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HomeMy WebLinkAboutHuntington Beach Downtown Business Improvement District - 2013-09-16Dept ID PW 13-062 Page 1 of 2 Meeting Date 9/16/2013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE- 9/16/2013 SUBMITTED TO- Honorable Mayor and City Council Members SUBMITTED BY- Fred A Wilson, City Manager PREPARED BY: Travis K Hopkins, PE, Director of Public Works Kellee Fritzal, Deputy Director of Economic Development SUBJECT: Approve and authorize execution of a Memorandum of Understanding (MOU) with the Huntington Beach Downtown Business Improvement District (HBDBID) delegating authority to the HBDBID for cleaning and maintenance within the HBDBID boundaries downtown Statement of Issue The City of Huntington Beach and the Huntington Beach Downtown Business Improvement District (HBDBID) propose to enter into a Memorandum of Understanding delegating authority to the HBDBID for cleaning and maintenance within the HBDBID boundaries downtown Financial Impact Funds in the amount of $154,000 are budgeted in Landscape Maintenance account number 10085602 64620 for fiscal year 2013/14 Recommended Action Approve and authorize the Mayor and City Clerk to execute the "Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Downtown Business Improvement District " Alternative Action(s) Do not approve the Memorandum of Understanding and direct staff to proceed differently Analysis In June of 2009, City Council approved a Memorandum of Understanding between the City and the HBDBID delegating authority for certain cleaning and maintenance services within the HBDBID boundaries downtown The program includes • Day porter services • Cleaning of sidewalks and gutters • Scrubbing of sidewalks with scrubber or high pressure/low volume washer with recapture unit process known as zero discharge (regulated state and federal guidelines - Title 22) • Remove gum from surfaces • Clean trash can lids as needed • Address minor graffiti issues in conjunction with the city The 2009 MOU provided a one-year pilot program and three years of service following the successful pilot The HBDBID has provided maintenance management that is efficient and responsive during the initial four years of the program Based on this success, staff is proposing a Item 11. - 1 HB -220- Dept ID PW 13-062 Page 2 of 2 Meeting Date 9/16/2013 new MOU effective October 1, 2013, for an additional three-year term with annual renewal (cancellable with 30-days notice at any time) The new MOU proposes to expand the service area to include 5th Street between Olive Avenue and Orange Avenue (west side only) 5th Street between Walnut Avenue and Olive Avenue (east and west side) The highlighted areas on the map included as Exhibit A of the MOU are the areas where services are provided The areas on 5th Street marked in red indicate the new service areas added with this MOU Environmental Status Not applicable Public Works Commission Action Not required Strategic Plan Goal Improve the City's infrastructure Attachment(s) 1 Memorandum of Understanding Between The City Of Huntington Beach And The Downtown Business Improvement District HB -221- Item 11. - 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT This Memorandum of Understanding (the "MOU") is entered into by and between the City of Huntington Beach (hereinafter "the City"), a California municipal corporation, and the Huntington Beach Downtown Business Improvement District (hereinafter "HBDBID"), a California non-profit corporation, for the cleaning of the sidewalks, plazas and paseos on Main Street within the HBDBID boundaries RECITALS WHEREAS, the City and HBDBID have a common interest of providing and enhancing tourist experiences in the downtown along with increased maintenance, cleanliness and preservation of Main Street, and The City has expended sigmficant resources toward the improvement of the sidewalks and general appearance of the City's downtown areas, including the Main Street area, through the installation of sidewalks, street lighting, aesthetic improvements and displays, and The City and the HBDBID have a common interest in protecting, promoting and maintaining the downtown as a healthy and growing area for commerce and an attractive and safe place for public enjoyment, and The HBDBID has expertise and opportunity to provide maintenance management that is necessary to keep the City's Main Street area of the BID attractive, clean and safe, and the HBDBID is willing to enter into an agreement with the City to carry out those objectives, and The City has identified processes necessary to satisfy its contracting requirements when employing maintenance management contractors, including, pursuant to Charter section 612, it will not require the payment of prevailing wages for street and sidewalk cleaning services, and The City and the HBDBID have met to discuss maintenance standards within the downtown area of Huntington Beach, specifically portions of Main Street described herein and identified ways to accomplish their mutual objectives of providing enhanced cleaning and information in the downtown area As a result, the parties have committed to work toward the achievement of those mutual objectives NOW THEREFORE, based on the foregoing Recitals, the City and the HBDBID agree as follows 13-3880/100803 1 RESPONSIBILITIES OF THE HBDBID The HBDBID shall, in general, provide, either directly or indirectly (i e via an agreement with a duly -qualified contractor or contractors) for the enhanced maintenance of certain downtown areas as well as "day porter" services Specific maintenance services to be provided include, but are not limited to GEOGRAPHIC AREA • Main Street from Pacific Coast Highway (PCH) to Pecan Avenue (Excluding the third block on the west side of Main Street) • Walnut Avenue between 3rd Street and 5th Street • Olive Avenue between 3rd Street and 5th Street (Excluding the third block on the west side of Main Street) • Orange Avenue between 3rd and 5th Street (Excluding the third block on the west side of Main Street) • Main Street from North of Orange Avenue and Pecan Street • 5`h Street between Olive Avenue and Orange Avenue (west side only) • 5`h Street between Walnut Avenue and Olive Avenue (east and west side) See map (attached hereto as Exhibit A and incorporated hereby by reference) Maintain as needed: • The Public Right of Ways on PCH between the El Don Liquor building and Oceanview Promenade • The Public Right of Way between Oceanview Promenade and Perq's • The Z-Park Area • The alley between the second block west of Main Street and 5`h Street • The alley between the third block east of Main Street and 3rd Street DAY PORTERS FOR MAIN STREET (PCH TO ORANGE AVENUE) • Commumcation either by radio or cell phone with BID designee • Must be able to respond to immediate cleaning issues • Day porter must be easily identified by the public with bright shirt color and surf emblem name tag • Day porter should be aware of all ground floor retail/store/service locations • Coordinate hours with the Huntington Beach Downtown Business Improvement District (HBDBID) May require change of shift hours or, in some cases, extended hours • Ensure that areas identified herein are cleaned by close of any events. DAILY • Clearing of debris and clutter from sidewalks and gutters • Clean all debris by tree wells, planters 13-3880/100803 2 • Monitor exterior of City -owned cigarette ash receptacles • Clean the top lids of trash receptacles AS REQUIRED • Cleaning of sidewalks and gutters • Clean out exterior of trash can receptacles • Scrubbing of sidewalks with scrubber or high pressure/low volume washer with recapture unit process known as zero discharge (regulated state and federal guidelines - Title 22) • Remove gum from surfaces • Clean trash can lids as needed • Address minor graffiti issues (stickers on trash, signs, etc , and report major graffiti issues to the City, in conjunction with City staff) • Conduct inspections of maintenance work Schedules and other details regarding the above mentioned tasks shall be determined by the HBDBID and contractor and set forth in a writing that must be approved by the Director of Public Works or his/her designee 2 RESPONSIBILITIES OF THE CITY Under this MOU, the City A Will provide an employee from the Public Works Department to assist the HBDBID with questions that may arise from time to time B Will conduct informal inspections on a weekly basis to determine whether the tasks contemplated in this MOU are being accomplished C Will conduct a formal inspection with a HBDBID representative on a monthly basis D Will review maintenance invoices from the HBDBID and the selected vendor on a monthly basis 3 DISBURSEMENT OF FUNDING At the sole discretion of the City, One Hundred Fifty-four Thousand Dollars ($154,000) in Fiscal Year 2013/2014 may be appropriated to fund this program A portion of the funding (if any) shall be available to the HBDBID on a monthly basis The HBDBID may request reimbursement as follows A The City may provide payment upon execution of this MOU, which includes cost of maintenance and administrative fees. After the first month, the HBDBID may submit a reimbursement request for costs incurred by the HBDBID for performing services hereunder Such reimbursement requests 13-3880/100803 3 shall be in a form acceptable to the City, and include substantiation for amounts requested, including copies of invoices and other documentation as may be required by the City B The fee for administration of this MOU shall not exceed 15% (fifteen percent) of the total contract amount in any given year In the event the contract amount (One Hundred Fifty -Four Thousand Dollars ($154,000) increases beyond the two percent in any given year, the City may at its sole discretion either limit the administrative fee to a two -percent increase above the original contract amount of One Hundred Fifty -Four Thousand Dollars ($154,000) (compounded from any additional increase) or provide ten percent of One Hundred Fifty -Four Thousand Dollars ($154,000) for that year C Upon receipt of such a reimbursement request, the City shall review the request, and upon approval, which may be withheld at the sole discretion of the City, issue reimbursement to the HBDBID within thirty (30) days after receipt of the request D The HBDBID must have a bank account to deposit funds contemplated herein that is separate from other funds The account number shall also be provided to the City in order to deposit monies electronically E If the City, at its sole discretion, decides that the reimbursement request is without ment (in whole or in part), then, within fifteen (15) days after receipt of the reimbursement request, the City will notify the HBDBID in writing the reason for the denial together with any partial payment if applicable F In no case shall the total amount reimbursed to the HBDBID for the services performed hereunder during any fiscal year exceed the amount appropriated for these purposes by the City Council G In the event the City denies a reimbursement request in whole or in part, the HBDBID shall be responsible for any and all cost incurred by third -party contractor(s) or subcontractor(s) in performing services contemplated herein In future fiscal years, City may 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 In the event City decides not to fund the program, this MOU will terminate with no further obligations including payment by the City (as provided in Section 8) To assure that the City is not obligated to contractors or subcontractors of the HBDBID, any agreements entered into between the HBDBID and contractors shall include a clause that requires termination of the agreement between HBDBID and any contractor or subcontractor (if any) if the City ends this MOU (in addition to the indemnification, hold harmless and insurance requirements) 13-3880/100803 4 4 INDEMNIFICATION, DEFENSE, HOLD HARMLESS HBDBID hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and incidental or consequential damage or liability of any kind or nature, however caused, including third -parry contract liability or those resulting from death or injury to HBDBID's employees and damage to HBDBID's property, arising directly or indirectly out of the obligations or operations herein undertaken by HBDBID, caused in whole or in part by any negligent act or omission of the HBDBID, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City HBDBID will conduct all defense at its sole cost and expense and City shall approve selection of HBDBID's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as a limitation upon the amount of indemnification to be provided by HBDBID 5 WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, HBDBID acknowledges awareness of Section 3700 et seq of this Code, which requires every employer to be insured against liability for workers' compensation, HBDBID covenants that it will comply with such provisions prior to commencing performance of the work hereunder HBDBID shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. HBDBID shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and HBDBID shall similarly require all subcontractors to waive subrogation 6. INSURANCE In addition to the workers' compensation and employer's liability insurance and HBDBID's covenant to defend, hold harmless and indemnify City, HBDBID shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service This policy shall indemnify HBDBID, its officers, employees and agents while acting within the scope of their duties, against any and all claims ansing out or in connection with the Project/Service, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional 13-3880/100803 5 Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that HBDBID's insurance shall be primary - Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of CITY, however an insurance policy "deductible" of $5,000 00 is permitted 7 CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, HBDBID shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this MOU, the certificates shall a provide the name and policy number of each carrier and policy, b state that the policy is currently in force, and c promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of City HBDBID shall maintain the foregoing insurance coverages in force until the work under this MOU is fully completed and accepted by City The requirement for carrying the foregoing insurance coverages shall not derogate from the HBDBID's defense, hold harmless and indemnification obligations as set forth under this MOU City or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance HBDBID shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required HBDBID shall provide a separate copy of the additional insured endorsement to each of HBDBID's insurance policies, naming City, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder 8 TERMINATION AND RENEWAL HBDBID, upon the default hereunder by the City, may terminate this MOU by providing at least thirty -days' (30-days') written notice to the City Services provided hereunder shall continue until the date of termination Reimbursement for said services may be requested by the HBDBID up to ninety (90) 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 City may terminate this MOU with or without cause at its sole discretion and at any time by providing at least thirty (30) days' written notice to the HBDBID 13-3880/100803 6 In the event either party terminates this agreement, the HBDBID shall be responsible for any and all incurred costs remaining to contractors or subcontractors entered into to further this MOU In addition, the HBDBID will immediately return any unused funds disbursed by the City in furtherance of this MOU In the event of termination, the HBDBID will no longer be responsible for the - downtown maintenance contemplated in this agreement The term of this MOU shall be three years, commencing on October 1, 2013, unless terminated as provided herein Should HBDBID and City fully and faithfully perform all the terms and conditions of this MOU for the full term the MOU shall automatically renew on an annual basis for a period not to exceed one year from the effective date of this MOU, unless earlier terminated as provided herein. Should the HBDBID choose not to renew this MOU for an additional one year term, written notice shall be provided to the City at least ninety (90) days prior to the expiration of the term (not withstanding either parties' ability to terminate the agreement as provided above) 9 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 10 INTENT The City and the HBDBID are committed to actively pursuing the items specified within this MOU toward the increased vitality of the Downtown area of Huntington Beach The parties agree the general terms of services set forth in this MOU form the basis for the specific maintenance services required and which shall be developed by the City, HBDBID, and the contractor employed to perform specific maintenance services 13-3880/100803 7 11 EFFECTIVE DATE The effective date of this MOU shall be the date it is signed on behalf of the City and Agency or October 1, 2013, whichever is sooner IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers on 2013 HUNTINGTON BEACH DOWNTOWN BUSINESS IMPROVEMENT DISTRICT By: print name ITS (circle one) Chairman/Presiden ice President AND By print name ITS (circle o S cret Chief Financial Officer/Asst Secretary - Treasurer REVIE APPROVED //1"yManager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of CalifMia, a _. Mayor fNh INITIATED AND APPROVED irector of Public orks APPROVED ASTOFORM City Attorne Exhibits A Map of the Downtown Business Improvement District 13-3880/100803 L Legend z park /® Sidewalk and street boundaries/Sidewalk Steaming Alley _ 10 fC Public Right of Way City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 18, 2013 Huntington Beach Downtown Business Improvement District 315 — Third St Huntington Beach, CA 92648 To Whom It May Concern Enclosed for your records is a copy of "Memorandum of Understanding Between the City of Huntington Beach and the Downtown Business Improvement District " Sincerely, Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities Anjo, Japan ♦ Wartakere, New Zealand