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HomeMy WebLinkAboutDOWNTOWN INC. (6)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 04o/05/702o CLERK OF COUNCIL A-2019-231 DATE•. O:C.d4�L1lVltc wslvo-iurdrn4l `1'' 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 P 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. 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 P,yhg O. ge Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDG City Manager DOWNTOWN INCORPORATED, INC.: Ryan Chase President Tax ID# 26-4051 161 Budget & Scope of Service Downtown Clean & Safe Program 2020 January 1, 2020 - December 31, 2020 I. BUDGET Proposed Clean and Safe Budget Activity Cost Litter Maintenance S 280,680 Power Washing S 116,796 -Security Guards $ 102,524 Total $ 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. Page 1 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 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 5s' street south side of street • 200 East 5's street south side of street • 100 West Santa Ana Boulevard north side of street • 200 East Santa Ana Boulevard north side of street III. 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. B. POWER WASH SIDEWALKS All gum, dirt, grime, oil, stains and other fluids shall be removed from the sidewalls by using power washing equipment. 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 Ss' street south side of street • 100 West Santa Ana Boulevard north side of street • 200 East Santa Ana Boulevard north side of street I&7 061VAI:1;aii/ . 5i", @0wo Alleys are to be cleaned of a debris, bum, dirt, grime, oil, stains and other fluids. The following are alley locations within the Downtown: 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. SECURfFY 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 Page 4 of 5 N'I. AREA OF SERVICE Santa Ana Business Improvement District. u u u avlca;rtcR DR. cicl+m :T Ll 111:1 SANrA 0.NA ❑ � e FIFiH 4. FOURTH ST. ❑ El 1:1 E Santa Ana Business Improvement District C1[ Q Blo Boundaries d Paee 5 of 5 a`c`.�izn CERTIFICATE OF LIABILITY INSURANCE DATE 0 /02/2o 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Eddie QUlllares Jr. CONTACT _ "Ail Eddie Oulllares State Farm Agency FA _(kc.Ne.EM1: 714,617?t50... _ - _ Atc Ne1LZ 14,617 7158 415 N. Broadway EMAIL _nPORESS:eddie@eddleginsurancecom Santa Ana, CA 92701 INSURERS) AFFORDING COVERAGE NAIC N INSURER A Stale Farm General Insurance Company 25151 INSURED DOWNTOWN INCORPORATED INSURERa;. Slate Farm Fire and Casualty Company _ 25143. 204 E 4TH STE STE T INSURER c SANTA ANA, CA 92701-4668 INSURER D: _ INSURER E : _ INSURER F: COVERAGES CERTIFICATE NUMBER: 75-n4511 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN8R ADD0Sf1en POLICYEFF- POLmvYE—" LTR TYPE OF INSURANCE NqR I wVn POLICY NUMBER IMMIDDIYYYYV (MWODWWILIMITS GENERAL A LIABILITY IF—Y Y 92•CE-0933.0 0e/05/2019 O610512020 EACH OCCURRENCE S 1.000,000 X I COMMERCIAL GENER�AL LIABILITY DAMAGE TOTO RENTED PREMISES 300,000 CLAIMS -MADE `^I OCCUR MEDEXP(Anyoopeson) $ 5,000 PERSONAL& ADV INJURY _S 1,000,000 _ GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIMIT APPLIES PER PRODUCTS -COMP_/OP AGG $ 2,000,000 x POLICY PRp7 LOC 3 AUTOMOBILE LIABILITY 6215237-F28-75 0612812019 12128/2019 COMBINED SINGLE IMR ANY AUTO BODILY INJURY (Per parson) s 1.000.000 ALL AUTOS OWNED X SSCH OLEO j BODILY INJURY Pill accident) 8 1,000,000 NON -OWNED PROPENE! DAMAGE $ 1,000,000 HIRED AUTOS AUTOS (Per acndpn) Deductible S 250 A X UMBRELLA LIAB X I OCCUR Y Y 92-CE-O781-7 O6/OS/20t9 Ofi105f2020 EACH OCCURRENCE — --—.. _- s 1.000,000 EXCESBLIAB CLAIMS -MADE AGGREGATE $ 2,000,0([0 LED %� RETENTIONS 10,000 s B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- IOTH 92-GA-H506.1 06105/2019 06/05/2020 1 1 TORY LIMITS X ER 1,000,000 YIN ANY PROPRIETORIPARI NEFUEXECUTIVE EXCLUDED? V❑ NIA Y ❑ IEI EACHACCIDENi $ 1,000,000 - OFFICEIMEMBER IMandalorYleNH) EL DISEASE - EA EMPLOYE, 5 1,000,000 II yes, de cl under OF QPFRA11QNS bein, E.L DISEASE -POLICY LIMIT I S 1,000,ODO A FIDELITY BOND Y _DESCRIPTION �Y 92-WV-6044.5 1010312018 10/0312019 BONO-AMOUNT s 500,01ND DESCRIPTION OF OleERATIONSI LOCATIONS I VEHICLES (Aitach ACORDIBI,Addibanal Remarks Schedule,itmarespaselanq.1rvdl REVIEWED & APPROVED Scheduled Auto: 2002 GEM 825 PICKUP VIN: 5ASAK27492FO28166 By RISk MANAQENIENT DIVISION City of Santa Ana its officers , agents, employees and volunteers are named as additionally Insured, Additional Insured endorsement issued for certificate holder with waiver of subrogation and non-contributory UG 02 2019 Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation A7 er,c,rn7•e um nee rAMrri I ATInM • •-• -• -- — •-• • ••--- ^-_, - CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN RISK MANAGEMENT DIVISION ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA 4TH FL AUTNOft12ED REPRESENTATIVE SANTA ANA, CA 92702 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 FE-6609 POLICY NUMBER: WORKERS COMPENSATION 92-GA-H506-1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US Policy Number: 92-GA-H506-1 Named Insured: Downtown Inc SCHEDULE OF PERSON OR ORGANIZATION: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Information required to complete this Schedule, if not show above, will be The following is added to Paragraph III of SECTION 1 AND SECTION II — COMMON CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for any injury arising out of: a. Your ongoing operations; or b. Your work done under contract with that person or organization and included in the products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other policy provisions apply. FE-6671 REVIEWED & APPROVED By Risk MANAGEMENT DIVISION ©, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission AUG / 02 n2019 ftbomQm- FRANCINE R. VILLAREAL IN FE-6609 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 92-CE-Q933-0 Named Insured: DOWNTOWN INC Additional Insured (include address): CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. ® The Primary Insurance coverage below applies only when there is an "X" in the box. Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. REVIEWED & APPROVED By Risk MANAGEMENT DIVISION FRANCINE R. VILLAREAL