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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.
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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
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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:
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(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
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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► ^,
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* * *
CriARTICLE VIII. - USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSf MS tv
* * * �C,
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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:
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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")
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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
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AMID: 7630 Enactment Number: p Z
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Sec. 54-424. Indemnity and insurance. N 2 E
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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 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.
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Certificates of insurance shall contain thirty (30) days as to changes or modifiatior
with notice to the certificate holder
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above; or
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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.
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.
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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
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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:
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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.
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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 ,
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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
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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