City of Culver City, California
Agenda Item Report
J-2.-1
RECOMMENDATION:
Staff recommends the City Council and Redevelopment Agency Board (Board)
approve an amendment to the existing Amended Memorandum of Understanding
(MOU) with the Downtown Business Association (DBA) renewing the agreement
for the DBA to provide general maintenance services in downtown Culver City
(Downtown) for the fiscal year of July 1, 2010 through June 30, 2011.
BACKGROUND:
On March 24, 2008, the City Council and Board approved a one-year MOU
whereby the DBA would provide certain maintenance services in Downtown for
fiscal year 2008-09. The City Council and Board subsequently approved an
Amended MOU for fiscal year 2009-10. The City Council and Board are now
asked to approve an amendment renewing and revising the Amended MOU for
fiscal year 2010-11.
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
Meeting Date: 05/03/10 Item Number: J-2
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Approval of an Amendment to the Existing Amended Memorandum of
Understanding with the Downtown Business Association for Maintenance
Services in Downtown Culver City for Fiscal Year 2010-2011.
Contact Person/Dept.: Glenn Heald
Community Development Department
Phone Number: 310.253.5752
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [ ]
Public Hearing: [ ] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail, Telephone, and In-Person Meeting) Downtown Business
Association (03/03/10, 03/08/10, and 04/28/10); (E-Mail) Meetings and Agendas – City
Council & Redevelopment Agency (04/30/10).
Department Approval:
Sol Blumenfeld: (04/21/10)
City Attorney Approval:
Carol Schwab (04/27/10)
Agency General Counsel:
Murray Kane:
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (04/29/10)
City Manager/Agency Executive Director
Approval: P. Lamont Ewell (04/29/10) City of Culver City, California
Agenda Item Report
J-2.-2
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. The DBA
sub-contracts with a maintenance provider for services previously performed or
contracted out by the City and Agency. The City and Agency reimburse the DBA
using funds budgeted to perform those maintenance services either in-house or
through contract services. 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 scope of maintenance services performed by the DBA and their contractor(s)
is denoted in Attachment No. 1. The following change has been incorporated into
the proposed amendment to the Amended MOU for fiscal year 2010-11:
• Pedestrian trash can service in downtown is currently shared between
Public Works (Monday through Thursday) and the DBA (Friday, Saturday
and Sunday). Beginning July 1, 2010 the DBA will assume all downtown
pedestrian trash can service. Accordingly, funding of the MOU for $10,000
will come from Refuse Collection account 20267100.517500.
As approved by the City Council and the Board, the DBA has been responsible
and will continue to be responsible for the following, including the revision noted
above:
1. Sidewalk trash receptacles within downtown shall be emptied every Friday
and twice per day every Saturday and Sunday, at a minimum, to avoid
spillover (revised to every day Monday through Friday and twice daily
Saturday and Sunday per proposed amendment);
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
stairwells, landings and entrance ramps shall be swept and pressure
washed, and elevators wiped down to maintain a clean appearance; City of Culver City, California
Agenda Item Report
J-2.-3
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 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.
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 City of Culver City, California
Agenda Item Report
J-2.-4
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 2010-2011 for the following reasons:
• Downtown receives equitable and usually 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 Amended MOU with the DBA. If the City Council and
Agency Board approve the proposed Amendment to the Amended MOU for Fiscal
Year 2010-2011, the City will transfer to the DBA an additional $10,000 already
programmed in the proposed Fiscal Year 2010-11 Sanitation Division budget. City of Culver City, California
Agenda Item Report
J-2.-5
ATTACHMENTS:
1. Matrix describing maintenance services to be provided in Downtown; and
2. Proposed Amendment to the Amended MOU for fiscal year 2010-11.
MOTION:
That the Culver City 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 2010-2011; 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 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 2010-2011; and,
2. Authorize the 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: 05/03/10
AGENDA ITEM: Approval of an Amendment to the Amended 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 Amendment to the Amended MOU for Fiscal Year 2010-11. 2-3Elevator Doors Monthly
PUBLIC WORKS /
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
Parking Garages
TRASH
Pedestrian Cans 1/day (Mon - En); 2/day (Sat/Sun.)
$28,500.00
(Funded by City)
SANITATION
$23,760.001
(City: $13,440)
(Agency: $10,320)
PARKS &
RECREATION
STREETSCAPE
Sidewalk Planters/Pots Weekly
Tree Wells Weekly
Medians Weekly
Bike Racks As needed
TOWN PLAZA
Sidewalk Lifter/Debris/Cleaning Every other day
Planters/Pots Weekly
Shrubs / Hedges Weekly
$12,600.00
(Funded by City)
Attachment
TASK LIST DBA - CITY AGENCY MOU 2010-11
ciTy/AopNov .
PITYIAG.g:N.P.Y.::.:.
.:::...::.DEPARTMENV.
MAINTENANCE TASK MINIMUM EVE CWSERVI C.E . . FUND . .
: TRANSFER .
TOTAL $122,100.00
$54,540 City
$67,560 AgencyAttachment 2.
Contract No. 2009-067A
CITY OF CULVER CITY
CULVER CITY REDEVELOPMENT AGENCY
AMENDMENT TO AMENDED MEMORANDUM OF UNDERSTANDING
WITH: CULVER CITY DOWNTOWN BUSINESS ASSOCIATION
FOR: MAINTENANCE SERVICES IN DOWNTOWN CULVER CITY
This 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 Culver City City Council and
Culver City Redevelopment Agency approved an Amended Memorandum of
Understanding (the "Agreement"); and,
WHEREAS, the parties desire to modify and amend certain provisions of the
Agreement; and,
WHEREAS, at its meeting of May 3, 2010, the City Council and Redevelopment
Agency authorized this Amendment to the Agreement.
NOW, THEREFORE, in consideration of the foregoing, City and Consultant
mutually agree as follows:
1. Section A.1 of the Agreement is hereby amended to read as follows:
"Sidewalk trash receptacles within the BID shall be emptied once per day
Monday through Friday and twice per day every Saturday and Sunday, at
a minimum, to avoid spillover;"
2. 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
2010/2011, an amount equal to Fifty-Four Thousand Five Hundred Forty
Dollars ($54,540); and"
3. Section C.1 of the Agreement is hereby amended to read as follows:
Page 1Contract No. 2009-067A
"May, at the sole discretion of the Agency Board, appropriate in Fiscal
Year 2010/2011, an amount equal to Sixty-Seven Thousand Five Hundred
Sixty Dollars ($67,560); and"
4. Except as expressly set forth herein, all terms and conditions of the Agreement
shall remain in full force and effect.
5. This Amendment shall be effective on the date it is signed on behalf of City.
Signatures
City of Culver City DBA
P. Lamont Ewell
Interim City Manager
Dated:
Ken Kaufman
President
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
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