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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2018 TITLE: APPROVE A FIRST AMENDMENT TO THE DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT WITH DOWNTOWN INC. (STRATEGIC PLAN NO. 3,4A) CITY WANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 20d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a First Amendment to the Downtown Clean and Safe Program Services Agreement with Downtown Inc., in the amount of $500,000 for the period of January 1, 2019 through December 31, 2019, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 31, 2013, the City executed a Settlement and Release Agreement with Downtown Inc. to fund the downtown's Clean and Safe program for three years in an amount of $400,000 per year. The terms of the Agreement automatically renewed each year. On January 10, 2018, the City terminated the Settlement and Release Agreement and executed a new agreement for Downtown Clean and Safe Program Services with Downtown Inc. in the amount of $500,000 per calendar year that such funding is approved by the City Council. Funds for the program are made available through increased revenue from the Downtown Enhancements and Parking Modernization Plan approved by City Council on August 4, 2015. As part of the plan, downtown business associations and stakeholders agreed to an increase in parking rates and the implementation of new smart meters in the downtown with the understanding that the increased revenue would be reinvested back into the downtown for modernizing parking structures, enhancing amenities, and addressing deferred maintenance. The 2019 Downtown Clean and Safe Program (Exhibit 1) aligns with the Downtown Enhancements and Parking Modernization Plan's intent to enhance amenities in the downtown. It provides daily litter maintenance, power washing, and security services to the downtown Business Improvement Area. Additionally, the service area for all Clean and Safe services will include the future Skate Park in Downtown Santa Ana, in an alley located behind the parking structure on the southwest corner of French and Spurgeon. These crucial maintenance service 25R-1