§ 22-11. Insurance; surety; indemnification.

(a)

A franchisee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain, throughout the entire term of the franchise including any renewals thereof, the following liability insurance coverage insuring the franchisee and naming the city as an additional insured: worker's compensation and employer liability insurance to meet all requirements of Florida State law and general comprehensive liability insurance with respect to the construction, operation and maintenance of the cable system, and the conduct of franchisee's business in the city, in the minimum amounts of:

(1)

$500,000.00 for property damage in any one accident;

(2)

$500,000.00 for personal bodily injury to any one person; and

(3)

$1,000,000.00 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. The city may require coverage and amounts in excess of the above minimum where necessary to reflect changing liability exposure and limits or where required by law.

(c)

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

(d)

All insurance policies shall name the city, as an additional insured and 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 city. A franchisee shall not cancel any required insurance policy without submission of proof that the franchisee has obtained alternative insurance satisfactory to the city which complies with this chapter.

(e)

A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the city, its officials, boards, commissions, commissioners, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the construction, maintenance or operation of its cable system, the conduct of franchisee's business in the city, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this chapter or a franchise agreement, provided, however, that franchisee's obligation hereunder shall not extend to any claims caused by the misconduct or sole gross negligence of the city, its officials, boards, commissions, commissioners, agents, or employees. This provision includes, but is not limited to, the city's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings; and claims arising out of copyright infringements or a failure by the franchisee to secure consents from the owners, authorized distributors, or providers of programs to be delivered by the cable system, claims arising out of Section 638 of the Communications Act, 47 U.S.C. 558, and claims against the franchisee for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trade mark, trade name, service mark or patent, or of any other right of any person, firm or corporation. Notwithstanding the foregoing, franchisee may select counsel to represent the city, subject to the approval of the city, which approval shall not be unreasonably withheld or denied. City agrees to notify franchisee, in writing, within ten days of city receiving notice, of any issue it determines may require indemnification. Nothing in this section shall prohibit the city from participating in the defense of any litigation by its own counsel if in the city's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict.

(Ord. No. 2001-3289, § 11, 1-10-01)