San Francisco County Municipal Code Art. VII Miscellaneous Provisions

Sec. 11.54. City Reservation of Rights. Sec. 11.55. Compliance With All Applicable Law. Sec. 11.56. Liquidated Damages. Sec. 11.57. Acts at Grantee's Expense. Sec. 11.58. No Recourse for Grantee's Damages. Sec. 11.59. Insurance. Sec. 11.60. Security. Sec. 11.61. Fraud. Sec. 11.62. Local Office. Sec. 11.63. City May Perform Work. Sec. 11.64. Installation of City-Owned Communications Facilities. Sec. 11.65. Order of Precedence. Sec. 11.66. Indemnification.

Sec. 11.67. Remedies Cumulative. Sec. 11.68. Eminent Domain. Sec. 11.69. No Representations. Sec. 11.70. Reopener. Sec. 11.71. Time Is of the Essence. Sec. 11.72. Severability.

Except where rights are expressly waived by the City in a Franchise, they are reserved, whether expressly enumerated or not. The City shall have the plenary authority to regulate Grantees, UVPPs, or Facilities as may now or hereafter be lawfully permissible pursuant to its police powers and municipal powers authority. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

A Franchise granted pursuant to this Chapter shall require liquidated damages for specified breaches of the Franchise. The Franchise shall also provide that the City may withdraw any liquidated damages owed from the Grantee's security deposit pursuant to Section 11.60 below, if the Grantee has failed to secure such breach after ten (10) City business days notice from the City. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Any act that a Grantee or UVPP is or may be required to perform under this Chapter, a Franchise, or other Applicable Law shall be performed at the Grantee or UVPP's expense, unless expressly provided to the contrary in this Chapter, the Franchise, or other Applicable Law. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

No Person shall have recourse against the City for any loss, cost, expense, or damage arising out of the enforcement of any provision or requirement of this Chapter, a Franchise, or other Applicable Law. Notwithstanding the foregoing, nothing herein precludes a Person from seeking and obtaining any injunctive relief against the City. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

A Franchise granted pursuant to this Chapter shall require a Grantee to obtain insurance or self-insure as required by the City's Risk Manager. Failure to provide or maintain any required insurance shall constitute a Material Breach of a Franchise. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

If a Grantee defrauds or attempts to defraud the City or Subscribers, or intentionally submits false or misleading information to the City, such actions may be deemed a Material Breach of the Franchise. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Grantees providing retail Service to residential Subscribers shall maintain an office in the City to address Subscriber billing and other customer service-related issues. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Upon Grantee's failure, refusal, or neglect to perform any work or other act required by this Chapter, its Franchise, or other Applicable Law within any time prescribed therefor, the City may cause such work or other act to be completed in whole or in part, and upon so doing shall submit to Grantee an itemized statement of the costs thereof. The Grantee shall, within twenty (20) City business days after receipt of such statement, pay to the City the entire amount thereof. In event Grantee fails to make such payment, or any other payment due the City under this Chapter, the monies shall be charged against Grantee's deposit or other security instrument(s) as provided pursuant to Section 11.59 above. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Unless precluded by Applicable Law, at a City department's timely request consistent with the excavation coordination process set forth in Section 2.4.11 of the City's Public Works Code, a Grantee excavating in the Public Rights-of-Way or on other City Property shall install City-owned communications Facilities, including, without limitation, conduit, fiber, and/or hand holds, in the excavation site at a charge to the City of the incremental costs incurred for such installation, including, without limitation, any additional design costs necessary to install the City-owned Communications Facilities. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Except as precluded by Applicable Law, to the extent the provisions of this Chapter, a Franchise, or other Applicable Law are in conflict, the provisions which impose the higher or greater legal duty or obligation upon a Grantee or UVPP shall take precedence, unless a different order of precedence is expressly set forth in a Franchise. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

In addition to an indemnification provision required by the City's Risk Manager, a Franchise granted pursuant to this Chapter shall require a Grantee to indemnify the City for any costs associated with defending the award of a Franchise to Grantee. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

All remedies under this Chapter, a Franchise, or other Applicable Law are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall the exercise of a remedy or the payment of liquidated damages or penalties relieve a Grantee of its obligations to comply with this Chapter, its Franchise, or other Applicable Law. Remedies may be used singly or in combination. In addition, the City may exercise any rights it has at law or in equity. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the City's exercise of the right of eminent domain or to grant a right of eminent domain to any Person. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

No reference herein, or in any Franchise, to a "Public Rights-of-Way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a Grantee shall be deemed to gain only those rights to use as are vested in the City. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Every Franchise granted pursuant to this Chapter shall contain a provision requiring that the City and Grantee shall amend the Franchise to assure that each party receives the benefit of the bargain intended under the Franchise in the event that: (1) any provision of a Franchise is preempted by Applicable Law; or (2) the parties agree in the Franchise that any other matter will trigger such renegotiation rights. The provision shall permit either Party to request negotiations to implement the provision and shall provide for a dispute resolution process to be available to either party forty (40) City business days after a request for negotiations in the event that the parties are unable to mutually agree on how to revise the Franchise to properly redistribute the benefits of the bargain. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Time shall be of the essence for any Franchise. A Grantee or UVPP shall not be relieved of its obligation to comply promptly with any of the provisions of a Franchise or this Chapter by any failure of the City to enforce prompt compliance. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

If any part of this Chapter, or the application thereof to any Person or circumstance, is held invalid, the remainder of this Chapter, including the application of such part or provision to other Persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Chapter are severable. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)