HomeMy WebLinkAbout1999-01-25 City CouncilCity of Pal0 Alto
City Manager’s Report
HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:JANUARY 25, 1999 CMR:106:99
SUBJECT:APPROVAL OF TWENTY-YEAR RENTAL AGREEMENT WITH
JCDECAUX FOR INSTALLATION AND MAINTENANCE OF
AUTOMATIC PUBLIC TOILETS AND APPROVAL OF A BUDGET
AMENDMENT ORDINANCE IN THE AMOUNT OF $106,000 FOR
FIRST (PARTIAL) YEAR
REPORT IN BRIEF
This report requests that Council approve a twenty-year Rental Agreement with JCDecaux
San Fr;:,~cisco (JCDecaux), and approve a Budget Amendment Ordinance to fund the initial
costs associated with placing into service two Automatic Public Toilets (APTs) in the
University Avenue Downtown Business District.
The report summarizes major financial and operational elements of the Rental Agreement
with JCDecaux, which, include: term, installation, equipment and rent, entry fees, operations
and maintenance, and display boards. The report also discusses an alternative to staff’s
recommendation, by analyzing built-in restrooms within the proposed downtown parking
structures, and provides cost comparisons.
CMR: 106:99 Page 1 of 8
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the Mayor to execute the attached twenty-year Rental
Agreement with JCDecaux San Francisco (JCDecaux) for the initial installation and
maintenance of two Automatic Public Toilets (APT).
Authorize the City Manager or her designee to negotiate and execute one or more
change orders to the Rental Agreement with JCDecaux for related, additional
unforeseen work which may develop during the installation of the APTs project, the
total value of which shall not exceed $2,500.
Authorize the City Manager or her designee to allocate funds in the amount of
$58,000 for one-time ~costs of designing and installing utilities, preparation of APT
foundation work, and design of two information display boards by a graphic artist.
Authorize the City Manager or her designee to make minor amendments to the Rental
Agreement with JCDecaux due to minor operational changes of the facility over the
twenty-year lease life.
Approve a Budget Amendment Ordinance in the total amount of$106,000:$45,500
for the initial APT lease of two units, $51,000 for utility installation and foundation
preparation work, $7,000 for design of the information display boards, and $2,500
for. contingency.
BACKGROUND
In July 1997, staff presented various alternatives for providing restrooms in the downtown
area (CMR:311:97). While researching the different public toilet alternatives, staff was
contacted by the City of San Jose regarding Palo Alto’s interest in a joint program for
leasing APTs. The City of San Jose had evaluated a number of proposals received from
two earlier Request For Proposals (RFPs). As discussed in the staff report dated May 4,
1998 (CMR:214:98), San Jose evaluated three written proposals, which resulted in an oral
interview with San Jose,s evaluation panel. The committee evaluated cost summaries,
maintenance criteria including frequency and quality of maintenance, and work experience
in theUnited States. The City of San Jose’s interview process resulted in the selection of
JCDecaux for its extensive experience internationally and locally (San Francisco).
Additional considerations included the APT’s favorable appearance, appropriate design,
use of quality materials, and the close proximity of JCDecaux’s operation and maintenance
office to San Jose. The other vendors did not have adequate experience in either
construction or maintenance of APT units Within the United States. The City of San Jose
substantially followed the Palo Alto RFP process in selecting JCDecaux. Based on that
report, Council authorized staff to negotiate with JCDecaux for the installation of two
APTs to be located in the downtown area. Staff has completed the negotiations of the
Rental Agreement. It is recommended that staff proceed with the attached Rental
CMR:106:99 Page 2 of 8
Agreement, as provided for in section 2.30.100 of the Municipal Code and as authorized
by Council on May 4, 1998 (CMR:214:98).
DISCUSSION
The terms ofPalo Alto’s Rental Agreement have been modified to appropriately reflect Palo
Alto’s initial rental of two APTs, in lieu of San Jose’s six APTs, and with a provision for two
additional APT units which, if approved by Council, may be installed in the new parking
structures currently in the planning stage and estimated to be completed by the Fall of 2002.
The work to be performed underthe Rental Agreement is for the installation and
maintenance of two APTs. The first set of APTs will be installed in Lytton Plaza and
Parking Lot D. The APT in Lytton Plaza will be placed along the Emerson street frontage.
The APT in Parking Lot D will be placed at the comer of Hamilton Avenue and Waverley
Street. This will require the loss of one parking space, which was anticipated as part of the
Downtown Urban Design Master Plan approval. Attachment A shows the location of the
APTs.
The following is a summary of the Rental Agreement content:
.Term of the Agreement "
The Rental Agreement is for an initial duration of twenty years with a five-year option
by the City to extend the rental (first option), and an additional extension of five years
(second option). JCDecaux would not agree to a shorter initial rental period. Palo
Alto’s term is consistent with that obtained by the City of San Jose.
Installation of APTs
Upon execution of the Rental Agreement, the Contractor will deliver and install two
APTs within a period of six months after City approval of the design documents.
Prior to installation, the Contractor will obtain approval of the APT specifications and
site plans from the City’s Public Works Department. The dark green exterior color
shown in the Attachment B photograph has been selected by the vendor and is the
factory standard. This is the color that is currently used in San Francisco, and is soon
to be installed in San Jose. The selection of other colors would require a longer lead
time for special fabrication, delivery from France, and additional expense due to the
extra parts inventory. Staff has been advised that the dark green exterior color,has
been well received in San Francisco, The Rental Agreement assumes that the dark
green exterior color will be selected-for Palo Alto.
The Rental Agreement requires the City to install all required utility services and to
pay for design and installation of APT foundations. The installation of utilities
includes: sanitary sewer, electrical, water, and telephone/communication services.
The $51,000 costs of these items are included in the attached Budget Amendment
Ordinance (BAO).
CMR:106:99 Page 3 of 8
Equipment and Rent
Installation and beginning of service life of a APT will not normally occur at the start
of a budget year. Therefore, budget provision has been made for an initial rental
payment for part of the remaining fiscal year. The initial rental payment of $45,500
includes the following: $33,500 for the advanced first quarterly rental payment as
required by the Agreement and an allowance of a $12,000 monthly payment for early
delivery of the two APTs. This provision may occur if JCDecaux were to supply
APTs for Palo Alto from storage facilities in San Francisco, rather than France.
The Rental Agreement makes provision for future installation of two additional APTs
within a four-year time period, which will result in a reduction in all APT’s annual
unit cost from $61,500 to $60,000. These unit costs will be adjusted annually on each
anniversary date in accordance with the consumer price index (CPI) for the San
Francisco and Oakland area. The above costs must also be adjusted to include state
and local sales taxes. The total twenty-year rental cost has been estimated by staff to
be approximately $3.3 million for two APTs, and $5.8 million for four APTs,
including sales tax, 3.5 percent per year escalation, and deducting credits for entry
fees (See Item 4. below). In future years, the annual rental and maintenance expenses
will be budgeted in the Public Works General Fund Operations Budget. The
Contractor may introduce, at no cost to the City and without modification of the basic
design, such technical improvements or alterations as deemed necessary to maintain
the high service standard of the APT units.
Entry. Fees
Entry fees are recommended to be set at fifty cents; as this is the typical fee
throughout Europe. These coin operated APTs currently accept a twenty-five-cent
coin or a token. Tokens are typically given to organizations that distribute benefits
to the homeless. The Contractor will collect the entry fees at least weekly, and will
keep records of the cash and APT tokens collected at each APT. Cash collected will
be credited toward the City’s quarterly rental payments. A monthly statement that
records the cash received will be transmitted to the City.
The annual revenue to the City is estimated to be $10,000 per APT per year based on
the City of San Francisco APT usage rates and an initial entry fee of 50 cents per use.
These revenues are expected to increase over the 20-year period to approximately
$19,000 per APT per year. During the 20-year agreement, the revenues are estimated
to total $553,000 for two APTs and $1,024,000 for four APTs. These revenues
partially offset the annual rental cost. Spreadsheets providin.g detailed summary of
costs, taxes, entry fees, and estimated budget requirements are shown on
Attachment C. The spread sheet is based on an assumed CPI escalation of 3.5 percent
per year, which is consistent with historical records of the index. The agreement
includes a cap of 5 percent increase per year.
CMR: 106:99 Page 4 of 8
Operation and Maintenance
The APTs will be in operation twenty-four hourg every day. Maintenance will be
provided by the Contractor from its San Jose office. Each APT will be inspected and
serviced twice daily. Upon observing or receiving notice of any deficiency, damage,
vandalism or graffiti in or around any APT, the Contractor will repair or replace such
damage within twenty-four hours. The Contractor will prepare a maintenance log for
each APT to record ongoing inspection and maintenance activities. The Contractor
will provide quarterly reports to the City noting problem areas, corrective actions
taken, and recording the number and nature of repairs attributable to vandalism. The
Contractor will also maintain a written complaint log.
Information Display Boards
Each APT includes two 4ft. x 6ft. illuminated public display boards mounted outside
of the APT. Options include City posters containing information about public events,
events at public facilities, or other information of general interest to the public. Staff
recommends that one of the boards contain a map of the downtown area annotating
points of interest such as parks, parking lots, libraries, civic center, post office, banks,
restaurants, hotels, and location of other APTs and other restrooms. This element of
the project will be referred to the Architectural Review Board (ARB) for approval.
If approved by ARB, City staff will employ a graphic artist to prepare the display
using the Geographic Information System (GIS) base sheet. An allowance of $7,000
for the graphic artist has been made in the attached BAO.
Termination of Agreement
The twenty year term of this Agreement begins after the second APT is installed and
operational. Five years later, the City may terminate this Rental Agreement without
cause, after thirty days written notice to the Contractor, and payment to the Contractor
of twenty-five percent of the remaining rent then due. For example, if the agreement
is canceled at the end of the fifth year, staff estimates that the cost of termination
would be $275,000 per APT and if the agreement is canceled later the cost would be
less ($220;000 per APT in the tenth year).
This payment is compensation for anticipated profits and capital investment by the
Contractor. A contractor is typically entitled to recover some portion of anticipated
profits in the event of early termination of an agreement. Capital costs must be
recovered by the Contractor prior to any termination of the Agreement. Cost recovery
for these items are typical in the industry and were included in the San Jose agreement
upon which the City of Palo Alto Agreement is based.
ALTERNATIVES TO STAFF RECOMMENDATION
Built-In-Restrooms
A cost estimate for Built-In-Restrooms (BIRs) within the new parking structures was
reviewed as an alternative to use of the additional APTs. BIRs were assumed to be
accessible to the disabled and sized to accommodate one person at a time, similar to the
APTs. A separate BIR could be provided for each gender (one pair) in both new parking
CMR: 106:99 Page 5 of 8
structures. The BilLs must be built to a high quality construction standard that is both
durable and easily cleaned to be equivalent to the APTs. The BIRs would include, for
example, ceramic tile interiors with epoxy grout and stainless steel fixtures. The construction
cost for one pair of BIRs is estimated to be $60,000. Installation of two pairs of BIRs would
cost $120,000, the annual cost for repairs and maintenance of two pairs of BIRs is estimated
at $6,000 (5 percent of the construction cos0.
It was noted that the level of cleanliness provided by the built-in units should be equivalent
to that provided by the APTs such that an accurate comparison of costs for the alternatives
can be made. This implies a need for 24 hours-a-day, 7 days-a-week janitorial service for
the built-in units. The cost for this service, which includes all supplies and materials,
transportation, insurance, and supervision, is billed at $50 per hour. To provide this service
24 hours per day would cost approximately $438,000 annually (current dollars). The BIRs
could be constructed as part of the parking structure and be available for use in three years.
The APT units from JCDecaux are only offered for rent with full maintenance services. The
vendor does not offer the APT units for sale. However, it is apparent that the APT costs are
lower than the BIRs costs in current dollars as shown in the following table:
Description
APTs (2)
BIRs (2)
One Time Initial Annual
Costs Rent/Operations Cost Operations Cost
$60,500 $45,500 $140,000
$120,000 $148,000 $438,000
Credits for entrance fees will be included in the annual operating cost, once a history of APT
usage has been established.
The APTs are the least costly altemative on the basis of both initial installation cost and
annual cost. It is recommended that the APTs be used in preference to the built-in-restroom
alternative in the new parking garages because the APTs:
B.
C.
D.
E.
F.
Provide a high level of maintenance and service.
Are accessible and visible.
Will be available about three years sooner.
Provide a lower overall unit rate cost for all APTs.
Have a lower annual cost than the BIRs.
Include panic or emergency telephone linkage to the Palo Alto Emergency 911
services.
RESOURCE IMPACT
Initial funding for the remainder of the 1998-99 fiscal year will be from the Budget
Stabilization Reserve. Approval of a BAO in the amount of $106,000 is requested and costs
are described in more detail below:
CMR: 106:99 Page 6 of 8
Initial Rental Cost
First quarterly payment of two APTs
Monthly Payment (early delivery)
One-Time Utili .ty & Graphic Design Costs
Utility design and installation of APT foundation
Design of information display
Contingency
BAO Total
$33,500
$12,000
$51,000
$7,000
$106,000
Annual Rental Costs ($61,500/unit)
Future annual rental costs for two APT units will be $61,500 per unit (plus sales tax and
escalation). If two additional APT units are installed within the first four years of the
agreement, this unit rate is reduced to an initial $60,000 per unit per year. However, the
reduced rate is adjusted by the annual CPI depending on which year the fourth APT is
installed. The annual rental and maintenance expenses will be budgeted in the Public Works
General Fund Operations Budget. For budget purposes, this expense is estimated to be
$140,000 per year for two APTs. A portion of this amount would be offset by entrance
fees. Future Operating Budgets can be adjusted, once a history has been established for costs
and credits of utility and entrance fees respectively.
In 1998, staff provided information to Council on a cooperative effort undertaken with the
Chamber of Commerce and Downtown property owners to identify and implement an
augmented maintenance program for the Downtown area (CMR:221:98). This program is
envisioned to involve a public/private partnership in which certain augmented maintenance
program costs would be borne by the City, and others would be incorporated into a special
tax district, contiguous with the Downtown. The formation of this special tax district is
anticipated to occur with the property owners’ approval at the same time that the Downtown
Parking Structure would be scheduled for approval in the summer of 1999. In the
discussions which have occurred relative to this public/private partnership, the rent of the two
initial APTs has been determined to be an appropriate City expense.
POLICY IMPLICATIONS
The proposed site and the installation of public restrooms in the Downtown area are
consistent with the Downtown Urban Design Improvements Master Plan and the Urban
Design Element of the Comprehensive Plan, Policy 5, "encourage rehabilitation of aging
retail areas to keep them economically healthy."
T1MELINE
After execution of the Rental Agreement with the vendor, the APT order consisting of two
units will be placed with an expected delivery in the spring 1999. Upon approval of the
Rental Agreement, staff will submit documentation for ARB approval of the display board
design.
CMR:106:99 Page 7 of 8
ENVIRONMENTAL REVIEW
The installation of APTs in the Downtown area is Categorically Exempt from the California
Environmental Quality Act (CEQA), under Section 15303, (Construction and location of
small facilities and structures). The possible loss of one or two parking spaces per public
toilet location was addressed in the Negative Declaration prepared for the Downtown Urban
Design Improvements Master Plan approved by Council on August 11, 1997.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Attachment G:
APT Location Maps
APT Photograph
APT Cost Summary
Rental Agreement
CMR:214:98
Budget Amendment Ordinance
Budget Amendment Ordinance Impacting the General Fund Approved to
Date in 1998-99
PREPARED BY: Jim Harrington, Senior Engineer.
DEPARTMENT HEAD: f~//~. ’~
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL:
JUNE FLEMING/f-~ ~. a,
City Manager
CMR: 106:99 Page 8 of 8
ATTACHMENT C
0 ,
ATTACHMENT D
CITY OF PALO ALTO
and
JCDECAUX SAN FRANCISCO, INC.
RENTAL AGREEMENT
for
AUTOMATIC PUBLIC TOILETS
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TABLE OF CONTENTS
RECITALS ..........................................................1
1. DEFINITIONS ......................................................1
2. TERM OF AGREEMENT; OPTIONS TO EXTEND ..........................2
3. EQUIPMENT .......................................................3
4. OWNERSHIP OF EQUIPMENT .........................................4
5. RENT .............................................................4
6. PAYMENT OF RENT ........................~ ........................5
7. LATE PAYMENTS .........; .........................................5
8. INSTALLATION SCHEDULE ..........................................5
9. MODIFICATIONS OF APTS ...........................................6
10. INSTALLATION OF APTS.
12. ENTRANCE FEES .................................................
13. MAINTENANCE AND OPERATION ...................................
12
12
14. INFORMATION DISPLAYS ..........................................16
t5. HOLD HARMLESS AND INDEMNIFICATION ............................17
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16. PREVAILING WAGES ..............................................17
17. EMPLOYMENT LAWS .............................................17
18. TERMINATION,, OF AGREEMENT .....................................17
19. EVENT OF DEFAULT; REMEDIES ....................................19
20. INSURANCE REQUIREMENTS ......................................20
21. NONDISCRIMINATION .............................................21
22. TAXES ..........................................................21
23. CONFLICT OF INTEREST ..........................................21
24. GOVERNING LAW ................................................21
25. COMPLIANCE WITH LAWS .........................................21
26. NO THIRD PARTY BENEFICIARIES ..................................22
27. INDEPENDENT CONTRACTOR ......................................22
28. WAIVER ......., .................................................22
29. CONTRACTOR’S BOOKS AND RECORDS .............................22
30. GIFTS ..........................................................23
31. NOTICES ........................................................23
32. VENUE .........................................................24
33. PRIOR AGREEMENTS AND AMENDMENTS ............................25
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34. ASSIGNMENT ....................................................25
35, SEVERABILITY ...................................................25
36. HEADINGS ......................................................25
B.
C.
D.
EXHIBITS
Location of APTs (2 sheets)
Installation Schedule (1 page)
Plans (8 sheets) and Specifications (13 pages)
Insurance Requirements (1 page)
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-III-
THIS AGREEMENT ("Agreement") is made and entered into as of this day
of ,19___ (the "Effective Date"), by and between the CITY OF PALO
ALTO, a public entity corporate and politic, hereinafter referred to as the "CITY", and
JCDECAUX SAN FRANCISCO, INC., a California corporation, hereinafter referred to as
"CONTRACTOR".
Recitals
WHEREAS, CITY desires to establish an Automatic Public Toilet ("APT") program,
for the benefit of residents and visitors to downtown Palo Alto, to provide for the placement
of APTs on public property in downtown Palo Alto; and
WHEREAS, such an APT program will help eliminate the condition of the
inadequacy of public restrooms in downtown Palo Alto; and
WHEREAS, CONTRACTOR represents and warrants that it has the knowledge,
willingness and ability to provide APTs for the APT program on rental terms as provided
in this Agreement; and
WHEREAS, CITY has based this Agreement on purchase procedures previously
undertaken by the City of San Jose including the rental rates for APT’s as established in
the City of San Jose Agreement dated January 6, 1998 and
WHEREAS, CONTRACTOR agrees to provide necessary personnel at its office in
Santa Clara County to maintain APT’s in both City of San Jose and City of Palo Alto
NOW, THEREFORE, subject to all terms and conditions hereinafter set forth, the
parties hereto agree as follows:
1.Definitions.
In addition to terms defined elsewhere in this Agreement, where any word or
phrase defined below is used in any part of this Agreement, it shall have the
meaning herein set forth:
Ao "Agreement" means this contract, as originally executed and as amended or
extended from time to time.
go "Automatic Public Toilet" or "APT" means a free standing enclosure
containing an automatic self-cleaning toilet available for use by the general
public as provided herein.
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Fo
"City" means the City of Palo Alto, California.
"PW Director" means the Director of the Department of Public Works of the
City of Palo Alto.
"Facilities Management" means the Manager of the Facilities Management
Division of Public Works Department.
"Reference Rate" means the interest rate charged by the Bank of America,
NT & SA, San Francisco, California, to its best corporate clients at the
beginning of each month, or if such rate is discontinued, then the Reference
Rate shall be the Prime Rate published in the Wall Street Journal as being
the rate on corporate loans posted by at least 75% of the nation’s largest
banks.
"Vandalism" means willful or malicious damage or destruction of an APT or
any part thereof caused by a party other than CONTRACTOR or CITY but
shall exclude graffiti, ordinary wear and tear, and any damage caused during
riots and other declared civil emergencies.
Term of Agreement; Options to Extend.
Ao The "Term Commencement Date" of this Agreement shall be the earlier of
(I) the installation of the second APT pursuant hereto or (ii) six (6) months
after CITY issues to CONTRACTOR A Notice to Proceed for the installation
of both of the first two (2) APTs hereunder. The term shall continue from the
Term Commencement Date, subject to Subsection 2.B and Section 18
hereof, for twenty (20) years until the "Termination Date"; provided, however,
that the CITY acknowledges that Rent (as hereinafter defined) shall be paid
in accordance with Section 5 for each APT at the time each APT is installed
and operational whether or not the Term Commencement Date has
occurred.
go If this Agreement shall not have been previously terminated and CITY is not
in default under this Agreement at the time of the giving of notice as
described below (or, if CITY is in default but CITY is diligently proceeding to
cure said default), and is not in default at the Termination Date or the
¯ expiration date of the First Option Term (as hereinafter defined), as
appropriate (or, if CITY is in default but CITY is diligently proceeding to cure
said default), then CITY shall have the option to extend the term of this
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-2-
=
Agreement on the same terms and conditions for an additional term (the
"Option Term") as follows:
An additional term of five (5) years from the Termination Date (the
"First Option Term"); and
(2)An additional term of five (5) years from the expiration date of the First
Option Term (the "Second Option Term");
provided, however, that such option, as to each Option Term, may be
exercised only by the delivery of written notice by CITY to CONTRACTOR
delivered at least six (6) months in advance of the Termination Date or the
expiration date of the First Option Term, as the case may be.
Equipment.
Ao
B=
Subject to all terms and conditions of this Agreement, CONTRACTOR shall
rent to, install, operate, and maintain for the CITY under the terms and
conditions of this Agreement two (2) APTs at the locations shown on
Exhibit A attached hereto and incorporated herein.
Notwithstanding Subsection A above, upon CITY’s request from time to time
CONTRACTOR shall negotiate in good faith to rent additional APT(s) to the
CITY under this Agreement, based upon the terms and conditions set forth
herein, with Rent as negotiated by the parties; provided, however that,
notwithstanding the foregoing, if such additional APT(s) are installed prior to
the end of the fourth (4th) year after the Term Commencement Date, Rent
shall be payable for such additional APT(s) in the amount then payable
under Section 5 for the initial two (2) APTs installed pursuant to this
Agreement, except that CONTRACTOR agrees (I) that if a total of four (4)
APTs shall be installed pursuant to this Agreement prior to the end of the
fourth (4th) year after the Term Commencement Date, the Rent hereunder
for all APTs installed under this agreement shall be $60,000 per APT
annually, as adjusted pursuant to Subsection 5.B. as if such new Rent
amount were the initial Rent amount under this Agreement. It is understood
that if the City orders and issues a Notice To Proceed for the additional third
and fourth APTs within three and one-half years after the Term
Commencement Date that this will secure the $60,000 per year APT rental
rate for the City regardless of when the CONTRACTOR completes
installation of these APTs.
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-3-
o
o
Ownership of Equipment.
All APTs constructed, installed and maintained pursuant to this Agreement, and
all intellectual property rights embodied in and/or related to such APTs, shall be
and remain the property of CONTRACTOR.
Rent.
A°
go
Co
Rent. Subject to Section 3 above and Section 6 below, CITY agrees to pay
CONTRACTOR an annual rent for each APT in the amount of Sixty-One
Thousand Five Hundred and No/100 Dollars ($61,500.00) (the "Rent"). The
Rent commencement date shall be separately established for each APT, and
shall be the date that each APT is installed and operational. Rent shall be
increased or decreased annually as provided in Subsection B below, but in
no event shall Rent be decreased below the amount of $61,500.00 per year,
or in the case of a Rent adjustment pursuant to Subsection 3.B. in no event
shall the Rent be decreased below the amount of $60,000 per year, as
appropriate. The parties further acknowledge that .the amount of Rent
payable hereunder may also be reduced from time to time by credits and/or
offsets as provided in Subsection C below.
CPI Changes. The Rent shall be adjusted annually on each anniversary
("Rent Adjustment Date") of the Term Commencement Date of this
Agreement as follows: the Rent shall be adjusted based on the percentage
change in the most recently published Consumer Price Index (CPI) (Urban
Wage Earners and Clerical Workers in San Francisco- Oakland Standard
Metropolitan Statistical Area (1982 - 84 = 100)) as calculated from the
Effective Date. The Rent shall not be so adjusted until one (1) year after the
Term Commencement Date. The annual CPI adjustment shall be limited to
a maximum of five (5) percent.
Credits and Offsets.
(1)The parties agree that, to the extent CITY has paid Rent in advance
for an APT, and such APT is not operational throughout the period for
which such Rent was paid, CITY shall have the right to reduce future
Rent payments due to CONTRACTOR by an appropriate pro rata
amount for such non-operational period; provided, however, that CITY
shall only be able to so reduce such future Rent payments if CITY has
given notice to CONTRACTOR that an APT is not operational, the
APT continues to be non-operational twenty-four (24) hours after such
notice, and only to the extent the APT (after such initial 24-hour
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period) is non-operational for more than twelve (12) hours in any one
day; provided, however, that Rent shall not be so reduced in any case
where an APT is non-operational due to the fault of the CITY; and
provided, further, that notice by CITY to CONTRACTOR shall not be
required in order for CITY to exercise its right of Rent reduction in the
case of the destruction of an APT and such period of Rent reduction
shall commence immediately upon such destruction.
(2)At CITY’s option, to the extent CITY is owed amounts under Section
5.C.(1), 10.D.(2), 12.D., 13.D., and/or 18.B. hereof, which amounts
have not been paid by CONTRACTOR within the time allowed
therefor, with written notice to CONTRACTOR, CITY shall have the
right to offset Rent payments that become due by such amounts due
and not paid by CONTRACTOR, plus interest thereon as provided
herein. Except as provided in this Subsection 5.C.(2), CITY shall not
have the right to offset any other amounts due or claimed to be due
to CITY hereunder unless CITY has obtained a final judgment against
CONTRACTOR with respect to a claim under this Agreement.
Payment of Rent.
Ao CITY shall make Rent payments to CONTRACTOR quarterly in advance for
each APT. For this purpose, January 1, April 1, July ~1 and October 1 shall
be deemed "Quarterly Payment Dates".
The first Rent payment for each APT shall be due within thirty (30) days after
CITY has received CONTRACTOR’s notice that the APT has been installed
and is fully operational. Such first Rent payment shall be prorated and shall
cover the period from the APT’s first day of operation to the day before the
next Quarterly Payment Date.
Late Payments.
Payments due hereunder, including without limitation Rent, which are not received
within thirty (30) days after such amount becomes due shall bear interest at the
Reference Rate plus two percent (2%) from and after the date said payment was
due until the date paid.
.Installation Schedule.
CONTRACTOR shall deliver and install two (2) APTs in accordance with the
schedule attached hereto as Exhibit B and incorporated herein.
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9. Modifications of APTs.
10.
Without limiting any other obligations of CONTRACTOR set forth in this
Agreement, and subject to all the terms and conditions of this Agreement,
CONTRACTOR shall effect at its cost such technical improvements or alterations
to the APTs as, in the course of its business, it may introduce from time to time to
such model and which may be introduced without modification of the basic design,
including the shell and other major components of the APT. No improvement or
alteration shall be made without the written consent of CITY if such alteration would
cause the APT to deviate from the plans and specifications attached as Exhibit C,
would violate any requirement of this Agreement, or would alter the exterior
appearance of the APT. The CITY will not unreasonably withhold or delay its
consent to any improvement or alteration for which its consent is required;
provided, however, it shall not be considered unreasonable to withhold approval
of any alteration which would materially adversely affect the operation of the APTs.
After any such improvement or alteration, this Agreement shall continue as if any
improved or altered APT was one of the original APTs supplied under this
Agreement.
Installation of APTs.
A. General.
CONTRACTOR shall install APTs only for which (I) the design
complies with the requirements of Subsection F below; (ii) all
required approvals from permitting authorities have been received
and all applicable fees have been paid therefor by CONTRACTOR,
provided, however, that CONTRACTOR shall be obligated only to
pay up to a maximum of One Thousand Dollars ($1,000) per APT for
such fees, and CITY shall pay any fees in excess of such amounts;
and (iii) locations have been determined pursuant to Subsection C.
below. CONTRACTOR shall be and shall keep fully informed of the
City Charter, codes, ordinances and regulations and of all state, local
and federal laws in any manner affecting the performance of this
Agreement and the operation of the APTs, and shall at all times
comply with applicable codes. Citation of any specific code sections
in this Agreement shall not excuse CONTRACTOR from its obligation
to comply with all applicable local, state, federal laws and
ordinances. It is the understanding of CONTRACTOR and CITY as
of the Effective Date that the City’s building code does not apply to
the APTs, however Plumbing and Electrical permits are required for
the installation of Utility services (laterals).
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(2)CONTRACTOR agrees that it shall neither have nor acquire any
possessory interest in any property on which an APT has been
installed pursuant to this Agreement.
(3)Change in Laws. If the CITY, the State of California, the federal
government or any other governmental agency should adopt a
change in laws or regulations applicable to the APTs so as to require
significant alteration of or a significant increase in the cost of the
operation of the APTs, then at the request of CONTRACTOR, CITY
and CONTRACTOR shall negotiate in good faith possible
modifications to this Agreement to compensate for the effect of such
change. In no event shall CITY be required to agree to any particular
modification of this Agreement. If no modification of this Agreement
satisfactory to both CONTRACTOR and CITY is agreed upon within
one hundred twenty (120) days after CONTRACTOR’s request to
CITY, CONTRACTOR may, at its option,, elect to terminate this
Agreement upon ninety (90) days notice to CITY. For purposes of
this provision the term "significant" shall mean an alteration cost or
an operational cost increase equal to at least five percent (5%) of the
then remaining Rent due to CONTRACTOR under this Agreement,
as extended.
Regulatory. Ap.~rovals Required for APTs. CONTRACTOR shall submit
construction drawings and supporting documents to obtain all required
approvals from permitting authorities with jurisdiction over the APT locations
and pay all related fees, subject to Subsection A.(1) above, before
proceeding with installation of any APT. Such approvals shall be sought
and issued in the CITY’s name, and CITY shall reasonably cooperate with
CONTRACTOR with regard to such approvals. Unless otherwise directed
by the PW Director, within ninety (90) days following the Effective Date,
CONTRACTOR, on behalf of CITY, shall submit to the Department of
Public Works location and construction drawings ("site plans") for the two (2)
APT sites described in Exhibit A, or substitute sites designated in
accordance with Subsection C below, together with the applicable fees for
each APT. The Department of Public Works shall review each site plan and
inspect each location and site, and thereafter, unless the location is
determined by the PW Director to be unsuitable for installation of an APT,
shall issue the approvals necessary for each proposed APT site. The
parties acknowledge that, because CITY is a public entity, permits for work
on City property right of way as such may not be issued by the City after all
required regulatory review but instead approval letters or memoranda
authorizing the installation may be issued by the City. These procedures
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Co
shall apply to any additional APT units that are installed pursuant to this
agreement.
Locations and Sites of APTs. CONTRACTOR shall install the APTs at
locations designated and approved in accordance with this Subsection.
Locations. A preliminary list of locations for the two (2) APTs is
attached as Exhibit A. In the event any of the locations listed in
Exhibit A are determined by CITY to be unsuitable for APT
installation prior to the issuance of regulatory approvals therefor, or
are disapproved by the PW Director pursuant to Subsection B above
or by CONTRACTOR pursuant to Subsection (3) below, then CITY
shall designate an equal number of alternate locations; provided,
however, that CONTRACTOR shall only be obligated to provide site
plans (as defined in Subsection B above) at CONTRACTOR’s
expense for up to two (2) locations in connection with the selection
of locations for the first two (2) APTs to be installed pursuant to this
Agreement.
(2)
(3)
Additional APT Locations. If CITY elects to require the installation of
additional APTs pursuant to Section 3.B, or permits the relocation of
any APT in accordance with this Agreement, CITY shall designate
locations for installation of those additional APTs as provided herein.
Review and Approval of APT Locations. CITY and CONTRACTOR
shall inspect the proposed locations and exchange information
regarding the suitability of each such location for an APT. CITY
acknowledges that the installation of the APTs requires clear space
of at least three and one-half feet (3-1/2’) below the surface of the
slab. If a proposed location will not provide the clear space
necessary for. the installation of the APT, CONTRACTOR may
disapprove the location and CITY shall designate a substitute
location.
(4)Reimbursement of Cost of Foundations and Utility Laterals. CITY
shall reimburse CONTRACTOR for the cost of installation of the
foundations of each APT and extension of utility laterals to each
APT, including without limitation, costs of site preparation, trenching,
and street restoration required in connection with the installation of
foundations and extension of utility laterals. Utility laterals covered
by the foregoing shall include, without limitation, sanitary sewer,
electrical, water and telephone/communication services to each APT.
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Prior to performing such work, CONTRACTOR shall obtain a
minimum of three (3) competitive quotes from licensed contractors
for performance of this work, unless the PW Director in writing
agrees that such. competitive quotes are not required.
CONTRACTOR shall submit to CITY for CITY’s review and approval,
which approval will not be unreasonably withheld, the proposed
contract with the selected contractor, along with a summary of the
other competitive quotes received. Any disapproval shall be
accompanied by a detailed explanation of the reasons for
disapproval, and shall automatically extend on a day-for-day basis,
the dates for installation of the APTs until such a contract has been
approved by CITY. If CITY fails to respond within ten (10) days after
submission of the required information, the contract shall be deemed
approved. CITY shall reimburse CONTRACTOR for costs incurred
for the subject work in accordance with the approved contracts within
thirty (30) days of submission by CONTRACTOR to CITY of an
invoice therefor, accompanied by evidence of amounts paid to the
contractor.
Relocation of APTs.
CONTRACTOR may not relocate or remove an APT during the term
of this Agreement without the CITY’s approval which shall not be
unreasonably withheld except that the new location for any relocated
APT shall be subject to the CITY’s approval in its sole discretion.
Without limiting the foregoing, the parties acknowledge that unless
CITY approves the new location for any APT, which approval shall
be in CITY’s sole discretion, relocation of APTs shall not be allowed
under this Agreement.
(2)The CITY may direct the relocation of up to one (1) APT in any two
(2) year period for which CONTRACTOR shall bear the full cost of
removal and relocation of the APT structure. CITY shall, in
accordance with the procedures described in Section 10.C(4),
reimburse CONTRACTOR for the cost of installation of the
foundation and extension of utility laterals for each new location and
for restoration of the street at the prior location. In the event
CONTRACTOR fails to remove and relocate an APT within a
reasonable time following approval by CITY of all permits for
installation of the APT at the new location and of the contract for
work to be reimbursed by CITY pursuant to Section 10.C(4), then
CITY may, at its sole discretion, cause the removal and storage or
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relocation of said APT and recover any and all costs incurred from
CONTRACTOR, for which the CONTRACTOR would of been
responsible. Such costs shall be paid directly to CITY by
CONTRACTOR upon the invoice therefor.
(3)CITY may also direct CONTRACTOR to relocate more than one (1)
APT in any two (2) year period but only if CITY bears all removal and
relocation costs, or, at CITY’s option CITY requires a third party to
bear such costs.
(4)Pursuant to Subsection 13.E., CONTRACTOR may, with CITY’s
approval, elect to relocate and remove any APT, for which
CONTRACTOR shall bear the full cost of removal and relocation,
including sidewalk and curb restoration if the same is affected by the
removal. The new location of any such relocated APT shall be
determined in accordance with Subsections 10.C. and 10.D.(1).
Clearance Requirements for APTs. After the installation of an APT, CITY
shall use its best efforts to assure that new structures or obstacles are not
placed in the area which would obstruct the access to such APT.
APT Design. CONTRACTOR shall design, construct, and install the APTs
contracted for under this Agreement in conformity with the CITY’s color
selection (color # RAL 840HR, as used by the City of San Jose) for the
APTs and in conformity with the plans and specifications attached hereto as
Exhibit C. Such plans and specifications may be modified by the
CONTRACTOR only with the prior written approval of the CITY. Such
approval shall not be unreasonably withheld if the proposed change does
not materially affect the external appearance or the disabled access
requirements of the APTs or adversely affect the operation of the APTs.
The design cost for utility installation and foundation work shall be borne by
the CITY. However CONTRACTOR shall arrange for an Engineer to
prepare the necessary documents. The CONTRACTOR will work with the
CITY to arrange for appropriate design fees. No work shall start until CITY
has approved for such fees.
Location Drawings and Construction Engineering Plans for APTs. All
construction work shall be done in accordance with Department of Public
Works Standard Specifications and Details, most current version, and all
other applicable codes. Location drawings shall contain a twenty feet (20’)
to one inch (1") scale representation of the proposed APT site and shall
cover the area from the property line to the street centerlines at the nearest
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intersection. Mid-block sites can be shown with broken line ties. The
drawings also shall give all necessary street dimensions, such as sidewalk
width and street width, and denote all surface and subsurface structures,
including hydrants, utility poles and catch basins, subsidewalk basements,
transit shelters, and bus stops and their accurate positions. After approval
of a particular location, CONTRACTOR shall also submit to the Department
of Public Works engineering plans showing sewer connections, water
service connections, electrical service connections,
telephone/communications service connections, and foundation details for
each APT, which plans shall be stamped and signed by an engineer
registered with the State of California. CONTRACTOR is responsible for
identifying all utility lines located beneath the APT and for showing all such
utility lines on the location drawing and notifying underground service alert
prior to any excavation. Under this Agreement, the City must approve the
location and engineering drawings and issue encroachment and excavation
approvals before CONTRACTOR may commence work on a particular site
or location.
Electrical, Sewage, Telephone and Water Services; Utility Connection.
Subject to Subsection 10.C(4), the installation of utility laterals from existing
mains to the APT sites will be installed by the CITY. All service lines shall
be underground. CONTRACTOR shall arrange for, and bear the full cost
of the internal APT components and perform all APT utility hook-up
procedures to these laterals at the APT units in accordance with all laws.
Operating Charges for Utilities. CITY shall bear the full cost for monthly
operating charges for water, electrical, sanitary sewer and
telephone/communications services to each APT. All such services shall be
in CITY’s name and CITY shall pay such charges directly to the providers
thereof. CITY shall provide CONTRACTOR with copies of invoices received
by CITY for such services, for CONTRACTOR’s records.
Installation Hours. CONTRACTOR shall perform installation of all APTs
only during hours approved in writing in advance by the PW Director and in
accordance with all other reasonable requirements of the PW Director with
regard to such installation activities.
Clean-Up of Sites. When each APT installation is complete,
CONTRACTOR shall as part of the construction, restore the site, remove all
excess materials, and clean up the site. Without limiting the foregoing,
CONTRACTOR shall, as necessary, reconstruct sidewalks, curbs, gutters
and/or walkways; repair street and/or parking lot paving; and replant any
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disturbed plantings. All restoration shall be subject to the inspection and
reasonable approval of the PW Director.
Lo Notice of Completion. With regard to each APT, CONTRACTOR shall notify
CITY in writing of that date when (I) the APT has been completely installed,
(ii) all site restoration work required under Subsection 10.K. above has been
completed, and (iii) the APT is available for public use. Such date shall be
used to determine the commencement of Rent payments for the APT, as
provided in Section 5. . L
[Intentionally Omitted].
Entrance Fees.
go
C°
The entrance fee ("Entrance Fee") for each APT shall be either (I) fifty cents
($.50), or (ii) a token ("APT Token").
CONTRACTOR shall supply CITY, at no charge to CITY, with as many APT
Tokens as CITY may reasonably request from time to time.
The parties agree that CITY shall be entitled to all Entrance Fees as may
be paid for entrance to the APTs.
CONTRACTOR shall be responsible for collection of all Entrance Fees.
CONTRACTOR shall collect the Entrance Fees at least weekly and shall
keep detailed records of the cash and APT tokens collected at each APT.
After the end of each quarter, CONTRACTOR shall apply the amount
collected from the prior quarter to the outstanding quarterly balance and bill
for the remainder amount. A monthly report shall be transmitted to the CITY
within fifteen (15) days after the end of each month.
At CITY’s option, CITY may increase (but need not decrease) the cash
amount of the Entrance Fee based upon CPI increases as described in
Subsection 5.B., but no more often than once per year and only in multiples
of five cents ($.05). Costs for any adaptation of the equipment in
connection with such an increase in Entrance Fee shall be at
CONTRACTOR’s expense. The CITY may also change the amount of the
Entrance Fee based upon CITY policy or due to unfavorable economic
conditions. Any such adaption of the equipment shall be performed by the
CONTRACTOR at the CITY’s expense.
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13.
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Maintenance and Operation.
Ao Maintenance and Operation. CONTRACTOR shall at its own cost clean,
repair and maintain each APT so that each APT is operational, well
maintained, and supplied with all products and materials required for its
efficient and convenient use.
go Hours of Operation. Each APT shall be operational twenty-four (24) hours
every day, unless otherwise agreed to in writing by CONTRACTOR and
Services to be Furnished by CONTRACTOR. CONTRACTOR, its
employees or authorized subcontractors, shall provide the following services
in connection with the maintenance and operation of the APTs during the
term of this Agreement:
(1)
(2)
Continuously maintain in a clean, graffiti-free, safe, and first-class
condition, in a manner consistent with all terms and provisions of this
Agreement, all APTs;
Maintain an office in Santa Clara County at 2075 Bering Drive, Unit
E, San Jose, CA 95131, telephone (408) 436-3028 or another
location agreed to by CITY where CONTRACTOR personnel who will
supervise and care for the APTs shall be based;
(3)Provide a posted telephone number on each APT for 24-hour
reporting of service and maintenance complaints;
(4)Provide the necessary personnel to assure the maintenance of the
APTs as provided herein; without limiting the foregoing,
CONTRACTOR shall maintain at its office in Santa Clara County
full-time technicians qualified and trained to perform all expected
APT maintenance;
(5)
(6)
Refurbish, recondition, and if necessary replace any APT that is not
functioning in accordance with the standards set forth in this
Agreement;
Inspect each APT at least twice per day every day; provided,
however, that CONTRACTOR shall inspect any site more frequently
if conditions at that site so require. At the time of every inspection,
CONTRACTOR shall, if necessary, clean and wash each APT, inside
and/or outside. In addition, CONTRACTOR shall inspect all fixtures
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at each site and, if needed, shall replace defective fixtures within the
time frames provided in Subsection D below. CONTRACTOR shall
remove all graffiti, stickers, unauthorized posters and flyers, litter,
dust, dirt and weeds and other rubbish from each APT.
CONTRACTOR shall also keep the sidewalk area five (5) feet around
the perimeter of each APT odor-, stain- and refuse-free; provided,
however, that in no event shall CONTRACTOR be responsible for
any repair or replacement of the sidewalk within five (5) feet of the
perimeter of an APT that is necessary due to damage caused from
stains caused by entities other than CONTRACTOR, nor shall
CONTRACTOR be obligated to indemnify the CITY under Section 15
of this Agreement for CONTRACTOR’s failure to keep the sidewalk
area within five (5) feet of the perimeter of an APT odor-, stain- and
refuse-free. Notwithstanding any other provision of this Agreement,
CONTRACTOR shall not be required to provide security personnel
at the site of the APTs.
Repair and Replacement. Upon observing or receiving notification of any
deficiency, damage, Vandalism, or graffiti in, on or around any APT,
CONTRACTOR shall commence to repair or replace said damage,
Vandalism, or graffiti, within twenty-four (24) hours. If an APT is destroyed,
CONTRACTOR shall within twenty-four (24) hours secure or remove the
remains of the APT and shall thereafter use good faith diligent efforts to
replace the APT atthat site within three (3) months and shall provide CITY
with a written report on CONTRACTOR’s efforts to replace such APT and
CONTRACTOR’s expectations as to when such replacement APT shall be
installed and operational. In conjunction with such removal, CONTRACTOR
shall, at its own expense, restore the affected sidewalk and curb area to a
safe, finished condition. If CONTRACTOR does not maintain inspections
as scheduled and remedy existing deficiencies within such time periods,
CITY shall be entitled, upon twenty-four (24) hours notice to CONTRACTOR
(or such shorter notice as may be feasible in an emergency), to make the
repairs and to bill CONTRACTOR for the work performed. Such costs shall
be paid directly by CONTRACTOR to CITY upon submission of an invoice
therefor, with reasonable documentation, by CITY to CONTRACTOR.
Subject to an extension for force majeure, if any APT is out of operation for
forty-eight (48) consecutive hours, or if any APT is destroyed and has not
been replaced within six (6) months, then CONTRACTOR shall pay to the
CITY the sum of Twenty Dollars ($20.00) per each day thereafter that such
APT remains out of operation. Such payment by CONTRACTOR shall be
in addition to CITY’s right to reduce its Rent payments because of such lack
of operation as set forth in Subsection 5.C.(1). For purposes of this
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Agreement, "force majeure" shall mean delays in CONTRACTOR’s
performance of its obligations hereunder due to acts of God, riots, fires,
floods, community wide strikes, or criminal acts of third parties preventing
the reinstallation of the APTs, freight embargoes and/or unusually severe
weather.
Vandalism of APTs. In the event that CONTRACTOR’s aggregate cost of
repair and replacement of APTs due to Vandalism during any year of
operation should exceed an average of Two Thousand Dollars ($2,000) per
APT, CONTRACTOR may, by notice to CITY, request that CITY negotiate
in good faith possible modifications of this Agreement to reduce such cost.
Such modifications may include relocation of APTs for which Vandalism is
a particular problem, change in hours of operation, additional lighting or
other security measures, or any other modification which would reduce such
costs. In no event shall CITY be required to agree to any particular
modification of this Agreement. Nothing in this Agreement shall be
construed to impose on CITY any responsibility or liability for costs incurred
by CONTRACTOR on account of Vandalism.
Reports and Logs.
(1)CONTRACTOR shall prepare and maintain a maintenance log for
each APT, and submit copies of each log for the preceding month to
CITY within fifteen (15) days after the end of each month during the
first five (5) years of this Agreement; provided, however, that until
one (1) year after the first two (2) APTs have been installed, at the
request of the CITY and/or the Manager of Facilities Management,
such logs shall be available as often as on a daily basis, provided,
however, that on weekends and holidays such documents shall be
made available by allowing CITY representatives access to such
documents in CONTRACTOR’s office in Santa Clara County at a
time reasonably agreed upon in advance by the parties. After the
first five (5) years of this Agreement, copies of such logs shall be
provided upon the request of the CITY and/or the Manager of
Facilities Management.
(2)CONTRACTOR shall also furnish to the CITY and the Manager of
Facilities Management within thirty (30) days after the end of each
calendar quarter a narrative summary, by APT, of the maintenance
operations during the preceding quarter, noting problem areas,
corrective actions taken, and the number and nature of repairs
attributable to Vandalism. Such quarterly report shall include actual
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14.
year-to-date cost figures for repairs attributable to Vandalism to the
extent then known by CONTRACTOR.
(3)CONTRACTOR shall maintain and make available to the CITY and
the Manager of Facilities Management a written complaint log in a
format reasonably acceptable to CITY. The purpose of this log will
be to record complaints and/or incidents that occur with respect to
the APTs. In addition to the date, time, location, etc., the log shall
include disposition and final resolution of the complaint. Copies of
this document shall be submitted to the CITY and/or Director upon
request.
Information Displays.
CITY may display information posters ("posters") containing information
about public events, events at public facilities, or other information of
general interest to the public, on the two (2) external display panels on each
APT. Such posters shall be a standard size of 4 ft. x 6 ft. and shall be clean
and of fresh appearance, and any sponsorship information included in such
posters shall be limited to an aggregate of up to ten percent (10%) of the
surface area of the poster in the case of any sponsors other than the CITY.
CONTRACTOR agrees to install and display such posters as provided by
CITY at no cost to CITY. CITY agrees (I) that such display panel space
shall not be used for commercial advertising, and (ii) that CONTRACTOR
shall not be liable for any damage or destruction of such posters by third
parties while the posters are on display on an APT. The display panels
shall be illuminated as provided in the specifications.
CONTRACTOR shall not have any right to place any informative and/or
advertising materials on or inside the APTs, without CITY advance written
approval which shall be given or withheld in CITY’s sole discretion.-
Notwithstanding the foregoing, CITY shall reasonably approve the display
of any informative materials related to the use and operation of the APTs.
CONTRACTOR agrees that all such informative materials shall be provided
in two (2) languages: English and Spanish.
The parties acknowledge and agree that the display of posters on the APTs
shall be subject to and shall conform with all sign laws of the City of Palo
Alto.
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15.
16.
17.
Hold Harmless and Indemnification.
Ao . CONTRACTOR shall indemnify, defend, and hold harmless CITY, and their
employees, officers and agents from and against any claim, loss, damages,
injury, expense, judgment or liability associated with the APTs to the extent
such claim, loss, damages, injury, expense, judgment or liability is caused
either by defects in products supplied by CONTRACTOR hereunder or by
the willful or negligent act or omission of CONTRACTOR, its employees,
officers and/or agents.
CITY shall indemnify, defend, and hold harmless CONTRACTOR, its
employees, officers and agents from and against any claim, loss, damages,
injury, expense, judgment or liability associated with the APTs to the extent
such claim, loss, damages, injury, expense, judgment or liability is caused
by the willful or negligent act or omission of CITY, its employees, officers
and/or agents.
The provisions of this Section 15 shall survive the expiration or earlier
termination of this Agreement.
Prevailing Wages.
There is no requirement of prevailing wages. The CONTRACTOR is not required
to pay prevailing wages in the performance and implementation of the Project,
because the CITY, pursuant to its authority as a chartered CITY, has adopted
Resolution No. 5981 pertaining to prevailing wages, and invokes the exemption
from the state prevailing wage requirement with respect to this Project and
declares that the Project is funded one hundred percent (100%) by the CITY.
Employment Laws.
18.
CONTRACTOR, upon request, shall furnish to CITY adequate evidence of
compliance with employment laws, such as but not limited to Social Security and
Unemployment Compensation laws.
Termination of Agreement.
Ao Termination Upon Expiration. This Agreement shall terminate twenty (20)
years from the Term Commencement Date, as provided in Section 2, unless
the Agreement has been extended as provided herein, including without
limitation in Subsection 2.B., or unless terminated earlier as provided in this
Section.
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Removal and Restoration Upon Termination. Upon termination of this
Agreement, CONTRACTOR shall remove its APTs at CONTRACTOR’s sole
cost and expense. CITY shall be responsible for the cost of all site
restoration work, including restoration of sidewalks, streets, walkways,
parking lots, walls and curbs, and disconnection or capping of utility service
laterals. At the request of CITY, such work shall be performed under the
supervision of CONTRACTOR and reimbursed by CITY, in accordance with
the procedures described in Section 10.C(4) above. All such restoration
shall be subject to the approval of the PW Director. CONTRACTOR shall
complete such APT removal within one hundred twenty (120) days of
CONTRACTOR’s receipt of all necessary advance approvals and/or
permits. If CONTRACTOR fails to complete such APT removal within said
one hundred twenty (120) day period, CITY, without further notice and at
CONTRACTOR’s cost and expense, may remove the APTs.
Termination for Default. In the event of any uncured default by either party
to this Agreement, as provided in Section 19 hereof, the non-breaching
party shall have the option to terminate the Agreement as provided therein.
Termination for Delays in Issuance of Regulatory Approvals. If, through no
fault of CONTRACTOR, CITY and/or any other regulatory authority with
jurisdiction has not issued regulatory approvals for installation of the first
two (2) APTs by the date one (1) year after the Effective Date, then
CONTRACTOR, at its option, may at any time after the end of said one (1)
year period, elect to terminate this Agreement upon sixty (60) days notice
to CITY during which period CITY shall have an opportunity to cure said
delay. In the event all required approvals are not issued for all such APTs
within said sixty (60) day period, this Agreement shall terminate without
further notice and the parties shall be discharged from any and all
obligations hereunder without penalty or liability, excepting liability for
breach of this Agreement arising prior to the date of such termination and
excepting also CONTRACTOR’s obligations pursuant to Subsection B of
this Section.
Termination Without Cause. CITY may terminate this Agreement without
cause as provided in this Subsection E. Beginning five (5) years after the
Term Commencement Date, CITY may terminate this Agreement without
cause after thirty (30) days notice to CONTRACTOR and payment to
CONTRACTOR of twenty-five percent (25%) of the remaining Rent then
due to CONTRACTOR under this Agreement (as extended, if extended);
provided, however, that during the last three (3) years of the term of this
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Agreement (as extended, if extended) such payment to CONTRACTOR
shall be in the amount of fifteen percent (15%) of the remaining Rent then
due to CONTRACTOR under this Agreement (as extended, if extended).
19.Event of Default; Remedies.
A=Default of Contractor. In the event that CONTRACTOR shall fail to comply
with or carry out any material term, covenant, or condition set forth in this
Agreement, CITY may serve upon CONTRACTOR a first notice of default
specifying the basis for such claim of default ("First Notice of Default"). If
CONTRACTOR fails to cure such default within thirty (30) days after receipt
of said First Notice of Default, or, if such default is not capable of being
cured within such period, if CONTRACTOR fails to commence to cure within
such thirty (30) days and thereafter diligently pursue such cure to
completion, then CITY may serve upon CONTRACTOR a second notice of
default ("Second Notice of Default"). If CONTRACTOR fails to cure such
default within twenty (20) days after receipt of said Second Notice of
Default, or if such default cannot be cured within such period,
CONTRACTOR does not commence to cure such default and thereafter
diligently pursue such cure to completion, then CITY may terminate this
Agreement upon notice of termination to CONTRACTOR. Termination shall
be effective immediately upon receipt of such notice of termination.
CONTRACTOR shall undertake no new work after the date of receipt of any
notice of termination.
Bankruptcy or Reorganization Proceedings. CONTRACTOR shall be
deemed to be in default of this Agreement in the event that CONTRACTOR
shall cease conducting business in the normal course, become insolvent,
make a general assignment for the benefit of creditors, suffer or permit the
appointment of a receiver for its business or assets or shall avail itself of, or
become subject to, any proceeding under the Federal Bankruptcy Act or any
other statute of any state of these United States or any other foreign country
relating to the insolvency or the protection of rights of creditors; then, in the
case of any of the foregoing events, at the option of CITY, the CITY shall
have the right to terminate this Agreement forthwith and CONTRACTOR or
its successor in interest by operation of law or otherwise shall thereafter
have no rights in or to this Agreement or to any of the rights herein
conferred.
Default.of ClTYI In the event that CITY shall fail to comply with or carry out
any material term, covenant or condition set forth in this Agreement,
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20.
Do
Fo
CONTRACTOR may serve upon CITY a First Notice of Default. If CITY fails
to cure such default within thirty (30) days after receipt of said First Notice
of Default, or, if such default is not capable of being cured within such
period, if CITY does not commence to cure within such thirty (30) days and
thereafter diligently pursue such cure to completion, then CONTRACTOR
may serve upon CITY a Second Notice of Default. If CITY fails to cure such
default within twenty (20) days after receipt of said Second-Notice of
Default, or if such default cannot be cured within such period, CITY does not
commence to cure such default and thereafter diligently pursue such cure
to completion, then CONTRACTOR may terminate this Agreement upon
notice of termination to CITY. Termination shall be effective immediately
upon receipt of such notice of termination.
Remedies. In case of default, each party shall have available to it any of
the remedies provided for in this Section as well as all remedies available
in law and equity.
Rights of Parties Accrued Prior to Termination. Termination of this
Agreement shall not in any way affect the rights and obligations of the
parties which have accrued prior to such termination, including without
limitation, with respect to damages or amounts payable to the other party.
Other Remedies. The exercise of the remedies provided for in this
Section 19 shall be cumulative and shall in no way affect any other remedy
the parties may have available in law or equity. The exercise by either party
of any of the options set forth in this Section by commencement of legal
proceedings, audit, or otherwise, shall not be deemed a waiver of its right
to exercise any other option provided herein.
Insurance Requirements.
CONTRACTOR agrees to have and maintain the policies of insurance set forth in
EXHIBIT D, entitled "Insurance Requirements", which is attached hereto and
incorporated herein. All policies, endorsements, certificates and/or binders shall
be subject to approval by the CITY Risk Manager as to form and content. These
requirements are subject to amendment or waiver if so approved in writing by the
Risk Manager. It is agreed that the required insurance coverage may be increased
in proportion to the CPI Changes as described in paragraph 5.B. However, any
such increase in required insurance coverage shall be applied in minimum
$250,000 increments based on the cumulative multi-year CPI Change.
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CONTRACTOR agrees to provide CITY with a copy of said policies, certificates
and/or endorsements before work commences under this Agreement.
21. Nondiscrimination.
CONTRACTOR shall not discriminate, in any way, against or grant preferential
treatment to any person on the basis of race, sex, color, age, religion, sexual
orientation, disability, ethnicity or national origin in connection with or related to the
performance of this Agreement.
22.Taxes.
CITY shall pay all lawful sales or use taxes, if any, levied on the rent payments and
all possessory interest taxes or personal property taxes from time to time levied or
assessed upon CONTRACTOR in connection with the APTs provided pursuant to
this Agreement. CONTRACTOR shall pay any other taxes with respect to this
Agreement, including, without limitation, personal property taxes for personal
property other than the APTs, any federal or state income, franchise, sales, use,
or similar taxes, business license taxes, and any taxes related to CONTRACTOR’S
right to do business. CONTRACTOR shall promptly upon receipt thereof provide
CITY with copies of any bills received by CONTRACTOR for any taxes payable by
CITY pursuant to this Section. Notwithstanding the foregoing, CITY shall have the
right at its option to contest the validity or amount of any taxes payable by CITY
pursuant to this Section by appropriate legal proceedings.
23.Conflict of Interest.
CONTRACTOR and its officers, employees, associates and subcontractors, if any,
will comply with .all conflict of interest statutes of the State of California applicable
to CONTRACTOR’S services under this agreement, including, but not limited to,
the Political Reform Act (Government Code Sections 81000, et.seq.) and
Government code Section 1090.
24. Governing Law.
CITY and CONTRACTOR agree that the law governing this Agreement shall be
that of the State of California.
25.Compliance With Laws.
CONTRACTOR and the APTs shall comply with all applicable laws, ordinances,
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26.
codes and regulations of federal, state and local governments, including without
limitation the Americans with Disabilities Act (ADA), in the performance of
CONTRACTOR’s obligations hereunder.
No Third Party Beneficiaries.
Nothing in this Agreement shall be construed to create any duty to anyone not a
party hereto and no third party shall be deemed a third party beneficiary of any of
the provisions hereof.
27.Independent Contractor.
28.
CONTRACTOR shall be deemed at all times to be an independent contractor
hereunder and shall be wholly responsible for the manner in which CONTRACTOR
performs the service required of CONTRACTOR by the terms of this Agreement.
Nothing contained herein shall be construed as creating an employment,
partnership, joint venture or agency relationship between CITY and
CONTRACTOR. Terms in this Agreement referring to direction from CITY shall be
construed as providing for direction as to policy and the result of CONTRACTOR’s
work only and not as to the means by which such a result is obtained.
Waiver.
29.
CONTRACTOR agrees that waiver by CITY of any breach or violation of any term
or condition of this Agreement shall not be deemed to be a waiver of any other
term or condition contained herein or a waiver of any subsequent breach or
violation of the same or any other term or condition. The acceptance by CITY of
the performance of any work or services by CONTRACTOR shall not be deemed
to be awaiver of any term or condition of this Agreement.
Contractor’s Books and Records.
CONTRACTOR shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services, supplies, materials, or
equipment provided to CITY for a minimum period of three (3) years, or for
any longer period required by law, from the date of final payment to
CONTRACTOR pursuant to this Agreement.
CONTRACTOR shall maintain all documents and records which
demonstrate performance under this Agreement for a minimum period of
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Co
Do
Gifts.
three (3) years, or for any longer period required by law, from the date of
termination or completion of this Agreement.
Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time
during regular business hours, upon written request by any of the following
CITY officers: the City Attorney and/or Director of Administrative Services,
and/or any of the following City officers: the City Auditor, City Manager,
and/or the Director; or a designated representative of any of such officers.
Copies of such documents shall be provided to CITY for inspection at the
CITY office when it is practical to do so. Otherwise, unless an alternative
is mutually agreed upon, the records shall be available at CONTRACTOR’s
address indicated for receipt of notices in this Agreement.
VVhere CITY has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of
CONTRACTOR’s business, CITY may, by written request by any of the
above-named officers, require that custody of the records be given to CITY
and that the records and documents be maintained at the CITY office.
Access to such records and documents shall be granted to any party
authorized by CONTRACTOR, CONTRACTOR’s representatives, or
CONTRACTOR’s successor-in-interest.
31.
Ao CONTRACTOR is familiar with CITY’s prohibition against the acceptance
of any gift by a City officer or designated employee, which prohibition is
found in the Palo Alto Municipal Code.
B°CONTRACTOR agrees not to offer any City officer or designated employee
any gift prohibited by said Code.
The offer or giving of any prohibited gift shall constitute a material breach
of this Agreement by CONTRACTOR. In addition to any other remedies
CITY may have in law or equity, CITY may terminate this Agreement for
such breach as provided in Section 23 of this Agreement.
Notices.
All notices and other commL~nications required or permitted to be given under this
Agreement shall be in writing and may be delivered by hand, by facsimile
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transmission with verification of receipt, or by United States mail, postage prepaid
and return receipt requested, addressed to the respective parties as follows:
To:Director, Department of Public Works
-City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
with a copy to:Manager, Department
Management Division
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94301
of Public Works,Facilities
To CONTRACTOR:JCDecaux San Francisco
Attention: Jean-Francois Nion
470 Eighth Street
San Francisco, CA 94103
or to such other address as any party may designate by notice in accordance with
this Section.
A copy of any notice of a legal nature, including, but not limited to, any claims
against CITY, its officers or employees shall also be served in the manner specified
above to the following address:
City of Palo Alto
City Attorney
250 Hamilton Avenue
Palo Alto, CA 94301
Notice shall be deemed given on the date of personal delivery by hand, or the date
of receipt of facsimile transmission (with verification of receipt), or on the date
delivery is refused, if applicable.
32. Venue.
In the event that suit shall be brought by either party hereunder, the parties agree
that trial of such action shall be exclusively vested in a state court in the County of
Santa Clara or, where appropriate, in the United States District Court for the
Northern District of California, San Jose, California.
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33.Prior Agreements and Amendments.
34.
This Agreement, including all Exhibits attached hereto, represents the entire
understanding of the parties as to those matters contained herein. No prior oral or
written understanding shall be of any force or effect with respect to those matters
covered herein. This Agreement may only be modified by a written instrument duly
executed by the duly authorized and delegated parties to this Agreement.
Assignment.
35.
Ao This agreement may not be assigned by CONTRACTOR without the prior
written consent of CITY, which consent shall not be unreasonably withheld,
except that CITY’s consent shall not be required for (i) assignments
requested in connection with the sale of substantially all of
CONTRACTOR’s assets or operations, such as but not limited to
consoslidations or megers, or (ii) assignments to entities more than fifty
percent (50%) owned by, or under common ownership with,
CONTRACTOR; provided, in either case, that the assignee assumes in
writing all of CONTRACTOR’s obligations hereunder.
go CITY, in its sole discretion with written notice to CONTRACTOR, may
assign all or part of its interest in this Agreement to any other governmental
entity.
Severability.
36.
If any term, covenant, condition or provision of this Agreement, or the application
thereof to any person or circumstance, shall to any extent be held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the
terms, covenants, conditions or provisions of this Agreement, or the application
thereof to any person or circumstance, shall remain in full force and effect and shall
in no way be affected, impaired or invalidated thereby.
Headings.
Section and subsection headings used herein are for convenience of reference
only and are not intended to define or limit the scope of any provision hereof.
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WITNESS THE EXECUTION HEREOF on the day and year first hereinabove
written.
A-FI’EST:
City Clerk
CITY OF PALO ALTO
By:,
Its Mayor
APPROVED:
"CONTRACTOR,"
RA.c,sco,
By:, / ,I ,
Jean-Francois r~ion,
Sr. Vice P]resident
470 Eight Street
San FranCisco, CA 94103
(415) 487-~2300
City Manager
Employer I.D. N0.:94-3211833
Director of Public Wbrks
Director of Administrative Services
Insurance Review
APPROVED AS TO FORM:
"CONTRACTOR"
JCDECAUX SAN FRANCISCO, INC.
\ I~l~-Fran~ois Deca~~hief Executive Officer
Senior Asst. City Attorney
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Waverley Street
Lot D
0
0
Exhibit A Sheet 1 of 2
Burger King
Lytton
Plaza
Emerson Street
Exhibit A Sheet 2 of 2
,!
EXHIBIT B
Installation Schedule
Contractor shall install the initial two APTs within six months after receipt of City’s
Notice to Proceed. Installation of two additional APTs shall be subject to the same
Noticing and Time of Completion requirements as described in paragraph 3.B of the
Agreement.
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EXHIBIT C
Plans and Specifications
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JCDecaux,’ Automatic Self-Cleaning Public Toilet
TABLE OF CONTENTS
GENERAL INFORMATION .........................................................................................................2
A. SPECIFICATIONS FOR EXTERIOR .......................................................................................2
1. DIMENSIONS .........................................................................................................................2
2.INFORMATION PANELS ........................................................................................................3
3.COINER PANEL .....................................................................................................................3
B.SPECIFICATIONS FOR PUBLIC AREA ................................................................................4
1.DIMENSIONS .........................................................................................................................42,ACCESS .................................................................................................................................43.PUBLIC DOOR .......................................................................................................................4
4.PUBLIC AREA FLOOR ............................................................................................................55.WALLS AND CEILING ............................................................................................................6
6,TOILET BOWL .......................................................................................................................6
7.BACKREST ............................................................................................................................68.SINK .......................................................................................................................................79.FEATURES ............................................................................................................................7
10,LIGHTING ............................................................................................................................8
11.VENTILATION ......................................................................................................................8
12.HEATING .............................................................................................................................8
C.SPECIFICATIONS FOR THE TECHNICAL AREA .................................................................9
1. ACCESS .................................................................................................................................92. COIN BOX UNIT .....................................................................................................................93.MAIN COMPONENTS OF THE TECHNICAL AREA ...............................................................94.ROOF ...................................................................................................................................10
5.SEWAGE .............................................................................................................................116.RAINWATER ........................................................................................................................11
7,DISINFECTION ................................................................................................: ...................118.EQUIPMENT PROTECTION ................................................................................................11
D.SPECIFICATIONS FOR INSTALLATION OF THE UNIT ....................................................12
1.FOUNDATION..: ...................................................................................................................122.SEWAGE ..................................................................................................................: ..........123.WATER SUPPLY ....; ............................................................................................................124.TELEPHONE ........................................................................................................................125.ELECTRICITY ......................................................................................................................13
E.DRAWINGS
EXHIBIT C
JCDecaux United Street Furniture 1994
JCDecaux Automatic Self-Cleaning,public T~ oilet
GENERAL INFORMATION
The JCDecaux automatic public toilet is a self-cleaning oval-shaped self-
contained structure with three main components:
A)Exterior
B)Interior Public Area
C)Technical Area
A. SPECIFICATIONS FOR EXTERIOR
The unit is constructed of a concrete shell with decorative exterior panels of
painted textured aluminum, an aluminum door, cast iron base and coiner panel,
glass-covered information panels, and a fiberglass roof.
From the exterior, the public area is accessed by a coin-operated automatic door
and the technical area is accessed by a door operated by an infrared device.
The location of each unit will be selected to provide easy access for the public
and the maintenance crew. A minimum clearance of 3.5’ is necessary to open
the two doors of the glass information panels and the technical door.
1. DIMENSIONS
The overall exterior dimensions of the unit are approximately:
Height: 9’10"
Width: Base: 7’1"
Body: 6’10"
Length: 12’5"
Footprint Area:77.5 square feet
Weight: 22,000 pounds
2
=~CDecaux United Street Furniture 1994
JCDecaux Automatic Self-Cleaning Public Toile~
2. INFORMATION PANELS
The two long sides of the unit each carry a 5.7’ x 4’ back-lit framed glass panel to
die, play city information posters. The two panels are equipped with 4 fluorescent
tubes diffused by translucent plastic. The posters are hung from the top and
protected by the locked glass panels. The panels are hinged at the top and open
at the bottom for mounting the posters.
3.COINER PANEL
The coiner panel is constructed of painted cast iron. It includes a coin slot and
coin return, back-lit instructions in different languages (including Braille), the
word "TOILET’ in raised letters, an LED display indicating " Vacant," "In Use,"
"Cleaning," "Closed/Open From X:O0 To X:O0," "Out Of Order," as well as
additional information on how to use the public toilet.
JCDecaux United Street Furniture
JCDecaux,, Au!pm~ic S,~lf-Cleaning Public Toilet
B.SPECIFICATIONS FOR PUBLIC AREA
1. DIMENSIONS
The public area has approximately 42 square feet of space.
2. ACCESS
Access to the public area is gained by a door that travels a quarter-circle sector,
and is suspended from the ceiling and guided at the bottom. To gain access to
the public area, the user inserts 25 cents or a special token into the coin slot,
which activates the release of the door. This can occur only when the cleaning
cycle is complete and the indicator panel shows "Vacant."
3. PUBLIC DOOR
The public access door is a metal sandwich panel filled inside with rockwool.
The exterior panel is made of painted textured aluminum and the interior of
stainless steel. The door has a translucent window.
The door is electrically-powered, but it can be opened manually from inside in the
event of an electric power failure or at any other time.
In case of emergency, a special key mechanism allows the public door to be
opened from the exterior by authorized personnel (JCDecaux technicians, police,
fire, or other security personnel).
The public door is approximately 7.3’ high, 2.8’ wide, and 2" deep.
To enter the unit: The door can be closed manually by the user, either .by
operating the interior door handle or by pushing a button. The door will not
close, however, if the weight detectionsystem in the unit has not registered a
weight that is at least equivalent to the approximate weight of 55 Ibs. If the user
enters the unit but does not activate the door, it will close automatically after 10
seconds. The door will also close automatically after 60 seconds if a user has
activated it from the exterior but has not yet entered the unit.
JCDecaux United Street Furniture : ,,. "~
JCDecaux Automatic Self-Cleaning Public Toilet
To exit the unit:. The public area door can be opened from the interior by two
methods:
By operating the interior handle which releases the opening catch, even in
case of power failure.
By operating either of two interior push plates on the wall adjacent to the door
which releases the opening, catch. One is located at footrest level for
wheelchair users or for an ill or injured user lying on the floor, the other at a
height of 36".
The door contains a special sensitive feature that enables it to re-open
automatically if pressure is applied to the edge. The door will try to close again
and will slow its movement at the precise location where it had made contact.
The door opens automatically after 20 minutes and stays open until the user
leaves, as determined by the detection system. If the user has not exited after
five minutes more, an alarm rings in the unit, and the JCDecaux office is alerted
that the door has remained open for too long.
After the user has exited -- as determined by the unit’s detection systems - the
door will automatically close/lock for the unit’s cleaning cycle prior to the next
use.
4. PUBLIC AREA FLOOR
The public area floor is made of painted grooved aluminum.
The floor is fitted with an electronic weight detection system to detect the
presence of a user in the public area.
The floor has a. self-cleaning system which operates after each cycle, and is
slightly inclined towards the bowl (at a maximum of 1/4 of an inch per. foot) to
facilitate drainage of the water during washing. There is a gap of 3 inches
between the floor and part of the Wall under the sink and toilet bowl to allow
water and dirt to be deposited in a specially-designed basin inside the technical
area. ..
The floor can be removed for maintenance by means of a mechanism in the
technical area.
5
JCDecaux United Street Furniture
JCDecaux Automatic Self-Cleaning Public Toilet
5. WALLS AND CEILING
The walls and ceiling are made of polished concrete protected by an anti-graffiti,
anti-adhesive paint. The ceiling is fitted with the following features:
Central light fixture.
Ventilation exhaust.
Red light that flashes when a user has been in the unit for 18 minutes, to
warn him or her that the door will open in two minutes.
6. TOILET BOWL
The toilet bowl is made of enameled porcelain. The seat contains an antifreeze
system to ensure that a comfortable temperature is maintained.
The toilet bowl and seat are automatically washed, disinfected and air-dried after
each use. The bowl and seat retract into the wall, where sewage is released into
a trap that is directly below the bowl when it is in this upright position. The seat
and bowl are washed with high-pressurized water and a cleaning agent. After air
drying, the mechanisms pivot back into the public area, and the bowl is refilled
with clean water.
The cleaning cycle consumes approximately 1.3 gallons of water, and an
additional .4 gallons of water are used to refill the bowl
The bowl is fitted with a weight sensitive device so that it will not retract (or will
stop the retracting or cleaning cycle) if more than 6 pounds is detected on the
front edge of the bowl.
The bowl retraction movement is inhibited if the bowl has not tilted after 12
seconds.
7. BACKREST
The painted aluminum backrest tilts back into the wall for cleaning, disinfecting,
and air drying after each use. This is accomplished during the automatic self-
cleaning cycle of the toilet bowl and seat.
JCDecaux United Street Furniture
JCDecaux Automatic Self-Cleaning Public Toilet
~ 8. SINK
The recessed sink contains an infrared sensor that detects the user’s hands and
triggers the automatic washing cycle - providing soapy water for washing, clear
water for rinsing, and warm air for drying.
The water and dryer automatically shut off and cannot be activated after the 20
minute time limit for each user.
9. FEATURES
Two coathooks mounted at two convenient heights.
"Accordion feed" toilet paper dispenser stocking over 700 feet of paper.
Built-in trash bin, capacity 4 gallons.
Full-length oval mirror, dimensions 63" x 16".
Audio instructions activated by a push button.
Written instructions in Braille and multiple languages.
Five grab bars, three of which exceed accessibility requirements.
Door handle.
One "Open/Close" push plate at 36".
One "Open" push plate at floor level.
Two 911 push buttons to connect a sick or injured user directly to 911
personnel. The buttons must be activated twice to connect to 911 - after the
first activation an audio message asks the user to confirm that there is an
emergency by pushing the button again. One button is located above the
large horizontal grab bar on the wall adjacent to the toilet, the other near the
floor. The speaker and microphone are built into the unit itself so that the
user can communicate hands-free. Instructions on and around the buttons
describe how to use them.
Audio- message and warning light that are triggered when a user has
remained in.the unit for 18 minutes, signaling that the door will open in 2
minutes.
JCDecaux United Street Furniture
JCDecaux Automatic Self-Cleaning Public Toilet
10. LIGHTING
10.1, Natural Lighting
Natural lighting is provided through two translucent windows - one located in the
public door and the other in the wall.
10.2. Artificial Lighting
Electric lights are mounted in the center of the ceiling,
11. VENTILATION
There are two types of ventilation:
11.1. Mechanical Ventilation
Air is exhausted from the public area through an opening located on the ceiling
near the ceiling light. Fresh air is supplied to the public area via the ventilation
panel which is located under the sink.
11.2. Natural Ventilation
Natural ventilation is available via an opening at the top of skydome and through
free space under the door.
12. HEATING
The heating system is located in the technical area, and is thermostatically
controlled. Heat is pumped into the public area through the ventilation panel
located under the sink.
The heating system provides a minimum temperature of approximately 45°F
when the public area is vacant and a temperature between approximately 55°F
and 65°F when the public area is occupied.
JCDecaux United Street Furniture
JCDecaux Automatic Self-Clean,ing Public Toilet
C.SPECIFICATIONS FOR THE TECHNICAL AREA
1. ACCESS
An aluminum door on the exterior of the unit gives access to the technical area,
including the bowl and cleaning mechanism, the water tank/pump, space heater,
programmable controller, electrical cabinet, water filter, and cleaning supplies.
The door is opened by means of an infrared key system used only by authorized
personnel.
An aluminum panel surrounding the toilet bowl and backrest can be unlocked
from the technical area to gain access to the mechanical cleaning and bowl
retraction components from the public area.
2. COIN BOX UNIT
The cast aluminum coin box, meter, and cover are located behind the coiner
panel next to the public access door.
They are mechanically locked and unlocked by JCDecaux technicians by means
of an infrared system.
3. MAIN COMPONENTS OF THE TECHNICAL AREA
The technical area includes several subassemblies:
3.1. A mechanical assembly performing the following functions:
Retraction of the toilet bowl and backrest
Washing
Drying
3.2. A cabinet housing the electronic components and the computer that
monitors the unit’s performance. Information about the unit’s systems are
transmitted to the computer via built-in sensors and devices that monitor all
functions of the unit - such as the drying duct that dries the toilet seat and
backrest, the level of water in the trap and the water supply system, and the
functioning and timing of all mechanical movements. In the event of the
detection of any faults, the cleaning cycle is inhibited, the unit goes "Out Of
Order", and the JCDecaux office is alerted for technical assistance.
JCDecaux United Street Furniture
JCDecaux Automatic Self-Cleaning Public Toilet
Each main piece of electrical equipment - pumps, heater, motors - has its own
fuse for se.curity, while some smaller electrical components which don’t run
together are connected on the same fuse.
3.3. A water system including:
3 gallon tank.
Centrifugal pump supplying the toilet bowl and floor washing system.
pump provides a constant supply of pressure to the washing mechanics.
Back flow preventer.
Internal circuit stopcocks, gatevalves and solenoid valves.
This
3.4. A ventilation system providing the following functions:
Ventilation for the unit.
Heating for the unit.
Hand dryer system.
4. ROOF
The roof is constructed of molded fiberglass polyester.
The roof tilts upward to allow access to:
Door mechanism.
Water tank for the floor cleaning system.
Electrical components for the lighting system of the information panels.
Light fixture for the interior of the unit -- if necessay, this can be removed for
access through the ceiling to the public area.
Emergency access to open the public door.
A small gap all along the roof and the two holes holding the decorative balls on
the roof provide ventilation of the roof area.
10
JCDecaux United Street Furniture
JCDecaux Automatic Self-Cleaning Public Toilet
5. SEWAGE
The trap is located just underneath the toilet bowl when it is in a vertical position.
A 5" diameter U-bend connects directly to the sewer. The trap is fitted with a
sensor that monitors the water level, in case of a U-bend clog. Just beyond the
U-bend there is an air vent that connects to the roof.
6. RAINWATER
The unit is covered by an overhanging waterproof roof. A gutter located above
the door and coiner drains rainwater from the roof via a 2" pipe which discharges
into the trap.
7. DISINFECTION
The disinfection system includes a dosage pump which mixes a premeasured
amount of a cleaning agent with water to wash the toilet bowl, seat, backrest, and
hand basin.
8.EQUIPMENT PROTECTION
Steel: SA3 shot blasting and 80 micron metal plating, with a polyester
powder paint.
Stainless Steel: no protection necessary.
Aluminum: degreased, cleaned and coated with a polyester powder paint,
oven-blasted at 356°F, thickness 100 microns.
Concrete: Interior walls are polished concrete, protected by anti-graffiti and
anti-adhesive paint.
JCDecaux United Street Furniture
1!
JCDecaux Automatic Self-Cleaning Public Toilet
D.SPECIFICATIONS FOR INSTALLATION OF THE UNIT
1. FOUNDATION
The foundation consists of a reinforced concrete slab block which allows space
for the connections to water, electricity, telephone and sewer systems. Each
location must be selected to facilitate these connections.
The unit is bolted to the slab.
Total depth of excavation: approximately 3 feet.
The foundation is designed to be installed on stable ground, with a resistance of
1 bar. Soil resistance analysis may be required.
Concrete slab: 350 kg (771.75 pounds) cement per each meter3 (1.093 yard3) of
concrete.
Total weight of the structure: approximately 22,000 Ibs.
2. SEWAGE
A 5-inch pipe connects the unit to the sewer.
3. WATER SUPPL Y
The minimum internal diameter of the water supply pipe is 1 inch.
4. TELEPHONE
The unit must be connected to local telephone lines for 911 calls and for the
transmittal of information from the computer checking the operations of the unit to
JCDecaux’s local office.
]2
JCDecaux United Street Furniture
JCDecaux Automatic Self-Cleaning Public Toilet
5. ELECTRICITY
Electric power required is:
7KVA
circuit with neutral grounded)
or:
7 KVA single phase 120V/. 60HZ
with neutral grounded)
or:
three phases 120/208V. 60HZ (3 phases, 4 wires multiwire branch
(1 phase, 2 wires multiwire branch circuit
7 KVA single phase 120V/240V. 60HZ (1 phase, 3 wires multiwire branch
circuit with neutral grounded)
There is a separate cabinet, accessible from the exterior, that contains the
electric meter and a general fuse disconnect switch.
A ground mat will be placed below the foundation.
The user is never in contact with the electrical circuit inside the unit. The push
buttons requiring power are on low voltage 24V.
JCDecaux United Street Furniture
2468
TOILET TOILET
2160
JCDecaux United Street Furniture
Copyright 1994
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099
i
8"I/2
JCDecaux United Street Furniture
Copyright 1994
FRONT VIEW
66"
1676
18"
455
2-
13"
340
915
36"
915
JCDecaux United Street Furniture
Copyright 1994
18"
460
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=ART II - INSURANCE REQUIREMENTS SECTION 650
CONTRACTOR:
PROJECT MANAGER:
CONTRACT NAME:
Insurance Requirements for Contractors CITY PALO ALTO
JCDecaux
Jim Harrington
Installation and Maintenance of Auto~~#~S~8~It~RING
GENERAL TERMS AND INSTRUCTIONS
THIS INSTRUCTION SHEET SHOULD BE GIVEN TO YOUR INSURANCE AGENT/BROKER.
CONTRACTORS TO THE CITY OF PALO ALTO, AT THEIR SOLE EXPENSE SHALL OBTAIN AND MAINTAIN INSURANCE FOR THE TERM OF THE CONTRACT. CONTRACTORS
~’ILL BE REQUIRED TO PROVIDE A CERTIFICATE EVIDENCING THE INSURANCE AND NAMING THE CITY AS AN ADDITIONAL INSURED. ALL INSURANCE COVERAGE
REQUIRED SHALL BE PROVIDED THROUGH CARRIERS WITH A BEST RATING OF A: VII OR HIGHER THAT ARE ADMITTED TO DO BUSINESS IN THE STATE OF CALIFORNIA.
THE CERTIFICATE OF INSURANCE MUST BE COMPLETED AND EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY PROVIDING INSURANCE, FILED WITH
THE CITY, AND APPROVED BY THE CITY BEFORE CONTRACT WILL BE CONSIDERED COMPLETE AS RESPECTS INSURANCE.
RETURN THE COMPLETED CERTIF/CATE TO THE CITY OF PALO ALTO, PURCHASING & CONTRACT
ADM/N/STRATION, 250 HAMIL TON A VENUE, PALO AL TO 94301.
THE INSURANCE REQUIREMENTS CHECKED BELOW ARE REQUIRED FOR THIS CONTRACT.
TYPE OF COVERAGE REQUIREMENT LONG FORM, Minimum Limits)
Worker’s Compensation
Automobile Llabili~
,Comprehensive General Liability:
INCLUDING:
¯ PERSONAL INJURY
¯BROAD FORM PROPERTY OAMAGE
¯BLANKET CONTRACTUAL
¯FIRE LEGAL LIABILITY
,Comprehensive Automobile Liability:
INCLUDING:
¯ OWNED
¯ HIRED
¯ NON-OWNED
Professional Liability:
INCLUDING:
¯ERRORS AND OMISSIONS
¯MALPRACTICE (If Applicable)
¯NEGLIGENT PERFORMANCE
Statutory
BODILYINJURY
PROPERTY DAMAGE
BODtLYINJURY&PROPERTY
DAMAGECOMBINED
BODILY iNJURY (Each Person)
BODILY INJURY (E=~ Ocmrre.ce}
PROPERTY DAMA(~E
BODILY INJURY & PROPERTY
DAMAGE COMBINED
ALL DAMAGES
$1,000,000$1,000,000
$1,000,000
$1,000,000
$1,000,000
AGGREGATE
$I,000,000$I ,000,000
$1,000,000
$1,000,000
=aTHE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED.
D.
E.F.
The City of PaiD Alto, its officers, agents and employees are named as additional insured, but only as to work performed under cortract. Saidcoverage as to the City of Paid Alto, etc., shall be primary coverage, wihout offset against City’s existing insurance and any other insurancecarried by the City being excess insurance only.
Where. the work involves grading, paving, excavating, drilling or other underground work, the policy includes destruction of wires, conduits,pipes, mains, or other similar property or any apparatus in connection therewith below the surface of the ground whether owned by thirdparties or the City of PaiD Alto.
Where the work involves excavating, collapse coverage is provided in the amounts above.The policy includes a "Severability of Interest" provision.Deductibles over $5,000 must be indicated and are subject io approval.
If such policies are canceled orchanged during the period of coverage as stated herein, in such a manner as to affect the Certificate, thirty(30) days written notice will be mailed to the City of PaiD Alto, Contract Administration, P.O. Box 10250, 94303.
The liability insurance policy includes a contractual liability endorsementproviding insurance coverage for Contractor’s agreement to indemnify
the City.The coverage afforded under the policies is subject to all terms of the policies designated herein and meets all of the provisions called
for herein.DATE: July 2, 1998 CONTRACT MANAGER:
Johnella Williams (650) 329-2300
ALL INSURANCE COVERAGE REQUIRED SHALL BE PROVIDED THROUGH CARRIERS WITH A BEST,,RATING OF
A: VII OR HIGHER THAT ARE ADMITTED TO DO BUSINESS IN THE STATE OF CALIFORNIA.
END OF SECTION
EXHIBIT D
CITY OF PALO ALTO: INSURANCE ~EO, UIREMENT~ (102370)SECTION 00650
ATT. ACHMENT E
City
IU
City of Palo Alto
Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
MAY 4, 1998 CMR:214:98
DOWNTOWN PUBLIC RESTROOMS - APPROVAL TO
NEGOTIATE AGREEMENT WITH JCDECAUX FOR
INSTALLATION AND MAINTENANCE OF
AUTOMATIC PUBLIC TOILETS
RECOMMENDATION
Staff recommends that Council authorize staff to negotiate with JCDecaux for the
installation of two automatic public toilets (APT), based on information assembled by the
City of San Jose in its Request for Proposal process. Staff intends to place the two units at
Lytton Plaza and Parking Lot D, if approved.
BACKGROUND
In July 1997, staff presented variOus alternatives for providing restrooms in the downtown
area, (CMR:311:97). These options included the rental of portable restrooms, use of
restrooms in downtown City-owned facilities, construction of a wood-framed permanent
restroom facility, installing a prefabricated restroom facility, purchasing/leasing automatic
public toilets, and including permanent public restrooms in the design of new downtown
development and parking structures.
Automatic Public-Toilets. (APT) are modem restroom facilities that were popularized in
Europe, and have now been adopted in some U.S. cities, including San Francisco and San
Jose. These coin/token operated systems are completely self-contained, providing the user
with a sanitary environment at each use, 24 hours per day. The units are maintained daily
by technicians provided by the manufacturer, and are A.DA-approved facilities that can
visually blend into the physical street environment. The units do require city utilities in the
form of water, sanitary sewer, electricity, and telephone.
While researching the alternatives, staffwas contacted by the City of San Jose regarding Palo
Alto’s interest in a joint program for APTs. They had evaluated a number of proposals
received from two earlier Request for Proposals (RFPs), and were at that time preparing a
draft agreement with the firm of JCDecaux for the installation and maintenance of
approximately six APTs.
CMR:214:98 Page 1 of 5
The 1996 City o.f San Jose RFP requested a no-cost-to-City option through the use of
advertising to cover the cost of the APTs. Only two proposals were received by the City in
response to this RFP. One proposal was considered non-responsive, since it involved a lease
option, and one proposal offered a high ratio of advertising structures to APTs (17 to 1).
Both proposals were rejected by the City of San Jose.
The second City of San Jose RFP included Consideration of options to lease or purchase the
APTs, and requested costs for various quantities of APTs. In addition, City of San Jose staff
researched the feasibility of involving other South Bay cities and agencies in a joint
maintenance agreement for the APTs to offset the high maintenance and operations costs.
On March 12, 1997, the second City of San Jose RFP was distributed to five firms, known
manufacturers of APTs.
Three written proposals were received on April 25, 1997:
JCDecaux San Francisco, Inc.
Collishaw Construction Inc.,
Strategic Technologies International, Inc.
Following evaluation of the written proposals, the three proposers were asked to attend an
oral interview with the evaluation panel. The purpose of the interview was to allow the
evaluation panel to expand on questions asked in the proposal, and give the proposers an
opportunity to present .their product and services. The panel subsequently selected
JCDecaux. Considerations favoring the JCDecaux proposal include: extensive experience
internationally and locally (San Francisco); the appearance and design of the APT; the
material quality of the APT; the close proximity of the central control system to San Jose,
improving the opportunity for responding to system failures in a timely way; and the
emphasis that the firm places on a high standard of maintenance and service. The other
vendors did not have adequate experience in either construction or maintenance of APT units
within the United States..
In May 1997, the San Jose Redevelopment Agency was authorized to take the lead to
negotiate an agreement with JCDecaux to lease a minimum of six APT units for a term of
twenty years. This agreement was finalized on January 6, 1998. Installation is expected this
summer. Following the initial order, the San Jose Redevelopment Agency decided to install
one extra unit. An amendment to the agreement is currently in process.
The key points of the JCDecaux propo;al are as follows:
Supply and installation by JCDecaux of universally accessible, ADA-
compliant APTs.
CMR:214:98 Page 2 of 5
o Maintenance of the APT units by JCDecaux, with at least two visits per day
to each toilet by qualified technicians, including Saturdays, Sundays and bank
holidays. In addition, all of the toilets will be connected to the vendor’s
central computer for immediate dispatch of a technician in case of failure of
any systems.
The City pays all fees in connection with the acquisition of the necessary
permits for installation of the APTs.
The City pays for utility consumption including power, water, sewer and
phone.
Vandalism costs of up to $2,000 per unit per year are paid by JCDecaux.
Contract duration is 20 years..
Annual lease price is the price listed per number of units plus all applicable
taxes (escalated annually using the CPI index for California). The City of San
Jose annual pi’ice per unit is $61,500.
DISCUSSION
The City of San Jose substantially followed the Palo Alto RFP process in selecting
JCDecaux. Therefore, the City of Palo Alto may proceed with negotiations with the selected
vendor as provided for in Section 2.30.100 of the Municipal Code. City of Palo Alto staff
thoroughly reviewed the information made available by the City of San Jose staff, and
affirms that the selection of JCDecaux would be the best choice for Palo Alto. The key
factors supporting this decision include:
Local experience in the City of San Francisco and City of San Jose.
Benefit of scale - JCDecaux has advised Palo Alto staff that the annual unit
rate pricing quoted for the larger (7 APT unit) San Jose contract will be
extended to Palo Alto.
CMR:214:98
Timely automated maintenance response system.
High standard of cleanliness and customer satisfaction.
~Pleasing urban architecture of the APT units.
Small footprint of structure enabling the siting of APT’s to be more flexible.
Page 3 of 5
The estimated annual cost per unit will be $61,500 (plus tax) including installation and
maintenance. Two major issues that will be negotiated with the vendor include the
possibility of a trial period to lessen the impact of a 20 year lease and to seek the best price
for the Palo Alto APTs. Although the provision of public toilets Was not included in the
scope of the Downtown Urban Design Improvements Project (CIP #19608), strong support
for such facilities was expressed at the public workshops .and public hearings held during the
development and review of the project. Consequently, the Master Plan identified seven
potential locations. These were subsequently reduced by staff to two locations based on
discussions with Planning and Public Works staff, and the representative .from JCDecaux
regarding economics and typica! service areas for APTs.
Staff favors limited installation of APT units in separate and geographically suitable
locations near high use areas within the downtown. The recommended sites are Lytton
Plaza at the comer of University Avenue and Emerson Street, and Parking Lot D at the
comer of Hamilton Avenue and Waverley Street, opposite the Palo Alto Post Office. The
APT installation will be limited to two units in order to evaluate usage and public response.
Following a two-year trial period, staff will evaluate APT usage and make a recommendation
on whether to expand the APT program past that time.
ALTERNATIVES TO STAFF RECOMMENDATION
Altematives were discussed within CMR:311:97, which is attached to this report. The APT
alternative was further explored within the City of San Jose’s RFP and interview process,
which resulted in the selection of JCDecaux.
RESOURCE IMPACT
Following completion of negotiations with JCDecaux, staff will retum to Council with a
Budget Amendment Ordinance and annual lease agreement. Funding for the first year’s
lease will come from the Budget Stabilization Reserve; in future years, this expense will be
budgeted in the Public Works General Fund operating budget.
In another staff report in’this packet, (CMR’ 221:98),. staff tias provided.information on a
cooperative effort undertaken "with the Chamber of Commerce and Downtown property
owners to identify and implement an augmented maintenance program for the Downtown.
This. is envisioned to involve a public/private partnership in which certain of the costs of the
augmented maintenance program .would be borne by the City, and others would be
incorporated into a special tax district, contiguous with the Downtown. ,The formation of this
special tax district is anticipated to occur, with property owner approval, at the same time
that the Downtown parking structure would be scheduled for approval in November 1999.
In the discussions which have occurred relative to this public/private partnership, the
automated public toilets have been assumed to be a City expense."
CMR:214:98 Page 4 of 5
,f
POLICY IMPLICATIONS
The siting and installation of public restrooms in the Downtown area is consistent with the
Downtown Urban Design Improvements Master Plan and the Urban Design Element of the
Comprehensive Plan, Policy 5, "Encourage rehabilitation of aging retail areas to keep them
economically healthy."
TIMELINE
After completion of negotiations with the vendor, the agreement will be presented to
Council for approval. This is expected to occur this summer 1998. Concurrently, staff will
submit documentation for Architectural Review Board approval.
ENVIRONMENTAL REVIEW
Placement of public restrooms in the downtown area is categorically exempt from the
California Environmental Quality Act (CEQA)under Section 15303, (Construction and
location of small facilities and structures). The possible loss of one or two parking spaces
per public toilet location was addressed in the Negative Declaration prepared for the
Downtown Urban Design Improvements Master Plan certified by Council on August 11,
1997.
ATTACHMENTS
Attachment A: CMR:311:97 Approaches to Improve Quality of Life in the Downtown Area
Attachment B: Photograph of APT
PREPARED BY: Jim Harrington, Senior Engineer
DEPARTMENT HEAD: Z~ ~, ~
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: .
EMILY,--HARRiSON --
Assistant City Manager
CMR:214:98 Page 5 of 5
TO:
City
City of Palo Alto
Manager’s Report
HONORABLE CITY COUNCIL
ATTENTION:POLICY AND SERVICES COMMITTEE
FROM:CITY MANAGER DEPARTMENT: CommunityServices
AGENDA DATE: JULY 8, 1997.CMR:311:97
SUBJECT:APPROACHES TO IMPROVE THE QUALI,TY OF LIFE IN
THE DO\VNTOWN AREA
This report responds to the City Council’s request for information concerning the
development of a compt:ehensive approach to dovmtown needs (Attachment 1). This report
gives Council an update on staff’s efforts to explore public restroom options in the downtown
area and provides a review of the programs developed to address the issues surrounding
employment and shelter for the homeless. The report’also updates staffactivity as it relates
to many items addressed in the August 1, 1996, Report ofthe Homelessness Task Force of
Palo Alto (Attachment 2).
RECOMMENDATIONS
This report is informational only,
P_O_L/_C_Y_IM P LI C AT I ON S
This report does not represent any change to existing City policies.
BACKGROUND
On January 15, 1997, Council requested the development of policy direction in areas that
provided for improved quality of life in the downtown locality, including:
Providing rest.room facilities in the downtown area.
Providing training and short-term, transitional employment opportunities to the
homeless population.
Wor "king with other agencies to provide additional housing and shelter opportunities
for those who are homeless.
CNIR:311:97 Page 1 of 7
Restrooms
Staff is exploring various alternatives to provide public restroom facilities in the downtown
area. These include the rental of portable restrooms, use ofrestrooms in downtown City-
owned facilities, constructing a wood-framed permanent restroom facility, installing a
prefabricated restroom facility, purchasing/leasing automatic public toilets, and including
permanent public restrooms in the design of new downtown development and parking
structures.
Staff has not yet completed a detailed examination of the alternatives. After fully
investigating all options, including exploring how other cities have found solutions and
¯ completing a full cost analysis, staff will return to Council with a funding and
implementation plan in fall of 1997.
The following is a brief review of the alternatives being considered:
Portable toilets (Exterior finish: Fiberglass. Disposal: 250 gallon holding tank):
Although an inexpensive way to provide this service, these units can be aesthetically
unpleasing, difficult to keep sanitary, present odor issues,, and can be an attractive
nuisance for vandalism. The approximate annual rental cost is $480 per unit, with
an annual maintenance cost of $960 per unit. Total cost for three years would be
approximately $17,280 for four units. This option could be implemented in a 2- to
3-week period.
Modular trailer units (Exterior finish: wood siding. Disposal: sewer): These are
larger portable units that are on wheels. They are seismically braced and leveled on
asphalt, concrete or dirt. The disadvantage of these units is that they require a large
footprint due to the requirement of a disabled access ramp, which makes finding a
suitable location difficult. They are also an unattractive design, would need frequent
repairs at City cost, are an attractive nuisance for vandalism, and would require
connection of sanitary sewer, water utility, .electrical, and special paving.
The approximate unit cost is $16,500 for installation plus $21,000 in annual rental and
maintenance. The total cost for three years will be approximately $80,000 per unit.
Total time required to implement this option would be 2 to 3 months.
Use of downtown City facilities: Presently, the Civic Center and Downtown Library
restroom facilities experience fi’equent daytime use by the downtown population. The
Teen Center and Senior Center have been considered as possible alternatives, but
CMR:311:97 Page 2 of 7
these options create security and safety issues that may not be possible to remedy.
Approximate cost to expand this option is dependent on the hours of operation,
maintenance levels and staffing requirements.
Prefabricated permanent restrooms: (Exterior finish: Choice of exterior finishes
and roofing. Disposal: sewer): These are prefabricated, permanent, outdoor buildings
that have separate men’s and women’s restrooms with one toilet and sink in each.
_These facilities are ADA-approved and can be customized to blend into the physical
environment. (For instance, if in Cogswell Park, the exterior could be customized
with adobe style architecture to match the Senior Center.) This is a low-cost solution
that would add a permanent structure to the downtown area. The disadvantages could
include increased maintenance issues associated with an unmonitored facility, lh-nited
hours of use, depending on whether the facility is locked during evening and night
hours, and the structure could provide an attractive nuisance for vandalism.
The approximate, one-time cost for purchase, construction and installation is $65,000,
and $10,600 for armual maintenance consistingofone sen’ice per day. The time re-
quired to implement this option is approximately 8 to 12 months.
Wood-framed permanent restrooms: 03xterior finish: Plywood~Paint/Stucco.
Disposal: Sewer.) This option entails .construction of a permanent wood-fi’amed
restroom facility in the downtown area. The City of Mountain View has recently
hired a contractor to build such a facility in a park. The facility contains a men’s and
women’s room with a total of six toilet fixtures and two sinks. This option has
considerably higher construction costs than the prefabricated unit mentioned above,
but can be designed and customized to visually fit into a physical setting. This option
may also have a larger footpri~at .than other alternatives, making a suitable site more
difficult to find. Additionally., a permanent structure could require a high level of
maintenance to ensure sanitary conditions, and it may present an attractive nuisance
for vandalism.
The approximate cost to construct a permanent restroom facility is $150,000 for
design and construction and $10,600 for annual.maintenance consisting of one service
per day. This option could be implemented in 12 to 18 months.
Automatic Public Toilets (APT): (Exterior finish: Choice of exterior finishes that
can include murals, maps, art~vork, etc. Disposal: sewer): These are the systems that
were popularized in Europe and have now .been adopted in some U.S. cities, including
San Francisco. These coin/token operated systems are completely self-contained,
providing the user with a sanitary envirormaent at each use, 24 hours-per-day. The
CMR.:311:97 Page 3 of 7
units must be maintained daily by technicians provided by the manufacturer and
present ADA-approved facilities, that can visually blend into the physical street
environment. Other than cost, which is higher than other alternatives, this option has
very few disadvantages. A major advantage is that the City would be minimally
responsible-for repair and maintenance. The units do require Cit).’ utilities in the form
.of water, sewer, electricity, and telephone.
The approximate, annual per unit cost is $70-80,000 for lease and maintenance, or
$250,000 for per Unit purchase with no maintenance or repair included. There would
also be a one-time installation cost of approximately $40,000 per unit, The time
required to implement this Option would be 8 to 14 months.
The City of San Jose has recently advertised a request for proposal and
has received proposals from three vendors to supply APT units in their
downtown area. San Jose has proposed that Palo Alto and others citieg
make use of the San Jose research, and, if mutually beneficial, partner
with San Jose in the purchase, lease ancb’or maintenance of these systems.
Staff will continue to work with San Jose to ascertain the benefits of such
an arrangement:
Potential opportunities with downtown development’." Staff has also considered
exploring the potential opportunities that new downtown development represents.
Planning staff has strongly encouraged developers of downtown zone projects to
provide public restrooms asa public benefit. A possible scenario .is providing
incentives for developers to design exterior restroom facilities into new or renovated
buildings as a public/private partnership. Staff will continue to explore this option
and will return to Council with ;additional information, if the idea seems plausible.
Inclusion of restrooms in proposed parking structures: The newly proposed
parking structures in the downtown area can be designed to include permanent
restroom facilities or be adapted to contain the Automatic Public Toilets discussed
above. This may be an ideal long-term solution to this issue. The only disadvantages
could be an increased cost for maintenance. Cost is unknown at this time, and
implementation time would be approximately 3 years.
Possible sites for the location of restroom facilities have been detailed in the draf~ Master
Plan for Downtown Urban Design Improvements. The document suggests locations
including Parking Lot H at Cowper and Hamilton, Parking Lot T at Lytton and Kipling, City
Hall Plaza, Lytton Plaza and Cogswell Plaza.
CMR:311:97 Page 4 of"~
Employment Opportunities for the Homeless
During FY 1996/97, the City employed eight homeless persons through the Seasonal Jobs
for the Homeless Program, and is planning to hire an additional ten homeless or at-risk of
homeless persons-during FY 1997-98. Six homeless persons are employed through the
City’s and Urban Ministry’s collaborative "The Homeless Garden Project." The Urban
Ministry’s La~vn Service Project employs an additional four to six people. Through these
sources, 28 to 30 local homeless persons have gained employment within the last two years.
Future expansion or enhancements of the programs could occur by developing partnerships
with corporations, businesses, public entities and nonprofit institutions in the mid-peninsula
region. Outside agencies could fund either additional slots for the employment and training
program, or place graduated program participants into their operations. Other examples of
long-term program enhancements could include developing partnerships with Opportunities
Industrialization Center West of East Menlo Park and the Veterans Workshop Employment
Program in Menlo ’Park, which could assist in training and placement needs of program
participants.
Staffwill continue to examine these alternatives and return as additional recommendations
develop, as the second phase of the Seasonal Jobs for the Homeless Program is implemented.
Housing and Shelter for the Homeless:
The City is engaged in providing housing and shelter opportunities for the homeless and at-
risk of homeless population. The current inventory of available shelter that is funded through
Community Development Block Grant (CDBG) funds and Human Services Resource
Allocation Process (HSRAP) funding’is:
~: Provides 15 to 20 beds, depending upon size of participating rotating
churches, at no cost to the user.
t3..rff.gec.H.9.lN: 26 rooms from~ $350 to $433 monthly
Additional subsidies available for eligible participants
Housing Corporation
through Palo Alto
Future City-funded or partially City-funded shelter opportunities include:
ce (CMR:251-97): This is a communit3’ shelter on the
Menlo Park Veterans Administration grounds. Fort)" beds will be available for up to a
90-day stay andfive beds for up to 24 months. A series of program offerings will be
CMR:311:97 Page 5 of 7
made available to shelter occupants, including but not limited to: holistic case
management service; psychiatric counseling and mental health service; alcohol and drug
treatment services; vocational rehabilitation employment training and placement; and
general health care services. The opening ceremony is scheduled for Wednesday, July 9,
1997.
¯~: 106 rooms will be provided at an average of $375 per month. Some
additional subsidies will be available for eligible participants who partake in the Shelter
Plus Care Program. (Planned Opening: January 1998)
Additional private shelter opportunities include:
o Craig Hotel: 63 rooms from $30.80 (w/out bath) to $51.70 (w/bath) daily
¯Palo Alto Hotel: 59 rooms from $28 (w/out bath) to $34 (w/bath) daily
FISCAL IMPACT
In fall of 1997, when all restroom options have been fully explored, staff will return to
Council with an implementation and funding request.
ENVIRONMENTAL ASSESSMENT
An environmental assessment may be necessary once direction for installation ofrestroom
facilities has been determined.
ATTACHMENTS
January 15, 1997, Memorandum’to Council
Report..ofthe Homelessness Task Force of Palo Alto
PREPARED BY: Richard James, Administrator, Community Services Department
DEPARTMENT HEAD REVIEW: / o..~,,x’ / --.r..~ ~ .
PAUL THILTGEN
Director of Community Services
CMR:3 l 1:97 Page 6 of 7
CITY MANAGER APPROVAL:
E FLEMING
Manager
Human Relations Commission
Planning Commission
Chamber of Commerce
Downtown Marketing Committee
Downtown Urban Design Committee
Palo Alto Housing Corporation
Urban Ministry
CMR:311:97 Page 7 of 7
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1998-99 TO
PROVIDE AN ADDITIONAL APPROPRIATION OF $106,000 FOR THE
RENTAL AGREEMENT WITH JCDECAUX TO INSTALL AND MAINTAIN
AUTOMATIC PUBLIC TOILETS
WHEREAS, pursuant to the provisions of Section 12 of Article
iII of the Charter of the City of Palo Alto, the Council on June
22, 1998 did adopt a budget for fiscal year 1998-99; and
WHEREAS, in May 1998, Council authorized staff to negotiate
with JCDecaux for the installation and maintenance of automatic
public toilets; and
WHEREAS, agreement has been reached with JCDecaux on a 20 year
rental agreement for installation and maintenance of two automatic
public toilets with a first partial year rental cost of $45,500,
along with $60,500 in other one-time costs such as utility
installation, foundation preparation, display design and a small
contingency; and
WHEREAS, the annual on-going rental payments start at $123,000,
plus sales tax for two units and increase annually by the San
Francisco/Oakland CPI, less the collection of revenues from paid
users; and
WHEREAS, City Council authorization is needed to amend the
1998-99 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. The sum of One Hundred Six Thousand Dollars
($106,000)) is hereby appropriated to non-salary expenses in the
Structures and Grounds Functional Area in the Public Works
Department, and. the Budget Stabilization is correspondingly reduced.
SECTION 2. This transaction will reduce the
Stabilization Reserve from $15,946,579 to $15,840,579.
Budget
SECTION 3 As specified in Section 2.28o080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 4. This project has been determined to be
categorically exempt under Section 15303 of the California
Environmental Quality Act. The possible loss of one or two parking
spaces per public toilet location was addressed in the Negative
Declaration prepared for the Downtown Urban Design Improvements
Master Plan, and approved by Council on August ii, 1997.
SECTION #. As provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Director of
Services
Administrative
Director of Public Works
S : \ASD \ BUDGET \ 9 8 9 9BU~ 1 \ 9 9 BAO- 1 \ WORDPERF \ APTJCDEC. WPD
Attachment G
Budget Amendment Ordinances Impacting General Fund Reserves Approved To Date in 1998-99
Estimated Beginning Budget Stablization Reserve (BSR)
Balance
Placeholders
Net Cost Already in the
1998-99 Adopted
Budget
Impact on the
General Fund
BSR
$19,050,000
Estimated Future
Year Ongoing
Costs
Reduction in Rental Income from Utilities Due to Relocation of
Utilities Engineering and Creation of Capital Improvement Project
19921, Relocation / Consolidation of Level A Storage
Increase in the City’s Annual Rental Payment to the Palo Alto
Unified School District for Lease and Covenant Not to Develop for
an Extended Day Care Center at the New Hoover School Site
Salary and Benefit Increases Retroactive to May 1, 1998 for
Classified Personnel (SEIU) *
Salary and Benefit Increase Retroactive to July 1, 1998 for Police
Personnel
Addition of Five Full-Time Positions and Associated Resources to
the Planning and Community Environment Department
Interim Historic Inventory Consultant
Interim Historic Regulations Administration
Phase 1 - San Francisquito Creek Bank Stabilization and
Revegitation Study
Reclassification of CDBG Position to Senior Planner Position
Acquire Leased Space and Cover Associated Support Costs for a
One-Stop Development Center at 285 Hamilton Avenue
Recruitment Assistance
Formation of Library Advisory Commission
Golf Course Clubhouse and Related Improvements
Salary and Benefit Increases Retroactive to July 1, 1998 for
Management and Confidential Employees
Emergency Repairs (Basements, Creek, Arastradero Pres.)
Council Chambers Refurbishing Capital Project Number 19625
Emergency Management Plan Impelmentation
Automatic Public Toilets
($231,700)($231,700)($221,000)
($34,792)($34,792)($36,000)
($260,000)($260,000)($702,000)
($182,200)($182,200)($265,000)
($488,364)$300,000 ($188,364)($410,743)
($437,400)($437,400)
($269,600)($269,600)
($112,500)($112,500)
($7,400)($7,400)
($507,000)($507,000)
($60,000)($60,000)
($22,500)($22,500)
$33,430 $33,430
($334,000)($334,000)
($142,895)($142,895)
($238,000)($238,000)
($308,500)$200,000 .($108,500)
($106,000)($106,000)
($37O,0O0)
($14,280)
($624,900)
$294,000
$140,000
($3,709,421),’$500,000 ($3,209,421) ($2~09,923)
BSR Balance After BAO’s $1~840,579
* The estimated increase for the SE1U agreement in1999-2000 is the cumulative increase beyond the 1998-99 Adopted Budget.
01/20/99