§ 27-14. Indemnification.

(a)

By reason of the acceptance of a registration under this chapter or the grant of a permit under this chapter, the county does not assume any liability:

(1)

For injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the county; or

(2)

For claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of facilities by registrants or activities of registrants.

(b)

By registering with the county administrator or designee a registrant agrees, or by applying for and accepting a permit under this chapter, a registrant is required, to defend, indemnify, and hold the county whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its communications facilities, whether any act or omission complained of is authorized, allowed, or prohibited by a permit, inspection of plans or work by the county. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the county; and the registrant, in defending any action on behalf of the county, shall be entitled to assert in any action every defense or immunity that the county could assert in its own behalf. Nothing herein shall be construed as a waiver of the protections, limitations and immunities provided in F.S. § 768.28, as amended. The provisions of this section include, but are not limited to, the county's reasonable attorneys' fees incurred in defending against any such claim, suit or proceeding(s).

(c)

The county agrees to notify the registrant, in writing, within a reasonable time of the county receiving notice, of any issue it determines may require indemnification. Nothing in this section shall prohibit the county from participating in the defense of any litigation by its own counsel and at its own cost, if in the county's reasonable belief, there exists or may exist a conflict, potential conflict or appearance of a conflict. The county shall not settle or compromise any matter for which a registrant is obligated to indemnify without the prior written consent of the registrant; such consent shall not be unreasonably withheld.

(d)

This indemnification obligation is not limited in any way by a limitation of the amount or type of damages or compensation payable by or for the registrant under workers' compensation, disability or other employee benefit acts, or the acceptance of insurance certificates required under this chapter, or the terms, applicability or limitations of any insurance held by the registrant.

(e)

The registrant shall investigate, handle, respond to, provide defense for, and defend any such claims at its sole expense and shall bear all other costs and expenses related thereto even if the claim is groundless, false or fraudulent and if called upon by the county, the registrant shall assume and defend not only itself but also the county in connection with any such claims and any such defenses shall be at no cost or expense whatsoever to the county provided that the county, shall retain the right to select counsel of its own choosing.

(f)

The county does not and shall not waive any rights against the registrant which it may have by reason of this indemnification, or because of the acceptance by, or the registrant's deposit with the county of any of the insurance policies required by this chapter for registration.

(g)

This indemnification by the registrant shall apply to all damages and claims for damages of any kind suffered regardless of whether such insurance policies shall have been determined to be applicable to any such damages or claims for damages.

(h)

Nothing contained in this section shall be construed or interpreted as denying to either party any remedy or defense available to such party under the laws of the State of Florida or as a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28, as amended.

(i)

The indemnification requirements under this Section and this chapter shall survive and be in full force and effect after the termination or cancellation of a registration.

(Ord. No. 17-51, § 3, 12-12-17)