§ 86-105.5. Indemnification and insurance.

(a)

As a condition of a permittee having its improvements or equipment located in county public right-of-way or attached, to county-owned utility poles, equipment or structures placed within the public right-of-way, the permittee agrees to and shall, to the extent permitted by law, defend, indemnify and hold harmless the county, its employees, officers, agents and contractors against any claim, of liability or loss of any kind, including administrative orders and regulations, and specifically including, without limitation, any claim of liability or loss from personal injury or property damage resulting from, or arising out of the presence of the permittee's equipment in county right-of-way or attached to county-owned utility poles, equipment or structures placed within the right-of-way and also as to any willful misconduct of the user, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the willful misconduct of the county, or its employees, officers, contractors or agents.

(b)

The permittee agrees as a condition of permit issuance to indemnify the county and pay the cost of the county's legal defenses, including fees of attorneys as may be selected by the county, for all claims described in the hold harmless clause above. Such payment on behalf of the county shall be in addition to any and all other legal remedies available to the county and shall not be considered to be the county's exclusive remedy.

(c)

Any permittee placing or installing any structure or object on a county-owned utility pole, equipment or structure located within the public right-of-way shall ensure that, at least 30 days prior to the commencement of any work the permittee provides to the public works department a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-VII by A.M. Best, subject to approval by the county risk manager, verifying the following minimum policy coverage amounts:

General Liability Insurance policy with a $1,000,000.00 combined single limit for each occurrence to include the following coverage: Operations, Products and Completed Operations, Personal Injury, Contractual Liability covering the right-of-way/easement permit. "X-C-U" hazards, and Errors and Omissions.

Auto Liability Insurance which includes coverage for all owned, non-owned and rented vehicles with a $1,000,000.00 combined single limit for each occurrence.

Workers' Compensation and Employers Liability Insurance covering all employees of the permittee and subcontractors, as required by law.

In the event the permit activity involves professional or consulting services, in addition to the aforementioned insurance requirements, the permittee shall also procure and maintain a Professional Liability Insurance Policy in the amount of $1,000,000.00 per claim.

In the event the permit activity involves services related to building construction projects the permittee shall also procure and maintain a Builders Risk Insurance Policy with loss limits equal to the value of the construction project.

(b)

In addition to the above, specialty insurance policies covering specific risks of loss (including, but not limited to, for example: Longshore coverage. Crane and Rigging. Inland Marine, etc.) may be required by the county risk manager. Any additional specialty insurance coverage requirement will be dictated by the specific activity proposed under the right-of-way/easement permit and insurance underwriting standards, practices, procedures or products available in the commercial insurance market at the time of the contract inception. The permittee is required to procure and maintain all such specialty coverage in accordance with prudent business practices within, the permittee's industry.

(c)

The permittee shall provide certificates of insurance to the public works department demonstrating that the aforementioned insurance requirements have been met prior to the commencement of work under the right-of way/easement permit. The certificates of insurance shall indicate that the policies have been endorsed to cover the county as an additional insured (a waiver of subrogation in lieu of additional insured status on the workers compensation policy is acceptable) and that these policies may not be canceled or modified without 30 days' prior written notice to the county. The policies shall remain effective until all wireless facilities are removed from county-owned utility poles, infrastructure or other improvements.

(d)

The insurance coverage enumerated above constitutes the minimum requirements and shall in no way lessen or limit the liability of the permittee unless against any and till claims for bodily injury, sickness, disease, death, personal injury, damage to property or loss of use of any property or assets is caused in whole or in part by any negligent act or omission of the county.

(e)

The county shall not be liable to a permittee, or any of its respective agents, representatives, or employees for any lost revenue, lost profits, loss of technology, use of rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if the county has been advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise that is related to, arises out of, flows from or is, in some part, caused by permittee's attachment to or use of county-owned infrastructure.

(f)

A permittee may not construe a permit, correspondence, or other communication as affecting a right, privilege or duty previously conferred or imposed by the county to or on another person. The county reserves the right to continue or extend a right, privilege, or duty or to contract with additional users of county-owned rights-of-way without regard to resulting economic competition.

(g)

A permittee is solely responsible for the risk and expense of installation, operation, and maintenance of the permittee's attachments, structures or improvements. The county does not warrant or represent that county-owned utility poles, equipment or structures are suitable for placement of a permittee's attachments. A permittee must accept the county-owned infrastructure "as is" and "where is" and assumes all risks related to the use. The county is not liable for any damage to attachment(s) due to an event of damage to the pole or premises.

(h)

A permittee may not transfer, assign, convey, or sublet a permit to collocate on county-owned utility poles, equipment or structures without the public works director's prior written consent. A transfer, assignment, conveyance, or subletting of a collocation permit without the public works director's prior written consent is not binding on the county. A written request to approve such a change shall be submitted to the public works department. A written response will be provided within 30 days of receipt of the request.

(Ord. No. 2017-015, § 15, 7-11-17)