§ 41-15. Insurance requirements.

(a)

Franchisees are authorized under this section to aid the City in fulfilling its responsibility for providing an adequate, safe and sanitary system of collecting, transporting and disposing of refuse from buildings and establishments which are not covered by the City franchisees' solid waste and recyclables collection services franchise agreements.

(b)

All solid waste or recyclable collectors, excluding construction and demolition collectors/haulers, who are issued a franchise shall secure and maintain a public liability insurance policy in the amount of not less than $1,000,000.00 for one person injured, and $2,000,000.00 for more than one person injured, and property damage liability insurance of not less than $1,000,000.00 as well as an overall umbrella policy with a minimum of $5,000,000.00. Construction and demolition collectors/haulers that are issued a franchise shall secure and maintain a public liability insurance policy in the amount of not less than $1,000,000.00 for one person injured, and $2,000,000.00 for more than one person injured, and property damage liability insurance of not less than $1,000,000.00. All solid waste or recyclable collectors who are issued a franchise shall secure and maintain an automobile policy in the amount of not less than $1,000,000.00 and a worker's compensation policy of not less than $500,000.00. Evidence of such insurance shall be deposited with the City Manager, or designee, prior to issuance of the franchise. The franchisee shall maintain an insurance policy in place issued by a licensed insurance company permitted to do business in the State of Florida for a public liability and property damage in the amounts specified. The City shall be named as an additional insured, and the policy shall provide that the City shall be provided at least 30 days' written notice prior to cancellation or modification. Throughout the duration of the franchise, the franchisee shall supply the City with a renewal or replacement certificate of insurance not less than 30 days before expiration or replacement of the insurance for which a previous certificate has been provided. Failure to maintain insurance shall be a per se breach of the franchise.

(c)

All solid waste or recyclable collection franchisees, excluding Construction and Demolition franchisees, who are issued a franchise, shall be required to secure a performance bond in the amount of $1,000,000.00 in favor of the City. All Construction and Demolition franchisees, who are issued a franchise, shall be required to secure a performance bond in the amount $25,000.00 in favor of the City.

(Ord. No. 08-05, § 15, 2-19-08; Ord. No. 08-27, § 3, 12-2-08; Ord. No. 09-14, § 2, 6-2-09)