§ 8A-137. Liability and indemnification.  

Latest version.
  • (a)

    The Licensee shall pay all reasonable damages and penalties which the County or other governmental entity may legally be required to pay as a result of the License granted hereunder. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements and all other damages arising out of the installation, operation, or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this article.


    The Licensee shall pay all reasonable expenses incurred by the County or other governmental entity in defending itself with regard to all damages and penalties mentioned in (a) above. The expenses shall include all incidental expenses, including attorney fees, and shall also include the reasonable value of any services rendered by the County Attorney or his assistants or by any employee of the County.


    The Licensee shall maintain and pay for liability insurance insuring the County and the Licensee with regard to all damages charged against the County and the Licensee resulting from the installation, development, maintenance or expansion of the CATV system authorized by this article in the following minimum amounts:


    One hundred thousand dollars ($100,000.00) for bodily injury or death to any one (1) person with an aggregate limit for any one (1) occurrence of five hundred thousand dollars ($500,000.00) for bodily injury or death.


    One hundred thousand dollars ($100,000.00) property damage resulting from any one (1) accident.


    Automobile liability insurance covering all owned, nonowned and hired vehicles used in connection with the Licensee's work in amounts as indicated in (1) and (2) above.


    Contractual liability insurance covering all liability arising out of the terms of the License agreement.


    Worker's compensation insurance as required by Chapter 440, Florida Statutes.


    The Licensee shall maintain throughout the term of its License a faithful performance bond with a surety approved by the County, in the penal sum of one hundred thousand dollars ($100,000.00) upon the condition that the Licensee shall truly observe, fulfill and perform each term and condition of this article and its License and that in case of any breach of condition of the bond, the amount thereof shall be recoverable from the principal and surety thereof by the County for all damages resulting from the failure of the Licensee to well and faithfully observe and perform any provision of this article or the License issued hereunder.


    All insurance policies required above shall be issued in companies authorized to do business under the laws of the State of Florida and have been approved by the Risk Management Division of Miami-Dade County. The Licensee shall furnish certificates of insurance to the County prior to commencing any operations under the License agreement, which certificates shall clearly indicate that the Licensee has obtained insurance in the type, amount and classifications in strict compliance with this section. No material change or cancellation shall be permitted without thirty (30) days prior notice to the County.

(Ord. No. 74-88, §§ 2, 21, 10-15-74; Ord. No. 77-91, § 9, 12-20-77)