00-026 Santa Clara Valley Water District, Removal of GraffitiSCVWD A(~NT #A2295T
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE SANTA
CLARA VALLEY WATER DISTRICT FOR REMOVAL OF GRAFFITI
FROM CERTAIN PROPERTY O`VNED BY THE SANTA CLARA
VALLEY WATER DISTRICT Dv THE CITY OF CUPERTINO
THIS AGREEMENT is dated for identification this ~~day of G~, ttr 2000, by and
between the CITY OF CUPERTINO, a municipal c~~rporation, whose addre s is 10 00 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."
RF.C:TTAT.~
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 c:ompliance with CITY's Graffiti Ordinance in this
manner.
NOW, THEREFORE, in consideration of th~~ recitals and mutual obligations contained herein,
CITY and DISTRICT agree as follows:
1. Description of Services. CITY agrees to hire ail 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 oncertain 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 I/~ISTRICT 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 ~~r 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 joint use agreements with DISTRICT to allow public use of DISTRICT
owned property within the CITY. The CITY will be responsible for the removal of graffiti in those
areas where the joint use agreement(s) designates su~;h 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 tlce 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 (6%z~%) 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 e~{penses 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 December 31, 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 December 31, 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, agent:; 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 Torre 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.
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:
Mayor
;SANTA CLARA VALLEY WATER DISTRICT:
;~ p~u\blic corporation
U "L ~
lssistant a era 7~anager
APPROVED AS TO FORM:
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~, ss+ General Counsel
Attest: ~'~~ ~~~%' ~%ws'l