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 revised Memorandum of Understanding (“MOU”) with the Downtown
Business Association (the “DBA”) to provide general maintenance services in
downtown Culver City (“Downtown”).
BACKGROUND:
In early 2007, the DBA began discussions with staff about the possibility of the City
and Agency entering into a contract whereby the DBA would provide maintenance
services in Downtown. The DBA believes they can subcontract with a
maintenance provider to provide existing services – and possibly provide additional
services as well - for the same cost the City and Agency currently expend. As well,
the DBA believes they are better prepared to respond to various issues that arise
as they are concerned only with Downtown, whereas City staff is responsible for
services throughout the City. This arrangement is advantageous to the City and
Agency because it shifts oversight and accountability for the management of
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.
On March 24, 2008, the Council approved an MOU which indicated charges for
City- and Agency-provided services totaled $78,420. Unfortunately, in calculating
this amount, staff inadvertently omitted some services in the parking garages that
are funded by the Agency but performed by the Public Works Department. The
correct amount for all Downtown services is $112,100. Staff has therefore revised
Meeting Date: 06/16/08 Item Number: J-2
AGENDA ITEM: JOINT ITEM: Approval of a Revised Memorandum of
Understanding with the Downtown Business Association to Perform Maintenance
Services in Downtown Culver City.
Contact Person/Dept.: Todd Tipton
Glenn Heald
Phone Number: (310) 253-5783
(310) 253-5752
Fiscal Impact: Yes [ ] No [X] General Fund: Yes [ ] No [ ]
Public Hearing: [ ] Action Item: [ ] Attachments: [X]
Public Notification: Downtown Business Association (06/11/08); Chamber of Commerce
(06/11/08); Master E-Mail Notification List (06/11/08).
Department Approval:
Sol Blumenfeld (06/05/08)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/11/08)
Chief Financial Officer Approval:
Jeff Muir (06/12/08)
City Manager Approval:
Jerry B. Fulwood (06/12/08) City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
the MOU and now seeks approval of the revised agreement by the Council and the
Agency.
DISCUSSION:
Maintenance in Downtown is currently performed by the Public Works Department
and the Parks, Recreation, and Community Services Department. For the most
part, maintenance of the parking structures is required by the Agency. The scope
of maintenance services currently provided is extensive, ranging from landscape
upkeep to holiday banners on light poles in the right-of-way, totaling approximately
$112,000 (City and Redevelopment Agency) as denoted in the attached matrix. In
addition to the existing services, staff recommends that an additional $10,320 be
included for a program of enhanced clean-up efforts in and around the trash
compactor in the Cardiff parking structure. Restaurants that utilize the compactor
in the Cardiff structure include: Honey’s Kettle Fried Chicken, Tender Greens,
Ford’s Filling Station, Ugo Italian Café, Fraiche, BottleRock, Novecento, and La
Ballona. This additional money will be recouped through a surcharge levied on the
affected restaurants. The total amount of the MOU program would be $122,420
per year, with potential adjustments for inflation written into the agreement.
If approved by the Council and the Agency, the DBA would be responsible for the
following as outlined in the attached draft MOU:
1. The sidewalk trash receptacles shall be emptied twice per day every Saturday and
Sunday, at a minimum, to avoid spillover;
2. Monthly weed control shall be provided for planting beds, islands, tree wells, flower
pots and sidewalk cracks. Dead vegetation, leaves and other debris shall be removed
from the planting areas and pots;
3. Annually, no later than April 1
st
, plants and flowers shall be provided in the 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 Public
Works Director;
4. At least once per quarter, and when reasonably determined by the City’s Public
Works Director, sidewalks, plazas, paseos and alleys and parking structures shall be
swept and pressure washed to maintain a clean appearance;
5. Daily, maintain the community compactors and immediately surrounding areas in a
clean and sanitary manner, including, but not limited to, the clean-up of all solid and
liquid waste spillover. City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
6. At least monthly, and when reasonably determined by the City’s Public Works
Director, the area around the community compactors shall be steam cleaned 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.
The DBA will attempt to provide the following additional services if the Council and
the Agency approve execution of an MOU:
• Cleaning of the following weekly (seven days):
o Sidewalk sweeping and litter pick up including street curbs/gutters,
alleys, tree wells and planters; and
o Daily cleaning of all benches, bicycle racks, parking meters, pay
phones and mailboxes.
• Sidewalk pressure washing every quarter.
Additionally, the DBA will continue 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) 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. City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
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.
Staff believes it is in the best interest of the City, the Agency, and the DBA to
execute the MOU because:
• Downtown will receive equitable, and possibly additional, services without
additional cost to the City or Agency;
• Downtown issues would receive additional attention;
• Downtown business and property owners will have more control over
maintenance related issues; and
• City and Agency staff will be able to focus on other areas of the City.
In the event the MOU becomes disadvantageous to either party, it includes
provision that allow its termination with 30 days written notice. If terminated, the
DBA would be required to return any unspent funds as the MOU requires release
of funds on a quarterly basis.
If the MOU is terminated, it will be necessary for the City and Agency to reinstate
maintenance services. This would likely occur through the 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 approximately $112,000 annually for the
maintenance services specified in the proposed MOU with the DBA. If the Council
and Agency approve execution of the MOU there would be no additional cost to
the City or Agency, as the DBA would 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. The
additional $10,320 for enhanced compactor-area maintenance will be a pass-
through, collected from the restaurants through a surcharge fee (collected by the
City via refuse billing).
City of Culver City, California
City Council and Redevelopment Agency Agenda Item Report
ATTACHMENTS:
1. Matrix describing maintenance services provided in Downtown; and
2. Draft MOU.
MOTION:
That the Culver City City Council:
1. Approve a revised Memorandum of Understanding with the Downtown Business
Association to provide maintenance services in downtown Culver City at a cost
not to exceed $54,860 on an annual basis; 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.
AND
That the Culver City Redevelopment Agency:
1. Approve a revised Memorandum of Understanding with the Downtown Business
Association to provide maintenance services in downtown Culver City at a cost
not to exceed $67,560 on an annual basis; and,
2. Authorize the City Attorney or Agency General Counsel to review/prepare the
necessary documents; and,
3. Authorize the Executive Director to execute such documents on behalf of the
Agency.
MEETING DATE: 06/16108
AGENDA ITEM: Consideration of a Revised 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. Draft MOU. 2-7•ATTACHMENT I
Downtown Maintenance items
CURRENT DEPARTMENT MAINTENANCE ITEMS COUNT CURRENT LEVEL OF SERVICE DBA TAKEOVER
$122,420.00 TOTAL
$54,860 City
567,560 Agency
CITY BUS
SANITATION
REDEVELOPMENT
TREES
Trimming
Grate Repair
every 3 years
as needed
$23,760.00 (City: $13,440.00, Agency: $10,320.00) CLEANING
Main Street Quarterly (Funded by Agency)
Sidewalks 1 month
Town Plaza 1 1 month
Paseos
Kirk Douglas NIA
Watseka Quarterly (Funded by Agency)
Cardiff Quarterly (Funded by Agency)
Canfield Quarterly (Funded by Agency)
Pacific Theater NIA
STREETSCAPE
Clock as needed and ad) for OUT
Street Lights
Streetlights
double: 17 as needed
single: 42 as needed
plaza: 4 as needed
as needed
Twinkle Lights 110 (+I, 3) as needed
Benches
Pedestrian Signs
63
as needed
Utility Boxes 6 as needed
RODENTIPEST CONTROL as needed
$57,240.00 (Funded by Agency) PARKING GARAGES
Cardiff 1/month scheduled PM
Ince 1/month scheduled PM
Watseka 1/month scheduled PM ser
Public Art
Lion 1/month scheduled pm
Robert Ohr
Zoetrobes
Harry Culver
Truth or Fiction
1/month scheduled PM
as needed
as needed
as needed
GRAFFITI REMOVAL as needed
INFRASTRUCTURE
Graffiti Removal 13 as needed
Bus Stops finlcudes bench) 8 1/week
Trashcans (bus only) 8 1/week
$28,820.00 (Includes $850 per Charles) TRASH
Pedestrian Cans 26 1/day (Fri evening); 2/day (Sat/Sun.)
Compactors
Kirk Douglas
Watseka
1/month
lfrnonth
Cardiff 1/month
Canfield 1/month
STREETSWEEPING 1/day (M-F)
SEASONAL
Holiday Decorations
Banners
as needed
as needed
FARMER'S MARKET weekly
$12,6011,00 STREETSCAPE
Sidewalk Planters/Pots 1/week 0
Tree Welts 1/week
Medians
Bike Racks
10 1/week
as needed
TOWN PLAZA
Sidewalk Litter/Debris/Cleaning every other day
Planters/Pots 1/week
Shrubs / Hedges 1/weekATTACHMENT 2
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE CITY OF CULVER CITY,
THE CULVER CITY REDEVELOPMENT AGENCY
AND
DOWNTOWN BUSINESS ASSOCIATION
This Memorandum of Understanding (the "MOU") is entered into by and between 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.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. The sidewalk trash receptacles shall be emptied twice per day every
Saturday and Sunday, at a minimum, to avoid spillover;
2. Monthly weed control shall be provided for planting beds, islands, tree
wells, flower pots and sidewalk cracks. Dead vegetation, leaves and other debris
shall be removed from the planting areas and pots;
3. Annually, no later than April 1 st, plants and flowers shall be provided in the
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 Public Works Director;
4. At least once per quarter, and when reasonably determined by the City's
Public Works Director, sidewalks, plazas, paseos and alleys and parking
structures shall be swept and pressure washed to maintain a clean appearance;
5. Daily, maintain the community compactors and immediately surrounding
areas in a clean and sanitary manner, including, but not limited to, the clean-upof
all solid and liquid waste spillover.
6. At least monthly, and when reasonably determined by the City's Public
Works Director, the area around the community compactors shall be steam
cleaned 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.
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
2008/2009, an amount equal to Fifty-Four Thousand, Eight Hundred Sixty Dollars
($54,860); 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
2008/2009 an amount equal to Sixty-Seven Thousand, Five Hundred Sixty
Dollars ($67,560); and
2. 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 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.
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 limiting 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
in the minimum amount of One Million Dollars ($1,000,000) single limit coverage, City's
Special Endorsement Form naming City as an additional insured, Automobile Liability in
the minimum amount of $500,000/$500,000 and Workers Compensation insurance in
statutorily required amounts.
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.
s-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
basis for the terms of services set forth in this MOU are 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 E.
K. Effective Date
The effective date of this MOU shall be the date it is signed on behalf of the City and
Agency.
City of Culver City: DBA:
By: By: Jerry Fulwood, City Manager Gerald B. Weiner, DBA President
Dated: Culver City Redevelopment Agency:
By: Jerry Fulwood, Executive Director
Dated: Approved as to Content:
Charles Herbertson
Public Works Director/City Engineer
Approved as to Form:
Dated:Carol Schwab, City Attorney
Murray Kane, Agency Counsel
Approved as to Financing:
Jeff Muir, Chief Financial Officer|1013|