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Home My WebLink AboutDOWNTOWN INCORPORATED, INC�. 1„ o! ;! � —.s CUsh' o earl ev\ag){z} THIRD AMENDMENT TO THE DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT A-2020-254 EXHIBIT 1 THIS THIRD AMENDMENT TO THE DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT is entered into this 15`h day of December, 2020, 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 .Canary 10, 2018, the City entered into the Downtown Clean and Safe Program Services Agreement #A-20t7-325 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 a set amount of funding 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 finding for 2019. C. On December 3, 2019, the City entered into a Second Amendment to said Agreement with DTI in order to extend the term and add funding for 2020. D. The City hereby approves an additional $400,000 for downtown Clean and Safe Program services for use by DTI in 2021 pursuant to the terms and conditions of said Agreement. E, In accordance with the terms and conditions of said Agreement, the parties desire to amend said Agreement to extend the term of said Agreement, amend the Scope of Services, and add an additional $400,000 for downtown Clean and Safe Program services for the extended tone 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: 1. Pursuant to the terms of said Agreement, the City Council approved an additional $400,000 for downtown Clean and Safe Program services for the 2021 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, 2021, unless terminated earlier in accordance with sections 4.02 or 4,05 below." EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have executed this Approval and Amendment to said Agreement the date and year first above written. ATTEST: rDAISY GOMEZ Or Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attomey Ryon O.,Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RJDGE City Manager DOWNTOWN INCORPORATED, INC.: Ryan Chase President Tax ID# 264051161 i EXHIBIT 1 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 tilled 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�ttmanner 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) 0 400 West Fourth Street (south alley) IV 1/ • 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: • 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 FOnrth Street (south alley) STAFFING A. Litter Team oF7 Workers: Monday - Sunday 7:00 AM to 9:00 PM B. Power Washing Team of 3 Workers: Monday - Sunday 4:00 AM to 10:00 AM AREA OF SERVICE Santa Ana Business 6nprovement District 10 Ffl -1 1:11E] F] D�k --� = E1 ❑ fan ❑-� ❑ ❑ �, „ sccaon II s� Santa Ana Business Improvement District I =a"°°°°°.°„ EXHIBIT 1 Digitally signed by Francine R. Francine R. Villareal Villareal a us �C_E _—(_—D E(MMI2020YY)_— 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 Qulllare6 Jr. CACT NAME: Eddie QUIIIareS PHON e t 714.617.7150. ac No 714 617.715 State Farm Agency 415 N. Broadway Santa Ana, CA92701 nooRESS: eddle ci addle insurance.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: State Farm General Insurance Company 25151 INSURED DOWNTOWN INCORPORATED INSURER B: State Farm Fire and Casualty Company 25143 INSURER C; 204 E 4TH STE STE T INSURERD: SANTA ANA, CA 92701-4668 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 75-0450 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY SEE MMIDDNYYY POLICY EXP MWEIDIWYY LIMITS A GENERAL LIABILITY Y Y 92•CE-g933.0 06/05/2020 0610512021 EACH OCCURRENCE $ 1,000,000 PREMISES Fri occur ante $ 300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR MED EXP (Any one person) $ 5,000 PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 2,000,000 X POLICY PRp- LOG $ AUTOMOBILE LIABILITY ❑ ❑ 621 5237-F28-75 06/2812020 12/28/2021 COMA Eaa aoclarad) NGLE LIMIT $ BODILY INJURY (Per person) $ 1,000,000 ANY AUTO ALL OWNED x SCHEDULED AUTOS AUTOS BODILY INJURY(Peraccident) $ 1,000,000 PROPERTY DAMAGE Per accident $ 1,000,000 HIRED AUTOS X NON -OWNED AUTOS Deductible $ 250 A X UMBRELLA LAB )( OCCUR Y Y 92-CE-Q781.7 0610512020 06/051202, EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DEO I x I RETENTION$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICEIMEMBER EXCLUDED? Y� (Mandatory In NH) NIA Y FYI 92-GF-S797-1 06/05/2020 06/05/2021 We STATU- X 0EH 1,000,000 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 /Yes, describe under DESCRIPTION OF OPERATIONS W, A FIDELITY BOND ❑Y ❑Y 92-WV-6044-5 10/03/2020 10/03/2021 BOND -AMOUNT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Scheduled Auto: 2002 GEM 825 PICKUP VIN: 5ASAK27492FO28166 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. Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA 4TH FL SANTA ANA, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 3 s RISkMclwgzlnmLDAtiefaR ,q REVIEWED & APPROVED, BY: fAb Y+SRuk Management Analyst A FE-6609 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 92-CE-0933-0 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. y RlislcWMnrvncrMPp DOvVIL s 1-1 AN LAREAL.LAl1tL �{ wakn�,,.gemnto�w� BE\AE D&APPROvm BV: Risk Management Analyst MEMORANDUM To: Kristine Ridge, City Manager Date: November 20, 2020 From: Julie Castro -Cardenas, Economic Development Specialist II Subject: Agreement — Downtown Inc. Clean & Safe Program Attached is the 3rd Amendment to the Downtown Inc. Clean & Safe Program for Downtown Santa Ana. Downtown Inc. will be responsible for cleaning the Downtown area from January 1, 2021 through December 31, 2021 in the amount of $400,000. The contractor invoices the City on a quarterly basis. p Should you have any questions or concerns, feel free to contact me at (714) 673-3619 or via email at icastro-cardenas@santa-ana.org