§ 12. Insurance; surety; indemnification.

(a)

A facility owner shall at all times maintain the following liability insurance coverage insuring the registrant and naming the town, its officers, boards, commission, commission members, agents and employees as an additional insured: Worker's compensation and employer liability insurance to meet all requirements of Florida law and commercial general liability insurance with respect to the construction, operation and maintenance of the telecommunications facilities, and the conduct of registrant's business in the town, in the minimum amounts of:

(1)

$250,000 for property damage in any one accident;

(2)

$500,000 for personal bodily injury to any one person; and

(3)

$1,000,000 for personal bodily injury in any one accident.

(b)

All insurance policies shall be with sureties qualified to do business in the State of Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition except as provided in (d) below. The town may require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law. A registrant may provide a portion of the insurance; coverage required by subsection 12(a) through excess or umbrella policies of insurance and where such policies are in a form acceptable to the town.

(c)

A registrant shall keep on file with the town certificates of insurance which certificates shall indicate that the town, its officers, boards, commission, commission members, agents and employees are listed as additional insureds. In the event of a potential claim such that the town claims insurance coverage, the facility owner shall immediately respond to all reasonable requests by the town for information with respect to the scope of the insurance coverage.

(d)

The certificates of insurance shall further provide that any cancellation or reduction in coverage shall not be effective unless 30 days' prior written notice thereof has been given to the town. A registrant shall not cancel any required insurance policy without submission of proof that the registrant has obtained alternative insurance satisfactory to the town which complies with this appendix. A registrant that elects to self-insure all or a portion of the insurance coverage and limit requirements required by this section is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under this section. A registrant that elects to self-insure shall provide to the town evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under this section, such as evidence that the registrant is a "private self insurer" under the Workers Compensation Act. For purposes of this section, "self-insure" shall also include a registrant which insures through a "captive insurer" as defined in F.S. § 628.90.1.

(e)

A registrant shall, at its sole cost and expense, release, indemnify, hold harmless, and defend the town, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses, sustained by the town, arising out of the construction, maintenance or operation of its telecommunications system or facilities in the public rights-of-way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this appendix, provided, however, that a facility owner's obligation hereunder shall not extend to any claims caused by the negligence of the town. Town agrees to notify the registrant, in writing, within a reasonable time of the town receiving notice, of any issue it determines may require indemnification. Nothing in this section shall prohibit the town from participating in the defense of any litigation by its own counsel and at its own cost if in the town's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this provision shall be construed or interpreted (1) as denying to either party any remedy or defense available to such party under the laws of the State of Florida, and (2) as a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28.

(Ord. No. 01-3, § 1, 10-19-01)