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(a) Notice of Deficiency. If the Department determines, either after an inspection required under Section 2720(b) or at any other time, that a Surface-Mounted Facility is not in compliance with the Surface-Mounted Facility Site Permit, this Article 27, or other Applicable Law, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Surface-Mounted Facility into compliance.
(b) Department Remedies.
(1) If a Permittee fails to take corrective action with respect to a Surface-Mounted Facility within a reasonable time after receiving a notice of deficiency the Department shall:
(A) Take all reasonable, necessary, and appropriate action to remedy a Permittee's non-compliance;
(B) Charge to a Permittee the reasonable costs that the Department has actually incurred including, but not limited to, administrative costs. Upon the receipt of a demand for payment from the Department, the Permittee shall immediately reimburse the Department for any such costs incurred by the Department or the costs may be deducted from the Permittee's deposit under Section 2725; and
(C) Cease its review of any pending Application submitted by the Permittee and deny the Application.
(2) In the event the required corrective action includes Graffiti removal, the Department may issue a fine of up $1,000 per day that the Permittee fails to take the corrective action. Upon the receipt of such a fine from the Department, the Permittee shall pay the fine immediately or the fine may be deducted from the Permittee's deposit under Section 2725.
(3) In addition to the foregoing, if the Department determines that a Permittee has repeatedly failed to take corrective action with respect to a Surface-Mounted Facility after receiving a notice of deficiency, the Department may require the Permittee to remove the non-compliant Surface-Mounted Facility from the Public Right-of-Ways.
(a) Notice of Abandonment. A Permittee shall notify the Department, or the Department may determine and notify a Permittee, that a permitted Surface-Mounted Facility has been abandoned. In such event, a Permittee shall promptly remove the abandoned Surface-Mounted Facility as required by the Department and at Permittee's expense.
(b) Certification of Continued Use. Should the Department have reason to believe a permitted Surface-Mounted Facility has been abandoned, the Department may request that a Permittee certify that the permitted Surface-Mounted Facility is still in use. If the Permittee fails to respond to the Department's request within 60 days, the Department may determine that the permitted Surface-Mounted Facility has been abandoned.
(c) Remedy for Non-Compliance. If a Permittee fails to remove an abandoned Surface-Mounted Facility within a reasonable period of time after notifying the Department or receiving a notice of abandonment, the Department shall take all reasonable, necessary, and appropriate action to remedy the Permittee's failure to comply with the notice (including removing the Surface-Mounted Facility) and may charge to the Permittee the reasonable costs the City has actually incurred including, but not limited to, administrative costs.
Each Permittee shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Department securing the faithful performance of the obligations of the Permittee and its agents under any and all Surface-Mounted Facility Site Permits issued to the Permittee under this Article 27. The deposit shall be in the sum of $25,000 in favor of the "Department of Public Works, City and County of San Francisco." If, in accordance with this Article 27, the Director deducts any amounts from such a deposit, the Permittee must restore the full amount of the deposit prior to the Department's issuance of a subsequent Permit. The Department shall return the remainder of the deposit to the Permittee should Permittee cease to operate any Surface-Mounted Facilities in the Public Right-of-Ways.
As a condition of a Surface-Mounted Facility Site Permit, each Permittee agrees on behalf of itself and any agents, successors, or assigns to be wholly responsible for the construction, installation, and maintenance of any permitted Surface-Mounted Facility and the installation of any required street trees. Each Permittee and its agents are jointly and severally liable for all consequences of such construction, installation, and maintenance of a permitted Surface-Mounted Facility and the installation of any required street trees. The issuance of any Permit, inspection, repair suggestion, approval, or acquiescence of any Person affiliated with the City shall not excuse any Permittee or its agents from such responsibility or liability.
(a) Indemnification of City. As a condition of a Surface-Mounted Facility Site Permit, each Permittee agrees on behalf of itself and its agents, successors, or assigns, to indemnify, defend, protect, and hold harmless the City from and against any and all claims of any kind allegedly arising directly or indirectly from the following:
(1) Any act, omission, or negligence of a Permittee or its agents, successors, or assigns while engaged in the construction, installation, or maintenance of any Surface-Mounted Facility authorized by a Permit, or while in or about the Public Right-of-Ways that are subject to the Permit, for any reason connected in any way whatsoever with the performance of the work authorized by the Permit, or allegedly resulting directly or indirectly from the construction, installation, or maintenance of any Surface-Mounted Facility authorized under the Permit or any required street trees;
(2) Any accident, damage, death, or injury to any of a Permittee’s contractors or subcontractors, or any officers, agents, or employees of either of them, while engaged in the performance of the construction, installation, or maintenance of any Surface-Mounted Facility authorized by a Permit or any required street trees, or while in or about the Public Right-of- Ways that are subject to the Permit, for any reason connected with the performance of the work authorized by the Permit, including from exposure to radio frequency emissions;
(3) Any accident, damage, death, or injury to any Person or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the construction, installation, or maintenance of any Surface-Mounted Facility authorized by a Permit or any required street trees, or while in or about the Public Right-of-Ways that are subject to the Permit, from any causes or claims arising at any time, including any causes or claims arising from exposure to radio frequency emissions; and
(4) Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by a Permittee or its agents about, in, on, or under the Public Right-of-Ways.
(b) Defense of City. Each Permittee agrees that, upon the request of the City, the Permittee, at no cost or expense to the City, shall indemnify, defend, and hold harmless the City against any claims as set forth in subsection (a) above, regardless of the alleged negligence of City or any other party, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to the Permittee or its agent by the City and continues at all times thereafter. Each Permittee further agrees that the City shall have a cause of action for indemnity against the Permittee for any costs the City may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a Permit, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee further agrees that the indemnification obligations assumed under a Permit shall survive expiration of the Permit or completion of installation of any Surface-Mounted Facility authorized by the Permit.
(c) Additional Requirements. The Department may specify in a Permit such additional indemnification requirements as are necessary to protect the City from risks of liability associated with the Permittee’s construction, installation, and maintenance of a Surface-Mounted Facility or any required street trees.
(a) Minimum Insurance Coverages. The Department shall require that each Permittee maintain in full force and effect, throughout the term of a Surface-Mounted Facility Site Permit, an insurance policy or policies issued by an insurance company or companies satisfactory to the City's Risk Manager. Such policy or policies shall, at a minimum, afford insurance covering all of the Permittee's operations, vehicles, and employees, as follows:
(1) Workers' compensation, in statutory amounts, with employers' liability limits not less than $1,000,000 each accident, injury, or illness.
(2) Commercial general liability insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including contractual liability, personal injury, products and completed operations.
(3) Commercial automobile liability insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including owned, non-owned and hired auto coverage, as applicable.
(4) Contractors' pollution liability insurance, on an occurrence form, with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage and any deductible not to exceed $25,000 each occurrence.
(b) Other Insurance Requirements.
(1) The policy or policies required by subsection (a) shall include the City and its officers and employees jointly and severally as additional insureds, shall apply as primary insurance, shall stipulate that no other insurance effected by the City will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests.
(2) The policy or policies required by subsection (a) shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period.
(3) The policy or policies required by subsection (a) shall be endorsed to provide 30 days advance written notice of cancellation or any material change to the Department.
(4) Should any of the required insurance be provided under a claims-made form, a Permittee shall maintain such coverage continuously.
(5) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified in subsection (a) above.
(c) Indemnity Obligation. Such insurance shall in no way relieve or decrease a Permittee's or its agents' obligation to indemnify the City under Section 2727.
(d) Proof of Insurance. Before the Department issues a Permit, a Permittee shall furnish to the Department certificates of insurance and additional insured policy endorsements with insurers that are authorized to do business in the State of California and that are satisfactory to the City evidencing all coverages set forth in subsection (a) above.
(e) Self-Insurance. Where a Permittee is self-insured, and such insurance is no less broad and affords no less protection to the City than the requirements specified in subsection (a) above, the Department, in consultation with the City's Risk Manager, may accept such insurance as satisfying the requirements of subsection (a) above. Evidence of such self-insurance shall be provided in the manner required by the City's Risk Manager.
(a) In General. City departments shall impose fees for their review of an Application for a Surface-Mounted Facility Site Permit, which for purposes of this Section includes their review of an Applicant's Preferred Location List. The purpose of these fees is to enable City departments to recover their costs related to reviewing an Application or Preferred Location List.
(b) Fees for Review of Preferred Location Lists.
(1) The Department shall require a non-refundable fee of $150 for the Department's review of the Preferred Location List.
(2) The Planning Department shall require a non-refundable fee of $286 for the Planning Department's review of each location on the Preferred Location List.
(3) The Recreation and Park Department shall require a non-refundable fee of $396 for the Recreation and Park Department's review of a Preferred Location List.
(4) In the event a hearing is required following an Applicant's submission of a Preferred Location List to the Department, the Applicant shall pay Department a non-refundable hearing fee of $150 for each hearing.
(c) Application Fee. Each Applicant shall pay to the Department a non-refundable Application fee of $150.
(d) Inspection Fee. Each Permittee shall pay the Department a non-refundable time and materials inspection fee not to exceed $500 to inspect a permitted Surface-Mounted Service Facility as required under Section 2720(b).
(e) Adjustment of Fees for CPI. Beginning with fiscal year 2015-2016, the fees established herein may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index ("CPI") (as determined by the Controller). No later than April 15th of each year, the Director shall submit the current fee schedule to the Controller, who shall apply the CPI adjustment to produce a new fee schedule for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee and certifying that the fees produce sufficient revenue to support the costs of providing the services for which the for a Surface-Mounted Facility Site Permit fee is charged and that the fees do not produce revenue that exceeds the costs of providing the services for which each Permit fee is charged.
(f) Discretion to Require Additional Fees. In instances where the review of a Preferred Location List or Application is or will be unusually costly to the Department or to other City departments, the Director, in his or her discretion, may, after consulting with other applicable City departments, agencies, boards, or commissions, require an Applicant to pay a sum in excess off he amounts charged pursuant to this Section. This additional sum shall be sufficient to recover actual costs incurred by the Department and/or other City departments, agencies, boards, or commissions, in connection with an Application and shall be charged on a time and materials basis. Whenever additional fees are charged, the Director, upon request, shall provide to the Applicant in writing the basis for the additional fees and an estimate of the additional fees.
(g) Deposit of Fees. All fees paid to the Department for Surface-Mounted Facility Site Permits shall be deposited in the Public Works Excavation Fund established by Administrative Code Section 10.100-230. All other fees shall go directly to the appropriate City department.
(h) Reimbursement of City Costs. A City department may determine that it requires the services of a technical expert in order to evaluate an Application, which for purposes of this Section includes the City department's review of an Applicant's Preferred Location List. In such case, the Department shall not approve the Application unless the Applicant agrees to reimburse the applicable City department for the reasonable costs incurred by that department for the services of a technical expert.
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