§ 102.45. INSURANCE AND INDEMNIFICATION.

(A)

Insurance. Every controlling entity other than a governmental entity or agency who places or maintains a newsrack or modular newsrack on a Public Right-of-Way or public property shall provide to the Code Enforcement Administrator a current certificate of insurance, naming the City as an additional insured on October 1 of each year. Such insurance shall be comprehensive general liability or commercial general liability coverage on a form no more restrictive than the latest edition of the comprehensive general liability policy or commercial general liability filed by the insurance services office. Minimum limits of total coverage shall be three hundred thousand dollars ($300,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Reasonable evidence of equivalent self-insurance coverage may be substituted by the applicant for the above certificate of insurance, subject to the approval of the City's Risk Manager. Insurance under this Section shall run continuously with the presence of the applicant's newsrack(s) or modular newsrack(s) in the City's right-of-way, and any termination or lapse of such insurance shall be a violation of this Section, subject to the appropriate remedy by the Code Enforcement Division under Chapter 37 of the City's Code of Ordinances and the enforcement provisions of this Chapter.

(B)

Indemnification. Every controlling entity other than a governmental entity or agency who places or maintains a newsrack or modular newsrack on a Public Right-of-Way, public sidewalk, street or swale in the City shall execute and deliver a written agreement under which it agrees to indemnify, hold harmless and defend the City, its officers, agents and employees from any loss, liability or damage sustained by any person as a result of the installation, use and/or maintenance of a modular newsrack or newsrack within the City. This shall not be construed to affect in any way the City's rights, privileges and immunities as set forth in F.S. Section 768.28.

(Ord. No. 27-96, passed 8/6/96; Am. Ord. No. 45-98, passed 10/20/98)