99-128 Santa Clara Valley Water District removal of graffiti •l`: City Hall
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(109410300 Torre Avenue
' Cupertino,CA 95014-3255
itt��,�: (408)777-3354
- FAX(408)777-3333
City of
Cupertino •
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM AGENDA DATE November 1, 1999
SUBJECT AND ISSUE
Agreement with Santa Clara Valley Water District for removal of graffiti in the City of Cupertino.
BACKGROUND
Submitted is an agreement between the Santa Clara Valley Water District and the City for removal of
graffiti from Water District facilities.
This agreement would allow the City to remove graffiti on Water District facilities utilizing a
contractor. This should improve response time by having the City's contractor perform the work as
soon as it is visible. This agreement is for five years, renewable each year. The City will charge 6V2%
administrative fees.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 99427, authorizing execution of an
agreement with the Santa Clara Valley Water District for removal of graffiti.
Submitt•• by: Appr+• ed or s bmission:
Or
ir add /kJ _ A
B-rtJ. o r h Bra . D Brown
b irector of P blic Works City Manager
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Pon fed on Recycled Paper
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AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE SANTA
CLARA VALLEY WATER DISTRICT FOR REMOVAL OF GRAFFITI
FROM CERTAIN PROPERTY OWNED BY THE SANTA CLARA
VALLEY WATER DISTRICT IN THE CITY OF CUPERTINO
THIS AGREEMENT is dated for identification this _ day of , 1999, by and
between the CITY OF CUPERTINO, a municipal corporation, whose address is 10300 Torre Avenue,
Cupertino, California, 95014, hereinafter referred to as "CITY," and the SANTA CLARA VALLEY
WATER DISTRICT, whose address is 5750 Almaden Expressway, San Jose, California, 95118,
hereinafter referred to as "DISTRICT."
RECITALS
A. CITY and DISTRICT desire to remove graffiti from DISTRICT property located in
Cupertino, California, in order to achieve compliance with the CITY's Graffiti Ordinance (Cupertino
Municipal Code Chapter 10.60); and
B. DISTRICT has requested that CITY facilitate DISTRICT's compliance with the Graffiti
Ordinance by hiring a contractor at DISTRICT's request to remove the graffiti and billing DISTRICT
for the cost of this service; and
C. CITY wishes to assist DISTRICT's compliance with CITY's Graffiti Ordinance in this
manner.
NOW, THEREFORE, in consideration of the recitals and mutual obligations contained herein,
CITY and DISTRICT agree as follows:
1. Description of Services. CITY agrees to hire an independent painting contractor who shall make
reasonable efforts to clean or otherwise remove or paint over the graffiti located on the fences,
walls, channels and other structures located on certain real property which belongs to DISTRICT
and is located in the City of Cupertino.
2. Independent Contractor. DISTRICT understands and agrees that any contractor hired by CITY to
perform the work authorized by this Agreement is an independent contractor and that such
contractor shall not be deemed an agent or employee of CITY for any purpose. CITY shall use
reasonable care in'selecting the contractor, and DISTRICT shall have final approval of contractor.
3. Access to DISTRICT's Property. DISTRICT grants to CITY and/or contractor the right to enter
and remain upon DISTRICT property to perform and/or inspect the work authorized by this
Agreement, and DISTRICT shall provide keys or other means of access to secured properties for
use by CITY and contractor in the performance of this Agreement.
4. Mutual Cooperation. DISTRICT shall cooperate with the efforts of CITY and CITY's contractor
to remove the graffiti.
CITY has entered into a joint use agreement with DISTRICT to access these areas. The CITY will
be responsible for the removal of graffiti in those areas where the joint use agreement(s) designates
such responsibility.
CITY will promote community participation in DISTRICT's Adopt-a-Creek program for graffiti
removal.
5. Compensation. DISTRICT agrees to reimburse CITY for all costs and expenses incurred in
contracting and/or performing the work authorized by this Agreement. Contractor's bills for
services shall not exceed Seven Hundred Fifty Dollars ($750.00) per single incident and shall not
exceed Five Thousand Dollars ($5,000.00) for the term of this agreement without the prior written
consent of CITY and DISTRICT.
6. Administrative Overhead. CITY shall charge, and DISTRICT shall pay to CITY, an administrative
overhead fee of six and one-half percent (61/2%) of the contractor's bill as CITY's charge for
contract administration.
7. Payment Schedule. DISTRICT shall make periodic payments within thirty (30) days of receiving
billing statement from CITY for the costs and expenses incurred in having the work authorized by
the Agreement performed to the satisfaction of CITY, and for CITY's administrative fee.
8. Term of Agreement. CITY and its contractor will commence this work following execution of this
Agreement by both parties. The term of this Agreement shall be through June 30, 2000, unless
terminated earlier. The term of this Agreement may be extended by mutual agreement of the
parties in writing. The City Manager is hereby authorized to grant this extension on behalf of
CITY for a period of up to five (5) years, a total of five (5) extensions starting June 30, 2000.
9. Termination. CITY or DISTRICT may terminate this Agreement at any time upon providing ten
(10) days written notice to the other party.
10. Hold Harmless. DISTRICT hereby agrees to and shall indemnify, defend and hold CITY, its
officers, agents and employees harmless from and against any liability for damages or claims or
suits for personal injury, including death and/or property damage, which may arise from the
negligent acts or omissions of DISTRICT, its officers, agents or employees, or of contractor, its
officers, agents, employees or subcontractors, related to or arising out of this Agreement.
CITY hereby agrees to and shall indemnify, defend and hold DISTRICT, its officers, agents or
employees harmless from and against any liability for damages or claims or suits for personal injury,
including death and/or property damage, which may arise from the willful misconduct or negligent acts
or omissions of CITY or CITY's officers, agents or employees related to or arising out of the
performance of this Agreement.
11. Insurance. Prior to the commencement of work pursuant to this Agreement, CITY's contractor
shall provide CITY and DISTRICT with proof of comprehensive general liability insurance and
owned, non-owned and hired automobile insurance coverage, in an amount satisfactory to CITY's
City Attorney and Risk Manager. Such insurance shall name CITY and DISTRICT as additional
insureds under such policy of insurance. Contractor shall comply with Workers' Compensation
insurance laws. Such proof of insurance shall be in the form of a certificate of insurance or other
documentation which is acceptable to CITY's Risk Manager. CITY understands that DISTRICT is
self-insured for liability.
12.Notices. Any notice required to be given to DISTRICT shall be deemed to be duly and properly
given if mailed to DISTRICT,postage prepaid, addressed to:
Santa Clara Valley Water District
Attention: Jose Ortiz
5750 Almaden Expressway
San Jose, CA 95115-5686
or personally delivered to DISTRICT at such address or at such other addresses as DISTRICT may
designate in writing to the CITY. Any notice required to be given to CITY shall be deemed to be duly
and properly given if mailed to CITY,postage prepaid, addressed to:
City of Cupertino
Attention: Public Works Department
10300 Tone Avenue
Cupertino, CA 95014
or personally delivered to CITY at such address or at such other addresses as CITY may designate in
writing to DISTRICT.
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13. Amendment. This Agreement may be amended I writing at any time prior to its expiration by
mutual agreement of CITY and DISTRICT in writing.
IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day and year
first hereinabove set forth.
CITY OF CUPERTINO: SANTA CLARA VALLEY WATER DISTRICT:
a public corporation
By:
Mayor Chair/Board of Directors
Attest: Attest:
City Clerk Clerk/Board of Directors
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney General Counsel
RESOLUTION NO. 99-327
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
SANTA CLARA VALLEY WATER DISTRICT AND THE CITY OF CUPERTINO
FOR REMOVAL OF GRAFFITI FROM CERTAIN PROPERTY OWNED BY THE
SANTA CLARA VALLEY WATER DISTRICT IN THE CITY OF CUPERTINO
WHEREAS, there has been presented to the City Council an "Agreement for Removal of
Graffiti From Certain Property Owned by the Santa Clara Valley Water District" between the Santa
Clara Valley Water District and the City of Cupertino; and
WHEREAS, the Agreement provides for the removal of graffiti from Santa Clara Valley Water
District property located in Cupertino, California, in order to achieve compliance with the City's
Graffiti Ordinance; and
WHEREAS, the provisions of the Agreement have been reviewed and approved by the Director
of Public Works and the City Attorney.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby approves the "Agreement for Removal of Graffiti From Certain Property Owned by the Santa
Clara Valley Water District" and authorizes the Mayor and the City Clerk to execute said agreement on
behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 1st day of November, 1999, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
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