§ 6.5-23. Insurance.

(a)

Within thirty (30) days after the effective date of the franchise, and prior to the commencement of any construction pursuant to the franchise, the grantee shall provide proof of liability insurance insuring against claims for liability and damages charged against the county and the commission or the grantee as a result of the franchise granted hereunder. Such insurance shall be with an insurance company authorized to do business in the State of Florida and proof thereof shall be provided to the county annually throughout the term of the franchise. The insurance policy or policies shall name the county and its officers, agents, and employees as additional insureds. The policy or policies shall include, at a minimum, the following types of insurance coverage in amounts not less than shown:

(1)

Comprehensive general liability, three million dollars ($3,000,000.00) combined single limit per occurrence, six million dollars ($6,000,000.00) aggregate covering:

a.

Personal injury and bodily injury.

b.

Broad form property damages without exclusions.

c.

Products/completed operations.

d.

Contractual liability to apply to the liability assumed by the grantee under the franchise agreement.

(2)

Comprehensive automobile liability, three million dollars ($3,000,000.00) combined single limit per occurrence for bodily injury liability and property damage liability, covering owned, leased, hired and non-owned vehicles.

(3)

Broadcasters' errors and omissions, or similar form, one million dollars ($1, 000,000.00) per occurrence, covering infringement of copyrights, unless such coverage is included in the grantee's comprehensive general liability policy.

(4)

Worker's compensation coverage required by the State of Florida, and employer's liability insurance in the amount of one million dollars ($1,000,000.00) each accident, and one million dollars ($l,000,000.00) per employee/one million dollars ($1,000,000.00) policy limit for disease.

(b)

The insurance coverage obtained by the grantee in compliance with this section shall be approved by the county manager and county attorney, and such proof of insurance shall be filed annually and maintained with the county manager, or a designee, during the term of the franchise. The insurance coverage and policy requirements may be changed from time to time at the discretion of the commission upon the recommendation of the county manager to reflect changing liability exposure and limits. The grantee shall immediately advise the county manager of any actual or potential litigation that may develop that would affect this insurance.

(c)

All insurance policies except workers, compensation maintained pursuant to the franchise shall contain the following conditions by endorsement:

(1)

The county shall be designated as an additional insured including all authorities, commissions, divisions, departments and offices of the county and the individual members, employees, agents and contractors thereof in their official capacities and while acting on behalf of the county.

(2)

Each policy shall require that thirty (30) days prior to a cancellation of or material change in policies, written notice thereof shall be given to the county manager by certified mail, return receipt requested.

(3)

Insurers shall have no right of subrogation or recovery against the county, it being the intention that the insurance policies shall protect the grantee and the county and shall be primary coverage for all losses covered by the policies. Waivers of subrogation shall be obtained and filed with the county manager.

(d)

Acceptance of certificates of insurance, or other documentation of insurance, or policies, or copies of policies, by the county, or by any of its representatives, which indicate less coverage than that which is required herein does not constitute a waiver of the grantee's obligation to fulfill the insurance requirements of this section.

(e)

The commission may require increases in the amount or types of coverage no more frequently than once a year as it deems appropriate so as to ensure full protection of the county and the public. The grantee shall have six (6) months from the date of notification from the county manager to comply with any increase.

(Ord. No. 1994-14, § 23, 10-4-94)