§ 1605.

IMPLEMENTATION; CITY CONTRACTS AND LEASES

a.

The City Administrator is authorized to promulgate regulations, guidelines and forms and to take any and all other actions reasonable and necessary to implement and enforce this Chapter.

b.

Any person may seek a waiver from the requirements of Section 1604 of this Chapter by filing a request on a form specified by the City Administrator. The City Administrator, consistent with this Chapter, may waive any specific requirement of this Chapter for a period of up to one year if the person seeking the waiver has demonstrated that strict application of the specific requirement would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The City Administrator’s decision to grant or deny a waiver shall be in writing and shall be final.

c.

All City contracts and leases, including without limitation, contracts with City Facility Food Providers, shall contain the following minimum language: “Contractor agrees to comply fully with and be bound by all of the provisions of the Food Service Waste Reduction Ordinance, as set forth in San Francisco Environment Code Chapter 16, including the remedies provided, and implementing guidelines and rules. The provisions of Chapter 16 are incorporated herein by reference and made a part of this agreement as though fully set forth. This provision is a material term of this agreement. By entering into this agreement, contractor agrees that if it breaches this provision, City will suffer actual damages that will be impractical or extremely difficult to determine; further, Contractor agrees that the sum of one hundred dollars ($100.00) liquidated damages for the first breach, two hundred dollars ($200.00) liquidated damages for the second breach in the same year, and five hundred dollars ($500.00) liquidated damages for-subsequent breaches in the same year is a reasonable estimate of the damage that City will incur based on the violation, established in light of the circumstances existing at the time this agreement was made. Such amounts shall not be considered a penalty, but rather agreed monetary damages sustained by City because of contractor’s failure to comply with this provision.”

History

(Ord. 295-06, File No. 060944, App. 11/29/ 2006)

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