§ 114.09. General financial, insurance and bonding.
(a)
Indemnification.
(1)
By acceptance of the license granted pursuant to this chapter, licensee agrees to indemnify, defend and hold harmless the city, its officers, boards, commissioners, agents and employees from any and all actions, claims, suits, penalties and judgments for damages at law or equity or of any nature whatsoever arising out of or through or alleged to arise out of or through:
a.
The acts or omissions of the licensee, its servants, employees and agents; and
b.
The conduct of its business as a cable television communications service.
(2)
The licensee shall defend in the name of the city, and pay all expenses incurred by the city in defending itself with regard to all damages and penalties the city may legally be required to pay as a result of the license granted hereunder. Damages and penalties shall include, but not be limited to, damages arising out of the construction, installation, operation or maintenance of its cable communications system, whether or not any such act or omission is authorized, allowed or prohibited by this chapter or the license granted hereunder. Expenses may include all incidental expenses including attorney fees and shall also include a reasonable value of any services rendered by the office of the city attorney and city staff. Notwithstanding the foregoing, nothing in this chapter shall require the licensee to indemnify, defend or hold harmless the city, its employees, elected officials or agents for their own negligence or willful acts.
(3)
Notwithstanding anything to the contrary contained in this subsection (a), or in any license granted pursuant to this chapter, the indemnity set forth in the foregoing paragraphs is conditioned upon the following:
The city shall give licensee prompt notice of any claim or the commencement of any action, suit, or other proceeding covered by the provisions of this subsection (a). Licensee will provide the defense of any claims brought against the city covered by this section by selecting counsel of licensee's choice to defend the claim, subject to the reasonable consent of the city, which will not unreasonably be withheld. Nothing herein shall be deemed to prevent the city from cooperating with the licensee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided however, that licensee shall have the right to defend, settle or compromise any claim or action arising hereunder and licensee shall have the sole authority to decide the appropriateness and the amount of any such settlement.
(b)
Insurance.
(1)
The licensee shall obtain and maintain liability insurance, insuring the city and the licensee against all claims for penalties or damages charged against the city or licensee resulting from the act of granting the license to the designated licensee, the acts or omissions of licensee, its servants, employees, agents, or independent contractors, the installation, construction, operation, maintenance or expansion of its cable communications system herein authorized. Licensee shall maintain such insurance with the city as an additional party throughout the term of the license and any renewal term in the amounts specified in the license governing:
a.
Bodily injury or death.
b.
Property damage resulting from any one accident.
c.
Umbrella liability for all types of liability.
d.
Automobile insurance covering all owned, non-owned and hired vehicles used in connection with licensee's cable communications system and services.
(2)
Copies. Within the 30 days after the effective date of the license the licensee shall furnish the city with certificates of insurance. In no event shall licensee commence construction or undertake any business activity authorized by the license issued hereunder until all insurance policies are in full force and effect.
(3)
Additional insured, enforcement. The insurance policies required herein shall name the city, its officers, boards, commissions, agents, and employees as additional insured. Each policy shall be endorsed as follows: "it is understood and agreed by the surety that this insurance policy may not be canceled by the surety until 30 days after written notice to the City of Port St. Lucie by registered mail or such intention to cancel or not renew."
(4)
All insurance carriers providing coverage under (a) above, shall be duly licensed to operate in the State of Florida, and shall be subject to the reasonable approval of the city.
(c)
Performance bond.
(1)
The licensee shall, at least 30 days prior to the commencement of operation or as otherwise provided in the license agreement, file with the city a performance bond or letter of credit in the amount specified in the license agreement in favor of the city.
(2)
Such bond or letter of credit shall be in the form and with a surety approved by the city.
(d)
Construction bond.
(1)
Within 30 days after the granting of a license and prior to the commencement of any construction work by the licensee, the licensee shall file with the city a construction bond or letter of credit in the amount specified in the license agreement in favor of the city.
(2)
Such bond or letter of credit shall be in a form approved by the city.
(3)
The city, at its sole option, may waive this requirement, or permit consolidation of the construction bond or letter of credit with the performance bond or letter of credit as specified, respectively in section (c) above.
(Ord. No. 00-24, § 9, 4-10-00; Ord. No. 05-76, § 2, 5-9-05)