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(a) Indemnification of City. As a condition of a Personal Wireless Service Site Facility Site Permit, each Permittee agrees on its behalf and on behalf of its agents, successors, or assigns, to indemnify, defend, protect, and hold harmless the City from and against any and all claims of any kind arising against the City as a result of the issuance of a Personal Wireless Service Facility Site Permit including, but not limited to, a claim allegedly arising directly or indirectly from the following:
(1) Any act, omission, or negligence of a Permittee or its any agents, successors, or assigns while engaged in the permitting, construction, installation, or maintenance of any Personal Wireless Service Facility authorized by a Personal Wireless Service Facility Site Permit, or while in or about the Public Rights-of-Way 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 permitting, construction, installation, or maintenance of any Personal Wireless Service Facility authorized under the Permit;
(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 Personal Wireless Service Facility authorized by a Personal Wireless Service Facility Site Permit, or while in or about the Public Rights-of-Way 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 Personal Wireless Service Facility authorized by a Personal Wireless Service Facility Site Permit, or while in or about the Public Rights-of-Way 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 Rights-of-Way.
(b) Defense of the 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 Sections 1525(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 Personal Wireless Service Facility Site 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 Personal Wireless Service Facility Site Permit shall survive expiration of the Permit or completion of installation of any Personal Wireless Service Facility authorized by the Permit.
(c) Additional Requirements. The Department may specify in a Personal Wireless Service Facility Site 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 Personal Wireless Service Facility.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
(a) Minimum Coverages. The Department shall require that each Permittee maintain in full force and effect, throughout the term of a Personal Wireless Service 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 one million dollars ($1,000,000) each accident, injury, or illness.
(2) Commercial general liability insurance with limits not less than one million dollars ($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 one million dollars ($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 one million dollars ($1,000,000) each occurrence combined single limit for bodily injury and property damage and any deductible not to exceed twenty five thousand dollars ($25,000) each occurrence.
(b) Other Insurance Requirements.
(1) Said policy or policies 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) Said policy or policies 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) Said policy or policies shall be endorsed to provide thirty (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 throughout the term of a Personal Wireless Service Facility Site Permit, and, without lapse, for a period of three (3) years beyond the expiration or termination of the Permit, to the effect that, should occurrences during the term of the Permit give rise to claims made after expiration or termination of the Permit, such claims shall be covered by such claims-made policies.
(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 Section 1526(a) above.
(c) Indemnity Obligation. Such insurance shall in no way relieve or decrease a Permittee's or its agent's obligation to indemnify the City under Section 1525 above.
(d) Proof of Insurance. Before the Department will issue a Personal Wireless Service Facility Site 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 Section 1526 (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 Section 1526(a) above, the Department, in consultation with the City's Risk Manager, may accept such insurance as satisfying the requirements of Section 1526(a) above. Evidence of such self-insurance shall be provided in the manner required by the City's Risk Manager.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
(a) Application Fees. City departments shall impose fees for review of an Application for a Personal Wireless Service Facility Site Permit. The purpose of these fees is to enable City departments to recover their costs related to reviewing an Application for a Personal Wireless Service Facility Site Permit.
(1) Department Application Fee. Each Applicant for a Personal Wireless Service Facility Site Permit shall pay to the Department a non-refundable fee of $450 for each application for a Personal Wireless Service Facility Site Permit.
(2) Other City Department Application Fees. Where, as required under this Article 25, the Department has referred an Application for a Personal Wireless Service Facility Site Permit to the Planning Department, the Recreation and Park Department, or the Department of Public Health, an Applicant shall pay the following additional fees for each Personal Wireless Service Facility contained in an Application for a Personal Wireless Service Facility Site Permit.
(A) A Planning Department non-refundable Application fee of $190 plus time and materials for any review that takes more than 30 minutes.
(B) A Recreation and Park Department non-refundable Application fee of $125 plus time and materials for any review that takes more than 30 minutes.
(C) A Department of Public Health non-refundable Application fee of $181 plus time and materials for any review that takes more than 60 minutes.
(c) Modification Permit Fees. Each Applicant for a Modification Permit shall pay to: (1) the Department a non-refundable fee of $338; and (2) the Department of Public Health fees set forth in Section 1527(a)(2) above.
(d) Inspection Fees. The Department and the Department of Public Health shall impose fees for the inspection of a permitted Personal Wireless Service Facility. The purpose of these fees is to enable these City departments to recover their costs related to inspecting a permitted Personal Wireless Service Facility.
(1) Department Inspection Fee. Each Permittee shall pay the Department a non-refundable time and materials inspection fee not to exceed $150 to inspect a permitted Personal Wireless Service Facility as required under Section 1516(b) above.
(2) Department of Public Health Inspection Fee. Each Permittee shall pay the Department of Public Health a non-refundable time and materials inspection fee to inspect a permitted Personal Wireless Service Facility where such inspection is required or requested under Section 1516(b) above.
(e) Adjustment of Fees.
(1) CPI Adjustments. Beginning with fiscal year 2011-2012, 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 15 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 15 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 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. The operation of this subsection (e)(1) shall terminate after the CPI adjustment for fiscal year 2019-2020.
(2) Controller Adjustments. Beginning with fiscal year 2020-2021, the fees established herein, including as adjusted through fiscal year 2019-2020 under Section 1527(e)(1) above, may be adjusted each year on July 1 without further action by the Board of Supervisors, to reflect changes in City department costs to provide the services required herein. Not later than April 1 of each year the Controller will determine whether the current fees have produced or are projected to produce revenues sufficient to enable City departments to recover the costs of the permitting services required by this Article 25, and that the fees will not produce revenue that is significantly more than the costs of providing such services. If necessary, the Controller will adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that City departments recover their costs without producing revenue that is significantly more than such costs. The adjusted fees shall become operative on July 1.
(f) Discretion to Require Additional Fees. In instances where the review of an Application for a Personal Wireless Service Facility Site Permit is or will be unusually costly to the Department or to other City departments, the Director, in the Director’s discretion, may, after consulting with other applicable City departments, agencies, boards, or commissions, require an Applicant for a Personal Wireless Service Facility Site Permit to pay a sum in excess of the amounts charged pursuant to this Section 1527. 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 for a Personal Wireless Service Facility Site Permit and shall be charged on a time and materials basis. Whenever additional fees are charged, the Director, upon request, shall provide 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 Personal Wireless Service 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 an expert in order to evaluate an Application for a Personal Wireless Service Facility. 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.
CODIFICATION NOTE
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Article 25 or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article 25 or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivision paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
(a) Request for Determination.
(1) New Facilities. An Applicant for a Personal Wireless Service Facility may seek a determination from the Department that a proposed Personal Wireless Service Facility is a Base Station.
(2) Permitted Facilities. A Permittee may seek a determination from the Department that a permitted Personal Wireless Service Facility is a Base Station.
(b) Single Determination Permitted. Once the Department has determined that an Applicant's new Personal Wireless Service Facility or a Permittee's permitted Personal Wireless Service Facility is a Base Station, the Department may apply that determination to the Applicant's or Permittee's other Personal Wireless Service Facilities that use the identical equipment.
(c) Department Order. In lieu of a case-by-case determination, the Department may determine by order or regulation those types of Personal Wireless Facilities that meet the definition of the term Base Station.