approval of the Citv's Department of Risk Management. Companies not meeting the above rating requirements shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating criteria. fiM -,*2140 t Certificates of insurance shall contain thirty (30) days as to changes or modifiatior with notice to the certificate holder 4 N L9\ A ner,er•I nrrnnrehsnc+„ie li.±kili4,i rt _Iinv .rij1 mniAnnn ,4 F r rlinn +ni1 ciiiin C. PropedY4amage- 01)—All-ineuFaciseitielisies-salted-feF4lerein-shati-name-the-sitfras-additional-ineureci-and-shatt : above; or * 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. File ID: 7630 Enactment Number: Z Z IZu Florida. The insurance herein required shall remain in full force and effect during the entire term I--J o of the permit. Additionally, all such insurance shall be subject to review and approval by the z o City's Risk Management Department. m3 tn oLL All insurance policies required above shall be issued bv companies authorized to do D o business under the laws of the State of Florida with the following qualifications: W a W hi N re W H o N City of Miami Page 8 of 9 File ID: 7630 (Revision:) Printed on: 7/22/2020 File ID: 7630 Enactment Number: Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: na dez, ity ttor ey 7/14/2020 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. • W H m z Z o a i- - a i- z VI co 5 N 0 a a N � 1- Y U W � m U 0 = x O H SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 9 of 9 File ID: 7630 (Revision:) Printed on: 7/22/2020 City of Miami Legislation Ordinance: File Number: 7630 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDI 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS A CODE"), TITLED "STREETS AND SIDEWALKS," TO UPD INDEMNITY, INSURANCE, AND SURETY REQUIREME WITH SIDEWALK CAFE PERMITS, RIGHT-OF-WAY P TELECOMMUNICATION FACILITIES, NEWSRACKS, TELEPHONES; CONTAINING A SEVERABILITY C FOR AN IMMEDIATE EFFECTIVE DATE. City Hall 3500 Pan Ame'can Drive Miami, F 33133 www.mi igov.com Fin . Action Date: G CHAPTER NDED ("CITY AND CODIFY S IN CONNECTION MITS FOR ND PAY USE; AND PROVIDING SPONSOR(S): Commissioner Ken Russell, Commissio ' r Manolo Reyes WHEREAS, Chapter 54 of the Code of the City • Miami, Florida, as amended ("City Code"), establishes certain requirements for indemnif tion and insurance in connection with the issuance of certain permits related to the use of : nd work in the public right-of-way; and WHEREAS, the City Commission wishe o update said provisions and to codify insurance requirements in connection with sai, permits; NOW, THEREFORE, BE IT ORD • ED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and f dings contained in the Preamble to this Ordinance are adopted by reference and incorpor ed as if fully set forth in this Section. Section 2. Chapter 54 the City Code, titled "Streets and Sidewalks," is amended in the following particulars:1 "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE VI. - SIDEWALK CAFES Sec. -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 unchanged material. City of Miami Page 1 of 9 File ID: 7630 (Revision:) Printed On: 7/23/2020 SUBSTITUTED Enactment Numb : File ID: 7630 Applicant agrees to indemnify, defend, anhold harmless the City, its officials, employees, agents, and, if applicable, its instrumen ities, and each of them from and against all loss, cost, penalties, fines, damages, claims of a, nature, including expenses and attornev's fees, and any and all liabilities by reason of in - ry to or death of any person, or damage to, destruction, or loss to any property including the ' ity, its instrumentalities, officials, employees, and agents arising out of or in connection w the performance or non-performance of the services contemplated by this permit/aeement which is directly or indirectly caused, in whole or in part, by any act, omission, defaul liability, or negligence, whether active or passive of the applicant, its employees, agents, se -nts, or contractors, unless such act or omission is solely caused by the City, its instrumental es, officials, employees, and agents. The applicant further agrees to indemnify, defend, anold harmless the City, its instrumentalities, officials, employees and agents against all li. ilities which may be asserted by an employee or former employee of the applicant or any of s contractors as provided above for which the applicant's liability to such employee or for - r employee would otherwise be limited to payments under workers' compensation .r similar laws. In addition, the applicant understands and agrees that except where caus- , by the negligence or misconduct of the City, its instrumentalities, officials, employee or agents, the City shall not be liable for any loss, injury, or damage to any personal property r equipment of the applicant, its employees, agents, contractors, business licensees, or invi . -s placed on City property and its instrumentalities and shall be at the sole risk of the appl" = nt thereof. The applicant shall ensure that adequate safety precautions are in effect at all ti during the term of the permit. It shall be a further condition precedent to the issuance of v such permit for placement of such sidewalk cafe in the public right-of-way that the permit older(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. SUBSTITUTED City of Miami Page 2 of 9 File ID: 7630 (Revision:) Printed on: 7/23/2020 F8e ID: 7630 Enactment Number: Prior to the issuance of anv such permit, the applicant shall submit to the City a certifica - of insurance with respect to Commercial General Liability with limits of at least $1,000,000 10 per occurrence, $2,000,000.00 policy aggregate, and any endorsements thereto, includi but not W limited to, premises and operations liability, personal and advertising injury, produ - and 1 completed operations, non -owned auto exposures, and liquor liability. In additior he applicant shall submit a certificate of insurance in terms of workers' compensation subje .o the statutory limits of the State of Florida including waiver of subrogation in favor of the C. The applicant further agrees to provide additional insurance requirements as may be requ'. - • by the City, including but not limited to umbrella liability or any additional requirement '• r endorsements as may be applicable in connection with the scope of services contemplate under this permit. The CO certificate must reflect primary and noncontributory language and list t• - City as an additional insured on all third -party liability policies including liquor. The insura e herein required shall c/1i remain in full force and effect at all times during the entire term of e permit. Additionally, all such insurance shall be subject to review and approval by the C. ' 's Risk Management Department. All insurance policies required above shall be issued by co panies authorized to do business under the laws of the State of Florida with the following q = lifications: The company must be rated no less than "A-" as to m . agement and no Tess than Class "V" as to financial strength by the latest edition of Best' nsurance Guide, published by A.M. Best Company, Oldwic New Jersey, or its equivalent s • iect to the approval of the City's Department of Risk Management. Companies not meeting t above rating requirements shall submit proof of reinsurance from qualifying insurers having r exceeding the required rating criteria. Certificates of insurance shall contain thi (30) days as to changes or modifications with notice to the certificate holder. ARTICLE VII. - WSRACKS ON PUBLIC RIGHTS -OF -WAY * * * Sec. 54-265. Insurance a • bond requirements. (a) Insurance requir ent. Prior to the issuance of a permit by the director, the distributor shall furnish to the c'' the following: (1) Evi• -nce, acceptable to the city's risk management division, that the distributor has public f •ility insurance, with the city named as an additional insured, with bodily injury liabili limits of $500,000.00 each person; $500,000.00 each occurrence, and property da . ge liability limits of $250,000.00 each occurrence, or bodily injury liability and/or pr': •erty damage liability, single limit of $500,000.00 each occurrence. A certificate of surance 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, contingent and contractual exposures, personal and advertising injury, products, and completed operations. In addition, the applicant hereby agrees to provide additional insurance requirements as required by the City, including but not limited to umbrella liability or any additional requirements or endorsements as may be applicable in connection with the scope of services contemplated by the permit/agreement. The certificate must reflect City of Miami Page 3 of 9 File ID: 7630 (Revision:) Printed on: 7/23/2020 File iD: 7630 Enactment Number: primary and noncontributory language and list the City as an additional insured. The certificate must also include coverage for all owned, hiredandnon-owned vehicl- with a combined single limit of $500,000 per accident also listing the City as an add' . • nal insured and must further afford coverage for worker's compensation including laiver of subrogation subject to the statutory limits of the State of Florida. The insura - herein required shall remain in full force and effect during the entire term of the p it. Additionally, all such insurance shall be subject to review and approval b the City's Risk Management Department. All insurance policies required above shall be issued by companie = uthorized to do business under the laws of the State of Florida with the following -- ualifications: The company must be rated no less than "A-" as to manage -nt and no less than Class "V" as to financial strength by the latest edition of Best's In rance Guide, published by A.M. Best Company, Oldwick New Jersey, or its equivale• subject to the approval of the City's Department of Risk Management. Companies n• meeting the above rating requirements shall submit proof of reinsurance from • -lifying insurers having or exceeding the required rating criteria. Certificates of insurance shall contain thirty (3days as to changes or modifications with notice to the certificate holder. (2) Insurance under this section shall run continuo - sly with the presence of the applicant's newsrack on city public rights -of -way, and any t ination or lapse of such insurance shall be a violation of this article. Failure to timely contin usly maintain the required insurance shall result in the imposition of a fine of double the perm fee per newsrack which if not paid within 30 calendar days of written notice from the ci shall result in the newsrack being deemed abandoned and subject to removal as se orth in this article. Alternatively, the city may pursue appropriate remedy by the code enforc ent division under section 2-811 et seq. of this Code. Applicant agrees to indemnify, defen•, and hold harmless the City, its officials, employees, agents, and, if applicable, its instru entalities, and each of them from and against all loss, cost, penalties, fines, damages, claims .f any nature, including expenses and attorneys' fees, and any and all liabilities by reason • injury to or death of any person, damage to, destruction, or loss to any property including e City, its instrumentalities, its officials, employees, and agents arising out of or in connecti with the performance or non-performance of the services contemplated by this pe agreement which is directly or indirectly caused, in whole or in part, by any act, omission, d- =ult, liability, or negligence, whether active or passive of the applicant, its employees, agents ervants, or contractors, unless such act or omission is solely caused by the City, its instrum- alities, officials, employees, and agents. The applicant further agrees to indemnify, defend =nd hold harmless the City, its instrumentalities, officials, employees, and agents against a iabilities which may be asserted by an employee or former employee of the applicant or a of its contractors as provided above for which the applicant's liability to such employee or • rmer employee would otherwise be limited to payments under workers' compensa •n or similar laws. in addition, the applicant understands and agrees that except where cased by the negligence or misconduct of the City, its instrumentalities, officials, employ es, or agents, the City shall not be liable for any loss, injury, or damage to any personal pro • - v or equipment of the applicant, its employees, agents, contractors, business licensees, or i 'tees placed on City property and its instrumentalities and shall be at the sole risk of the a• • icant thereof. The applicant shall ensure that adequate safety precautions are in effect at all es 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 thegublic right-of-way that the permit holder(s) is/are jointly and severally responsible, at each permit holder's sole expense, for any City of Miami Page 4 of 9 File ID: 7630 (Revision:) Printed on: 7/23/2020 File ID: 7630 Enactment Humber: 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. ARTICLE VIII. - USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION .YSTEMS Sec. 54-309. - Indemnity and insurance. * * * * * * Th registrant/applicant shall indemnify, defend, and hold harmless the City, its officials, employe: , agents, and, if applicable, its instrumentalities, and each of them from and - ainst all loss, cost, penalties, fines, damages, claims of any nature, including expenses an• attorneys' fees, and any and all liabilities by reason of iniury to or death of any person, amage to, destruction, or Toss to any property. including the City, its instrumentalities, it officials, employees, and agents arising out of or in connection with theperfomiance or no -performance of the services contemplated by this permit/agreement which is directly or directly caused, in whole or in part, by any act, omission, default, liability, or negligence, wh er active or passive of the applicant, its employees, agents, servants, or contractors, unless .ch act or omission is solely caused by the City, its instrumentalities, officials, emp vees, and agents. The applicant further agrees to indemnify, defend, and hold harmless t City, its instrumentalities, officials, employees, and agents against all liabilities which -v be asserted by an employee or former employee of the applicant, or any of its co ' ractors as provided above, for which the applicant's liability to such employee or former em ovee would otherwise be limited to payments under workers' compensation or simi.: r laws. In addition, the applicant understands and agrees that except where caused by t negligence or misconduct of the City, its instrumentalities, officials, employees, or a • - ts, the City shall not be liable for any loss, injury, or damage to any personal property or eQu' ment of the applicant, its employees, agents, contractors, business licensees, or invitees pi •-d on City property and its instrumentalities and shall be at the risk of the applicant th eof. The applicant shall be solely responsible for all activities. The applicant shall ensure th- adequate safetvprecautions are in effect at all times during the term of the permit. It shall be . further condition precedent to the issuance of any such permit for work to be perfo - ed in the public right-of-way that the permit holder(s) is/are iointly and severally res• nsible, at each permit holders sole expense, for any damages regarding_restoring the p is right-of-way to its original condition before installation of facilities. The indemnification all 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 , SUBSTITUTED city of Miami Page 5 of 9 File ID: 7630 (Revision:) Printed on: 7/23/2020 File ID: 7630 Enactment Number: feRtewingi provide to the City a certificate of insurance as follows: Commercial General Liability with limits in an amount not less than $1,000,000. occurrence, $2,000,000.00 aggregate, and any endorsements thereto, includi< to, premises and operations liability, contingent and contractual exposures, . - advertising injury, products and completed operations, and XCU hazards, addition, the applicant hereby agrees to provide additional insurance req by the City, including but not limited to umbrella liability, or any addition. endorsements as may be applicable, in connection with the scope of under this permit. The certificate must reflect primary and noncontri City as an additional insured on all third party liability policies. The include coverage for all owned, hired, and non -owned vehicles w $500,000 per accident also listing the City as an additional insu coverage for worker's compensation including waiver of subro limits of the State of Florida. The insurance herein required s during the entire term of the permit. Additionally, all such in applicant(s) shall be subject to review and approval by th and shall be updated by the applicant as necessary. All insurance policies required above shall be under the laws of the State of Florida with the The company must be rated no less than "A-" as to financial strength by the latest edition of Company, Oldwic New Jersey, or its equival of Risk Management. Companies not meet of reinsurance from qualifying insurers ha Certificates of insurance shall contain to the certificate holder. g per , but not limited rsonal and applicable. In ements as required requirements or rvices contemplated tory language and list the rtificate shall further a combined single limit of d and must further afford tion as required by the statutory all remain in full force and effect rance for non-qovemmental City's Risk Management Department issued .y companies authorized to do business folio g qualifications: a o management and no less than Class "V" st's Insurance Guide, published by A.M. Best t subject to the approval of the City's Department the above rating requirements shall submit proof or exceeding the required rating criteria. rty (30) days as to changes or modifications with notice SUBSTITUTED City of Miami Page 6 of 9 File ID: 7630 (Revision:) Printed on: 7/23/2020 File ID: 7630 Enactment Number: ARTICLE Xl. - USE OF THE PUBLIC RIGHTS -OF -WAY FOR IN ALLATION OF PAY TELEPHONES Sec. 54-424. Indemnity and insurance. (b) * * * . Applicant agrees to indemnify, defend, and hold harmless the City, its officials, e ► lovees, agents, and, if applicable, its instrumentalities, and each of them from : nd against all Toss, cost, penalties, fines, damages, claims of any nature, including expen and attorneys' fees, and anv and all liabilities bv_ reason of injury to or death of any • on, damage to, destruction, or loss to any property including the City, its instrumentali -s, officials, employees, and agents arising out of or in connection with the performance •r non-performance of the services contemplated by this permit/agreement which is dire • y or indirectly caused, in whole or in part, by any act, omission, default, liability, or neqligen - whether active or passive, of the applicant, its employees, agents, servants, or contra • rs, unless such act or omission is solely caused by the City, its instrumentalities, officials -mployees, and agents. The applicant further agrees to indemnify, defend, and hold harml= -s the City, its instrumentalities, officials, employees, and agents against all liabilities w' `ch may be asserted by an employee or former employee of the applicant, or any of contractors as provided above, for which the applicant's liability to such employee or form employee would otherwise be limited to payments under workers' compensation or-imilar laws. In addition, the applicant understands and agrees that except where caused the negligence or misconduct of the City, its instrumentalities, officials, employees, • agents, the City shall not be liable for any loss, injury, or damage to any personal property or • uipment of the applicant, its employees, agents, contractors, business licensees, or invitee :•' placed on City property, and its instrumentalities, and shall be at the sole risk of the applica, thereof. The applicant shall ensure that adequate safety_precautions are in effect at all times • urinq the term of the permit. It shall be a further condition precedent to the issuance of any . uch permit for work to be performed in the public right-of-way that the permit holder(s) is re jointly and severally responsible, at each permit holder's sole expense, for any damages W H cn m City nfW aml Page 7 of 9 File ID: 7630 (Revision:) Printed on: 7/23/2020 File ID: 7630 Enecbnent Number: regarding restorinq the public right-of-way to its original condition before installation of faciliti- 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 th permit, including the time for removal of facilities as provided for herein, the applicant/ ' - rmittee shall obtain, and provide to the City a certificate of insurance as follows: A certificate of insurance with respect to Commercial General Liability in an a •unt not less than $1,000,000.00 per occurrence, $2,000,000.00 aggregate, and any end• -ments thereto, including, but not limited to, premises and operations liability, contingent a • contractual exposures, personal and advertising injury, products, and completed op- lions. In addition, the applicant hereby agrees to provide additional insurance requirements - required by the City, including but not limited to umbrella liability or any additional require nts or endorsements as may be applicable in connection with the scope of services contem ►`aced by the permit/agreement. The certificate must reflect primary and nonco► ributory language and list the City as an additional insured. The certificate must also include verage for all owned, hired, and non -owned vehicles with a combined single limit of $500 0.00 per accident also listing the City as an additional insured and must further afford covera • - for worker's compensation including waiver of subrogation subject to the statutory lim of the State of Florida. The insurance herein required shall remain in full force and -'ect during the entire term of the permit. Additionally, all such insurance shall be subie o review and approval by the City's Risk Management Department. All insurance policies required above shall b issued by companies authorized to do business under the laws of the State of Florida ith the following qualifications: The company must be rated no less - n "A-" as to management and no less than Class "V" as to financial strength by the latest e► ion of Best's Insurance Guide, published by A.M. Best Company, Oldwick New Jersey, o s equivalent subject to the approval of the City's Department of Risk Management. Co ► panies not meeting the above rating requirements shall submit proof of reinsurance from au ifying insurers having or exceeding the required rating criteria. Certificates of insuran shall contain thirty (30) days as to changes or modifications with notice to the certificate • !der pray-r1amage, SUBSTITUTED City of Mimi Page 8 of 9 File ID: 7630 (Revision:) Printed on: 7/23/2020 File ID: 7630 • • - • •♦ 1 ent Number: Section 3. If any section, part,of a section, • : ragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provi ons of this Ordinance shall not be affected. Section 4. This Ordinance shall beco effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORR TNESS: ria di5 ei, iify ttor ey � 7/14/2020 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. SUBSTITUTED City of Miami Page 9 of 9 File ID: 7630 (Revision:) Printed on: 7/23/2020