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SR-11-13-2012-3KCity Council Meeting: November 13, 2012 Agenda Item: 3 °V- To: Mayor and City Council From: Andy Agle, Director of Housing and Economic Development Subject: Downtown Santa Monica Inc. (DTSM) Services Agreement Amendment Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a Second Amendment to Services Agreement No. 9063 (CCS) with DTSM to add an additional distribution date in the payment schedule outlined in the Agreement. Executive Summary The recommended amendment would add an additional distribution date in order to provide a more timely distribution of downtown business and property -based assessments to DTSM. Background On May 12, 2009, Council approved an Amended and Restated Services Agreement Number 9063 (CCS) (the "Agreement ") between the City and Bayside District Corporation (BDC). On February 28, 2012, Council authorized the First Modification to the Agreement to reflect the name change of the BDC to Downtown Santa Monica, Inc. (DTSM). Under the Agreement, the City collects fees generated from the Downtown Santa Monica Property -Based Assessment District (PBAD), the Mall Maintenance Fee, and the Central Business District Fee (CBD) and is required to disburse to DTSM, less the applicable administrative fee, all funds received and accounted for during four disbursement periods, specifically within 21 days of December 31, February 28, May 31 and August 31 of each year. 1 Discussion The frequency of disbursement contained in the Agreement currently has created cash flow challenges for DTSM, particularly because a large amount of funds are collected and held by the City for several months during the fall period. Staff recommends a modification to the Agreement in order to add a fifth disbursement date, September 30, each year. A significant amount of funds are typically accumulated between September 1 and September 30 of each year from the City's collection of the Mall Maintenance Fee and CBD assessment with business license renewals. Under the current Agreement, the disbursement of these funds would occur after December 31. The proposed September 30 distribution would make these funds available to DTSM sooner and enable DTSM to better budget and ensure sufficient cash flow for the services they provide to the Downtown community. Financial Impacts & Budget Actions The proposed modification of the Agreement has no budget or financial impact on the City. Prepared by: Elana Buegoff, Sr. Development Analyst Andy Agle, Director Housing and Econom 2 Forwarded to Council: Rod-Gould City Manager Reference Amended Contract No. 9063 (CCS).