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Home My WebLink AboutC-2959 - Graffiti RemovalTO: FROM: SUBJECT- Background: r. Mayor and City Council General Services Director C_ Z g5% County Graffiti Abatement Agreement ..... ..... . 0 City Council Agenda Item No. 4 September 13, 1993 Oy T IIE C CITY OF NEV!. ; -1 CEP 1 31%L3 I k 7 � L__ WRQVED . The Orange County Board of Supervisors recently approved major revisions and expansion of the County's Graffiti Abatement Program. One of the new features added to the program is the provision to remove graffiti from private or non- County owned public property adjacent to flood control facilities at no cost to the owner. In incorporated areas, the County needs both the property owner's permission and an agreement with the City allowing it to perform the removal. Discussion: The County Environmental Management Agency (EMA) has forwarded a standard agreement for consideration. The County has requested approval of the agreement as soon as possible so they may commence the program. Recommendation: Approve the Orange County graffiti removal agreement. Very respectfully, David E. Niederhaus DEN /mp Attachment r e -z9s9 V GRAFFITI REMOVAL AGREEMENT "C THIS AGREEMENT, made and entered into this day of 191-'5, BY AND BETWEEN AND The CITY of Newport Beach a municipal corporation, hereinafter designated as "CITY," The COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUNTY." W I T N E S S E T H WHEREAS, CITY wishes to have graffiti removed from public and private property within CITY; WHEREAS, COUNTY is able to remove graffiti from public and private property located within CITY and adjacent to, or visible from, ORANGE COUNTY FLOOD CONTROL DISTRICT ( OCFCD) property or COUNTY property at nominal cost to the COUNTY while removing graffiti from adjacent OCFCD or COUNTY property; and WHEREAS, removal of said graffiti by COUNTY at no charge to CITY or the owners of the property from which graffiti is removed will benefit the COUNTY by enabling it to remove expeditiously graffiti blight visible from OCFCD or COUNTY property; and WHEREAS, COUNTY's Board of Supervisors has authorized the director of its Environmental Management Agency to execute this agreement, Now, therefore, CITY and COUNTY, mutually agree as follows: 1. COUNTY shall A. At its option, remove graffiti from private property, CITY property, and property occupied by other public agencies that -1- is adjacent to, or visible, from ORANGE COUNTY FLOOD CONTROL DISTRICT ( OCFCD) property or COUNTY property and located within CITY; B. Obtain the property owner's written permission prior to the removal of graffiti from private property or property owned by public entities other than OCFCD, COUNTY, or CITY; and C. Perform such graffiti removal work at its sole cost and expense. 2. CITY hereby consents to: A. Removal by COUNTY of graffiti on property owned by CITY; B. Entry on CITY property by persons removing graffiti from public or private property in accordance with this agreement; and C. Graffiti removal by COUNTY in the CITY on private property or public property not owned by CITY, to the extent approved by the property owner. It is mutually understood and agreed: 1. That graffiti is obnoxious. 2. That property from which COUNTY may remove graffiti may include private or non - county owned public property adjacent to, or visible from, OCFCD or COUNTY property or facilities located on OCFCD or COUNTY property such as, but not limited to, bridge piers or abutments, utility manholes, towers, poles. 3. That the cost to the COUNTY to perform graffiti removal work on private or non - county public property in CITY is only nominally more than the cost to COUNTY to remove graffiti from the adjacent OCFCD or COUNTY property. 4. That this agreement does not obligate the COUNTY to remove -2- graffiti from private or non - county public property. 5. That the CITY will not be included in communication between the COUNTY and property owner regarding graffiti removal unless COUNTY or property owner request CITY participation. 6. That graffiti removal includes physical removal of graffiti or painting over graffiti to make it illegible; that such effort may result in some discoloration of the surface on which graffiti was affixed or inscribed; and that the paint used to paint over graffiti may not match the existing colors. 7. That the crews assigned to remove the graffiti may include COUNTY employees and volunteers as well as COUNTY jail inmates, Community Work Program enrollees, persons on probation or wards of the juvenile court, acting under the supervision of COUNTY staff authorized to supervise inmates and Community Work Program participants or the COUNTY Probation Department. 8. That the area painted or repainted to remove graffiti may not be larger than the area covered with graffiti and may not include the entire surface of the property. 9. That while graffiti removal work on private or non - county property will usually be accomplished from OCFCD or COUNTY property, there may be occasions when personnel performing graffiti removal work will enter upon private, CITY or other non - county public property in order to accomplish said work. 10. CITY shall indemnify and hold COUNTY, its officers, agents, employees, invitees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of CITY, its officers, agents, employees, subcontractors -3- and independent contractors, for property damage, bodily injury or death or any other element of damage of any kind or nature, relating to or connected with the performance of this agreement and CITY shall defend at its expense, including attorney fees, COUNTY, its officers, agents, employees, invitees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 11. COUNTY shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of COUNTY, its officers, agents, employees, subcontractors, invitees and independent contractors, for property damage, bodily injury or death or any other element of damage of any kind or nature, relating to or connected with the performance of this agreement, and COUNTY shall defend, at its expense, including attorney fees, CITY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 12. The term of this agreement shall be for five (5) years commencing upon final execution by COUNTY unless earlier terminated by either party. 13. COUNTY and CITY may terminate this agreement, without cause, upon thirty (30) days written notice to the other party. -4- IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Director of the Environmental Management Agency and attested by Its Clerk, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. A Municipal Corpor on - Mayor Dated: By City of Newport Beach Attest: APPROVED AS TO FORM O -AL�& (k-- - By Clerk of the Counci / City Attorney TPC:mk /3221 3072915001952 COUNTY OF ORANGE, A political Subdivision of the State of California By Michael M. Ruane Director, EMA APPROVED AS TO FORM: TERRY C. ANDRUS, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By: Deputy -5-