(A) As built maps and records, the network provider shall maintain accurate maps and other appropriate records of its network node facilities, node support poles and related ground equipment as they are actually constructed in the rights-of-way, including, upon request, the use of Auto CAD/GIS digital format. The network provider shall provide additional maps to the city upon request.
(B) Courtesy and proper performance. The network provider shall make citizen satisfaction a priority in using the public right-of-way. The network provider shall train its employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues pertaining to its micro network node, network node, node support pole and related ground equipment in the public right-of-way. The network provider's employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the City Manager or designee. The network provider is not interacting in a positive and polite manner with citizens, he or she shall request the network provider to take all remedial steps to conform to these standards.
(C) Drug policy. It is the policy of the city to achieve a drug-free workforce and environment. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by the network provider's employees, contractors, subcontractors, sub-network provider's, or vendors while on city right-of-way is prohibited.
(D) Ownership. No part of a micro network node, network node, node support pole and related ground equipment erected or placed on the public right-of-way by the network provider will become, or be considered by the city as being affixed to or a part of the public right-of-way. All portions of the micro network node, network node, node support pole and related ground equipment constructed, modified, erected, or placed by the network provider on the public right-of-way shall be and remain the property of network provider and may be removed by network provider at any time, provided the network provider shall notify the City Manager prior to any work in the public right-of-way.
(E) Tree maintenance. The network provider, its contractors, and agents shall obtain written permission from the City Manager before trimming trees hanging over its micro network node, network node, or node support pole, to prevent branches of such trees from contacting attached micro network node, network node, or node support pole. When directed by the City Manager, the network provider shall trim under the supervision and direction of the member of city staff designated by the City Manager. The city shall not be liable for any damages, injuries, or claims arising from network provider's actions under this section.
(F) Signage. Network provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the network node facility that is visible to the public. Signage required under this section shall not exceed four inches by six inches, unless otherwise required by law (e.g. RF ground notification signs) or by the city. Except as required by law or by the utility pole owner, Network provider shall not post any other signage or advertising on the micro network node, network node, node support pole, service pole or utility pole.
(G) Graffiti abatement. As soon as practical, but not later than 14 calendar days from the date network provider receives notice thereof, network provider shall remove all graffiti on any of its micro network node, network node, node support pole, and related ground equipment located in the public right-of-way at the network provider's sole cost and expense. The foregoing shall not relieve the network provider from complying with any city graffiti or visual blight ordinance, policy, or regulation.
(H) Restoration. The network provider shall repair any damage to the public right-of-way, or any facilities located within the public right-of-way, and the property of any third party resulting from network provider's removal or relocation activities (or any other of network provider's activities hereunder) within ten days following the date of such removal or relocation, at the network provider's sole cost and expense, including restoration of the public right-of-way and such property shall be returned to substantially the same condition as it was immediately before the date network provider was granted a permit for the applicable location or did the work at such location (even if the network provider did not first obtain a permit), including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City Manager.
(I) Network provider's responsibility. The network provider shall be responsible and liable for the acts and omissions of the network provider's employees, temporary employees, officers, directors, consultants, agents, affiliates, subsidiaries, sub-network provider's and subcontractors in connection with the installations of any micro network node, network node, node support pole and related ground equipment in the public right-of-way, as if such acts or omissions were the network provider's acts or omissions.
(Ord. 170822A, passed 8-22-2017)