Insurance and indemnity.

Miami City Code § 54-310

in effect

Sec. 54-310. - Insurance and indemnity. (a) Insurance. (1) A communications service provider shall provide, pay for, and maintain with companies reasonably satisfactory to the city the types of insurance described in this section. All insurance shall be from responsible companies duly authorized to do business in the state and having a financial rating in Best's Insurance Guide of A-Class VI or better. All required liability policies, excluding workers compensation and employers liability shall list the city as an additional insured on all liability policies, including but not limited to commercial general liability, auto, and umbrella and pollution as may be applicable to such communications service provider's operations in the public rights-of-way and shall include a severability of interest provision. The required coverages must be evidenced by properly executed certificates of insurance. Renewal certificates shall be provided to the director at least three days prior to the expiration of the current coverages. The certificates must be signed by the authorized representative of the insurance company. Thirty days written notice of cancellation by the insurer for any reason other than non-payment of premium must be given to the city for the required policy coverages. (2) The limits and types of coverage of insurance required shall not be less than the following: a. Commercial general liability insurance. Commercial general liability insurance shall be written on CG 00 01 04 13 or an equivalent substitute form affording coverage for bodily injury including death and property damage with limits of $1,000,000.00 per occurrence and $2,000,000.00 policy aggregate. Such policy shall include coverage for premises and operations, products and completed operations, and personal and advertising injury liability. The certificate or policies of insurance should further provide coverage for and against contingent and contractual exposures and XCU hazards, and must list the city as an additional insured on a primary and non contributory basis. Completed operations coverage shall also be maintained for a minimum of one year following the cessation of the placement of communications facilities in the public rights-of-way. b. Commercial automobile liability insurance. Commercial automobile liability insurance shall be maintained insuring all owned autos, and including coverage for, non-owned, leased and hired vehicles. The combined bodily injury and property damage limit shall not be less than $500,000.00 each accident. c. Workers' compensation/employer's liability insurance. Workers' compensation insurance shall cover all employees engaged in work for the communications service provider in accordance with the laws of the state. The employer's liability limit shall be in an amount not less than the statutory limit for workers' compensation in the State of Florida. (3) Notwithstanding the foregoing, a communications service provider may provide such coverage through an actuarially sound and prudent self-insurance program that is reasonably satisfactory to the city. (b) Indemnification. A communications service provider shall indemnify, defend and hold harmless the city and its officers, directors, agents, servants, employees, successors, and assigns of and from any and all claims for personal injury, death or property damage, any other losses, damages, charges or expenses, and any orders, judgments or decrees which may be entered, which arise out of, in connection with, or attributable to, such communications service provider's acts or omissions in connection with its activities in the public rights-of-way and the placement, maintenance, relocation or removal by such communications service provider of any portion of its communications facilities, except for liabilities not caused by the communications service provider, including liabilities arising directly and wholly from the city's negligence, gross negligence, or willful conduct. Such communications service provider shall undertake at its own expense the defense of any action which may be brought against the city for damages, injunctive relief or for any other cause of action or claim arising or alleged to have arisen out of, in connection with the operations of the communication service provider in connection with a permit. The communications service provider shall promptly pay the final judgment together with all costs relating thereto; such communications service provider being allowed, however, an appeal or appeals to the appropriate court or courts from the judgment rendered in any such suit or action upon the filing of such bond as shall be required to prevent levy or judgment against the city during such appeal or appeals. Pursuant to F.S. § 337.401, this indemnification does not extend to liabilities not caused by the communications services provider, including liabilities arising from the city's negligence, gross negligence, or willful conduct. (Ord. No. 14150, § 2, 2-23-23)

Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH54STSI_ARTVIIIUSPURI-WCOSY_S54-310ININFetched: 11/1/2026