§ 26-99. Insurance requirements; indemnification of city.

(a)

Insurance. Every publisher or distributor who places or maintains a private newsrack on public property or in a right-of-way in the city shall furnish to the city manager or his designee a certificate of insurance, which shall be kept current and renewed as long as such distributor maintains a private newsrack on public property within the city. Such insurance shall be comprehensive general liability insurance on an occurrence basis with limits of liability not less than $1,000,000.00 per occurrence and/or aggregate combined single-limit, personal injury, bodily injury and property damage.

(1)

Coverage extensions. Coverage shall include the following extensions:

a.

Contractual liability;

b.

Products and completed operations;

c.

Independent contractor's coverage;

d.

Broad form general liability extensions or equivalent.

(2)

Additional insured. The following shall be additional insured: the city, including all elected and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. This coverage should be primary to the additional insurers and not contributing with any other insurance or similar protection available to the additional insurers, whether available coverage is primary, contributing or excess.

(3)

Cancellation notice. Comprehensive general liability insurance shall include an endorsement stating the following:

"Sixty days' advance written notice of cancellation or nonrenewal shall be sent to the City of Doral, Public Work Department, 8300 NW 53 Street, City of Doral, Florida 33166."

(b)

Indemnification or hold harmless. Every distributor who places or maintains a private 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, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use and/or maintenance of a private newsrack within the city. This shall not be construed to affect in any way the city's right's, privileges, and immunities as set forth in F.S. § 768.28.

(Ord. No. 2007-12, exh. A(ch. XV, § 17(o)), 8-22-2007)