City of Culver City, California
Agenda Item Report
Page 1 of 4
RECOMMENDATION:
Staff recommends the City Council and Redevelopment Agency Board (Agency
Board) approve an Amendment to the existing Memorandum of Understanding
(MOU) with the Downtown Business Association (DBA) for general maintenance
services in downtown Culver City (Downtown) for the period of July 1, 2011
through June 30, 2012 (Attachment No. 1).
BACKGROUND:
In 2008 the City Council and Agency Board approved a one-year MOU whereby
the DBA would provide certain maintenance services in Downtown. Amendments
were subsequently approved for fiscal years 2009/2010 and 2010/2011. The City
Council and Agency Board are now asked to approve an Amendment for fiscal
year 2011/2012. No changes are proposed to the terms of the MOU.
DISCUSSION:
The MOU with the DBA 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
Meeting Date: 03/14/2011 Item Number: JC-1
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Approval of an Amendment to the Memorandum of Understanding with the
Downtown Business Association for Maintenance Services in Downtown Culver
City for Fiscal Year 2011/2012.
Contact Person/Dept.: Glenn Heald/CDD
Todd Tipton/CDD
Phone Number: 310.253.5752
310.253.5783
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [ ]
Public Hearing: [ ] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail, Telephone, and In-Person Meeting) Downtown Business
Association (03/03/11, 03/04/11, and 03/07/11); (E-Mail) Meetings and Agendas – City
Council & Redevelopment Agency (03/10/11).
Department Approval:
Sol Blumenfeld: (03/09/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (03/10/11)
Agency General Counsel:
Murray Kane: (03/09/11)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (03/10/11)
City Manager/ Executive Director
Approval: John M. Nachbar (03/10/11) City of Culver City, California
Agenda Item Report
Page 2 of 4
for the potential of additional services at no cost to the City or Agency. The DBA
sub-contracts with a maintenance provider for services previously performed or
contracted out by the City and Agency (Attachment No. 2). The City and Agency
reimburse the DBA using funds budgeted to perform those maintenance services
either in-house or through contract services. The funding appropriated by the City
Council and Agency Board under Sections B(3), B(4), C(1) and C(2) of the MOU, is
transferred to the DBA on a monthly basis. 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 efforts. The
Amended MOU denotes the responsibilities of each party.
The DBA continues to work with downtown businesses and property owners to
provide additional maintenance services in downtown. In addition to those
services required by the MOU, the DBA provides the following services at no 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 and mailboxes.
Staff believes it is in the best interest of the City, the Agency, and the DBA to
continue the MOU for Fiscal Year 2011-2012. In the event the MOU becomes
disadvantageous to any of the parties, it may be terminated upon 30 days written
notice. If the MOU is terminated for any reason, 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 to prevent an interruption of services.
If the Governor’s proposal to eliminate redevelopment agencies results in the loss
of Agency funding for this MOU, staff will present for consideration by the City
Council a revised MOU commensurate to the available funding.
FISCAL ANALYSIS:
The City and Agency currently reimburse the DBA up to $122,100 annually for
maintenance services specified in the Amended MOU. This is the amount the City
and Agency would spend to perform these same services either in-house or
through contracted services in the absence of the MOU with the DBA. If the City
Council and Agency Board approve the proposed Second Amendment to the City of Culver City, California
Agenda Item Report
Page 3 of 4
Amended MOU, during fiscal year 2011/2012 the City will transfer to the DBA a
total of $54,540 and the Agency will transfer a total of $67,560. These amounts
will be programmed into the proposed Fiscal Year 2011/2012 budgets.
Given the current uncertainty created by the Governor’s proposal to eliminate
redevelopment agencies, it also recommended the City Council adopt a motion
authorizing the City Manager/Executive Director to pre-pay the remainder of the
amounts due the DBA for Fiscal Year 2010/2011 and for Fiscal Year 2011/2012.
ATTACHMENTS:
1. Proposed Second Amendment to the Amended MOU for Fiscal Year 2011-12.
2. Matrix describing maintenance services to be provided in Downtown.
MOTION:
That the City Council:
1. Approve an Amendment to the Amended Memorandum of Understanding with
the Downtown Business Association for maintenance services in downtown
Culver City at a cost not to exceed $54,540 for Fiscal Year 2011-2012 and
extending the term of the Amended MOU to June 30, 2012; and,
2. Authorize the City Manager to pre-pay the remainder of the amounts due the
DBA for Fiscal Year 2010/2011 and for Fiscal Year 2011/2012; and,
3. Authorize the City Attorney to review/prepare the necessary documents; and,
4. Authorize the City Manager to execute such documents on behalf of the City.
AND
That the Agency Board:
1. Approve an Amendment to the Amended Memorandum of Understanding with
the Downtown Business Association for maintenance services in downtown
Culver City at a cost not to exceed $67,560 for Fiscal Year 2011/2012 and
extending the term of the Amended MOU to June 30, 2012 ; and,
2. Authorize the Executive Director to pre-pay the remainder of the amounts due
the DBA for Fiscal Year 2010/2011 and for Fiscal Year 2011/2012; and,
City of Culver City, California
Agenda Item Report
Page 4 of 4
3. Authorize the Agency General Counsel to review/prepare the necessary
documents; and,
4. Authorize the Executive Director to execute such documents on behalf of the
Agency.
MEETING DATE: 03/14/11
AGENDA ITEM: JOINT CITY COUNCIL/REDEVELOPMENT AGENCY
BOARD AGENDA ITEM: Approval of the Second Amendment to the
Existing Amended Memorandum of Understanding with the Downtown
Business Association for Maintenance Services in Downtown Culver City
for Fiscal Year 2011-2012.
ATTACHMENTS
Pages
1. Proposed Second Amendment to the Amended MOU for 1-2
Downtown Maintenance for Fiscal Year 2011-12.
2. Matrix describing maintenance services provided in Downtown. 3 Attachment No.
Contract No. 2009-067A
CITY OF CULVER CITY
CULVER CITY REDEVELOPMENT AGENCY
SECOND AMENDMENT TO AMENDED MEMORANDUM OF UNDERSTANDING
WITH: CULVER CITY DOWNTOWN BUSINESS ASSOCIATION
FOR: MAINTENANCE SERVICES IN DOWNTOWN CULVER CITY
This Second Amendment is made and entered into by and among the CITY OF
CULVER CITY, a municipal corporation, hereinafter referred to as "City," the CULVER
CITY REDEVELOPMENT AGENCY, a public body corporate and politic, hereinafter
referred to as "Agency," and the CULVER CITY DOWNTOWN BUSINESS
ASSOCIATION, hereinafter referred to as "DBA."
WHEREAS, on March 24, 2008, the parties entered into a Memorandum of
Understanding relating to maintenance services in downtown Culver City; and,
WHEREAS, at its meeting of May 18, 2009, the City Council and Redevelopment
Agency approved an Amended Memorandum of Understanding (the "Agreement"); and,
WHEREAS, at its meeting of May 3, 2010, the City Council and Redevelopment
Agency authorized the First Amendment to the Agreement; and,
WHEREAS, the parties desire to modify and amend certain provisions of the
Agreement; and,
WHEREAS, at its meeting of March 14, 2011, the City Council and
Redevelopment Agency authorized this Amendment to the Agreement.
NOW, THEREFORE, in consideration of the foregoing, City, Agency and DBA
mutually agree as follows:
1. Section B.3 of the Agreement is hereby amended to read as follows:
"May, at the sole discretion of the City Council, appropriate in Fiscal Year
2011/2012, an amount equal to Fifty-Four Thousand Five Hundred Forty
Dollars ($54,540); and"
2. Section C.1 of the Agreement is hereby amended to read as follows:
"May, at the sole discretion of the Agency Board, appropriate in Fiscal
Year 2011/2012, an amount equal to Sixty-Seven Thousand Five Hundred
Sixty Dollars ($67,560); and"
Page 1 Contract No. 2009-067A
3. Except as expressly set forth herein, all terms and conditions of the Agreement
shall remain in full force and effect.
4. This Amendment shall be effective on the date it is signed on behalf of City.
Signatures
City of Culver City DBA
John M. Nachbar John Byers
City Manager President
Dated: Dated:
Culver City Redevelopment Agency
Sol Blumenfeld
Assistant Executive Director
Dated:
Approved as to Form: Approved as to Form:
Murray Kane Carol A. Schwab
Agency General Counsel City Attorney
Approved as to Business Approved as to Financing:
Tax Certificate:
Treasury Division Jeff Muir
Account # Chief Financial Officer
Page 2 $23,760M
(City: $13,440)
(Agency: $10,320)
s$7,2:4000 . •
(Funded by Agency)
Parking Garages
Elevator Doors Monthly
TRASH
Pedestrian Cans 1/day Mon - Fri; 2/day Sat - Sun
SANITATION
$28,500.00
(Funded by City)
STREETSCAPE .
Sidewalk Planters/Pots Weekly
Tree Wells Weekly
Medians Weekly
Bike Racks As needed
PARKS &
RECREATION
$12600.130
(Funded by City)
TOTAL $122,100.00
$54,540 City
$67,560 Agency
Attachment No. 2
TASK LIST DBA - CITY - AGENCY MOU 2011-12
PITY/A:Gig N CY .:: CITY/AGE N CY:' ,;:::
: DEPARTMENT MAINTENANCE TASK MINIMUNI.LEVELQFSERYICE . : FLIND
...TRANSFER
PUBLIC WORKS I
REDEVELOPMENT
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
TOWN PLAZA
Sidewalk Litter/Debris/Cleaning
Planters/Pots
Shrubs / Hedges
Every other day
Weekly
Weekly