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Home My WebLink About25D - 2ND AMENDEMNT WITH DOWNTWON INCREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2019 TITLE APPROVE A SECOND AMENDMENT TO AGREEMENT WITH DOWNTOWN INC. IN THE AMOUNT OF $500,000 TO PROVIDE CLEAN AND SAFE PROGRAM FOR DOWNTOWN SANTA ANA {STRATEGIC PLAN NO. 3, 4A} /s/Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 si Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO �1��►1�1�1:3q:7 RECOMMENDED ACTION Authorize the City Manager to execute a Second Amendment to the Downtown Clean and Safe Program Services Agreement with Downtown Inc. (DTI) in the amount of $500,000 for the period of January 1, 2020 through December 31, 2020, 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 Clean and Safe Program Services with Downtown Inc. in the amount of $500,000 per year. The Downtown Clean and Safe Program provides daily litter maintenance, power washing, and security services to the downtown. These crucial maintenance service beautify the downtown district and enhance the image of the commercial core (Exhibit 1). The activity is designed to enhance customer experience, increase commerce, and help to attract and retain new businesses within the district. Funds for these services are made available through increased revenue from patrons that park in the downtown. Staff recommends that the City Council approve the second amendment to the Downtown Clean & Safe Program Agreement with Downtown Inc. in order to maintain a clean and safe downtown area for residents, businesses and visitors. The Clean & Safe Program has the ability to address maintenance issues, mitigate homelessness impacts, and provide a welcoming downtown area for the City. 25D-1 Second Amendment to Clean and Safe Agreement December 3, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #3 - Economic Development, Objective 4 (Continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy A (Provide a safe and inviting public environment in the downtown (including the Wellness Corridor) through enhanced amenities, improved wayfinding and engaging street/sidewalk design and lighting). FISCAL IMPACT Funds in the amount of $250,000 are available in the Downtown Enhancements and Parking Modernization Plan account (no. 02710133-62300) for expenditure in FY 19-20 for the first six months. The remaining $250,000 will be budgeted in the FY 20-21 budget. Steven A. Mendoza Executive Director Community Development Agency Exhibits: 1. Budget and Scope of Service 2. Second Amendment APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 25D-2 Budget & Scope of Service Downtown Clean & Safe Program 2020 January 1, 2020 - December 31, 2020 I. BUDGET BudgetProposed Clean and Safe Activity Cost Litter Maintenance $ 280,680 Power Washing $ 116,796 Security Guards $ 102,524 Total I $ 500,000 II. SCOPE OF SERVICE - LITTER MAINTENANCE A. PICK UP LITTER AND WASTE "Litter" is defined as, but is not limited to, boxes, cans, papers, containers marked "trash" (or are obviously trash), unwanted or useless materials, or rejected matter. "Waste" includes, but is not limited to, gum, food remains, sewage, excrement, grease, dust, dirt, decals, liquid or dried matter, oily or sticky substances, and graffiti, etc. Remove litter from all outside surfaces including, but not limited to, sidewalks, streets, curbs, planters, tree grates, and store entries. All litter from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. Waste shall be removed from all outside surfaces including, but not limited to, sidewalks, streets, curbs, planters, tree grates, store entries, and trash receptacles. All waste from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming soiled by such waste. Waste removal shall be accomplished by the complete and thorough removal of said substances from the area not by moving it from one surface to another or covering said substances with sand or similar materials. B. CLEAN AND EMPTY TRASH CANS All trash containers within the BID shall be emptied and cleaned. Trash including, but not limited to, boxes, cans, papers, and other containers marked "trash" (or are obviously trash) shall be removed, along with the liner. All trash from such trash receptacles shall be removed from the BID and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. 2 5 D-3 Page t of 5 All trash containers shall be emptied three times per day on a routing basis (morning, early afternoon and evening). Additionally, any trash containers that may become filled prior to the scheduled routing cleaning, particularity between the hours of 11:00 a.m. and 4:00 p.m. daily, shall be emptied as needed. Trash containers should never have accumulated trash or waste above the level of the container. Whether full or not, container shall be emptied and cleaned if it is omitting a foul, rancid, or putrid odor or showing signs of insect or rodent infestation. Insert new liners into trash containers, securing said liners in such a manner as to present a neat uniform appearance and replacing container lids in their correct position. Using a clean cloth or rag, and germicide detergent solution, remove all waste including, but not limited to, gum, food remains, sewage, excrement, grease, dust, dirt, decals, liquids, dried matter, oily or sticky substances, and graffiti, etc. from the surface of trash containers. Cleaning shall be accomplished by the complete and thorough removal of said substances from the area not by moving it from one surface to another or covering said substances with sand or similar materials. This includes, but is not limited to, the cleaning of the immediate area surrounding the trash containers. C. CLEAN OUTDOOR BENCHES, BOLLARDS AND LIGHT POLES All benches, bollards and light poles within the area shall be cleaned on a regular basis using clean cloths and a detergent solution. Remove all waste including, but not limited to, gum, food remains, excrement, grease, dust, dirt, litter, liquids, dried matter, decals, sticky substances, graffiti, etc. leaving object in "like new" condition. The immediate area surrounding the object shall be cleaned in the same manner. D. CLEAN ALLEYS Alleys shall be clear of trash, waste, shopping carts, pallets, leaves, and excrement. Shopping carts shall be picked up and taken to shopping center parking lot. Boxes shall be flattened and placed securely in trash container in such a manner as to not protrude excessively. Excrement shall be picked up and disposed of properly, and area washed down with proper germicidal solution. The following are alley locations within the Downtown: • 100 East Fourth Street (south alley) • 200 East Fourth Street (south alley) • 300 East Fourth Street (north and south alley) • 100 West Fourth Street (south alley) • 200 West Fourth Street (south alley) • 300 West Fourth Street (south alley) • 400 West Fourth Street (south alley) E. CLEAN BUS STOPS Bus stops shall be cleared of waste, litter, shopping carts, leaves, and excrement. Trash containers should never have accumulated trash or waste above the level of the container opening. Trashcan 2 5 D-4 Page 2 of 5 liners shall be replaced accordingly. Excrement shall be picked up, disposed of properly, and area washed down with proper germicidal solution. The following are bus stop locations within the Downtown: • 400 North Main west side of street • 300 North Main east side of street • 200 West 5t' street south side of street • 200 East 5s' street south side of street • 100 West Santa Ana Boulevard north side of street • 200 East Santa Ana Boulevard north side of street HI. POWER WASH A. POWER WASH PROCESS "Power wash" is defined as the simultaneous mechanical removal of materials or pollutants from the surface for the pavement, through application of water under pressure with elevated temperatures used in the cleaning process and collection of waste and water. Process used shall leave the area clean and free from stains and of all loose, embedded materials including chewing gum. The cleaning process must not damage the concrete surfaces or the brick paver surface. All gum must be removed from the paver, concrete and other sidewalk surfaces. All gum, dirt, grime, oil, stains and other fluids shall be removed from the sidewalls by using power washing equipment. C. POWER WASH BUS STOPS Bus stop areas are to be cleaned of all debris, bum, dirt, grime, oil, stains and other fluids. The following are bus stop locations within the Downtown: • 400 North Main west side of street • 300 North Main east side of street • 200 West 5s' street south side of street • 200 East 5s' street south side of street • 100 West Santa Ana Boulevard north side of street • 200 East Santa Ana Boulevard north side of street D. POWER WASH ALLEYS Alleys are to be cleaned of a debris, bum, dirt, grime, oil, stains and other fluids. The following are alley locations within the Downtown: 2 5 D-5 Page 3 of 5 • 100 East Fourth Street (south alley) • 200 East Fourth Street (south alley) • 300 East Fourth Street (north and south alley) • 100 West Fourth Street (south alley) • 200 West Fourth Street (south alley) • 300 West Fourth Street (south alley) • 400 West Fourth Street (south alley) IV. SECURITY A. SECURITY ROLES Patrol, handle calls for service, check for any hazards or safety issues and either mitigate the issue or report it to the proper authority, provide escorts as needed for safety precaution, act as first responder to any emergency situation, conduct investigations as necessary of assigned property and prepare a detailed, accurate and complete report, and communicate with parking structure security guards to share security issues and concerns. V. STAFFING A. Security Team of 4 Guards: Monday - Friday 8:00 AM to 12:00 AM Saturday - Sunday 10:00 AM to 12:00 AM B. Litter Team of 7 Workers: Monday - Sunday 7:00 AM to 9:00 PM C. Power Washing Team of 3 Workers: Monday -Thursday 10:00 PM to 4:00 AM Saturday & Sunday 4:00 AM to 10:00 AM 2 5 D-6 Page 4 of 5 VI. AREA OF SERVICE Santa Ana Business Improvement District. T N RRsr s T r II FTI ❑ ❑ SECOND ST. T9ZE-T-] ❑m❑ Santa Ana Business Improvement District Q BIOBoundaries 25D-7 Page 5 of 5 EXHIBIT 2 SECOND AMENDMENT TO THE DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT is entered into this Yd day of December, 2019, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and Downtown Incorporated, Inc., a California non-profit corporation ("DTI"). RECITALS A. On January 10, 2018, the City entered into the Downtown Clean and Safe Program Services Agreement #A-2017-325 with DTI to fund the downtown's Clean and Safe Program, which includes a security team, a litter team, and a power washing team ("said Agreement"). The intent of said Agreement is for DTI to receive $500,000 for downtown Clean and Safe Program services each calendar year that such funding is approved by City Council. B. On December 18, 2018, the City entered into a First Amendment to said Agreement with DTI in order to extend the term and add funding for 2019. C. The City hereby approves an additional $500,000 for downtown Clean and Safe Program services for use by DTI in 2020 pursuant to the terms and conditions of said Agreement. D. In accordance with the terms and conditions of said Agreement, the parties desire to amend said Agreement to extend the term of said Agreement and add an additional $500,000 for downtown Clean and Safe Program services for the extended term of said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Pursuant to the terms of said Agreement, the City Council approved an additional $500,000 for downtown Clean and Safe Program services for the 2020 calendar year to be utilized by DTI pursuant to the terms of said Agreement. 2. Section 1.03, Term of Services Agreement, shall be amended to read as follows: "This Services Agreement shall commence on the date first written above and terminate on December 31, 2020, unless terminated earlier in accordance with sections 4.02 or 4.05 below." 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. 25D-8 EXHIBIT 2 IN WITNESS WHEREOF, the parties hereto have executed this Approval and Amendment to said Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney RyW O. ge Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager DOWNTOWN INCORPORATED, INC.: Ryan Chase President Tax ID# 26-4051161 25D-9