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HomeMy WebLinkAboutDOWNTOWN INC. (5)DEC 2 0 191, INSURANCE ON FILE WORT, i,n1 �_ D UNTO 12.2� ,>ES r'LL( DKE 0': CID R(fUIItCAStYD)W-TI. FOURTH AMENDMENT TO THE DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT A-2021-234 THIS FOURTH AMENDMENT TO THE DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT is entered into this 7 h day of December, 2021, 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 ("DTP'). 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 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 (#A- 2018-303) with DTI in order to extend the term and add funding for 2019. C. On December 3, 2019, the City entered into a Second Amendment to said Agreement (#A- 2019-231) with DTI in order to extend the term and add funding for 2020. D. On December 15, 2020, the City entered into a Third Amendment to said Agreement (#A- 2020-254) with DTI in order to extend the term and add a reduced funding amount of $400,000 for 2021 due to revenue shortfalls contributed by the pandemic. E. The City hereby approves an additional $500,000 for downtown Clean and Safe Program services for use by DTI in 2022 pursuant to the terms and conditions of said Agreement, as amended. F. In accordance with the terms and conditions of said Agreement, the parties desire to amend said Agreement to revise the financial reporting requirements, extend the term of said Agreement, add an additional $500,000 for downtown Clean and Safe Program services for the extended term of said Agreement, and amend said Agreement to update the services to be provided. 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 2022 calendar year to be utilized by DTI pursuant to the terms of said Agreement. A-2021-234 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, 2022, unless terminated earlier in accordance with sections 4.02 or 4.05 below." 3. Section 2.01, Clean and Safe Program Services, shall be amended to include cleaning, maintenance, and repair of the City's eleven (11) Parklets, and the set-up/break-down of traffic control plans (street closures) for City Co -sponsored events, as provided in Exhibit A to this Fourth Amendment to the Agreement. 4. Section 2.04, Bi-Annual Financial Statement and Audit, shall be amended and replaced in its entirety as follow: §2.04 Quarterly Financial Statements Every three (3) months (March 31, June 30, September 30, and December 31), DTI shall submit to the City Manager a financial statement and expense report of DTI's Clean and Safe Program expenditures. 5. Except as hereinabove modified, the terms and conditions of said Agreement, as amended, 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. DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: Sonia lho *ore� City o � 0 Ryan O.1 Assistant RECOMMENDED FOR APPROVAL: a M STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA RATS TINE GE City Manager DOWNTOWN INCORPORATED, INC.: Ryan Chase President Tax ID# 26-4051161 Exhibit A - Scope of Services Downtown Clean & Safe Program 2022 January 1, 2022 — December 31, 2022 I. BUDGET EXHIBIT 1 Proposed Activity Cost Litter Maintenance $ 318,749 Special Event Litter Clean -Up or On-Call/Urgent Security Guard Services $ 6,000 Power Washing $ 116,796 Street Closures or On-Call/Urgent Security Guard Services $ 12,000 Parklets Maintenance $ 46,455 Total $ 500 000 11. 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, 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, 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. EXHIBIT 1 B. SPECIAL EVENT LITTER CLEAN-UP/MAINTENANCE Clean & Safe team will provide litter clean-up/maintenance services for designated special events that are approved by the City of Santa Ana Provide litter -clean-up for on -call situations after special events that do not provide adequate clean-up, must be approved by the City of Santa Ana. C. 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. 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. D. 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 working condition. The immediate area surrounding the object shall be cleaned in the same manner. E. CLEAN ALLEYS Alleys shall be clear of trash, waste, shopping carts, pallets, leaves, and excrement. Shopping EXHIBIT 1 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) F. CLEAN BUS STOPS Bus stop areas are cleaned by the City of Santa Ana's contractor, however, the Clean & Safe Team will complement the cleaning of the bus stops by cleaning all debris, bum, dirt, grime, oil, stains and other fluids. Clean & Safe Team will not be responsible for emptying the locked trash container at the bus stops. The following are bus stop locations within the Downtown: 400 North Main west side of street • 400 North Main east side of street • 200 West 5`h street south side of street 200 East 5`h street south side of street • 100 West Santa Ana Boulevard north side of street • 200 East Santa Ana Boulevard north side of street III. STREET CLOSURE Will provide street closure services with approved Traffic Control Plans as approved by Public Works Agency for special events approved or co -sponsored by the City of Santa Ana. Set-up water -filled k-rails, barricades, traffic cones, traffic signs, A -frames, and ensure safe street closures. Dedicate the Removal of street closure equipment, track inventory, and properly store equipment in storage areas. EXHIBIT 1 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. C. POWER WASH BUS STOPS Bus stop areas are cleaned by the City of Santa Ana's contractor, however, the Clean & Safe Team will compliment the cleaning of the bus stops by cleaning all debris, burn, dirt, grime, oil, stains and other fluids. Clean & Safe Team will not be responsible for emptying the locked trash container at the bus stops. The following are bus stop locations within the Downtown: B 400 North Main west side of street • 300 North Main east side of street • 200 West 5th street south side of street • 200 East 5th 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: • 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) EXHIBIT 1 V VI. STAFFING A. Litter Team of 7 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 s.:r+e, o-r+ nw. room st mieo sx. EJ❑ ❑ ❑ �, sF[bs0 st. N a❑�V❑9❑ Santa Ana Business Improvement District ( r___qula.W . VII. SECURITY GUARD SERVICES Will assist in coordinating, securing, and compensating additional or on -call security guards for special events or emergencies or as needed with approval by the City of Santa Ana. Francine R. Digitally signed by Rxndne R. Winner Villareal Date: 2021.06.29 mA038e7oU , k._o CERTIFICATE OF LIABILITY INSURANCE ATE (MMIDDIYY D06/28/2021YYI 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 QUIIIareS Jr. State Farm Agency Santa Ana, CA 92701 IN415 N. Broadway San NAMEACT Eddie QUIIIareS RNCON e 714.617.7150. wC Ned :714 617.7158 ADDRESS: eddie@eddleqinsurance.com INSURERS AFFORDING COVERAGE NAIC p INSURERA: State Farm General Insurance Company 25151 INSURED DOWNTOWN INC 201 E 4TH ST SANTA ANA CA 92701-4668 INSURER B: State Farm Fire and Casualty Company 25143 INSURER C: State Farm Mutual Automobile Insurance Company 2517 INSURER D: 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 ADBLS INSR U BR WVD POLICY NUMBER POLICY EFF MMIDDJYYYY1 POLICY EXP WMIDDIYYYYI LIMITS A GENERAL LIABILITY Y Y 92-CE-Q933-0 06/05/2021 06/05/2022 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE lxl OCCUR DA A ET RENTED PREMISES Pa occurrence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 2,000,000 POLICY PRO ECT7 Lac $ O AUTOMOBILE LIABILITY �❑ 6215237-F28.75 06/28/2021 12/28/2021 COMBINED t SINGLE LIMIT $ BODILY INJURY (Par person) $ 11000,000 ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY Per acatlent ( ) $ 1,000,000 NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Peraccidenl $ 1,000,000 Deductible $ 260 A X UMBRELLA LIAB X ri OCCUR ❑Y ❑Y 92-CE-Q781.7 0610512021 06/0512022 E4111 OCCURRENCE $ 1,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DIED I is I RETENTION$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNERIEXECUTIVE OFFICEIMEMBER EXCLUDED? Y❑ NIA FYI 92-GO•C512-6 06/0512021 06/0512022 WC STATIJ X OTH- vLIMITs 11000,000 E.L. EACH ACCIDENT $ "D00000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 (Mandatory in NIB If Yen donadbe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 UESCE112IIIOF OPERATIONS heim A FIDELTY BOND ❑ ❑ 92-WV-6044.5 10I0312020 10/03/2021 BOND -AMOUNT $ 500.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD101,Addilienal Remarks5chedule,itmorespacn is regulredl Scheduled Auto: 2002 GEM 825 PICKUP VIN: 5ASAK27492FO28166 Description of Operations: Downtown Santa Ana Ad Walk/ COSA Agreement A-2020-254 City of Santa Ana its officers, agents, employees and volunteers are named as additionally insured. Additional Insured endorsement issued for certificate holder with Wavier 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 © 1988-2010 ACORD CI ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD RFekhlanagtilnentlYnielmr. 3fl� REVIEWED 6 APPROVED BY. Risk 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. Qe. n "Managtm Mlwslan ry IM R REvlEWEo & APPRovm Br. 81?, Risk Management Analyst 0 FE-6609 WORKERS COMPENSATION POLICY NUMBER: 92-GO-0512-6 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US Policy Number: 92-GO-0512-6 Named Insured: Downtown Inc SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Information required to coin lete this Schedule, if not show above, will be shown in the Declarations. The following is added to Paragraph 10.b. 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 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission .., ltFnk MwragementD[Wetnn A eeREVIE &AppwvvEDBYe.' a r `M�4Yii 6•� � f4 Risk klanzgemenr Analyst Exhibit B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company: State Farm Insurance This endorsement modifies such insurance as is afforded by the provisions of Policy Number: 92-CE-Q933-0 relating to the following: 1) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from operations and uses performed by or on behalf of the named insured. 2) With respect to claims arising out of the operations and uses performed by or on behalf of the names insured, such insurance as is afforded by this policy is primary and is not additional to or to contributing with any other insurance carried by or for the benefit of the additional insured. 3) This insurance applies separately to each insured against whom claim is or suit is brought except with respect to the company's limit of liability. This inclusion of any person or organization as an insured shall not affect any right which is such person or organization would have as claimant if not so included. 4) With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) written notice has been given to City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. Effective June 16, 2021 this endorsement form as a part of Policy Number: 92-CE-Q933-0. Issued to Downtown Inc. Countersigned by Authorized Representative m. TUekManagrntn[tDWision REMEWED & APPROVED BY.' Risk Management Analyst