City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council and the Culver City Redevelopment Agency
approve a Memorandum of Understanding (“MOU”) with the Downtown Business
Association (the “DBA”) to provide general maintenance services in downtown
Culver City (“Downtown”) for the fiscal year of July 1, 2009 through June 30, 2010.
BACKGROUND:
On March 24, 2008, the Council and Agency approved an MOU whereby the DBA
would provide certain maintenance services in Downtown. The Council and
Agency subsequently approved revisions to the MOU on June 16, 2008. The DBA
sub-contracts with a maintenance provider for services previously performed by
the City. The City then reimburses the DBA for these services using funds
allocated to perform these services either in-house or through contract services.
This arrangement is advantageous to the City and Agency because it shifts
oversight and accountability for the management of downtown maintenance
services to the businesses directly affected by those services while also allowing
for the potential of additional services at no cost to the City or Agency. Upon
satisfaction of all maintenance requirements of the MOU, the DBA uses any
remaining funds to enhance existing services and to fund additional maintenance
and beautification services.
DISCUSSION:
Meeting Date: 05/18/09 Item Number: J-1
AGENDA ITEM: JOINT ITEM: Approval of a Memorandum of Understanding with
the Downtown Business Association to Perform Maintenance Services in
Downtown Culver City for Fiscal Year 2009-2010.
Contact Person/Dept.: Glenn Heald
Phone Number: (310) 253-5752
Fiscal Impact: Yes [ ] No [X] General Fund: Yes [ ] No [ ]
Public Hearing: [ ] Action Item: [X] Attachments: [X]
Public Notification: Downtown Business Association (04/02/09); Master E-Mail
Notification List (05/13/09).
Department Approval:
Sol Blumenfeld: (4/29/09)
City Attorney/Agency General Counsel Approval:
Carol Schwab (by H. Baker) (05/11/09)
Murray Kane (05/13/09)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball)
(05/13/09)
City Manager/Executive Director Approval:
Jerry B. Fulwood (05/13/09) City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
Maintenance in Downtown was previously performed by the Public Works
Department and the Parks, Recreation, and Community Services Department.
Responsibility for most maintenance was transferred to the DBA through the MOU
approved by Council and the Agency in March, 2008. The scope of maintenance
services performed by the DBA and their contractor(s) is extensive, ranging from
landscape upkeep to holiday banners on light poles in the public right-of-way,
totaling approximately $112,000 annually (combined City and Redevelopment
Agency) as denoted in the attached matrix. The following changes have been
incorporated into the proposed MOU for fiscal year 2009-10:
• Power washing of trash compactors will be performed by the City’s
Sanitation Division rather than being shared between Sanitation and the
DBA. Accordingly, funding of the MOU will be reduced by $10,320.00;
• Parking structure maintenance has been adjusted to better reflect actual
needs: power washing of the stalls and driving lanes will be performed every
six months, while power washing of the stairs, landings and entrance ramps
will be performed monthly. As well, elevator doors will be wiped clean at
least once per month.
• Annual plant replacement shall be completed no later than April 30
th
rather
than April 1
st
.
As approved by the Council and the Agency, the DBA has been responsible and
will continue to be responsible for the following:
1. Sidewalk trash receptacles within the BID shall be emptied once per day
every Friday and twice per day every Saturday and Sunday, at a minimum,
to avoid spillover;
2. Weekly weed control shall be provided for planting beds, islands, tree wells,
flower pots and sidewalk cracks. Dead vegetation, plants, leaves and other
debris shall be removed from the planting areas and pots;
3. Annually, no later than April 30
th
, plants and flowers shall be provided in the
existing planting areas and pots. The quantity and location of the annual
plants and flowers will be determined by the resources available, as
reasonably determined by the City’s Parks, Recreation and Community
Services Director;
4. At least once per month, and when reasonably determined by the City’s
Public Works Director, sidewalks, Town Plaza, alleys, and parking structure City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
stairwells, landings and entrance ramps shall be swept and pressure
washed, and elevators wiped down to maintain a clean appearance;
5. At least one every six months, parking structure stalls and drive lanes shall
be pressure washed to maintain a clean appearance;
6. At least once per quarter, and when reasonably determined by the City’s
Public Works Director, paseos and Main Street shall be swept and pressure
washed to maintain a clean appearance.
The City will retain responsibility for repair and replacement of all landscape
infrastructures, including but not limited to pots, planters, irrigation systems,
sidewalks, parking structures and electrical systems.
Although not required by the MOU, the DBA provides the following additional
services at no additional cost to the City or Agency, as funding permits:
• Daily sidewalk sweeping and litter pick up including street curbs/gutters,
alleys, tree wells and planters; and
• Daily cleaning of all benches, bicycle racks, parking meters, pay phones
and mailboxes.
The DBA continues to work with the downtown property owners to add more
resources to the maintenance efforts in Downtown.
The funding appropriated by the City Council and Agency Board under Sections
B(3), B(4), C(1) and C(2) of the MOU, if any, is transferred to the DBA on a
monthly basis. The DBA may request reimbursement under the following
conditions:
1. Current practice - Once per month, the DBA submits a reimbursement
request for costs incurred to the DBA for performing services hereunder.
Such reimbursement requests shall be in a form acceptable to the City and
Agency, and include substantiation for amounts requested, including copies
of invoices, and other documentation as may be required by the City and
Agency.
2. Upon receipt of such a reimbursement request, the City and Agency shall
review the request, and upon approval, issue reimbursement to the DBA
within thirty (30) days after receipt of the request.
City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
3. If the reimbursement request is disallowed, in whole or in part by the City or
Agency at its sole discretion, then the amount approved shall be paid in
accordance with Section D(2) of the MOU. Within fifteen (15) days after
receipt of a reimbursement request, the City shall transmit to the DBA, the
amount and reason for any disallowed amounts with an explanation of why
the City disallowed the reimbursement request.
4. In no case shall the total amount reimbursed to the DBA for the services
performed under the MOU during any fiscal year exceed the amount
appropriated for these purposes by the City Council and Agency Board.
Staff believes it is in the best interest of the City, the Agency, and the DBA to
continue the MOU for Fiscal Year 2009-2010 for the following reasons:
• Downtown receives equitable - and possibly additional - services without
additional cost to the City or Agency;
• Downtown issues receive additional attention beyond that which the City
and Agency would otherwise be able to provide;
• Downtown business and property owners have more control over
maintenance related issues; and
• By allowing the DBA to manage downtown maintenance according to the
City’s specifications, staff is free to focus on other areas of the City.
In the event the MOU becomes disadvantageous to either party, it may be
terminated by either party upon 30 days written notice. If terminated, the DBA is
required to return funds for any unperformed duties.
If the MOU is terminated, it will be necessary for the City and Agency to reinstate
maintenance services. This would likely occur through a Request for Proposal
(“RFP”) process. The RFP process would likely take 60-90 days to complete.
While undertaking the RFP process, the City and Agency may enter into a
temporary contract with a maintenance service provider in order to prevent
interruption of services.
FISCAL ANALYSIS:
The City and Agency currently pay $112,100 annually to the DBA for maintenance
services specified in the proposed MOU with the DBA for fiscal year 2009-10. If City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
the Council and Agency approve the MOU for Fiscal Year 2009-2010, there will be
no additional cost to the City or Agency, as the DBA will provide the same
maintenance services at the same cost, plus additional services if the DBA can
contract more extensive or more frequent services with the monies transferred
through the MOU.
ATTACHMENTS:
1. Matrix describing maintenance services provided in Downtown; and
2. Proposed MOU for fiscal year 2009-10.
MOTION:
That the Culver City City Council:
1. Approve a Memorandum of Understanding with the Downtown Business
Association to provide maintenance services in downtown Culver City at a cost
not to exceed $44,540 for fiscal year 2009-2010; and,
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute such documents on behalf of the City.
That the Culver City Redevelopment Agency:
1. Approve a Memorandum of Understanding with the Downtown Business
Association to provide maintenance services in downtown Culver City at a cost
not to exceed $67,560 for fiscal year 2009-2010; and,
2. Authorize Agency Counsel to review/prepare the necessary documents; and,
3. Authorize the Executive Director to execute such documents on behalf of the
Agency.
MEETING DATE: 05/18/09
AGENDA ITEM: Approval of a Memorandum of Understanding with the
Downtown Business Association to perform Maintenance Services in Downtown
Culver City.
ATTACHMENTS
Pages
1. Matrix describing maintenance services provided in Downtown 1
2. Proposed MOU for Fiscal Year 2009-10 2-7Elevator Doors Monthly
PRESSURE WASHING
Main Street Quarterly
Sidewalks Monthly
Town Plaza Monthly
Paseos
Kirk Douglas Quarterly
Watseka Quarterly
Cardiff Quarterly
Canfield Quarterly
Parking Garages
Stalls and Driveways Biannually
Stairways and Landings Monthly
Entrance/Exit Ramps Monthly
Alleys Monthly
WIPE DOWN WASHING
Parking Garages
$23,760.00
(City: $13,440)
(Agency: $10,320)
SANITATION
TRASH
Pedestrian Cans
$18,500.001
1/day (Fri evening); 2/day (Sat/Sun.) (Funded by City)
PARKS &
RECREATION
STREETSCAPE
Sidewalk Planters/Pots Weekly
Tree Wells Weekly
Medians Weekly
Bike Racks As needed
TOWN PLAZA
Sidewalk Litter/Debris/Cleaning Every other day
Planters/Pots Weekly
Shrubs / Hedges Weekly
$12,600.00]
(Funded by City)
ATTACHMENT 1
TASK LIST DBA - CITY - AGENCY MOU 2009-10
CITY/AGENCY
CITY/AGENCY
DEPARTMENT
MAINTENANCE TASK MINIMUM LEVEL OF SERVICE FUND
TRANSFER
TOTAL $112,100.00
$44,540 City
$67,560 Agency
1ATTACHMENT 2
Contract No. 2009-067
AMENDED MEMORANDUM OF UNDERSTANDING
BY AND AMONG
THE CITY OF CULVER CITY,
THE CULVER CITY REDEVELOPMENT AGENCY
AND
DOWNTOWN BUSINESS ASSOCIATION
This Amended Memorandum of Understanding (the "MOU") is entered into by and
among the City of Culver City (hereinafter the City"), a California municipal corporation,
the Culver City Redevelopment Agency ("the Agency") and the Culver City Downtown
Business Association (hereinafter "DBA"), a California non-profit corporation, for the
purpose of providing for the maintenance of the landscaping, sidewalks, plazas, paseos,
alleys and parking structures within the City of Culver City Downtown Business
Improvement District boundaries.
RECITALS
WHEREAS, the City and Agency have a deep and abiding interest in the maintenance,
beautification and preservation of the City of Culver City's Downtown Business
Improvement District, as depicted on the map attached hereto as Exhibit "A" (the "BID")
and incorporated herein by reference; and
WHEREAS, the City and Agency have expended significant resources toward the
improvement of the sidewalks and general appearance of the City's downtown areas,
including the BID, through the installation of sidewalks, street lighting, aesthetic
improvements and planting displays; and
WHEREAS, the City, the Agency and the DBA have a common interest in protecting,
promoting, and maintaining the BID as a healthy and growing area for commerce and
an attractive, safe and enjoyable place for public enjoyment; and
WHEREAS, the DBA has the expertise and opportunity to provide maintenance
management that is necessary to keep the City's BID attractive, clean and safe, and the
DBA is willing to enter into an agreement with the City to carry out those objectives; and
WHEREAS, representatives from the City, the Agency and the DBA have met to
discuss maintenance standards within the BID and identify ways of accomplishing their
mutual objectives; and, as a result, all parties have committed to work toward the
achievement of those mutual objectives.Contract No. 2009-067
NOW THEREFORE, based on the foregoing Recitals, the City, the Agency and the DBA
agree as follows:
A. Responsibilities of the DBA
Under this MOU, the DBA shall, in general, provide, either directly or indirectly through
agreement with a duly qualified contractor or contractors for maintenance and care for
shrubs, plants, planter areas, removal of litter from planting areas, emptying trash cans,
plant and flower replacement and watering and weed removal within the BID. Specific
maintenance services to be provided in the BID include, but are not limited to:
1. Sidewalk trash receptacles within the BID shall be emptied once per day
every Friday and twice per day every Saturday and Sunday, at a minimum, to
avoid spillover;
2. Weekly weed control shall be provided for planting beds, islands, tree wells,
flower pots and sidewalk cracks. Dead vegetation, plants, leaves and other
debris shall be removed from the planting areas and pots;
3. Annually, no later than April 30
th
, plants and flowers shall be provided in the
existing planting areas and pots. The quantity and location of the annual
plants and flowers will be determined by the resources available, as
reasonably determined by the City's Parks, Recreation and Community
Services Director;
4. At least once per month, and when reasonably determined by the City's
Public Works Director, sidewalks, Town Plaza, and parking structure
stairwells, landings, alleys and entrance ramps shall be swept and pressure
washed, and elevators wiped down to maintain a clean appearance;
5. At least once every six months, parking structure stalls and drive lanes shall
be pressure washed to maintain a clean appearance;
6. At least once per quarter, and when reasonably determined by the City's
Public Works Director, paseos and Main Street shall be swept and pressure
washed to maintain a clean appearance.
B. Responsibilities of the City
Under this MOU, the City:
1. Shall retain responsibility for repair and replacement of all landscape
infrastructures, including, but not limited to, pots, planters, irrigation systems,
sidewalks, parking structures and electrical systems.
(1,Contract No. 2009-067
2. Shall provide trash bags and free dumpster space to dispose of trash
collected by the DBA from the sidewalk trash receptacles;
3. May, at the sole discretion of the City Council, appropriate in Fiscal Year
2009/2010, an amount equal to Forty-Four Thousand, Five Hundred Forty
Dollars ($44,540); and
4. May, for future fiscal years, consider funding for the services contemplated
under this MOU. However, appropriation of such funding, in whole or in part,
is at the sole discretion of the City Council,
C. Responsibilities of the Agency
Under this MOU, the Agency:
1. May, at the sole discretion of the Agency Board, appropriate in Fiscal Year
2009/2010 an amount equal to Sixty-Seven Thousand, Five Hundred Sixty
Dollars ($67,560); and
2. May, for future fiscal years, consider fundin g for the services contemplated
under this MOU. However, appropriation of such funding, in whole or in
part, is at the sole discretion of the Agency Board.
D. Disbursement of Funding
The funding appropriated by the City Council and Agency Board under Sections B(3),
B(4), C(1) and C(2) hereof, if any, shall be available to the DBA on a monthly basis.
The DBA may request reimbursement under the following conditions:
1. Once per month, the DBA may submit a reimbursement request for costs
incurred to the DBA for performing services hereunder. Such reimbursement
requests shall be in a form acceptable to the City and Agency, and include
substantiation for amounts requested, including copies of invoices and other
documentation as may be required by the City and Agency.
2. Upon receipt of such a reimbursement request, the City and Agency shall
review the request, and upon approval, issue reimbursement to the DBA
within thirty (30) days after receipt of the request.
3. If the reimbursement request is disallowed, in whole or in part by the City or
Agency at its sole discretion, then the amount approved shall be paid in
accordance with Section D(2) above. Within fifteen (15) days after receipt of
a reimbursement request, the City shall transmit to the DBA, the amount and
reason for any disallowed amounts with an explanation of why the City
disallowed the reimbursement request.Contract No. 2009-067
4. In no case shall the total amount reimbursed to the DBA for the services
performed hereunder during any fiscal year exceed the amount appropriated
for these purposes by the City Council and Agency Board.
E. Indemnification
DBA shall indemnify, defend and hold harmless the City, Agency, and each of their
respective elected officials, officers, employees, agents and volunteers, from and
against any and all liability, claims, damages, judgments or awards, including costs, for
damage to real or personal property, or personal injury or death (collectively, "Claims"),
resulting from DBA's, any of its directors', officers', employees', agents', contractors',
subcontractors' or volunteers' acts, errors or omissions arising out of or connected with
providing the services contemplated by this MOU; provided, that DBA's obligations to
indemnify and hold harmless shall only be to the extent DBA or any of its directors,
officers, employees, agents, contractors, subcontractors or volunteers are a cause of
the Claims.
F. Insurance
Without limitin g its obligations pursuant to Section E of this MOU, the DBA shall
submit one or more duly executed certificates of insurance for Comprehensive
General Liability ("CGL") policy, at least as broad as ISO Form CG 0001, in the
minimum amount of One Million Dollars ($1,000,000) each occurrence, with not
less than Two Million Dollars ($2,000,000) in annual aggregate coverage.
The CGL Policy shall have the following requirements:
a. The policy shall provide coverage for personal injury, bodily injury,
death, accident and property damage and advertising injury, as
those terms are understood in the context of a CGL policy. The
coverage shall not be excess or contributing with respect to City's
self-insurance or any pooled risk arrangements;
b. The policy shall provide $1,000,000 combined single limit
coverage for owned, hired and non-owned automobile liability;
c. The policy shall include coverage for liability undertaken by
contract covering, to the maximum extent permitted by law.
Consultant's obligation to indemnify the Indemnitees as required
under Paragraph 6 of this agreement;
The Policy shall not exclude coverage for Completed Operations
Hazards or Athletic or Sports Participants; and
e. The City of Culver City, members of its City Council, its boards
and commissions, officers, agents, and employees will be namedContract No. 2009-067
as an additional insured in an endorsement to the policy, which
shall be provided to the City and approved by the City Attorney.
G. Termination
Either party, upon the default hereunder by the other party, may terminate this MOU by
providing at least thirty-days' (30-days') written notice to the other party. Services
provided hereunder shall continue until the date of termination. Reimbursement for said
services may be requested by the DBA up to sixty (60) days after the date of
termination. Any and all reimbursement requests not received by that date shall not be
reimbursed and neither party shall have any further obligation hereunder.
Unless terminated under the terms above, this Agreement shall terminate on June 30
("Annual Termination Date") of each year unless extended in writing and executed by all
parties hereto at least 60 days prior to the Annual Termination Date.
H. Default and Cure
Should either party allege default by the other party of its obligations hereunder, then
the alleging party shall provide a written notice ("Notice of Default") to the other party
("Defaulting Party") including a description of the default and recommended actions to
cure said default. The Defaulting Party shall, in good faith, attempt to cure the default
within 15 days of receipt of the Notice of Default.
Failure to cure the default to the reasonable satisfaction of the other party shall be
cause for termination of this MOU under Section E hereof.
I. Intent
The City, the Agency and the DBA are committed to actively pursue the items specified
within this MOU toward the increased vitality of the BID. The parties agree the general
terms of services set forth in this MOU form the basis for the specific maintenance
services required and identified in Exhibit B, attached hereto and incorporated herein by
this reference.
J. Term
The term of this MOU shall be for a period of one year from the effective date of this
MOU, unless earlier terminated pursuant to Paragraph G.Contract No. 2009-067
K. Effective Date
The effective date of this MOU shall be the later of July 1, 2009, or the date it is signed
on behalf of the City and Agency.
City of Culver City: DBA:
By: Jerry Fufwood, City Manager By: Ken Kaufman, President
Dated: Dated: Culver City Redevelopment Agency:
By: Jerry Fulwood, Executive Director
Dated: Approved as to Content:
Approved as to Financing
Charles Herbertson Jeff Muir, Chief Financial Officer
Public Works Director/City Engineer
Approved as to Form: Approved as to Form:
Carol Schwab, City Attorney Murray Kane, Agency General Counsel