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SR 07-25-2023 11A City Council Report City Council Meeting: July 25, 2023 Agenda Item: 11.A 1 of 14 To: Mayor and City Council From: David Martin, Director, Administration Subject: Approval of Downtown Santa Monica, Inc. (“DTSM”) FY2023-24 Budget and Work Plan and Authorization of Various Agreements Between City and DTSM Recommended Action Staff recommends that the City Council:   1. Adopt a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines; 2. Approve the Downtown Santa Monica, Inc. (DTSM) Fiscal Year 2023-24 Budget and Work Plan; 3. Authorize the City Manager to execute proposed Master Services Agreement between DTSM and City to replace and supersede the Amended and Restated Services Agreement (CCS 9063) executed in 2019, (“Services Agreement”) to authorize DTSM to retain private security services for downtown Santa Monica for a one-year pilot program and also replace and supersede the existing Maintenance Services Agreement (CCS 9626), executed in 2012, by including in the Master Services Agreement the ongoing responsibilities of DTSM and City pertaining to custodial services for City’s parking structures and DTSM’s license to use a portion of parking structures 5 and 6; 4. Authorize the City Manager to negotiate and execute a First Modification to the Memorandum of Understanding with DTSM for community events at Lot 27 to extend the term for two additional years (to 2025) and expand the site area to authorize DTSM to temporarily activate the City-owned lot at 1318 4th Street for community events and activities consistent with DTSM’s roles and responsibilities under the proposed Master Services Agreement; 5. Authorize the City Manager to reinstate and amend the Third Street Promenade Public Services Program and Amenities License Agreement with DTSM to continue activation of the Promenade, including the addition of operating a Promenade vending cart program for four additional years, exercised by annual options (to 2027); and 6. Authorize the City Manager to negotiate and execute a Letter of Intent between the City, DTSM and Rooftop Cinema Club for the activation of the Parking Structure 6 rooftop space as an outdoor movie theater. 11.A Packet Pg. 1600 2 of 14 Summary Santa Monica's Downtown area is a significant driver of the City's commercial, cultural and tourism economy. Downtown Santa Monica, Inc. (“DTSM”) is a non-profit corporation organized under state law that currently administers the downtown Santa Monica Property-Based Assessment District (“Santa Monica PBAD" or “Downtown”) that is comprised of commercial properties and businesses located in the downtown Santa Monica area, including the Third Street Promenade.  For purposes of this staff report and proposed Master Services Agreement, the “Santa Monica PBAD” or “Downtown” also includes the Lincoln Boulevard Property Based Assessment District (“Lincoln PBAD”) and the Colorado Avenue Property Based Assessment District Overlay Zone (“Colorado Overlay Zone”). The mission of DTSM is to work with the City of Santa Monica to promote economic stability, growth and community life within Downtown Santa Monica.  The roles and responsibilities of DTSM are defined in the Services Agreement (#9063 CCS) and annual DTSM Work Plan. Under this agreement, the City authorizes DTSM to manage and provide a variety of programs and services related to the operation of the Santa Monica PBAD. The Services Agreement requires DTSM to submit, and Council to approve, an annual budget and work plan that summarizes the activities, projects, and programs that DTSM intends to carry out during the upcoming Fiscal Year. The Santa Monica PBAD is the business district that has been most heavily impacted by the COVID-19 pandemic, which curtailed tourism and accelerated global trends in the retail industry as more shoppers opted to shop online instead of visiting brick-and- mortar stores.  While tourism is rebounding and new businesses are opening, the lasting COVID impacts are especially noticeable on the Third Street Promenade.  The City and DTSM have a long-standing collaborative relationship and are prioritizing resources to help expedite the downtown district’s overall economic recovery, including addressing concerns of security, safety, maintenance, and homelessness.  DTSM and the City continue to work closely together to identify the best strategies to address these issues, including adjusting services to prioritize “clean and safe” efforts 11.A Packet Pg. 1601 3 of 14 throughout the downtown district and identifying opportunities to leverage City-owned property to support Downtown’s economic recovery, including creative programs, events and activations on the Promenade, weekend activations of Lot 27 (452 Arizona Avenue) at the intersection of 5th Street and Arizona Avenue, for community events such as the 626 Night Market, and exploring opportunities to transform the upper deck of Parking Structure 6 to a rooftop cinema.   There is focused effort on revitalizing the 1200 Block of the Third Street Promenade in accordance with Council direction and staff will also be presenting additional proposed zoning amendments at tonight’s Council meeting (July 25, 2023) that would help support new and expanded business operations on this block with focus on dining and entertainment.  The adoption of the proposed Work Plan and Budget for Fiscal Year 2023/24 authorizes DTSM’s continued operations and the City’s quarterly revenue disbursement for services, in accordance with the proposed Master Services Agreement.  Proposed changes to DTSM responsibilities for Fiscal Year 2023/24 include private security services for the Santa Monica PBAD during a one-year pilot program (“Pilot Program”) which necessitate updates to the Services Agreement. For this reason, Council is being asked to adopt the proposed Master Services Agreement to authorize DTSM to directly retain and fund private security service(s) in Downtown during the one-year Pilot Program. Finally, the proposed Master Services Agreement includes DTSM and the City’s ongoing responsibilities as specified in the Maintenance Services Agreement that will expire on December 2, 2023. DTSM’s responsibilities include delivery of custodial maintenance services in Parking Structures 1, 2, 4, 5 and 6 and restroom monitoring in Parking Structures 2, 4 and 5 in exchange for the City’s Promenade Maintenance Team assuming responsibility for certain enhanced levels of maintenance services for Ocean Avenue, Colorado Avenue, Broadway, Santa Monica Boulevard, Arizona Avenue, Wilshire Boulevard and 5th thru 7th Streets, in addition to the City providing on-going baseline custodial maintenance throughout the Downtown (e.g. sweeping, trash removal, graffiti removal and tree trimming). The Master Services Agreement also specifies that DTSM provides additional enhanced custodial services throughout the 11.A Packet Pg. 1602 4 of 14 Downtown to support a clean, active and well-managed Downtown. The base line custodial services are funded by the City and the enhanced levels of maintenance services are funded by PBAD assessment revenues. The attached Work Plan includes the operations matrix that lists both the City and DTSM’s roles and responsibilities for enhanced service delivery throughout the Downtown. The proposed Master Services Agreement will also replace and supersede the Maintenance Services Agreement. Discussion DTSM is a 501(c)(3) non-profit organization that is under contract with the City to administer business and property-based assessment districts, including the management of a variety of programs, services, and operations to support economic stability, growth, and community life in the Santa Monica PBAD. DTSM provides hospitality and maintenance services, programs a year-round calendar of community events, including the SaMoPride Festival, the 626 Night Market, and ICE skating rink and promotes Downtown as a vibrant shopping, dining, and entertainment destination. Efforts this last fiscal year and into the current fiscal year (2023-24) prioritize the inclusive and equitable economic recovery of the district with emphasis on business retention and attraction, prioritization of clean and safe initiatives and an increase in community-serving events to support Downtown’s ongoing economic recovery.  Last year, the City and DTSM relaunched the beloved ICE rink in Lot 27 and DTSM introduced the 626 Night Market to this site.  City and DTSM staff are now looking to expand activations across the street to 1318 4th Street (site of the former Parking Structure No. 3) in the interim period until construction commences for the new housing development.    On December 3, 2004, the City entered into a services agreement (“Original Services Agreement”) with Bayside District Corporation (“BDC” is the predecessor to DTSM) to establish the roles and obligations of BDC in the administration of certain functions and programs in the City’s downtown business area. On January 13, 2009, Council approved amendments to the Original Services Agreement to clarify and define the roles of BDC and the City and delineate the collection and disbursement of assessment fees generated from Downtown businesses and property owners. This new Services 11.A Packet Pg. 1603 5 of 14 Agreement (CCS 9063) replaced and superseded the Original Services Agreement. In 2011, the BDC Board of Directors approved a name change to Downtown Santa Monica, Inc. (“DTSM”). Over the last six months, DTSM has been working closely with the City to review roles and responsibilities between DTSM and the City, as outlined in the Services Agreement.   Since its approval by Council in 2009, the Services Agreement has been amended four times to reflect the name change from BDC to DTSM, adjust the disbursement schedule of annual assessment funds, expand the boundaries to include the Lincoln PBAD and Colorado Avenue Overlay Zone, and extend the term of the agreement for a twenty year period up through May 19, 2029. These amendments are included in the proposed Master Services Agreement along with proposed modifications to the roles and responsibilities of DTSM to reflect DTSM’s request to provide supplemental private security services for Downtown. The proposed Master Services Agreement will not change most of the existing terms, as specified in the Services Agreement, and will expire on May 19, 2029, unless earlier terminated or extended by the parties in writing pursuant to the proposed Master Services Agreement. Earlier this year, the DTSM Board of Directors appointed an Ad Hoc Committee led by DTSM Board Member Michelle Aronson, a representative of Douglas Emmett, one of the largest property owners in the Downtown area.  The purpose of this Committee was to review DTSM clean and safe priorities with the goal of making recommendations to the Board for potential changes to the FY2023/24 Work Plan and Budget to support enhanced safety in the Santa Monica PBAD. On May 3, 2023, DTSM held a Special Board Meeting where the Ad Hoc Committee recommended allocating up to $1.7 million from DTSM’s budget toward supplemental private security services in the Downtown.    The proposed daytime private security services for the one-year Pilot Program necessitate modifications to the Services Agreement.  DTSM will evaluate the Pilot Program by reviewing crime statistics, surveying their stakeholders, and seeking input from the City. On May 25, 2023, the DTSM Board adopted their annual budget and, on June 15, 2023, the Board adopted their annual Work Plan, both of which are consistent with existing 11.A Packet Pg. 1604 6 of 14 organizational priorities and investments, with an overriding focus on clean and safe initiatives.  As stated above, a significant funding priority for DTSM is community safety.  The Ad Hoc Committee and DTSM staff reviewed community safety efforts of other BIDS with similar private security services as to what is being proposed. DTSM indicates that similar services exist in Downtown Los Angeles, Burbank, Lancaster, and Berkeley. For FY 2023-24, the proposed budget includes the funding for the private daytime security for the Promenade, which would be operated as a one-year Pilot Program.  For this service, DTSM proposes to allocate approximately $1.7 million and would be funded primarily through reductions to DTSM Ambassador Services. DTSM has indicated that up to 16 full-time equivalent Ambassador position will be impacted.   In order for DTSM to use private security services for the Santa Monica PBAD after the Pilot Program expires, pursuant to the California Streets & Highways Code section 36636, DTSM will need to submit to the City a written request that the City modify the management district plans for the assessment districts located in the Santa Monica PBAD in which security personnel will be deployed to include private security services as an activity that will be funded from the revenue derived from the levy of assessments of these districts. Modifications to management district plans for assessment districts, including the activities that are funded by the assessments, require that the City comply with noticing requirements and hold a public hearing prior to modifying the plans as specified in California Streets & Highways Code section 36636. DTSM staff continue to work in close partnership with the City’s Promenade Maintenance Team and Parking Operations Office to monitor and enhance cleaning services throughout the Downtown District.  For FY 2023-24, DTSM has allocated funding for enhanced custodial maintenance services including power washing and as- needed hot spot cleaning of key public spaces, along with graffiti removal.    As it is for the City, reactivating public spaces in Downtown through events and assisting businesses to quickly open and operate in the Downtown is a high priority for DTSM.   To support safety priorities, in addition to the proposed private security services, DTSM actively supports the City in their efforts to keep Downtown safe, 11.A Packet Pg. 1605 7 of 14 advocates on behalf of DTSM with City, County and other government agencies to maintain regular service presence in the Downtown, and facilitates communication between partners engaged in preserving the safety of Downtown public spaces. Funding for the programs, services, and operations comes from revenue generated from two business-based assessment districts:  • The Central Business District (CBD), established in 1966, is funded by retail businesses in the CBD, and  • The Operation and Maintenance Assessment (Bayside Assessment), established in 1986, is funded by all businesses within the Bayside District. And three property-based assessment districts:  • The Downtown Santa Monica Property-Based Assessment District (Downtown PBAD), established in 2008,  • The Lincoln Boulevard Property-Based Assessment District (Lincoln PBAD) established in 2015, and  • The Colorado Avenue Overlay Zone (Colorado Overlay) established in 2015.    As required by the California Streets & Highways Code, the proposed Master Services Agreement between the City and DTSM, requires the annual preparation and approval of a budget and work plan. In accordance with this requirement, DTSM has submitted its FY 2023-24 Budget and Work Plan for Council review and approval.   Staff also recommends that Council approve the Master Services Agreement (attached) to authorize DTSM to provide supplemental private security services, as proposed in DTSM’s FY 2023/24 Budget and Work Plan. FY 2023-24 Budget   DTSM has prepared a budget for FY 2023-24 with anticipated revenues of $10,208,033 and anticipated expenditures of $10,629,733 .  The deficit would be funded by DTSM cash reserves.  The DTSM Board of Directors adopted the annual budget on May 25, 2023, and approved the work plan for FY 2023-24 on June 15, 2023.    11.A Packet Pg. 1606 8 of 14 In response to the current economic climate, DTSM did not increase the assessment rates.  Overall projected revenues reflect no increase from DTSM’s FY 2022-23 budget.     Operational Work Plan for FY 2023-24 The proposed Work Plan details DTSM’s operational and programming initiatives for FY 2023-24 . The Work Plan’s three strategic areas are:    • Operations and Public Space Management:   A clean, safe, and welcoming environment is the foundation for success in Downtown Santa Monica.  DTSM provides enhanced services in the areas of public safety, custodial maintenance, outreach, and marketing, while also helping to monitor and coordinate City’s services. Together, DTSM and the City fulfill the responsibility of creating a thriving and inviting community space for everyone. Operations and Public Space Management services make up 70% of DTSM, Inc’s FY2023-24 budget.  This priority area includes the following directives:  Public Safety, Advocacy and Oversight, Parking Structure Custodial Maintenance, Enhanced Custodial Maintenance, Parks Attendant/Restroom Monitoring and Social Outreach, and Placemaking and Beautification.  • Communications, Events and Development: DTSM furthers the reputation and economic vitality of Downtown Santa Monica and the Third Street Promenade through consistent branded communications, hosted and facilitated events, and economic development. Communications, Events and Development services make up 23 % of the DTSM FY2023-24 Budget.   This priority area includes the following directives:  Community Events and Activations, Partnerships, Public Relations and Promotions, Economic Development and Advocacy, Data and Research, and Communications and Outreach.  • Organization Management: DTSM is an efficient and effective organization that employs a professional staff to manage relationships and services that support Downtown Santa Monica. These functions require centralized administrative support funded through revenues received by DTSM throughout the fiscal year. 11.A Packet Pg. 1607 9 of 14 Organizational Management services make up 7% of the DTSM FY2023-24 Budget.  This priority area includes:  Administrative Functions, Professional Services, and Board and Staff Education and Development.  License Agreements  The City and DTSM have a long history of partnering to support activations in Downtown to promote the economic vibrancy of the Promenade, through community events, pop-up vending activations, festivals and more, attracting visitors and locals alike.   Staff is seeking Council authorization to extend and/or amend several existing agreements to help support this public-private partnership.  Lot 27 Community Events First Modification to Memorandum of Understanding   On September 28, 2021, the Council authorized the City to enter into an agreement with DTSM to allow for the activation of the City-owned parking Lot 27 (at the southwest corner of 5th Street and Arizona Avenue) to support additional activities for the Downtown, including the 626 Night Market, as a means to support the area’s economic recovery, consistent with DTSM’s roles and responsibilities under the Services Agreement.    The current agreement expires on December 31, 2023.  In order to support continued community activations, City Council is being asked to modify the agreement to extend the term for two additional years (expiring in 2025) and to add a second location nearby – 1318 4th Street - to allow for additional short-term activations on this City-owned property until the site is redeveloped for affordable housing.  The proposed amended license agreement also includes an increase in the daily parking rate for Lot 27 from $1,000 per day to $2,100, which is based on the actual daily parking rate that will be in effect as of January 1, 2024. Staff recommends increasing the community event fee for Lot 27 to reflect this actual rate effective for all events effective on January 1, 2024, and fees will increase annually thereafter to coincide with any increases in parking rates.   Revenue share opportunities will also continue to be evaluated based on the level of demand for this space. This would apply to gross revenue receipts exceeding the minimum daily rental fee, minus DTSM administrative costs. Based on DTSM feedback, staff also recommend increasing the monthly event limit from six days to eight days per month (e.g. two weekends per month with ability for 11.A Packet Pg. 1608 10 of 14 operator to also lease the lot on a Friday and/or Monday for loading/unloading). The limit to event days is due to the fact that this surface parking lot is highly utilized by area employees, particularly on weekdays. As there is not an established parking rate for 1318 4th Street site, staff proposes a revenue share agreement. Revenues generated from vending rentals minus DTSM operating costs would be split 50% with the City. DTSM typically charges a nominal rate for event coordination and uses this revenue to fund their operating expenses.   DTSM’s responsibilities including staffing and managing the license areas, and funding any direct operating costs such as utilities. To date, this agreement has been revenue neutral for the City.  The temporary closing of Lot 27 with attractions like 626 Night Market and ICE (which is governed under a separate License Agreement) has helped to attract additional downtown visitors.  Increasing the duration and frequency of events also helps to boost other important City revenue streams, including sales tax and parking tax revenue, which are essential to the City’s fiscal health.    Third Street Promenade Public Services Program and Amenities License Agreement    On September 10, 2018, Council authorized the Third Street Promenade Public Services Program and Amenities License Agreement between DTSM and the City.  It expired on June 30, 2023.  Staff requests that Council authorize the reinstatement and extension of this agreement so that DTSM may continue to program and activate the Promenade with public-serving programs and amenities, including outdoor board games, picnic tables, and 1200 Promenade Block Party events.  This agreement would also authorize DTSM to bring back the Promenade Vending Cart Program, including the very popular Kona Ice Truck.  Revenues generated from vending rentals minus DTSM operating costs would be split 50% with the City. DTSM would submit a quarterly report to the City with financial information and may be subject to annual audits.  Staff recommend extending this license agreement for four additional years with an expiration on December 31, 2027.  11.A Packet Pg. 1609 11 of 14 Rooftop Cinema Letter of Intent  Lastly, the DTSM Board has requested that Council authorize staff to proceed with negotiations with Rooftop Cinema Club to potentially activate the top level of Parking Structure 6 (1431 Second Street) as an outdoor cinema.  This idea was initially explored in 2017 for another parking structure but it was deemed not feasible due to the operational needs of the cinema and parking structure configuration limitations.  At that time, staff recommended that Parking Structure 6 be considered as a potential alternative site due to its size and relatively flat surface roof.  Negotiations ceased due to the COVID-19 pandemic.  To restart discussions, DTSM issued a Request for Proposals to seek interest for activating the Parking Structure 6 rooftop.  Two proposals were received and the DTSM Board is recommending that the City proceed with exploring the feasibility with Rooftop Cinema Club for Parking Structure 6, utilizing approximately 80 parking spaces (the top level) for year-round outdoor cinema operations.  DTSM and City staff are currently seeking additional information from Rooftop Cinema Club with the goal of entering into a Letter of Intent between the City, DTSM, and Rooftop Cinema Club for a potential five-to-ten-year license agreement.  Any further real estate negotiations would be brought back to Council for further direction and approvals.  This operation would also require Coastal Commission approval due to the anticipated loss of parking. Environmental Review The proposed DTSM agreements with the City are categorically exempt from CEQA pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Section 15301 exempts Class 1 projects from CEQA, which include the “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use”. The agreements would support operations, programming activities, and maintenance of the existing Downtown, and would not result in the expansion of land uses such that a physical impact would occur. The utilization of Parking Structure 6 for use of cinema uses would not result in any new physical environmental impacts, including transportation-related impacts related to vehicles miles traveled (VMT) pursuant to the City’s adopted VMT thresholds. In 11.A Packet Pg. 1610 12 of 14 addition, none of the exceptions specified in Section 15300.2 of the CEQA Guidelines would apply that would preclude the use of these CEQA exemptions - The project site is not located in a sensitive environment, the project will not have a significant effect on the environment due to unusual circumstances, the project would not damage scenic resources, the project would not be located on a hazardous waste site; and the project would not cause a change to a historical resource. Therefore, this project is categorically exempt per Section 15301 of the CEQA Guidelines. The proposed agreements qualify for a Class 1 exemption.    Past Council Actions Meeting Date Description 04/14/2009 DTSM Services Agreement Staff Report 04/24/2018 Third Street Promenade License Agreement Staff Report 08/28/2018 Rooftop Cinema Staff Report 09/10/2018 Third Street Promenade License Agreement 09/28/2021 Lot 27 Community Events MOU Staff Report 10/11/2022 DTSM FY 22-23 Work Plan + Budget Staff Report 02/28/2022 Lot 27 Community Events MOU Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended actions.   Staff will return to Council if specific budget actions are required in the future.   Two of the License Agreements mentioned above are envisioned to generate a nominal amount of revenue after accounting for operating expenses.    The Lot 27 Community Events MOU has resulted in revenues to date of $24,000 primarily from the 626 Night Market. Community event revenue generated from the Lot 27 rentals is deposited to the City’s Parking Operations revenue account 01600004.403330. In FY 2023-24, given the daily rental rate increase and expansion of event days, it is anticipated that Lot 27 Community Events MOU will generate at least $50,400 in revenue for the City. The City’s share of revenues generated from event activations at 1318 4th Street are 11.A Packet Pg. 1611 13 of 14 anticipated to be at least $50,000 and will be deposited into the City’s Housing Trust Fund Account 14420001.415000. Demand for this space is hard to estimate at this time. More accurate revenue calculations will be known once DTSM issues a Request for Proposals for activating this space, which could attract weekend markets as well as month-long activations such as roller skating. The space may be less appealing than Lot 27 due to lack of on-site infrastructure and utilities. Reinstatement and extension of the Third Street Promenade Public Services Program and Amenities License Agreement is anticipated to generate a small amount of revenue for the City. Recent vending cart operations generated approximately $50,000 in annual revenue for DTSM.  When taking into account operating expenses, including utilities, and a 50/50 revenue share, it is anticipated the revenue for the City would be less than $10,000 per year. Revenues will be deposited to revenue account 01700014.409810.   Prepared By: Jennifer Taylor, Economic Development Adminstrator Approved Forwarded to Council Attachments: A. DTSM Work Plan FY23-24 B. DTSM Budget FY23-24 C. DTSM Master Services Agreement - Final 2023 Draft with Exhibits D. Third Street Promenade Amenities License Agreement E. Rooftop Cinema Staff Report F. Third Street Promenade Amenities License Agreement Staff Report G. DTSM Lot 27 Community Events MOU H. Lot 27 Community Events Staff Report (Web Link) I. DTSM Work Plan FY 22-23 J. Written Comments 11.A Packet Pg. 1612 14 of 14 K. PowerPoint Presentation 11.A Packet Pg. 1613 DOWNTOWN SANTA MONICA,INC. ANNUAL WORK PLAN +BUDGET FY2023/24 1 11.A.a Packet Pg. 1614 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Table of Contents Introduction...................................................................................................................................................................3 Services.....................................................................................................................................................................4 Strategic Priorities.....................................................................................................................................................4 Fiscal Year 2023/2024 Budget and Allocations.........................................................................................................5 Operations and Public Space Management......................................................................................................5 Public Safety.......................................................................................................................................................5 Advocacy and Oversight.................................................................................................................................5 Parking Structure Custodial Maintenance......................................................................................................6 Enhanced Custodial Maintenance.................................................................................................................6 Parks Attendants,Restroom Monitoring,and Social Outreach....................................................................6 Placemaking and Beautification.....................................................................................................................6 Communications,Events,&Development...........................................................................................................7 Community Events and Activations.................................................................................................................7 Partnerships.........................................................................................................................................................7 Public Relations and Promotions......................................................................................................................7 Economic Development and Advocacy.......................................................................................................7 Data and Research...........................................................................................................................................8 Communications and Outreach.....................................................................................................................8 Organizational Management................................................................................................................................9 Administrative Functions...................................................................................................................................9 Professional Support...........................................................................................................................................9 Board and Staff Education and Development..............................................................................................9 Exhibit A -FY23-24 Budget.....................................................................................................................................10 Exhibit B -District Boundary Map..........................................................................................................................11 Exhibit C -Downtown Parking Structures Licensed Area..................................................................................12 Board Directory......................................................................................................................................................15 Staff Directory.........................................................................................................................................................15 DTSM,Inc.Operations Enhanced Maintenance Schedules..................................................................................16 Parking Structure Maintenance Schedule....................................................................................................16 Lincoln Blvd and Colorado Ave Maintenance Schedule...........................................................................16 Pressure Washing Schedule............................................................................................................................17 Restroom Monitoring Schedule......................................................................................................................17 General Maintenance Schedule...................................................................................................................18 Activity Frequency...........................................................................................................................................18 City of Santa Monica Public Works Maintenance Service Matrix....................................................................19 2 11.A.a Packet Pg. 1615 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) DOWNTOWN SANTA MONICA,INC. FY2023-24 OPERATIONAL PLAN Introduction It is the mission of Downtown Santa Monica,Inc.(DTSM,Inc.)to manage services and operations in Downtown Santa Monica while promoting economic stability,growth and community life within this unique neighborhood.To produce a strong and vibrant pedestrian-oriented downtown,DTSM,Inc.leverages its services,relationships and expertise to develop,implement,and maintain various programs for enhanced maintenance and security,marketing,events,promotions,and economic vitality to benefit Downtown Santa Monica. To meet the challenges facing Downtown Santa Monica in Fiscal Year 2022/2023, DTSM,Inc.reset its strategic priorities to focus on the foundations of a successful downtown:public safety,creating a clean and welcoming environment,activating a vibrant public space,and advocating for policies that support the business community.Meeting these goals remains the urgent focus of DTSM,Inc.in Fiscal Year 2023/2024,and this is reflected in this Operational Plan and budget. 3 11.A.a Packet Pg. 1616 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Services DTSM,Inc.is contracted by the City of Santa Monica to provide services to the district. As representatives of Downtown stakeholder interests in these challenging times,the need for DTSM,Inc.to deliver is greater than ever.DTSM,Inc.functions are as follows: 1.Advising the City of Santa Monica on all matters related to Downtown 2.Advocating on behalf of all Downtown stakeholders 3.Providing marketing and promotional services,and programming events and activations 4.Providing enhanced maintenance and public safety services Strategic Priorities In Fiscal Year 2022/2023,the DTSM,Inc.Board of Directors determined its strategic priorities.These priorities remain the points of emphasis for DTSM,Inc.in Fiscal Year 2023/2024,and are as follows: 1.Evaluate,and seek to amend,the Services Agreement between DTSM,Inc.and the City of Santa Monica 2.Improve the experience in the Downtown parking structures by evaluating services and conditions and making recommendations in the areas of management,maintenance,custodial,and revenue management 3.Impact public safety in Downtown Santa Monica through advocacy and practical measures 4.Reactivate public spaces in Downtown through events,activations,and improving the process in which businesses can open and operate in Downtown 5.Address issues relating to infrastructure and management in the Downtown 6.Work to build support from Downtown Stakeholders through communications, outreach,and coalition-building In Fiscal Year 2022/2023,DTSM,Inc.began executing on its strategic priorities.The DTSM,Inc.Board of Directors passed recommendations to amend its Services Agreement with the City of Santa Monica.Cosmetic and infrastructure improvements are now happening in Downtown parking structures.DTSM,Inc.is poised to introduce a supplemental private security team.Community events and the Santa Monica Ice Rink returned,and communications with stakeholders and promotions for our local businesses improved. Delivering on these strategic priorities continues in Fiscal Year 2023/2024. 4 11.A.a Packet Pg. 1617 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Fiscal Year 2023/2024 Budget and Allocations The DTSM,Inc.Board of Directors approved a budget of $10,629,733.21 for the fiscal year 2023/2024.DTSM,Inc.anticipates receiving $10,208,033 in revenue from property-based assessments,business license taxes,and income from enterprise programs.The Board determined to use $421,700.21 of reserve funding to pay for the total expenditures for the fiscal year.(See Attachment A,page 10.) The 2023/2024 budget contains allocations for Organizational Management, Communications,Events,and Development,and Operations and Public Space Management.The descriptions of these allocations,and their unique directives,are as follows: Operations and Public Space Management A clean,safe,and welcoming environment is the foundation for success in Downtown Santa Monica.DTSM,Inc.provides enhanced services in the areas of public safety, custodial maintenance,and social outreach,while also providing oversight of City of Santa Monica services.Together,DTSM,Inc.and the City of Santa Monica fulfill the responsibility of creating a thriving and inviting community space for everyone. Operations and Public Space Management services make up 69.83%of the DTSM,Inc. budget and include the following directives: Public Safety ●Support the City of Santa Monica’s public safety officials in their efforts to keep Downtown safe ●Advocate on behalf of Downtown Santa Monica with City,County,and other government agencies charged with managing public safety to ensure they maintain a regular presence in Downtown ●Fund and oversee private security personnel deployed in Downtown Santa Monica ●Facilitate communication between parties engaged in preserving the safety of Downtown public spaces Advocacy and Oversight ●Advise the City of Santa Monica on operations and services in the public right-of-way.Advocate for maximum effectiveness and efficiency in managing public resources ●Advise the City of Santa Monica on operations and services in public parking 5 11.A.a Packet Pg. 1618 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) resources.Advocate for maximum effectiveness and efficiency in managing public parking resources ●Collaborate with the City of Santa Monica and related service vendors to ensure compliance with maintenance standards established by all parties working in the public right-of-way and on public property Parking Structure Custodial Maintenance ●Provide custodial maintenance services for Downtown public parking structures in accordance with the Maintenance Services Agreement between DTSM,Inc. and the City of Santa Monica (See Attachment B:Services Matrix) Enhanced Custodial Maintenance ●Provide enhanced custodial services to support a clean,active,and well-managed Downtown (See Attachment B:Services Matrix) ●Conduct regular power washing and as-needed hot spot cleaning of key public spaces,including sidewalks,crosswalks,and alleys ●Promptly remove graffiti from public and private property and notify private property owners of other identified maintenance concerns and safety hazards Parks Attendants,Restroom Monitoring,and Social Outreach ●Ensure a positive visitor experience in Downtown parking structure restrooms and in Downtown-adjacent parks by providing attendants and custodial maintenance services ●Deploy a Homeless Outreach Coordinator and Quality of Life team to work strictly in the Downtown District to collaborate with other advocacy groups and service providers to expedite services for individuals in need ●Partner with the City of Santa Monica and other community organizations in supporting initiatives to combat crime and homelessness Placemaking and Beautification ●Create engaging streetscapes and pedestrian spaces through the preservation of existing assets and investments in infrastructure,landscaping,amenities,and creative placemaking ●Participate in planning beautification and improvement projects for streets, sidewalks,and alleys across the district ●Work with the City of Santa Monica to maximize multi-modal transportation access and wayfinding in Downtown Santa Monica for all visitors ●Monitor permits for large-scale maintenance and construction,street and alley closures,and Third Street Promenade vehicle access.Mitigate impacts of temporary closures and provide advance communication to district 6 11.A.a Packet Pg. 1619 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) stakeholders ●Collaborate with the City of Santa Monica to provide active street vendor management for Third Street Promenade and other public spaces ●Create,manage,and oversee Downtown decor and lighting programs Communications,Events,&Development DTSM,Inc.furthers the reputation and economic vitality of Downtown Santa Monica and the Third Street Promenade through consistent branded communications,hosted and facilitated events,and economic development. Communications,Events &Development services make up 23.21%of the DTSM,Inc. budget and include the following directives: Community Events and Activations ●Produce a full calendar of events,programming and holiday activities to activate and encourage visitorship to the Downtown area year-round ●Facilitate third-party events and activations on Third Street Promenade in partnership with the City of Santa Monica ●Facilitate filming in the Downtown in partnership with Film L.A. Partnerships ●Identify partnerships,sponsorships,and other funding opportunities for key programs supporting or enhancing Downtown Santa Monica ●Partner with Santa Monica Travel &Tourism,the Santa Monica Chamber of Commerce,and other local organizations to support tourism,economic development,and community engagement Public Relations and Promotions ●Produce advertising and promotional campaigns to drive brand awareness and foot traffic to Downtown ●Produce and implement a 12-month public relations plan to reinforce the Downtown Santa Monica brand and keep Third Street Promenade top of mind for local visitors ●Strengthen local media relations by building and maintaining relationships with local editors and journalists Economic Development and Advocacy ●Seek supplemental and diversified revenue streams to enhance programs and services.Maximize revenues generated by Downtown Santa Monica,Inc. 7 11.A.a Packet Pg. 1620 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) events and activations ●Create and oversee licensed operations in public space including community benefit activations,vendor management,and new programs ●Preserve the Downtown Santa Monica and the Third Street Promenade competitive advantages and economic viability through planning and advocating for reinvestment in short term and long-term capital improvements ●Maximize the utility of private properties abutting the Third Street Promenade through zoning and ordinance changes,a streamlined permitting processes and support for tenant selection by owners ●Advocate for new and existing revenues to fund maintenance,operations,and capital improvements in Downtown Santa Monica.Revenue generating opportunities include advertising,new technology,and new funding sources (Enhanced Infrastructure Financing District) ●Advocate on behalf of property and business owners on matters contributing to the overall vitality of business Downtown.Advise the City Council and its boards, commissions,and staff on development of policies,plans and ordinances impacting the trajectory of Downtown Data and Research ●Produce regular data-driven reports to inform the decisions of DTSM,Inc.and support the Downtown community ●Position Downtown Santa Monica,Inc.as a central source of information on all aspects related to Downtown,including the economic vitality and market potential ●Track,analyze,and advise the City Council and its boards,commissions,and staff on public and private development projects Communications and Outreach ●Develop a communications and marketing strategic plan to reintroduce Downtown Santa Monica to stakeholders,reinforce Downtown Santa Monica’s brand positioning as a premier beach destination,and reposition Third Street Promenade as an experience-based destination ●Manage and produce content for Downtown Santa Monica’s communication channels including website,newsletters and social media ●Launch new and maintain existing stakeholder communications,such as newsletters and reports,to provide timely and relevant information ●Host stakeholder meetings to share updates on programs,collaborative opportunities and other essential information ●Produce a data-driven annual report to highlight the achievements of DTSM, Inc.in the prior fiscal year ●Conduct stakeholder surveys and program evaluations as needed to maximize 8 11.A.a Packet Pg. 1621 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) the effectiveness of all DTSM,Inc.programs Organizational Management DTSM,Inc.is an efficient and effective organization that employs a professional staff to manage relationships and services that support Downtown Santa Monica.These functions require centralized administrative support funded through revenues received by DTSM,Inc.throughout the fiscal year.Organizational Management services make up 6.96%of the DTSM,Inc.budget and include the following directives: Administrative Functions ●Maintain a professional office for a staff dedicated to providing a high caliber of service while adhering to all required compliance standards ●Provide public meeting space for the Board and committees Professional Support ●Ensure proper insurance coverage and protect the organization from risk ●Administer financial functions for the organization including preparing quarterly financial management reports,conducting an annual audit,and managing internal accounting functions Board and Staff Education and Development ●Conduct regular staff training and create opportunities for professional development and continuing education,including ongoing coaching and performance feedback ●Create opportunities for strategic and organizational planning and educational opportunities for members of the Board of Directors 9 11.A.a Packet Pg. 1622 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Exhibit A -FY23-24 Budget 10 11.A.a Packet Pg. 1623 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Exhibit B -District Boundary Map The boundaries of the Downtown Santa Monica district extend from the east side of Ocean Ave to the east side of Lincoln Blvd.and from the I-10 freeway to the commercial parcels immediately north of Wilshire Blvd. 11 11.A.a Packet Pg. 1624 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Exhibit C -Downtown Parking Structures Licensed Area 12 11.A.a Packet Pg. 1625 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 13 11.A.a Packet Pg. 1626 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 14 11.A.a Packet Pg. 1627 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Board Directory Chair Eric Sedman Vice Chairs Michele Aronson Joshua Gilman Julia Ladd Peter Trinh Secretary/Treasurer Barry Snell Board Members Luke Cain Bruce Fairty Anuj Gupta Ericka Lesley Leo Pustilnikov Lucian Tudor Lora Vrastil Staff Directory Chief Executive Officer Andrew Thomas Director of Marketing and Partnerships Ariana Gomez Director of Operations and Placemaking Jeremy Ferguson Special Events Manager Laura Borsecnik Business &Community Development Manager Martin Ronzio-Garcia Public Space Manager Fatima Fazal Community Engagement Manager Julia Moser Data and Research Manager Michael Lin Administrative Office Manager Victor Greenwood 15 11.A.a Packet Pg. 1628 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) DTSM,Inc.Operations Enhanced Maintenance Schedules Parking Structure Maintenance Schedule The following duties are performed in Parking Structures 1,2,4,5 and 6 during the stated shifts. (Note:Duties and shifts subject to change based on need.) Shift time from 10:00 p.m.–6:30 a.m. Run M30 Sweeper/Scrubber vehicle on a rotational schedule in all structures Close all restrooms for deep cleaning floor-to-ceiling Sweep,mop,and wipe down all stairwells and landing areas Conduct pan and broom maintenance throughout structures Document maintenance issues for reporting Shift time from 8:00 a.m.-4:30 p.m. Clean restrooms (empty trash,clean toilets/urinals,clean sinks,counters,mirrors,and replenish toiletries as needed) Remove,or paint over,graffiti Remove debris as needed Conduct pan and broom maintenance as needed Shift time from 2:30 p.m.–11:00 p.m. Clean restrooms daily (empty trash,clean toilets/urinals,clean sinks,counters,mirrors,replenish toiletries as needed Sweep/mop restroom as needed Pull all trash (2/3rds full)and replace bags on every level of parking structures and wipe down cans Wipe down all structure interior signage as well as fire and electrical boxes Remove or paint over any graffiti that is reported or found Clean up all spills as necessary Conduct pan and broom maintenance as needed Lincoln Blvd and Colorado Ave Maintenance Schedule Lincoln Blvd Shift time from 7:00 a.m.–6:00 p.m. Sweep and clean all sidewalks on east and west side of Lincoln Blvd from Colorado to Wilshire Wipe down and clean all public infrastructure as needed Document maintenance issues for reporting 16 11.A.a Packet Pg. 1629 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Colorado Ave Shift time from 8:00 a.m.–9:30 p.m. Sweep and clean sidewalks on north and south side of Colorado Ave from Ocean Ave to Lincoln Blvd Wipe down and clean all public infrastructure as needed Document maintenance issues for reporting Pressure Washing Schedule Enhanced Maintenance –Pressure Washing &Deep Cleaning in Downtown DTSM,Inc.conducts pressure washing and deep cleaning services throughout various locations in Downtown.Services are planned to be deployed in accordance with the following minimum schedule,which may be adjusted as resources permit. Activity Frequency Zone 1:Third Street Promenade Intersections 4x Annually Zone 1:Alleys (2nd &3rd Courts)Once a week Zone 2:Alleys Once a week Zone 3:Alleys Once every 2 weeks Zone L:Lincoln Blvd.Sidewalks 4x Annually Downtown Hotspots (Areas of Need)As Needed Parking Structure Stairwells (Areas of Need)Once a week Restroom Monitoring Schedule The following restrooms are monitored and provided ongoing custodial services during all hours of public operation.(Per matrix,wipe downs every 15 minutes light cleaning twice a day,and deep cleaning nightly) ●Parking Structure #2 (during Farmer’s Market) ●Parking Structure #4 ●Parking Structure #5 ●Tongva Park ●Reed Park 17 11.A.a Packet Pg. 1630 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) General Maintenance Schedule In order to care for infrastructure and improve the aesthetic of Downtown’s public spaces, DTSM completes the following routine maintenance activities during the course of a year. Activity Frequency Paint Public Infrastructure As Needed Dinosaur Landscaping Refresh /Replant Quarterly/As Needed Dinosaur Fountain Maintenance Semi-Weekly/As Needed Vector Management Monthly/As Needed Tree Light Maintenance As Needed Promenade Paver Repair As Needed Sweep and remove trash from Alleys As Needed 18 11.A.a Packet Pg. 1631 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) City of Santa Monica Public Works Maintenance Service Matrix The following pages contain a matrix outlining the services in Downtown provided by the Promenade Maintenance team of the City of Santa Monica Public Works Department.It is the responsibility of DTSM,Inc.to ensure maintenance work meets or exceeds the minimum levels of service established on creation of the assessment district. Section -3rd Street Promenade: From the north side of Wilshire to the south side of Broadway Shifts:Effective 1 =5:00am to 1:30pm.7 days a week 2 =2:00 p.m.to 10:30 p.m.7 days a week 3rd Street Promenade Maintenance: Service Description Frequency Shift Pedestrian Walkways: Sweeper Scrubber Pressure Washer Pre-treat stains and spot pressure wash Picks up large debris Picks up small debris,applies degreaser,scrubs pavement &recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer Once daily,7 days a week Once daily,7 days a week Once daily,5 days a week As needed 1 1 1 1 Monitoring Walk site,sweep &remove debris •Daily and as needed 1 or 2 Drinking Fountains (7)Spray &wipe •Daily and as needed 1 or 2 19 11.A.a Packet Pg. 1632 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section -3rd Street Promenade,Promenade Maintenance,Cont’d. Service Description Frequency Trash Containers (40)Wipe top,remove trash, replace bag •Four times daily,Mon.–Thu. •Five times daily,Fri.–Sun.& Holidays Trash Container Liners (40)Steam clean/wipe down from the inside & deodorize •Weekly as needed Stainless Steel Bollards (27)Spray &wipe,steam clean •Once daily Directories (7)Spray &wipe •Once daily Sculptures (9)Spray &wipe •Once daily,as needed Graffiti Remove •As needed Dinosaur Pools (4)Remove debris •As needed Special Events Extra trash containers & general maintenance frequencies •As needed Spot Cleaning & Customer Calls Additional cleanings, graffiti,broken glass, animal waste,etc. •As needed Off Duty Emergency Call-outs Oil spills,electrical,water, accidents,etc. •As needed 20 11.A.a Packet Pg. 1633 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section –3rd Street,Public Landscape: Service Description Frequency Shift Tree Trimming 3,790 sq.ft. (154) Regular •Once,yearly (spring)Mariposa Tree Well Maintenance 3,790 sq.ft.(154) Inspect for grate or decomposed granite displacement and/or debris & litter Clean debris,reset tree grates •Daily •As needed,based upon inspections Landcare Succulents &Topiaries (Dinosaur fountain planters) 2,000 sq.ft. Prune &shape topiaries Weed and detail succulent beds •Once every six weeks •Weekly,as needed Landcare Irrigation Inspection Check system and controller for proper settings •Weekly,as needed Landcare/In House Fountain Maintenance Maintain fountains and provide cleaning service for the Topiary pools •Twice weekly California Waters 21 11.A.a Packet Pg. 1634 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section -Parking Structures: Shifts:Effective 1/1/15 1 =5:00 a.m.to 1:30 p.m.7 days a week 2 =2:00 p.m.to 10:30 p.m.7 days a week Parking Structures (Civic,Main Library and Ken Edwards)Promenade Maintenance: Service Description Frequency Shift Bin Rooms PS 1-6 Pressure wash,degrease,or scrub.Organize trash and recyclables. •Once daily,7 days a week •Once 7 days a week 1 or 2 Clarifiers: Structures 2-6 Clean out sludge Remove restaurant grease •Monthly •As needed,contracted (Facilities) Contractor Parking Structures,Public Landscape: Service Description Frequency Shift Planter Maintenance (ground level planters in Structure 1 only)5,900 sq.ft. Pick up litter &debris Water plants Prune shrubs •Daily •Manually,as needed weekly •Every 6 weeks Landcare 22 11.A.a Packet Pg. 1635 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section –Colorado Blvd.,Arizona Avenue &Wilshire Boulevard: Sidewalks on both sides of streets from east side of Ocean Avenue to alley between 5th and 6th Streets. Ocean Ave east side,2nd and 4th Streets both sides: Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue. Shifts:Effective 1/1/15 1 =5:00 a.m.to 1:30 p.m.7 days a week 2 =2:00 p.m.to 10:30 p.m.7 days a week Colorado Blvd.,Arizona Avenue &Wilshire Boulevard,2nd &4th Streets,Promenade Maintenance Service Description Frequency Shift Pedestrian Walkways: Sweeper Scrubber (South Side) Pressure Washer Pre-treat stains/spot pressure washing Picks up large debris Picks up small debris,applies degreaser,scrubs pavement &recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer •5 x a week •3 x a week Once daily •4 x a week 1 1 1 1 Monitoring Walk site,sweep &remove debris •Daily,as needed 1 &2 Bus Stop Steam clean •As needed 1 &2 23 11.A.a Packet Pg. 1636 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Trash Containers (74)Wipe top,remove trash,replace bag •Twice daily,as needed 1 &2 Trash Container Liners (74) Steam clean &deodorize •As needed 1 or 2 Section -Colorado Blvd.,Arizona Avenue &Wilshire Boulevard and Ocean Ave.,2nd & 4th Streets,Promenade Maintenance,Cont’d. Service Description Frequency Shift Tree Wells Rake out debris &weed out •As needed 1 or 2 Spot Cleaning & Customer Calls Additional cleanings,graffiti, broken glass,animal waste,etc. •As needed,7 days a week 1 &2 Off Duty Emergency Call-outs Oil spills,electrical,water, accidents,etc. •As needed 24 11.A.a Packet Pg. 1637 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section -Public Landscape, 2ND &4th Street Service Description Frequency Shift Tree Trimming (182)Regular •Every 2 years West Coast Arborists Tree Well Maintenance (182) Backfill tree wells with decomposed granite •As needed 1 or 2 and PLD Arizona Ave. Service Description Frequency Shift Tree Trimming (46)Regular •Every 2 years West Coast Arborists Tree Well Maintenance (61) Backfill tree wells with decomposed granite •As needed 1 &2 Wilshire Blvd. Service Description Frequency Shift Tree Trimming (66)Regular •Every 2 years West Coast Arborists 25 11.A.a Packet Pg. 1638 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section -Transit Mall: Sidewalks on both sides of the streets: •Broadway east side of Ocean Avenue to alley between 5th and 6th Streets. •Santa Monica Boulevard from east side of Ocean Avenue to alley between 5th and 6th Streets. Shifts:Effective 1/1/15 1 =5:00 a.m.to 1:30 p.m.7 days a week 2 =2:00 p.m.to 10:30 p.m.7 days a week Transit Mall,Promenade Maintenance: Service Description Frequency Shift Monitoring Walk site,sweep &remove debris •Daily 1 &2 Benches (241)Spray &wipe,polish wood •Once daily,as needed 1 or 2 Drinking Fountains (3)Spray &wipe •Daily,as needed 1 or 2 Trash Containers (36)Wipe top,remove trash, replace bag •Four times daily 1 &2 Trash Container Liners (36) Steam clean &deodorize •As needed 1 Bollards (40)Spray,wipe &polish •Once daily,5 days a week 1 or 2 Informational Signs (6)Spray &wipe •Once daily,5 days a week 1 or 2 26 11.A.a Packet Pg. 1639 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Arbors (6)Spray &wipe •Once daily,5 days a week 1 or 2 Graffiti Monitor &Remove •As needed 1 &2 Spot Cleaning &Customer Calls Additional cleanings, graffiti,broken glass, animal waste,etc. •As needed 1 &2 Off Duty Emergency Call-outs Oil spills,electrical,water, accidents,etc. •As needed Section -Transit Mall,Public Landscape: Service Description Frequency Shift Tree Trimming (193) Regular •Every 2 years West Coast Arborists Tree Well Maintenance Inspect for grate displacement and/or debris &litter Clean debris,reset tree grates •Daily •As needed,based upon inspections Landcare / PLD Irrigation Inspections Check system and controller for proper settings •Weekly Landcare / PLD Monitoring Remove debris from tree wells •Daily Landcare 27 11.A.a Packet Pg. 1640 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section –Colorado,Broadway,Santa Monica Blvd.,Arizona Avenue &Wilshire Boulevard: Sidewalks on both sides of streets from east side of 5th to the alley east of 7th St. 5th,6th and 7th Streets: Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue. Service Description Frequency Shift Pedestrian Walkways: Sweeper Scrubber Pressure Washer Pre-treat stains/and spot pressure wash Picks up large debris Picks up small debris, applies degreaser,scrubs pavement &recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer •Twice weekly •Once every three weeks •Once every three weeks •as needed 1 1 1 1 Monitoring Walk site,sweep & remove debris •As needed 1 or 2 Tree Well Maintenance Clean debris Remove and spray for weeds •Daily,as needed •As needed,based upon inspections 1 1 28 11.A.a Packet Pg. 1641 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section -Alleys: ●1st Court:Between Ocean Avenue &2nd Street from north side of Wilshire Boulevard to south side of Colorado Avenue. ●Mall Court West:Between 2nd Street and 3rd Street from north side of Wilshire Boulevard to south side of Broadway. ●Mall Court East:Between 3rd Street and 4th Street from north side of Wilshire Boulevard to south side of Broadway. ●4th Court:Between 4th and 5th Streets from north side of Wilshire Boulevard to south side of Colorado Avenue. ●5th Court:Between 5th Street and 6th Street from north side of Wilshire Boulevard to south side of Colorado Avenue. ●6th Court:Between 6th Street and 7th Street from Colorado to Wilshire ●7th Court:Between 7th Street and Lincoln Blvd.from Colorado to Wilshire Shifts:Effective 1/1/15 1 =5:00 a.m.to 1:30 p.m.7 days a week 2 =2:00 p.m.to 10:30 p.m.7 days a week 2:00 p.m.to 10:30 p.m. Alleys,Promenade Maintenance: Service Description Frequency Shift Mall Court East &West Sweeper/Mobile Vacuum /scrubber Picks up small debris,applies degreaser,scrubs pavement & recovers excess water •5 days a week 1 Monitoring Walk site,sweep &remove debris •Daily 1 &2 Spills Apply absorbent,pressure wash and scrub •As needed Spot Cleaning &Customer Calls Discarded furniture,appliances, spills,etc. •As needed 1 &2 Graffiti Monitor &Remove •As needed 1 &2 29 11.A.a Packet Pg. 1642 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Weed suppression Remove weeds •As needed, based upon inspections 1 or 2 Off Duty Emergency Call-outs Toxic spills,electrical,water, accidents,etc. •As needed 1 &2 Section Six -Alleys,Promenade Maintenance,Cont’d. Service Description Frequency Shift 1stt ,4th,5th,6th &7th Courts: Mobile Vacuum Vacuums debris from large areas •5 days a week 1 Monitoring Walk site,sweep debris •Once daily 1 &2 • Spot Cleaning &Customer Calls Discarded furniture,appliances, spills,etc. •As needed 1 &2 Graffiti Remove •As needed 1 &2 Off Duty Emergency Call-outs Oil spills,electrical,water, accidents,etc. •As needed 1 &2 Weed suppression Remove weeds •As needed, based upon inspections 1 or 2 30 11.A.a Packet Pg. 1643 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section –Colorado Ave.Esplanade: From east side of 4th St.to the east side of Ocean Ave Service Description Frequency Shift Pedestrian Walkways: Sweeper Sweeper /scrubber Pressure Washer Pre-treat stains and spot pressure wash Picks up large debris Picks up small debris,applies degreaser,scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer •Once daily,7 days a week •Once daily,7 days a week •Once daily,5 days a week (Mon.,Tue., Thu.,Fri.,Sat.) •As needed 1 1 1 1 Monitoring Walk site,sweep &remove debris •Daily and as needed 1 or 2 Trash Containers Wipe top,remove trash, replace bag •4 times daily • 1 or 2 Trash Container Liners Steam clean /wipe down from the inside &deodorize •As needed 1 or 2 Graffiti Remove •As needed 1 or 2 Landscape General Maintenance-using current maintenance specifications requirements Landcare 31 11.A.a Packet Pg. 1644 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Department of Transportation Downtown Parking Facility Maintenance Matrix Parking Division Fall 2022 (9/19/2022 Rev.3) The Parking Division of the Department of Transportation conducts several related activities in support of Downtown Santa Monica Clean and Safe Initiatives.These operational efforts include: ●SP+parking contract tasks related to cleanliness and monitoring of facilities ●City Staff inspection roles and management of resources applied to clean and safe activities ●Funding of interdepartmental efforts to provide for basic and enhanced security and cleanliness measures, ●Periodic evaluation of effectiveness of anti-littering,graffiti,and human soiling countermeasures to adapt to changing conditions,and ●Regular collaboration and meeting with DTSM and Public Works – Promenade Maintenance partners to solution more effective and joint cleanliness and safety countermeasures. The role of the parking contractor,SP Plus,Inc.in accomplishing basic clean and safe measures is significant and are done over three daily work shifts.The following tables describe specific tasks accomplished by SP+. SP Plus,Inc.–Working Shifts:Effective 7/1/2022 1 =7:00 a.m.to 4:00 p.m.(Daily/Office:Monday to Friday) 2 =3:00 p.m.to 11:30 p.m.(Daily) 3 =11:00 p.m.to 7:30 a.m.(Daily) M =5:00 a.m.to 1:30 p.m.(Porters/Maintenance Team:Monday to Friday) On succeeding pages are found the activities that SP Plus performs to assist with Clean and Safe Initiatives.Downtown Parking Structures 1,2,4,5,6,and 9: 9/23/2022 1 Department of Transportation Downtown Parking Facility Maintenance Matrix Parking Division Fall 2022 (9/19/2022 Rev.3) 32 11.A.a Packet Pg. 1645 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Service Description Frequency Shift Public Elevators: Usability Inspection Preventive Maintenance Major Repairs Up-time Reports Daily inspection of all publicly accessible elevators OTIS conducts monthly inspections/minor repairs As-needed safety, electronic,&mechanical repairs Administrative reporting of elevator availability •Once daily,7 days a week •Monthly •Once daily,5 days a week •By 5th of each Month 1 1 1 1 Parking Structure Safety Measures (PS 1,2,4,5,&6) Service Description Frequency Shift Fire Alarm Testing Scheduling of routine testing functions,subcontracts with Allen Alarm and OTIS •Four times annually 1 Fire Alarm Repairs SP+subcontracts with ADT and Redhawk to conduct on the spot repairs •As needed 1,2,&M Public Restrooms – Plumbing Issues SP+porters and subcontractors on-call to repair and replace stuck plumbing •As needed M Public Restrooms – fixture replacements SP+porters replace broken sinks,urinals,toilets,mirrors, hand dryers,and doors •Inspection once daily,7 days/week.•Fixture replacement as needed M and 1 PS 6 Emergency Generator Annual inspection and testing of emergency diesel/electric generator •Annual inspection by subcontractor M Lighting Inspect stairwell,lobby,and drive aisle lighting,replace damaged or failed bulbs •Inspect daily/7 days/week •Replace as needed in batches,weekly M 33 11.A.a Packet Pg. 1646 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Graffiti Countermeasures SP+collaboration with DTSM/ PW-PM,performs final paint top coat •Inspection once daily,7 days/week.•As needed final top-coat paint applied after PW or DTSM graffiti removal. 1 &2 Homeless Sweeps Monitor and report encampments in parking facilities to SMPD. •Inspection once daily,7 days/week. 1 Clarifiers/Sanitary Sewer Inspections Inspect and clean out sumps,clarifiers,and sewers as Preventive Maintenance •PS 1 twice per year,PS 2,4,& 5 restroom lines three times per year. M Storm Drain Cleaning Inspect and clean out storm drains in parking facilities •As needed or at least annually M Storm Drain Repairs Toxic spills,water accidents, pipe and catchment replacements •As-needed in collaboration with PW -Facilities Maintenance Division 1,2 &M Safety and Guide Signing,Pavement Stencils,Flex Posts:PS 1,2,4,5,6,9 &10) Service Description Frequency Shift Safety Signage and Guidance Signage SP+inspects daily and cleans or replaces damaged signs •Inspection once daily,7 days/week.•Sign replacement as-needed in batch M Curb Painting, Pavement delineation Refresh curb paint and apply pavement stencils. •Refresh paint one parking structure per month,ongoing all year. M Plastic Flex Points, rubber-clad bollards Inspect and replace lane posts in structures and downtown surface lots •Inspect Weekly •Replace in batches bi-monthly M Mirrors Parking structure Exit mirrors at alleys and streets •Inspect once daily,7 days/week •Replace/adjust weekly M Hand-rails,stair treads,barricades Inspection,light cleaning, repaint metal hand-rails or replace stair treads as needed •Inspect once daily,7 days/week •Repaint weekly •Replace treads/flooring as needed M 34 11.A.a Packet Pg. 1647 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Pavement/ Concrete Repairs Inspect and monitor, arrange with subcontractor for minor repairs.Consult with Public Works -Arch/Engr divisions as necessary for extensive repairs •Inspect and report minor damage once daily,7 days per week •Assign subcontractor to conduct minor repairs in batches every two months 1,2 &M Lane striping, parking stalls, directional arrows Inspect and monitor wear of lane striping,parking stencils,arrows,and related pavement markings •Inspect weekly •Assign subcontractor to refresh pavement markings every two years •Conduct spot repainting as needed M Parking Structure Access and Revenue Control Systems (PARCS) Ken Edwards Center;Main Library;Civic Center,PS 1,2,4,5,6,7,8,9 &10 Service Description Frequency Shift Ticket and Pre-paid Scanning Kiosks and Pay-on-Foot Machines Inspect,replace stock,repair damaged customer interfaces,and conduct preventive maintenance. •Inspect once daily,7 days/week • Replace ticket stock and money trays as needed, •Conduct repairs as needed 1 &2 Entry &Exit Gate arms Inspect and replace as need,daily •Inspect safe and proper operation of gate arms •Replace as needed 1 &2 Ken Edwards Center Parking Structure Inspect and monitor PARCS machines Inspect gate arms •Once daily,7 days/week •Replace as needed 1 or 2 1 or 2 Main Library Parking Structure Inspect coin,cash, and credit card readers,change dispensers Inspect gate arms •Once daily,7 days a week •Replace as needed 1 &2 1 &2 Civic Center Parking Structure Inspect coin,cash, and credit card readers,change dispensers Conduct incidental •Once daily,7 days a week •Once daily,5 days a week •Once daily,5 days per week 1 or 2 or 3 M or 1 1,M 35 11.A.a Packet Pg. 1648 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) pan &broom clean up Inspect Lighting, fire alarms,elevators Cash and ticket pullers Inspect coin,cash, and credit card readers,change dispensers •Once daily,7 days/week •Replace/repair as needed 1 or 2 or 3 Customer Interface, Communication equipment Inspect voice, speaker,and pin-hole camera communication system •Once daily,7 days/week 1 -End- 36 11.A.a Packet Pg. 1649 Attachment: DTSM Work Plan FY23-24 [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Revenues FY23/24 FY22/23 $ Diff.% Diff. Bayside District Assessment $1,320,880.00 $1,320,880.00 $0.00 0.00% CBD Assessment $110,000.00 $110,000.00 $0.00 0.00% Zone 1/2/3 Assessment $4,694,654.00 $4,694,654.00 $0.00 0.00% Zone L Assessment $505,925.00 $505,925.00 $0.00 0.00% Zone O Assessment $406,938.00 $406,938.00 $0.00 0.00% City Parks Program $1,495,636.00 $1,415,290.00 $80,346.00 105.68% Vending and Activations $52,000.00 $26,730.00 $25,270.00 194.54% Event Fees & Filming $200,000.00 $217,000.00 -$17,000.00 92.17% ICE@SM $1,320,000.00 $1,410,000.00 -$90,000.00 93.62% Other Income $102,000.00 $100,000.00 $2,000.00 102.00% Total FY23/24 Revenue $10,208,033.00 $10,207,417.00 $616.00 100.01% Expenditures FY23/24 FY22/23 $ Diff.% Diff. Operations and Public Space Management (69.83%) - Downtown Security Services $1,700,000.00 $1,103,606.27 $596,393.73 154.04% - Parking Structure Maintenance $994,088.02 $994,088.02 $0.00 0.00% - Zone 1, 2, & 3 Maintenance $1,024,261.80 $1,024,261.80 $0.00 0.00% - Lincoln Blvd. Maintenance $184,807.38 $206,536.00 -$21,728.62 89.48% - Colorado Blvd. Maintenanace $246,409.84 $275,347.00 -$28,937.16 89.49% - PS Restroom Monitoring $492,819.68 $492,819.68 $0.00 0.00% - Downtown Outreach Program $133,445.23 $133,445.23 $0.00 0.00% - City Parks Attendant Program $1,315,251.90 $1,263,090.00 $52,161.90 104.13% - Supplies and Materials $2,500.00 $2,500.00 $0.00 0.00% - Infrastructure $40,000.00 $40,000.00 $0.00 0.00% - Landscaping $26,500.00 $25,000.00 $1,500.00 106.00% - Decorative Lighting $150,000.00 $200,000.00 -$50,000.00 75.00% - Winter Décor $619,028.00 $310,000.00 $309,028.00 199.69% - Lincoln Beautification $50,000.00 $121,910.00 -$71,910.00 41.01% - Labor Distribution $443,759.55 $527,705.21 -$83,945.66 84.09% Subtotal $7,422,871.40 $6,720,309.21 $702,562.19 110.45% Communications, Events & Development (23.21%) - Community Events & Activations$285,000.00 $195,000.00 $90,000.00 146.15% - Sponsorships and Partnerships $15,000.00 $57,500.00 -$42,500.00 26.09% - Creative Development $50,000.00 $83,000.00 -$33,000.00 60.24% - Public Relations $69,000.00 $53,985.00 $15,015.00 127.81% - Advertising $75,000.00 $95,000.00 -$20,000.00 78.95% - Website Maintenance $33,500.00 $8,500.00 $25,000.00 394.12% - Downtown Signage $40,000.00 $67,500.00 -$27,500.00 59.26% - Economic Development $15,000.00 $24,000.00 -$9,000.00 62.50% - Vending Program Management $10,000.00 $10,000.00 $0.00 0.00% - Stakeholder Outreach $15,000.00 $18,000.00 -$3,000.00 83.33% - Data Services $47,000.00 $60,000.00 -$13,000.00 78.33% - Ice@Santa Monica $1,011,596.00 $1,071,596.00 -$60,000.00 94.40% - Labor Distribution $801,134.80 $968,864.09 -$167,729.29 82.69% Subtotal $2,467,230.80 $2,712,945.09 -$245,714.29 90.94% Organizational Management (6.96%) - General Office Supplies and Maintenance$12,250.00 $12,750.00 -$500.00 96.08% - Software/Subscriptions $22,000.00 $20,000.00 $2,000.00 110.00% - Occupancy $215,000.00 $239,913.00 -$24,913.00 89.62% - Telephone $13,400.00 $16,500.00 -$3,100.00 81.21% - Accounting $48,000.00 $22,500.00 $25,500.00 213.33% - Audit $20,000.00 $17,700.00 $2,300.00 112.99% - Legal $100,000.00 $100,000.00 $0.00 100.00% - Human Resources $13,370.00 $18,570.00 -$5,200.00 72.00% - Equipment Rental $7,500.00 $7,500.00 $0.00 0.00% - Taxes & Licenses $350.00 $350.00 $0.00 0.00% - Memberships & Subscriptions $6,000.00 $2,000.00 $4,000.00 300.00% - Postage $100.00 $100.00 $0.00 0.00% - Travel & Auto $15,000.00 $15,000.00 $0.00 0.00% - Education and Staff Development$26,500.00 $26,500.00 $0.00 0.00% - Development $10,000.00 $7,500.00 $2,500.00 133.33% - Insurance $53,000.00 $45,205.00 $7,795.00 117.24% - Parking $200.00 $200.00 $0.00 0.00% - Bank Charges $3,000.00 $2,500.00 $500.00 120.00% - Meetings $7,000.00 $5,750.00 $1,250.00 121.74% - Labor Distribution $166,961.01 $176,244.47 -$9,283.47 94.73% Subtotal $739,631.01 $736,782.47 $2,848.53 100.39% TOTAL $10,629,733.21 $10,170,036.77 $459,696.44 104.52% Net Profit/Loss -$421,700.21 DTSM, Inc. FY2023/2024 Budget 11.A.b Packet Pg. 1650 Attachment: DTSM Budget FY23-24 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) MASTER SERVICES AGREEMENT by and between CITY OF SANTA MONICA a municipal corporation and DOWNTOWN SANTA MONICA, INC. a non-profit public benefit corporation July 2023 11.A.c Packet Pg. 1651 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and -i- TABLE OF CONTENTS UPDATE SECTION 1. DEFINITIONS...................................................................................................... 4 SECTION 2. TERM. ................................................................................................................... 6 SECTION 3. ROLES AND RESPONSIBILITIES................................................................... 6 3.1. DTSM ROLES AND RESPONSIBILITIES.......................................................................... 6 3.2. ADMINISTRATION OF CENTRAL BUSINESS DISTRICT AREA.......................................... 8 3.3. THE CITY’S ROLES AND RESPONSIBILITIES. ................................................................. 8 SECTION 4. ADMINISTRATION OF FUNDS .................................................................... 11 SECTION 5. COMMUNITY AND CONSTRUCTION PROJECTS................................... 11 5.1. DOWNTOWN COMMUNITY PLANS............................................................................... 11 5.2. CAPITAL IMPROVEMENT PROJECTS. ........................................................................... 12 SECTION 6. MAINTENANCE AND MANAGEMENT OF PUBLIC AREAS.................. 12 6.1. GENERAL MAINTENANCE MATTERS........................................................................... 12 6.2. PUBLIC SAFETY SERVICES........................................................................................... 12 6.3. MANAGEMENT. .......................................................................................................... 13 SECTION 7. MANAGEMENT OF LEASEHOLD AND LICENSED SPACE................... 14 7.1. MANAGEMENT OF LEASEHOLD SPACE AND LICENSED SPACE.................................... 14 7.2. GENERAL DUTIES AND RESPONSIBILITIES REGARDING LEASES AND LICENSES.......... 14 7.3. LEASE AND LICENSE EXECUTION. .............................................................................. 14 7.4. MANAGEMENT OF LEASES AND LICENSES.................................................................. 14 7.5. ENFORCEMENT........................................................................................................... 14 7.6. RULES AND REGULATIONS. ........................................................................................ 14 7.7. DTSM NOT BROKER/AGENT. .................................................................................... 15 7.8. OTHER STRUCTURES CONSTRUCTED IN PUBLIC AREAS.............................................. 15 7.9. VENDING CART OPERATIONS..................................................................................... 15 7.10. OUTDOOR DINING LICENSE AGREEMENTS. ................................................................ 15 7.11. GRANT OF LICENSE. ................................................................................................... 15 7.12. LICENSE AREA ACCEPTED “AS IS”............................................................................. 15 7.13. IMPROVEMENTS.......................................................................................................... 15 7.14. NATURE OF LICENSE RELATIONSHIP. ......................................................................... 15 7.15. INGRESS AND EGRESS................................................................................................. 15 7.16. NONTRANSFERABLE LICENSES................................................................................... 15 SECTION 8. ADVERTISING, PROMOTION, ENTERTAINMENT, AND SPECIAL EVENTS....................................................................................................................................... 17 8.1. DTSM PROGRAMS..................................................................................................... 17 8.2. FILMING AND SPECIAL EVENTS.................................................................................. 17 8.3. SIGNS AND BANNERS.................................................................................................. 17 8.4. STREET PERFORMERS................................................................................................. 18 11.A.c Packet Pg. 1652 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and -ii- SECTION 9. REPORTING REQUIREMENTS.................................................................... 18 9.1. ESTABLISHMENT OF WORK PLAN............................................................................... 18 9.2. THISSECTION LEFTINTENTIONALLY BLANK.............................................. 18 9.3. ANNUAL REPORT........................................................................................................ 18 9.4. ANNUAL FINANCIAL REPORT. .................................................................................... 18 9.5. MISCELLANEOUS REPORTS AND INFORMATION.......................................................... 19 SECTION 10. TERMINATION............................................................................................... 19 10.1. TERMINATION UPON DEFAULT................................................................................... 19 10.2. TERMINATION WITHOUT CAUSE. ............................................................................... 19 10.3. REVERSION OF FUNDS AND PROPERTY....................................................................... 19 SECTION 11. AVAILABILITY OF CITY INFORMATION. ............................................. 20 SECTION 12. PURCHASING AND OTHER MONETARY OBLIGATIONS FOR OPERATION OF THE DOWNTOWN.................................................................................... 20 SECTION 13. COMPENSATION........................................................................................... 20 13.1. ANNUAL BUDGET....................................................................................................... 20 13.2. FILMING AND SPECIAL EVENT FEES. .......................................................................... 21 13.3. NO NAMING RIGHTS................................................................................................... 21 SECTION 14. DTSM OPERATING STANDARDS.............................................................. 21 14.1. BY-LAWS. .................................................................................................................. 21 14.2. NONDISCRIMINATION................................................................................................. 21 14.3. ACCOUNTING PROCEDURES........................................................................................ 22 14.4. SUBCONTRACTORS..................................................................................................... 22 14.5. COMPLIANCE WITH LAWS AND MANAGEMENT PLAN................................................. 22 14.6. COMPLIANCE MONITORING....................................................................................... 22 SECTION 15. INSURANCE AND INDEMNIFICATION.................................................... 24 15.1. INSURANCE REQUIREMENTS....................................................................................... 24 15.2. INDEMNITY BY DTSM ............................................................................................... 24 15.3. THIRD PARTY INDEMNITY .......................................................................................... 24 15.4. ENFORCEMENT COSTS ................................................................................................ 24 SECTION 16. MISCELLANEOUS......................................................................................... 25 16.1. INTEGRATED CONTRACT. ........................................................................................... 25 16.2. DELEGATION AND ASSIGNMENT................................................................................. 25 16.3. NOTICES..................................................................................................................... 25 16.4. NO INTEREST IN PROPERTY. ....................................................................................... 26 16.5. OTHER SERVICES........................................................................................................ 26 16.6. APPROVALS................................................................................................................ 26 16.7. WAIVER...................................................................................................................... 26 16.8. GOVERNING LAW....................................................................................................... 27 16.9. COMPLIANCE WITH APPLICABLE LAW........................................................................ 27 16.10. SURVIVAL OF PROVISIONS AND OBLIGATIONS ........................................................... 27 16.11. SEVERABILITY ............................................................................................................ 27 11.A.c Packet Pg. 1653 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - iii - 16.12. VENUE AND JURSIDICTION ......................................................................................... 27 16.13. INDEPENDENT PARTIES............................................................................................... 27 16.14. EXECUTION COUNTERPARTS. ..................................................................................... 27 16.15. COST OF LITIGATION.................................................................................................. 27 16.16. PERMITS AND LICENSES. ............................................................................................ 27 16.17. CITY PROPRIETARY CAPACITY................................................................................... 27 16.18. CAPTIONS AND HEADINGS.......................................................................................... 27 16.19. RECITALS AND EXHIBITS............................................................................................ 27 EXHIBIT A –Downtown Map EXHIBIT B –FY 23/24 DTSM Annual Work Plan and Budget (includes DTSM Management Plan Services and City Baseline Service Matrices) EXHIBIT C –Insurance 11.A.c Packet Pg. 1654 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 1 – MASTER SERVICES AGREEMENT This Master Services Agreement (“Services Agreement”), entered into this ____ day of ___________, 2023 (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and the DOWNTOWN SANTA MONICA, INC. a non-profit public benefit corporation (“DTSM”), is made with reference to the following: R E C I T A L S: A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. DTSM is a non-profit, public benefit corporation duly organized and validly existing under the laws of the State of California. C. On December 3, 2004, the City and the Bayside District Corporation (“BDC”) entered into a Services Agreement approved by the City Council as Contract No. 8406 (CCS) (the “Original Agreement”) for the purpose of setting forth the role and obligations of the BDC in the administration of certain functions and programs in the City’s downtown business area. D. On March 25, 2008, the City Council of the City approved a management district plan prepared by BDC following a two-year process, which included public input. This management district plan was the basis for an engineer’s report (“Engineer’s Report”) setting forth the mechanism for assessing property owners to raise funds to provide additional and enhanced services in Downtown PBAD. On July 24, 2008, a majority vote in favor of the proposed assessment was confirmed. City Council Resolution No. 10336 (CCS) was adopted, approving the management district plan and Engineer’s Report ordering formation of a property and business assessment district in Downtown PBAD, and authorizing the levy and placement of the assessments on the property tax rolls each year. E. On May 20, 2009, the City and BDC entered into an Amended and Restated Services Agreement Number 9063 (CCS) (“Services Agreement”) to further define BDC’s and the City’s roles and obligations in administering certain functions and programs in the Downtown PBAD. This Services Agreement No. 9063 replaced and superseded the Original Agreement. F. On or about April 22, 2010, the City and BDC entered into a (CCS) (“Maintenance Agreement”) to amend certain roles and responsibilities of the City and BDC for the BDC to assume responsibility for delivering the City’s preexisting base level custodial maintenance services in Parking Structures 1 through 6, 9, and 10, with the sole exception of restroom paper supplies, in exchange for the City assuming responsibility for certain enhanced levels of maintenance services on Ocean Avenue, Colorado Avenue, Broadway, Santa Monica Boulevard, Arizona Avenue, Wilshire Boulevard, 5th Street, 6th Street, and 7th Street within the boundaries of the Downtown PBAD. 11.A.c Packet Pg. 1655 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 2 – G. On September 14, 2010, and February 28, 2012, respectfully, the City Council approved a modification to the Maintenance Agreement to extend the term of the agreement and approve the FY 2010-2011 and FY 2011-2012 Work Plans. This Maintenance Agreement expired on or about September 10, 2012. H. On or about January 27, 2011, BDC’s Board of Directors approved a name change for BDC to Downtown Santa Monica, Inc. (“DTSM”). DTSM subsequently revised its Articles of Incorporation and By-laws to reflect the name change. I. On September 11, 2012, the City and DTSM entered into a Maintenance Services Agreement No. 9626 (“Second Maintenance Agreement”) for DTSM and the City to continue delivering exchange of maintenance services and ensure that district assessment funds would be used only to enhance maintenance services above baseline City-funded maintenance services. The Second Maintenance Agreement would be renewed annually provided DTSM’s annual Work Plan was approved by City Council and the services provided by City and DTSM remained cost-neutral. J. On or about August 28, 2012, the City and DTSM entered into a First Amendment to the Services Agreement (“First Amendment”) to reflect the name change. K. On or about November 20, 2012, the City and DTSM entered into a Second Amendment to the Services Agreement (“Second Amendment”) to add a fifth disbursement date in each year of all assessment funds received and accounted for by the City. L. On July 14, 2015, the City Council of the City adopted Resolutions No. 10895 (CCS) and No. 10896 (CCS) ordering the formation of two additional assessment areas, the Lincoln Boulevard Property Based Assessment District (“Lincoln PBAD”) and the Colorado Avenue Property Based Assessment District Overlay Zone (“Colorado Overlay Zone”), respectively; approving the management district plans and Engineer Reports for each assessment area, authorizing the levy and placement of assessments on the property tax rolls each year, and approving the City’s funding of general benefits associated with the new assessment areas. M. On May 31, 2016, the City and DTSM entered into a Third Amendment to the Services Agreement (“Third Amendment”) to delegate certain responsibilities to DTSM regarding the administration of the Lincoln PBAD and Colorado Overlay Zone. N. On March 6, 2018, the City Council of the City authorized the City Manager to negotiate and execute the renewal of the Services Agreement with DTSM for an additional ten (10) year term. O. On March 21, 2018, DTSM’s property owners located within the Downtown PBAD affirmed, by majority vote, based upon the ballots returned, as weighted by 11.A.c Packet Pg. 1656 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 3 – assessments to be paid, for the continuation of existing services and assessments for an additional ten (10) year term. Specifically, ballots were returned for 221 parcels, representing 67 percent of assessment dollars. Of the ballots returned, 91% of the property owners located within the Downtown PBAD voted in favor of preserving the Downtown PBAD. P. On May 15, 2019, the City and DTSM entered into a Fourth Amendment to the Services Agreement (“Fourth Amendment”) to extend the term for an additional ten year period up through May 19, 2029. The Services Agreement, First Amendment, Second Amendment, Third Amendment, and Fourth Amendment may be collectively referred to as the “Services Agreement”. Q. Between September 13, 2013, and October 11, 2022, the City and DTSM modified the Second Maintenance Agreement eleven times to: (1) extend the term of the agreement through December 2, 2023; (2) approve DTSM’s annual Budgets and Work Plans; (3) grant DTSM a license to use designated office and storage areas and shared restroom facilities in certain parking structures that are owned by the City to support DTSM’s performance of its obligations under the Second Maintenance Agreement; (4) provide additional compensation to DTSM for enhanced maintenance services benefitting City-owned property located at 612 Colorado Avenue; (5) modify and expand the location of the license areas that the City permitted DTSM to use; (6) authorize DTSM to temporarily use a surface parking area for staging of downtown holiday décor; and (7) provide that DTSM will comply with the all laws, ordinance, and rules, including the California Labor Code and Department of Industrial Relations rules and regulations. R. On July 25, 2023, the City Council approved this Master Services Agreement to replace and supersede the Services Agreement and Second Maintenance Agreement for DTSM to continue to provide additional and enhanced services in Downtown Santa Monica per the terms of this Master Services Agreement and authorize DTSM to procure and provide private security services within the Downtown during a one-year pilot program. Accordingly, upon the Execution Date of this Master Services Agreement, the Services Agreement and Second Maintenance Agreement shall terminate and be of no further force or effect. S. The purpose of this Master Services Agreement is to produce a strong and vibrant pedestrian-oriented downtown for the benefit of the City’s residents, customers , and visitors with the goal to contribute to the City’s economic vitality and create a community resource to enhance the quality of life for City residents and visitors. Toward that end, the City has invested public monies in streetscape and parking improvements, has established assessment districts to fund such improvements and the maintenance thereof, and has adopted various revitalization plans such as the Third Street Mall Specific Plan on August 12, 1986, as amended by the Bayside District Specific Plan on January 23, 1996 (“Bayside District Specific Plan”), and the Downtown Urban Design Plan adopted by City Council on July 22, 1997, the Downtown Community Plan adopted by Council in July 25, 2017 and amended in May 2023. In addition, in 2021 Council adopted the Third Street Promenade Stabilization and Economic Vitality Plan, which helped to inform subsequent zoning amendments for the Downtown and are reflected in the amended Downtown Community Plan. 11.A.c Packet Pg. 1657 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 4 – T. DTSM has expertise in planning, implementing, sustaining and managing the revitalization goals of the City and the City desires to continue to use the expertise and services of DTSM to develop, implement, and maintain various programs for the continued revitalization of Downtown Santa Monica. In furtherance of the goals recited above, the City desires to use the expertise and services of DTSM to develop, implement, and maintain various programs for the enhanced maintenance, marketing, and promotion to support the economic vitality, and provide for the public benefit of Downtown Santa Monica, as more specifically defined in Section 1.1(a), below. U. The City further recognizes that in addition to the administration of such duties outlined above, the scope of DTSM’s duties may be expanded to cover other duties and activities such as developing, maintaining, and revitalizing the Downtown as may be funded by the City or other agencies through various business improvement areas, assessment districts, or other sources of revenue, and that DTSM may accept such funding or contracts, provided that the purpose of these funds or contracts falls within the general purpose of the continued revitalization and promotion of the Downtown. V. City and DTSM recognize and acknowledge that Downtown Santa Monica is a valued asset of the City which should be developed, managed and maintained as a public resource. Accordingly, the City desires to assign certain responsibilities to DTSM as set forth herein, and DTSM desires to accept such responsibilities, based upon the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the parties as follows: AGREEMENT SECTION 1. DEFINITIONS. 1.1. The following words, terms and phrases shall have the following meaning in this Agreement: a. “Downtown”, “Downtown Santa Monica”, “Santa Monica PBAD” or “Santa Monica Property Based Assessment District” means and refers collectively to the Downtown PBAD, Colorado Overlay Zone, and Lincoln PBAD, as shown on the “Property Based Assessment District Maps” attached hereto as Exhibit A to this Agreement. b. “Fiscal Year” means and refers to the operating year commencing on July 1 and ending on June 30. c. “Leasehold Space” and “Licensed Space” means and refers to those portions of the City-owned public parking structures and Public Areas which are leased or licensed by City to third parties. 11.A.c Packet Pg. 1658 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 5 – d. “Mall Maintenance Fee” means and refers to the Third Street Promenade and Downtown District Operation and Maintenance Assessment Fee on business operators located within areas shown in Exhibit A, described as having the following boundaries: the mid-line of Wilshire Boulevard on the north, the mid-line of Broadway on the south, Fourth Court on the east and Second Court on the west, such boundaries having been established by adoption of Ordinance No. 1382 (CCS) on August 26, 1986, as amended by Resolution No. 7488 (CCS) on August 11, 1987, and Resolution No. 8026 (CCS) on May 22, 1990. e. “Management Plan” means and refers collectively to the plans prepared by DTSM and adopted by the City Council on March 26, 2008, for the Downtown PBAD, and on July 14, 2015, for the Lincoln PBAD and the Colorado Overlay Zone, setting for the details of funding sources for DTSM activities based on property assessments and details for programs to be funded with additional financial resources generated by the property based assessments. f. “Parking Structures Licensed Area” means and refers to collectively the office and storage areas and shared restroom facilities in that are located in the City owned parking structures depicted in the Work Plan attached hereto as Exhibit B to support DTSM’s performance of its obligations under its annual Work Plan that is approved by the City. g. “Pilot Program” means and refers to DTSM’s deployment of private security personnel for the Santa Monica PBAD as specified in the Work Plan attached hereto as Exhibit B. The Pilot Program automatically expires twelve (12) months after the deployment date that is identified in DTSM’s written notice to City notifying the City of the deployment date unless certain requirements are met to extend the Pilot Program pursuant to Section 6.2 of this Agreement. h. “Public Areas” means and refers to those portions of the Downtown located within the physical boundaries thereof which are controlled and operated by the City and made available for the general use, convenience or benefit of the public including, but not limited to, public rights of way, access roads, driveways, alleyways, public restrooms, public parking sites, decking, stairways, and other similar areas. i. “The Specific Plan” means and refers to that certain plan identified more specifically as the “Downtown Community Plan” adopted on July 25, 2017. j. “Downtown PBAD” means and refers to that certain Property Based Assessment District created by City Council Resolution No. 10336 (CCS), adopted on July 24, 2008, and as shown on the “Property Based Assessment District Maps” attached hereto as Exhibit A to this Agreement. k. “Lincoln PBAD” means and refers to that certain Property Based Assessment District created by City Council Resolution No. 10895 (CCS), adopted on July 14, 2015, and as shown on the “Property Based Assessment District Maps” attached hereto as Exhibit A to this Agreement. 11.A.c Packet Pg. 1659 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 6 – l. “Colorado Overlay Zone” means and refers to that certain benefit zones within the Downtown PBAD, created by City Council Resolution No. 10896 (CCS), adopted July 14, 2015, and as shown on the “Property Based Assessment District Maps” attached hereto as Exhibit A to this Agreement. SECTION 2. TERM. The term of this Agreement shall commence on the Execution Date of this Agreement and continue up through May 19, 2029, unless earlier terminated pursuant to Section 10 of this Agreement or extended by the parties in writing pursuant to an amendment executed by the parties. Upon the Execution Date of this Master Services Agreement, this Agreement will replace and supersede the Services Agreement and Second Maintenance Agreement and these agreements shall terminate and be of no further force or effect. SECTION 3. ROLES AND RESPONSIBILITIES. 3.1. DTSM Roles and Responsibilities. DSTM shall be dedicated to promoting the continued economic revitalization of the Downtown through the sponsorship, support and production of programs, projects and services that benefit Santa Monica residents, Downtown merchants, property owners, customers and visitors. Without limiting the generality of the foregoing, and to the extent these duties are funded by the various business improvement areas, contracts, and other sources of funding received, DTSM shall be responsible for: a. Organizing, advising, and/or conducting marketing and advertising campaigns and concierge programs for the benefit of the Downtown; b. Organizing, advising, and/or conducting promotions and special events that attract and benefit local residents, customers, and visitors to the Downtown; c. Assisting the City by (i) coordinating the delivery of City-funded maintenance equal in commitment to the level of service described in the matrix included in the Work Plan attached hereto as Exhibit B and provided by the City as of the Execution Date of this Agreement for the repair and service of the streetscape, public areas and other public improvements within the Downtown, and (ii) providing enhanced levels of services, over and above what the City provides as described in clause (i) above, decided after consultation with the City, to be funded through the assessment revenues generated from the Mall Maintenance Fee and the Santa Monica PBAD. The enhanced level of maintenance services that DTSM will provide include custodial maintenance services that were previously performed by the City in the City owned parking structures as set forth in the Work Plan attached hereto as Exhibit B. d. Providing advice and recommendations to the City regarding long-term planning and zoning issues, preferred retail mix, streetscape and capital improvement projects, public 11.A.c Packet Pg. 1660 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 7 – parking projects, signage, specific discretionary planning and zoning cases, and developmental strategies in order to enhance the economic vitality of the Downtown; e. Assisting new and existing businesses by providing real estate and other economic information, identifying sites, and providing information about the development process; f. Assisting the City in managing the Downtown vending cart license program; g. Advising the City on operational issues related to the Downtown upon City’s request, from time to time; h. Coordinating with the City on filming, photo shoots and special events in the Downtown, and collecting Film and Special Event Fees, as approved by the City; i. Upon City’s written request, monitoring the street performer program in the Downtown; j. Advising merchants, property owners, and others having a business interest in the Downtown on common matters of interest; k. Serving as a liaison with City on behalf of merchants, property owners, and the general public on issues affecting the continued vitality of the Downtown; l. Providing information and cooperating with other local governments and professional organizations regarding activities or current operations of the Downtown; m. Upon request of merchants, property owners, or residents within the Downtown, making recommendations to the City about additional services needed in the Downtown and methods for funding, that are not provided for by the assessment districts and business improvement areas in place as of the date of this contract; n. Preparing annually a Work Plan, Annual Report, and Audited Financial Statement to be submitted and approved by City Council; o. Administering or providing services and activities for the Downtown as set forth in the approved work plans pursuant to Section 9.1, below; p. Managing an ambassador program that deploys resources within Downtown Santa Monica to that may provide information to visitors about activities, sites and points of interest within the Downtown, and monitors public facilities within the Downtown, provided the ambassadors are clearly not identified as representatives of the City or any law enforcement agency of the City, and do not assume any law enforcement responsibilities; q. At its sole expense, maintaining the Parking Structures Licensed Area, and the Improvements identified in Section 7.13 of this Agreement, in a clean and orderly condition, 11.A.c Packet Pg. 1661 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 8 – clean the Parking Structures Licensed Area and the Improvements on a regular basis, and make repairs that may be required by the City. Upon expiration or earlier termination of this Agreement, DTSM must return the Parking Structures Licensed Area and all its improvements to the City in as good as condition as they were on the date that the Parking Structures Licensed Area was first granted on June 30, 2014, under the Second Maintenance Agreement, less reasonable wear and tear. If DTSM does not keep the Parking Structures Licensed Area, and the Improvements, in good repair or fails to correct any condition within forty-eight (48) hours after being notified in writing by the City, then the City may enter the Parking Structures Licensed Area and remedy the conditions and charge the cost thereof to DTSM; and r. Procuring and directly contracting with private security personnel that will be deployed for the one-year Pilot Program provided that the security personnel are clearly not identified as representatives of the City, or any law enforcement agency of the City, and do not assume any law enforcement responsibilities as specified in Section 6.2 of this Agreement. The expected level of service to be provided within the Downtown will be defined annually in the Work Plan as further described in Section 9, below. DTSM shall have no obligation to provide services to any area outside of the Downtown area except as specifically approved by the City and DTSM in writing. 3.2. Administration of Central Business District Business Improvement Area. a. Ordinance No. 725 (CCS), amended by Ordinance No. 1228, established the Downtown Parking and Business Improvement Area, also known as the Central Business District Business Improvement Area, to provide for the levy of a special assessment on retail businesses for the general promotion of retail trade activities in the area. DTSM has undertaken responsibility for the general promotion of retail trade activities in the Central Business District Business Improvement Area. b. Until elimination of the Central Business District Business Improvement Area as contemplated by the Management Plan, Section VI, DTSM shall continue to undertake responsibility for the general promotion of retail trade activities as specified by Section 3 of Ordinance No. 725 (CCS), and amended by Ordinance No. 1228. These promotional activities and their related costs shall be segregated in the Work Plan from other activities of DTSM. c. DTSM agrees that all funds received from the City for implementation of this Section shall be subject to separate accounting and shall comply with the requirements of Sections 4 and 14 of this Agreement. All funds received pursuant to this Section shall be exclusively expended for the general promotion of retail trade activities which benefit the entire Downtown, save and except the sum of up to 20% thereof, which may be retained by DTSM for administrative overhead. DTSM shall be liable to the City for any and all expenditure of funds contrary to this Agreement. 3.3 The City’s Roles and Responsibilities. The City shall support DTSM in its stated role and responsibilities, and shall be responsible for: 11.A.c Packet Pg. 1662 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 9 – a. Delivery of City-funded maintenance equal in commitment to the level of service described in the matrix included in the Work Plan attached hereto as Exhibit B, and other municipal services to the extent that funds are available to the City; b. Funding of approved projects and programs for the Downtown, in such amounts as the City, in its sole discretion, determines necessary and appropriate; c. Design, construction, management and maintenance of capital projects, which shall be the subject of consultation with DTSM to the extent the same may affect the responsibilities of DTSM under this Agreement; d. Processing and approving permits as specified by applicable law; e. In its role as property manager, negotiating and administering the leases and licenses for the City’s Leasehold and Licensed Space within the Downtown; f. Seeking advice from DTSM on those items identified in Section 3.1 above so that the City may avail itself of the knowledge and expertise of DTSM in its advisory role on behalf of the Downtown; g. Provide written notification to DTSM when applications are sought for various private activities within the Downtown, including, but not limited to filming, special events, and for projects requiring Planning Commission review, Architectural Review Board applications, and certain construction-related projects which may have an impact on the Downtown, such as construction for exterior work, public works, and other street use projects or activities; h. Employee Parking. The City agrees to use its best efforts to provide parking passes, permits, or keycards to DTSM to be used by DTSM”s employees, board members, and the downtown ambassadors and private security services subcontracted by DTSM. DTSM shall ensure that its employees, board members, and downtown ambassadors and security service subcontractors park their vehicles only in such areas designated by the City and for the purpose of supporting DTSSM’s performance of its obligations under this Agreement. DTSM acknowledges and understands that the City is under no obligation whatsoever to provide parking to DTSM, and the City may at any time and at the City’s sole discretion, reduce the number of parking passes, permits, or keycards provided, change the designated parking areas, or otherwise restrict or revoke any parking privilege given by the City to DTSM under this Agreement. In addition, the City reserves the right to charge DTSM a fee, the amount of which may be determine by the City in its sole discretion, for DTSM’s use of parking passes, permits, or keycards; i. License to use Parking Structures. The City agrees to permit DTSM to use the Parking Structures Licensed Area. DTSM acknowledges and understands that the City is under no obligation whatsoever to permit DTSM to use the Parking Structures Licensed Area, and the City may, at any time, and at the City’s sole discretion, modify or reduce the Parking Structures Licensed Area, or otherwise restrict or revoke the Parking Structures Licensed Area, or any other 11.A.c Packet Pg. 1663 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 10 – privilege, given by the City to DTSM under this Agreement. In addition, the City reserves the right to charge DTSM a fee, the amount of which may be determine by the City in its sole discretion, for DTSM’s use of the Parking Structures Licensed Area; j. City, by and through its Public Works Department, agrees to perform certain enhanced levels of maintenance within the boundaries of the Santa Monica PBAD that are more fully set forth in the attached Work Plan attached hereto as Exhibit B. City will make available to DTSM any currently existing documents, data, or information pertinent to these services and promptly examine and render findings on any and all documents submitted for staff review by DTSM; k. Appoint member to DTSM’s Board of Directors; l. Approve DTSM’s Annual Work Plan and Budget provided City is in agreement with proposed Annual Work Plan and Budget; and With respect to City responsibilities provided pursuant to Subsections i and j above, the parties acknowledge that because the mutual exchange of maintenance services is revenue neutral, no compensation will be provided to DTSM by City, and no compensation will be provided by DTSM, for those maintenance services to be performed by each respective party as set forth hereunder. In the event that the cost to perform the services provided by DTSM hereunder exceeds the level of funding that the City provided for such base level custodial maintenance services for the Parking Structures Licensed Areas, the difference in cost shall be borne solely be DTSM. DTSM is not responsible for additional costs of any City services to be performed by City pursuant to Subsections i and j, unless mutually agreed to by the parties in writing. m. Payment to DTSM of the following funds: (i) all funds received pursuant to adoption of Resolution No. 10336 (CCS) on July 24, 2008, establishing the Downtown PBAD, and authorizing levy of property-based assessments, after deduction of an administrative fee to be retained by the City in an amount equal to $95.90 per parcel, increased annually by the CPI for the Los Angeles-Long Beach area, subject to the requirement that the CPI adjustment not exceed 5% nor be lower than 2% in any one year, to cover City’s costs in administering and collecting the assessments; (ii) all funds received from the Mall Maintenance Fee, originally established by Ordinance No. 1382 (CCS) on August 26, 1986, less an administrative fee to be retained by the City in an amount equal to 1.27% of the Mall Maintenance Fee collected to cover City’s costs in administering and collecting the Mall Maintenance Fee. (iii) all funds received from the Central Business District Business Improvement Area pursuant to Ordinance No. 725 (CCS), as amended by 11.A.c Packet Pg. 1664 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 11 – Ordinance No. 1228 (CCS), less an administrative fee to be retained by the City in an amount equal to 5%, which shall be retained by City to cover costs of collection and administration; (iv) all funds received pursuant to adoption of Resolution Nos. 10895 (CCS) and 10896 (CCS) on July 14, 2015, establishing the Lincoln PBAD and the Colorado Overlay Zone, respectively, and authorizing levy of property-based assessments, after deduction of an administrative fee to be retained by the City in an amount equal to $95.90 per parcel, increased annually by the CPI for the Los Angeles-Long Beach area, subject to the requirement that the CPI adjustment not exceed 5% nor be lower than 2% in any one year, to cover City’s costs in administering and collecting the assessments; (v) all funds related to the annual payment of general benefit for the properties within the boundaries of the Lincoln PBAD and Colorado Overlay Zone as set forth in the Engineer’s Reports; and (vi) City will disburse to DTSM all funds received and accounted for as of December 31, February 28, May 31, August 31, and September 30 of each year, within 21 days after the aforementioned dates, for the Downtown PBAD assessment, Mall Maintenance Fee, Central Business District Business Improvement Area fee, Colorado Overlay Zone, Lincoln PBAD assessment, and general benefits, less the applicable administrative fee, and less any reimbursements that may have been made to assessees or fee payers to correct incorrect assessments. The City will include with the disbursements a report that clearly explains how much was collected for each fee, the amount of the administrative fee and reimbursements that were deducted from the disbursement, for the benefit of DTSM’s budget planning and program administration. SECTION 4. ADMINISTRATION OF FUNDS DTSM agrees that all funds received from the City for implementation of this Agreement shall comply with the requirements of Section 14 of this Agreement. DTSM shall render a full and accurate accounting for the expenditures annually. DTSM shall be liable to and shall reimburse the City for any and all expenditure of funds contrary to this Agreement. SECTION 5. COMMUNITY PLANS AND CONSTRUCTION PROJECTS. 5.1. Community Plans. DTSM may gather public input and make recommendations to the City regarding land use, circulation, design and other policies and community plans that affect the Downtown. 11.A.c Packet Pg. 1665 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 12 – 5.2. Capital Improvement Projects. DTSM may make recommendations to the City for capital improvements to be constructed in the Downtown. SECTION 6. MAINTENANCE AND MANAGEMENT OF PUBLIC AREAS. 6.1. General Maintenance Matters. DTSM shall report to the City any maintenance and repair problems falling within the City’s jurisdiction, which DTSM becomes aware of or observes. Effective upon the Execution Date of this Agreement, the City will continue to provide maintenance-of-effort and base level services equal in commitment level to the services provided by the City as of the Execution Date of this Agreement for the repair and service of the streetscape, public areas and other public improvements within the Downtown as described in the Work Plan attached hereto as Exhibit B, and to the extent that funds are available to the City. The City shall undertake any regular maintenance and repair work it deems necessary at its discretion. The City shall undertake to advise DTSM, where possible, of any non-routine maintenance projects so that DTSM may assist in the coordination of such projects with the day-to-day operation of the Downtown. DTSM shall directly provide supplemental and enhanced maintenance services and programs throughout th e Downtown to the extent funds are available through Mall Maintenance Fees and property-based assessments for the purposes described in section 3.1 of this Agreement. DTSM and City shall coordinate such additional maintenance services and the City base level services to avoid operational conflicts. DTSM may retain vendors or contractors for such supplemental maintenance services. DTSM and City staff will cooperate to prepare an annual plan that will describe in detail the base and enhanced services for the upcoming year. DTSM and City will meet and confer on a regular basis to ensure that all services are being delivered in a coordinated manner and in accordance with high standards for cleanliness and efficiency. DTSM shall ensure that its contractors adhere to the same standards of sustainable maintenance practices as are followed by City maintenance. 6.2. Public Safety Services. DTSM may advise the City with respect to any safety or security issues within the Downtown. The DTSM may, at its election, retain or provide private security personnel, street performer monitors, ambassador services, and concierge services (collectively, “security personnel”) for the benefit of Downtown visitors using the revenues generated by the Mall Maintenance Fees and property-based assessments described herein, or from other revenue sources for these purposes. DTSM will not deploy security services in the Downtown after the expiration of the Pilot Program unless, pursuant to the California Streets & Highways Code section 36636, the City modifies the management district plans for the assessment districts located within the Santa Monica PBAD in which security personnel will be deployed. Such modifications are necessary 11.A.c Packet Pg. 1666 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 13 – to, among other things, identify security services as an activity and the level of security services, that will be funded with the revenue collected from the levy of assessments for these districts. In the event that DTSM intends to deploy security services after the expiration of the Pilot Program within the Downtown, then no later than One Hundred and Twenty (120) days prior to the expiration of the Pilot Program, DTSM will provide the City a written request that the City modify the management district plans for the assessment districts in which security personnel will be deployed. DTSM understands and acknowledges that California Streets & Highways Code section 36636 requires that the City comply with noticing requirements to notify each business or property owner affected by the proposed modifications and that the City Council hold a public hearing prior to modifying management district plans. In the event that such modifications to the management district plans are not adopted by the City prior to the expiration of the Pilot Program to permit the continued deployment of private security services in Downtown, DTSM agrees that it will cease its deployment of the private security services in Downtown upon expiration of the Pilot Program. During special events, DTSM may also hire personnel to serve as ushers or monitors with prior written approval of the Santa Monica Police Department. Such ushers or monitors may be in uniform but shall not hold themselves out to be agents, employees, or independent contractors of the City. a. Limitation on Duties of Security Personnel. Security personnel that DTSM deploys to service the Santa Monica PBAD shall have no ability to exercise any police functions, and security personnel duties shall be limited to performing security personnel services, including observing and reporting potential crimes to the Santa Monica Police Department. Additionally, DTSM shall ensure that any security personnel retained and provided by DTSM do not interfere with the operations of the Santa Monica Police Department. b. City Not Responsible for Directing Means and Methods of Security Personnel. DTSM understands, acknowledges, and agrees that City shall not be responsible for directing means and methods of security personnel functions and duties that are performed for the Pilot Program or extension thereof. DTSM acknowledges, understands, and agrees that security personnel retained or provided by DTSM shall not be deemed as agents, employees, or independent contractors of the City, and security personnel shall not hold themselves out to be agents, employees, or independent contractors. DTSM represents that all of DTSM’s contractors that will provide security personnel for the Downtown, possess the training, qualifications, and ability to perform the security services in a professional manner, without the advice, control, direction, or supervision of City, including its Santa Monica Police Department. c. Compliance with Santa Monica Municipal Code. Security personnel shall comply with Santa Monica Municipal Code section 3.36.140 at all times while performing its functions and duties. 6.3. Management. DTSM may assist in and make recommendations to City for the day-to-day management, operation and programming of the Public Areas. 11.A.c Packet Pg. 1667 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 14 – SECTION 7. MANAGEMENT OF LEASEHOLD AND LICENSED SPACE. 7.1. Management of Leasehold Space and Licensed Space. DTSM may advise the City regarding uses and operations of prospective or existing tenant or licensees in Leasehold Space or License Space. All recommendations from DTSM to the City on leases and licenses shall follow the guidelines set forth in the most current Leasing Guidelines approved by the City. Upon finalization of any agreement, DTSM shall advise and assist the tenant and the City with any future leasing issues as they arise. 7.2. General Duties and Responsibilities Regarding Leases and Licenses. DTSM may advise the City regarding recruitment of new tenants or licensees for any available Leasehold Space or License Space within Downtown. DTSM may assist the City on an as-needed basis in the monitoring of conditions of the lease or license. As requested by the City, DTSM may serve as a liaison between the City and the tenants and licensees with respect to resolution of disputes. 7.3. Lease and License Execution. City shall review with DTSM the uses, terms, and conditions of any new or amended lease or license for any City-owned property or Public Areas within the Downtown. All leases and licenses shall be consistent with the most current Leasing Guidelines, as they now exist or as amended from time to time in the future. After review, all such leases and licenses shall be entered into by the City pursuant to the execution procedures set forth in Santa Monica Municipal Code §2.32.030 et seq. 7.4. Management of Leases and Licenses. The City shall maintain the original signed leases and licenses in the Clerk’s Office with copies forwarded to DTSM. 7.5. Enforcement. City shall have complete authority and responsibility in the enforcement of all leases and licenses in the Downtown. Such enforcement shall include, but not be limited to, collection of rental amounts owed to the City, enforcement of other lease or license requirements, declarations of any default, termination, and bringing or defending any litigation arising from a lease or license dispute. 7.6. Rules and Regulations. From time to time, DTSM may recommend to the City such rules and regulations or such revisions to Leasing Guidelines with respect to the Leasehold Space and Licensed Space as will provide for the orderly operation of Downtown Santa Monica consistent with this Agreement, and which will provide for a harmonious relationship between tenants, licensees, City, and DTSM. 11.A.c Packet Pg. 1668 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 15 – 7.7. DTSM Not Broker/Agent. It is specifically understood and agreed that DTSM is not acting as a real estate broker or agent. DTSM’s relationship with City is that of an advisor, planner, and facilitator, and not that of a property manager or any other party who performs any service for which a real estate broker’s or salesperson’s license is required pursuant to the California Business and Professions Code. 7.8. Other Structures Constructed in Public Areas. Neither DTSM nor any private person or entity shall be entitled to erect structures or improvements on the Public Areas with the exception of tenant or licensee improvements authorized pursuant to a City approved lease or license agreement pertaining to the Leasehold Space or Licensed Space. No alterations may be made to any City-constructed Leasehold Spaces, including the retail pavilion structures on the Third Street Promenade without City’s prior written approval. Nothing in this Section prohibits DTSM from placing temporary installations or decorations consistent with the roles and responsibilities of DTSM under this Agreement, provided, however, that permits required under the Santa Monica Municipal Code first shall be obtained as applicable. 7.9. Vending Cart Operations. DTSM may advise and assist City in the management of the vending cart operations in the Downtown, including vending cart operations authorized on the Third Street Promenade and other Downtown vending cart activities authorized under S.M.M.C. Section 6.36.070, vending cart leasing guidelines, if any, and as amended, and agreements approved by the City. City may, at its sole discretion, authorize DTSM to directly manage such vending cart operations as the designated Administrator. 7.10. Outdoor Dining License Agreements. The City, through approved License Agreements, may in its sole discretion allow licensees to operate outdoor dining areas in the public right-of-way at certain locations within the Downtown in accordance with City ordinances. City shall advise DTSM of these outdoor license agreements and seek DTSM’s input. At City’s request, DTSM may monitor performance of outdoor dining in accordance with the License Agreement. 7.11. Grant of License. The City hereby grants to DTSM a revocable license for DTSM to enter and use particular office and storage areas and shared facilities in the Parking Structures Licensed Areas, at no cost to DTSM, as designated in the Work Plan attached hereto as Exhibit B, which may be modified by the City in writing from time to time, and additional areas may be identified and approved in writing by the City. Utility services (excluding telecommunications) for the Parking Structures Licensed Areas will also be provided by City. DTSM agrees to utilize the designated office and storage areas in the Parking Structures Licensed Areas to perform DTSM services pursuant to this Agreement. 11.A.c Packet Pg. 1669 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 16 – 7.12. License Areas Accepted “As Is”. DTSM has inspected and accepts the Parking Structures Licensed Areas and any existing improvements and facilities on the Parking Structures Licensed Areas “AS IS, in their present condition, and without representation or warranty by the City as a condition of the Parking Structures Licensed Areas or any present or future stability of the Parking Structures Licensed Areas. The City is not required to make any changes, alterations, additions, improvements or repairs in or about the Parking Structures Licensed Areas during the term of this Agreement. DTSM may not make any changes to the Parking Structures Licensed Areas without the prior written consent of City. All approved changes will be at DTSM’s sole expense. 7.13. Improvements. The City and DTSM acknowledge that DTSM has installed a storage cage on Level B2 and Level B3 of Parking Structure 6 within the Parking Structures Licensed Area (collectively “Improvements” as designated in Exhibit B attached hereto.). The Improvements and their use must be consistent with the Work Plan approved by City under this Agreement and will be deemed to be DTSM’s personal property for the term of this Agreement and any extension thereof. DTSM may not make any changes to the Improvements without the prior written consent of the City. No other furnishings or fixtures may be installed in such a manner as to become permanently affixed to or a part of the Parking Structures Licensed Area. The City reserves the right to order the removal or alteration of any Improvements that are not consistent with City requirements. Upon the expiration or earlier termination of this Agreement, the Improvements shall become the property of the City; or, the City may require DTSM to remove any Improvements. In removing any Improvements, DTSM must restore the Parking Structures Licensed Area and repair any damage caused by such removal. Any installation or removal of, or changes to, the Improvements under this paragraph will be at DTSM’s sole expense. 7.14. Nature of License Relationship. It is understood and agreed that the conditional and limited licenses to use Parking Structures Licensed Areas granted by this Agreement does not constitute an estate or interest in real property, but is merely a conditional, limited right to enter upon and use the Parking Structures Licensed Areas. Neither this Agreement, or action, failure to act, statement, representation, recognition, certificate, approval, or permit issued by the City, or its representatives, agents, employees, attorneys, or assigns, shall create, confer, or convey any vested or nonconforming right or benefit regarding the Licensed Areas. The relationship between City and DTSM with respect to Parking Structures Licensed Areas is solely that of licensor and licensee and not of landlord and tenant or easement grantor and easement grantee, or any other relationship. Notwithstanding any action of either party in the future, under no circumstances will the license granted herein ripen into either a lease or an easement, whether under a claim of prescriptive easement or otherwise. 17.15. Ingress and Egress. 11.A.c Packet Pg. 1670 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 17 – The City reserves the right to enter upon the Parking Structures Licensed Areas at any time during the term of this Agreement, and will provide at least 24 hours’ advance notice of entry, unless an emergency or other exigent circumstances preclude such advance notice. The City may remove DTSM from the use of the Parking Structures Licensed Areas, at any time and without notice to DTSM, if such removal by the City is necessitated by an emergency pertaining to the public health, safety or welfare of any person, which determination will be made in the City’s sole discretion. 17.16. Nontransferable Licenses. The license rights granted to DTSM under this Agreement are non-transferable. DTSM is prohibited from assigning any of its interests to the Parking Structures Licensed Areas to any other party or parties without the City’s prior written consent. Any attempt to do so will be null and void, and any purported assignee or transferee will acquire no right in the Parking Structures Licensed Areas. SECTION 8. ADVERTISING, PROMOTION, ENTERTAINMENT, AND SPECIAL EVENTS. 8.1. DTSM Programs. DTSM shall be responsible for development and implementation of various advertising, promotional, entertainment, and special event programs which will enhance the pedestrian enjoyment, commercial operation and aesthetic quality of the Downtown, as well as support and enhance the Downtown’s commercial, retail and entertainment qualities. DTSM may manage temporary holiday or special events and installations subject to compliance with the permit requirements of applicable law. 8.2. Filming and Special Events. DTSM shall facilitate filming and special event activities in the Downtown. Such filming and special event activities shall be in accordance with the permit requirements of applicable law, the City’s Community Event Management Plan or other such special event regulations as the City may, from time to time, adopt and shall not be amended without prior written approval of City. DTSM shall recommend a schedule of commercially reasonable fees and charges for filming and special events, subject to approval by the City. The City shall consult and coordinate with DTSM prior to selecting the Downtown as a venue for a special event. 8.3. Signs and Banners. DTSM shall also have the right and authority to display signs or banners, or other similar items, as provided in the Specific Plan and in compliance with applicable law, to advertise promotional programs or otherwise generally to promote the Downtown. Any such signs or banners shall be subject to all applicable City ordinances, laws, rules and regulations. 11.A.c Packet Pg. 1671 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 18 – 8.4. Street Performers. DTSM shall advise and make recommendations to City regarding street performers in the Downtown. Such advice and recommendations may pertain to the promulgation of regulations governing time, place and manner restrictions for street performers, the administration of street performer regulatory programs, the administration of street performer monitor programs, and enforcement of such street performer regulations that the City may, from time to time, adopt. SECTION 9. REPORTING REQUIREMENTS. 9.1. Establishment of Work Plan. DTSM shall prepare an annual operational, programmatic and development plan (known as the “Work Plan”) and budget (“Budget”) for implementation of DTSM’s roles and responsibilities set forth in Section 3 of this Agreement. Such Work Plan and Budget shall describe in detail the activities and services to be performed by DTSM, with corresponding expenditures and revenues. These programs shall take into account the different funding sources anticipated, and may change from year to year. The Work Plan shall also describe the enhanced maintenance that DTSM will provide in that fiscal year. In preparing the Work Plan, staff from the City and DTSM shall meet and confer to coordinate the roles and responsibilities set forth in Section 3 of this Agreement. The services provided by DTSM and the City, respectively, must remain revenue neutral and consistent with the Management Plan for Downtown PBAD and Streets and Highways Code section 36625. DTSM shall submit the Work Plan and Budget to the City Manager for the City’s review at least ninety (90) days prior to commencement of each fiscal year. This annual Work Plan is required to be submitted to and approved by the City as contemplated by Streets and Highways Code section 36650. DTSM shall consider and reasonably incorporate into the Work Plan and Budget recommendations made by the City. 9.2. THIS SECTION LEFT INTENTIONALLY BLANK 9.3. Annual Report. DTSM shall submit an Annual Report to City within one hundred and twenty (120) days of the end of DTSM’s fiscal year. The Annual Report shall include a status discussion concerning (i) the operation of the Downtown; (ii) the various programs conducted by DTSM in connection with the Downtown and this Agreement, including reports concerning programs and uses of funds; (iii) the accomplishment of objectives contained in the prior year’s Work Plan; and (iv) any other matters connected with the Downtown or within DTSM’s knowledge which have a material impact on the Downtown or the purposes or performance of this Agreement. 9.4. Annual Financial Report. An audited annual financial report shall be prepared by DTSM in such form as required by the City’s Director of Finance and shall be submitted within one hundred and twenty (120) days of the end of DTSM’s fiscal year. 11.A.c Packet Pg. 1672 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 19 – 9.5. Miscellaneous Reports and Information. DTSM shall deliver to City copies of all notices, agendas, and minutes of DTSM’s Board of Directors meetings, quarterly financial reports of expenditures, annual reports of all programs and promotional activities, and any other information requested by City promptly upon request. In addition, DTSM shall prepare, from time to time, reports on such other matters relating to its responsibilities as City may reasonably request. SECTION 10. TERMINATION. 10.1. Termination Upon Default. In the event DTSM fails or refuses to perform any of its obligations hereunder, at the time and in the manner required by this Agreement, the City shall provide DTSM with written notice of default and the steps necessary to cure such default. DTSM shall cure such default within thirty (30) days from the date of written notice from the City. If, however, the default cannot reasonably be cured within said thirty (30) days, the City may extend the time for cure. In the event DTSM fails to cure in a timely manner, the City may exercise any remedies available under law or equity, including but not limited to: a. Terminate this Agreement immediately by giving DTSM written notice thereof. b. City may take steps to cure the default and, to the extent permissible, recover costs incurred due to the default by retaining said costs from assessments collected by the City from property and business owners. Exercise of either of the above remedies by City shall in no way limit City’s exercise of any other remedies existing at law or in equity. 10.2. Termination Without Cause. a. Either party may terminate this Agreement immediately if the Santa Monica PBAD is dissolved pursuant to applicable state law upon written notice to the other party. b. DTSM may terminate this Agreement without cause, at anytime, during the term of the Agreement upon six (6) months’ written notice to the City. 10.3. Reversion of Funds and Property. Upon termination of this Agreement, DTSM shall immediately convey to City all unspent funds within DTSM’s possession or control, whether such funds were originally from City or from other sources, together with an accounting of all financial obligations of DTSM at the time of termination. All furniture, equipment and supplies, and all other assets of DTSM, shall revert to the City at the termination of this Agreement. 11.A.c Packet Pg. 1673 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 20 – SECTION 11. AVAILABILITY OF CITY INFORMATION. Upon reasonable notice, the City will make available to DTSM all public documents at its disposal reasonably required to fulfill the purposes and intent of this Agreement, including census data, property ownership records, copies of maps, studies and professional consultant and City staff reports relevant to the Downtown. In addition, City shall make available to DTSM planning and marketing studies and economic analyses which affect the Downtown. DTSM shall have access to public records regarding any proposed development in the Downtown, or any development which would restrict vehicular or pedestrian access to the Downtown or otherwise materially affect the operation or management of the Downtown. Additionally, the City shall, upon reasonable notice, make available to DTSM non-confidential information concerning costs and revenues attributable to Downtown area facilities and programs available to DTSM. SECTION 12. PURCHASING AND OTHER MONETARY OBLIGATIONS FOR OPERATION OF THE DOWNTOWN. DTSM shall be solely responsible for costs and expenses incurred in connection with the satisfaction of its obligations under this Agreement, including, but not limited to, salaries, insurance and payroll taxes for its employees. DTSM shall also bear all costs for programmatic activities identified in the annual Work Plan and annual Budget, including, but not limited to, marketing, promotions and special events. However, DTSM shall not be responsible for payment of any property taxes, insurance, assessments or other costs associated with the ownership or operation of real property or the Public Areas of the Downtown, except as may be specifically required to be paid by DTSM pursuant to this Agreement or its annual budget, as approved by the City. SECTION 13. COMPENSATION. 13.1. Annual Budget. After deduction of administrative fees and any reservations for refunds owed to assessees or fee payers, as provided in this Agreement, City will provide DTSM the balance of assessment and fee revenues generated by businesses and property owners within the Downtown for purposes of performing services pursuant to this Agreement. Use of the funding shall be consistent with the Annual Plan required hereunder. Nothing herein shall be deemed to obligate the City to fund any specific amount of money for DTSM. Consistent with the requirements of this Agreement and local, state and federal laws, as well as DTSM’s conflict of interest requirements, nothing in this Agreement shall otherwise preclude DTSM from accepting contracts or funding from various business improvement areas, assessment districts, private sponsorships for events or other sources of revenue. DTSM may accept such funding or contracts, provided that the purpose of these funds or contracts falls within the general purpose of the continued revitalization and promotion of the Downtown and is consistent with the purposes and intent to this Agreement. 11.A.c Packet Pg. 1674 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 21 – 13.2. Filming and Special Event Fees. DTSM shall have the right and authority to collect filming and special event location fees in accordance with a fee schedule established by DTSM and approved by the City for filming and special events occurring Downtown. All film application fees shall be retained by the City. DTSM shall provide the City with an accounting of all filming and special event fees collected as part of the annual DTSM budget. 13.3. No Naming Rights. Nothing in this Agreement is intended to permit DTSM to allow any person, including any corporation to have the right to have his, her, or its name associated with the Downtown. This Section shall not apply to sponsors of special or temporary events conducted pursuant to and consistent with the current Work Plan. SECTION 14. DTSM OPERATING STANDARDS. 14.1. By-Laws a. DTSM has adopted By-laws approved by City governing its operations, including procedures for amendment of said By-laws. Under the By-laws approved by the City on January 13, 2009, the By-laws may not be amended or repealed without prior written approval of at least seven (7) Directors. A copy of the By-laws is on file in the offices of DTSM. b. As a condition precedent to the effectiveness of this Agreement, DTSM shall amend its By-laws to provide that a person shall not qualify nor remain as a Director, if that person is an agent, representative, employee or volunteer of the owner of property or the owner of property not current in payment of special or general benefit assessments, fees or licenses imposed within the Downtown. 14.2. Nondiscrimination. DTSM certifies and agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, marital status, age, sexual orientation, disability or condition of having AIDS, in accordance with the requirements of local, state and federal law. DTSM also agrees that it will provide equal opportunity to all employees and applicants without regard to race, color, religion, national origin, ancestry, sex, marital status, age, sexual orientation, disability or condition of having AIDS, in accordance with requirements of local, state and federal law. Such shall include, but not be limited to, the following: a. Employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and b. Selection for training, including interns and apprentices. 11.A.c Packet Pg. 1675 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 22 – c. DTSM agrees to post notices setting forth the provisions of this Section in conspicuous places in each of DTSM’s facilities providing services hereunder, available and open to employees and applicants for employment. d. DTSM shall state, in all solicitations or advertisements for employees placed by or on behalf of DTSM , that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, marital status, age, sexual orientation, disability or condition , in accordance with requirements of local, state and federal law. e. In accordance with applicable state and federal law, DTSM shall allow duly authorized county, state, and federal representatives access to its employment records during regular business hours in order to verify compliance with the nondiscrimination provisions of this Section. DTSM shall provide such other information and records as such representatives may require in order to verify compliance with the nondiscrimination provisions of this Section. If City finds that any of the provisions of this Section have been violated, the same shall constitute a material breach of this Agreement upon which City may determine to cancel, terminate, or suspend this Agreement. While City reserves the right to determine independently that the nondiscrimination provisions of this Agreement have been violated, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that DTSM has violated State and Federal nondiscrimination laws shall constitute a finding by City that DTSM has violated the nondiscrimination provisions of this Agreement. DTSM will provide the City with a copy of its personnel policies manual which sets forth the policies governing transactions between employees and prospective employees and the DTSM relating to employment benefits and other personnel-related services. DTSM shall not discriminate in any manner in providing the services set forth in this Agreement. All contracts or agreements entered into by DTSM shall comply with Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d, and with Section 504 of the Rehabilitation Act, 29 USC Section 794. In accordance with these statutes and other federal, state, and local laws, no person in the United States shall, on the grounds of race, creed, color, disability, national origin, sex, age, marital status, sexual orientation, HIV/AIDS status, political affiliation or religious beliefs, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity provided by DTSM. DTSM and any of its contractors shall adhere to all regulations set forth by the Americans with Disabilities Act (ADA). Any contracts awarded by DTSM shall comply with the terms of this Section. 14.3. Accounting Procedures. DTSM shall maintain its books and records in accordance with generally accepted accounting principles (GAAP), and in such form as will facilitate accurate preparation of necessary fiscal reports and in such form as is otherwise acceptable to the City. DTSM may retain the services of a certified public accountant for assistance in this function. City shall have access to all of DTSM’s books, records, and accounts, including those records kept pursuant to Section 4 of this Agreement, and shall have the right to audit such books, records and accounts upon reasonable notice and during normal working hours. 11.A.c Packet Pg. 1676 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 23 – 14.4. Subcontractors. DTSM will enter into contracts with subcontractors to perform, in part, the DTSM services contemplated under this Agreement. DTSM is responsible for the quality of all subcontractor work performed under this Agreement. DTSM is also responsible for ensuring that every subcontract or agreement of any kind entered into between DTSM and subcontractor (or between subcontractor and others) for or in connection with performance of services provided by DTSM under this Agreement will be consistent with this Agreement and Management Plan. DTSM shall submit to the City an executed copy of any and all agreements with contractors arising from or related to this Agreement. DTSM may terminate and replace the services of any subcontractor that is performing services pursuant to annual work plans, subject to the prior written approval of the City. Requests for subcontractors shall be submitted in writing, describing the scope of work to be contracted, the name of the proposed subcontractor, and the total price or hourly rates used in preparing an estimated cost for the subcontractor’s services. The City may issue approval of the subcontractor in the form of a Work Order. 14.5 Compliance with Laws and Management Plan. DTSM shall comply with all laws of the State of California and the United States, all ordinances, rules and regulations enacted or issued by City including, but not limited to, Articles 2 and 3, Division 2, Part 7, Chapter 1 of the Labor Code, State of California related to prevailing wage, apprentices, penalties and certified payroll. 14.6. Registration with the Department of Industrial Relations; Compliance Monitoring. a. DTSM understands, acknowledges and agrees that no contractor or subcontractor may be listed on a bid proposal for a public works project (within the meaning of Labor Code section 1720) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a). b. DTSM understands, acknowledges and agrees that no contractor or subcontractor may be awarded a contract for public work on a public works project (within the meaning of Labor Code section 1720) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. c. All public works projects (within the meaning of Labor Code section 1720) performed or caused to be performed by DTSM under this Agreement, or other agreement for services or improvements to be performed by DTSM under this Agreement, shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. 11.A.c Packet Pg. 1677 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 24 – d. In addition to any other indemnities provided to City under this Agreement, DTSM shall defend, indemnify and hold the City and its respective officers, employees and agents harmless against any penalties, claims, demands, judgements, damages, or costs, resulting or arising from the implementation of any public works project under the Maintenance Agreement, in violation of the Labor Code. This Section 4.4 shall survive termination of the Maintenance Agreement. SECTION 15. INSURANCE AND INDEMNIFICATION. 15.1. Insurance Requirements for DTSM and Third Parties. For the duration of the term of this Agreement, DTSM shall obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements. For the duration of the term of this Agreement, every subcontract or agreement of any kind entered into between DTSM and a contractor (or between any DTSM contractor and others) shall require the contractor to provide the minimum scope and limits of insurance set forth in Exhibit C. 15.2 Indemnity by DTSM. DTSM shall indemnify, save, protect, defend and hold harmless the City, its City Council, boards and commissions, agents, officers, representatives, employees, lenders and volunteers (collectively, the “City Indemnified Parties”) from any and all liability, claim, action, demand, proceeding, loss, damage, cost, expense, or injury to persons or property (collectively, “Indemnified Claims”) to the extent caused, claimed to be caused, in connection with, or arising from the act, errors, and/or omissions of DTSM or DTSM’s officers, agents, employees, and contractors, in the performance of the services or work required to be conducted by DTSM pursuant to this Agreement, except to the extent any Indemnified Claim is caused by the active negligence or willful misconduct of the City. DTSM’s obligation to indemnify, defend and hold harmless City Indemnified Parties does not extend to the maintenance, service, repair or condition of City owned facilities, streets, and sidewalks, unless the responsibility for such maintenance, repair or condition has been assumed by DTSM pursuant to the terms of this Agreement or Indemnified Claim is caused by the acts, errors, and/or omissions of DTSM or DTSM’s officers, agents, employees, and contractors, in the performance of the services or work required to be conducted by DTSM pursuant to this Agreement. If any action or proceeding is brought against any of the City Indemnified Parties in connection with any Indemnified Claims indemnified by DTSM as set forth above, DTSM, upon notice from City, shall defend the same at DTSM’s expense with counsel approved by City, subject to the reasonable requirements of DTSM’s insurance carrier if defended by same, which approval shall not be unreasonably withheld. It is understood and agreed that DTSM’s insurance s et forth in Section 15.1, shall be the primary insurance in connection with the Indemnified Claims. 15.3. Third Party Indemnity Except as otherwise approved in writing by the City, DTSM shall require that all written contracts that it enters into with contractors indemnify, save, protect, defend, and hold harmless 11.A.c Packet Pg. 1678 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 25 – the City Indemnified Parties, DTSM and their respective officers, directors, agents, employees, and affiliates from any and all liabilities, losses and claims, and reimburse them for all expenses they incur (including the costs of litigation and reasonable attorneys' fees) on account of personal injury or death to persons and damage to property which occurs in the Downtown, to the extent caused by the acts, errors, and/or omissions or misconduct of such contractor, or employees or agents of such contractor, arising from or related to the performance of work or services it performs on or about the Downtown, or from such contractor's property. Each contractor that DTSM employs hereunder shall pay for and defend any and all suits or actions threatened or instituted against DTSM or City Indemnified Parties, and shall pay all reasonable attorneys' fees, litigation costs and all other expenses in connection therewith, and shall promptly discharge any judgments arising therefrom. These conditions shall also apply to any work or operations subcontracted by such contractors. Such provisions shall expressly survive the expiration of any contracts in which they are contained. This Section 15.3 does not relieve DTSM from performing its obligations pursuant to Section 15.2, above. 15.4. Enforcement Costs. DTSM agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in this Section 15. SECTION 16. MISCELLANEOUS. 16.1. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements are merged herein. No other verbal agreement, oral or written, or implied covenant shall be held to vary the provisions of this Agreement. Any modification of this Agreement will be effective only by written execution signed by both City and DTSM, and approved as to form by the City Attorney. 16.2. Delegation and Assignment. DTSM shall not delegate or assign all or any portion of its rights or duties under this Agreement to any person, firm, or entity, except as may be specifically permitted by this Agreement. DTSM may subcontract work to fulfill its responsibilities under this agreement. DTSM shall be responsible for the quality of all subcontractor work performed pursuant to this Agreement. 16.3. Notices. All notices, demands, requests, consents, or approvals as may be required or permitted to be given under this Agreement shall be in writing and shall be sent via mail, or hand delivered, to the parties at the addresses set forth below. To DTSM: Downtown Santa Monica, Inc. Attention: CEO 1351 Third Street Promenade, Suite 201 11.A.c Packet Pg. 1679 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 26 – Santa Monica, California 90401 To City: City of Santa Monica Economic Development Division Attention: Economic Development Manager 1901 Main Street, Suite E Santa Monica, California 90405 With copies to: City of Santa Monica City Manager’s Office 1685 Main Street Santa Monica, CA 90401 Attention: City Manager City of Santa Monica City Attorney’s Office 1685 Main Street, Room 310 Santa Monica, CA 90401 Attention: City Attorney 16.4. No Interest in Property. This Agreement shall not be deemed at any time to be an interest in real property or a lien of any nature against the Downtown, the Third Street Promenade, or the real property upon which the Third St. Promenade improvements are erected. This clause shall be self-operative and no further instrument of subordination shall be required. The relationship of the City and DTSM shall not be that of a partnership, joint ventures, or otherwise of co-owners. 16.5. Other Services. In addition to the services specifically set forth in this Agreement, DTSM shall perform from time to time such other services necessary or desirable for the operation, management, restoration, and continued revitalization of the Downtown as the City shall reasonably request and may be practicable within the DTSM annual budget. 16.6. Approvals. All approvals requested or required to be given by either party hereto, unless a specific time frame is set forth in this Agreement, shall be given within thirty (30) days following delivery of the request for approval. All approvals shall be in writing. 16.7. Waiver. A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. 11.A.c Packet Pg. 1680 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 27 – 16.8. Governing Law. This Agreement has been made and shall be construed and interpreted in accordance with the laws of the State of California. 16.9. Compliance with Applicable Law. DTSM shall perform all of the services set forth in this Agreement in complete accordance with all applicable municipal, state or federal laws, ordinances, rules and regulations. 16.10. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. 16.11. Severability. If any term or provision, or any portion thereof, of this Agreement, or the application thereof to any, person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances, other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 16.12. Venue and Jurisdiction. City and DTSM agree that any litigation arising out of this Agreement may only be brought in either the unites States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to the is Agreement. 16.13. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. Neither the City nor its officers or employees have any control over the conduct of DTSM or any of DTSM’s ag ents, employees, or subcontractors, except as otherwise provided herein. 16.14. Execution in Counterparts. 11.A.c Packet Pg. 1681 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 28 – This Agreement, and all amendments and supplements to it, may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single document. Any signature to this Agreement transmitted electronically through DocuSign, PDF, or other electronic form shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature). 16.15. Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of any alleged breach of any provision of this Agreement, the prevailing party will be entitled to receive from the losing party all reasonable costs, disbursements, and expenses, and such amount as the court may adjudge to be reasonable attorney fees. 16.16. Permits and Licenses. DTSM, at its sole expense, shall obtain and maintain during the term of this Agreement all required business and professional permits, licenses, and certificates that are required to perform its obligations under this Agreement. 16.17. City’s Proprietary Capacity. DTSM agrees that City, in making and entering into this Agreement, the City is also acting in City’s proprietary capacity for all purposes and in all respects. Nothing contained in this Agreement may be deemed directly or indirectly to restrict or impair in any manner or respect whatsoever any of City’s governmental powers or rights or the exercise thereof by City, whether with respect to the Parking Structures Licensed Areas or DTSM’s use thereof or otherwise. It is intended that DTSM must fulfill and comply with all requirements as may be imposed by any governmental agency or authority of City having or exercising jurisdiction over the Parking Structures Licensed Areas in its governmental capacity. 16.18. Captions and Headings. The Section captions and headings are for convenience of reference only and in no way shall be used to construe or modify the provisions set forth in this Agreement. 16.19. Recitals and Exhibits. The Recitals set forth above and the following Exhibits shall be included as a term of this Agreement and are incorporated herein by reference: Exhibit A: Downtown Santa Monica Map Exhibit B: FY 2023-24 Work Plan (includes DTSM Management Plan Services and City Baseline Service Matrices) 11.A.c Packet Pg. 1682 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - 29 – Exhibit C: Insurance Requirements IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF SANTA MONICA, a municipal corporation By: ____________________________ DAVID WHITE City Manager APPROVED AS TO FORM: __________________________ DOUGLAS SLOAN City Attorney ATTEST: __________________________ DENISE ANDERSON-WARREN City Clerk DOWNTOWN SANTA MONICA, INC., a non-profit public benefit corporation By: ________________________________ Chair 11.A.c Packet Pg. 1683 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Exhibit A11.A.c Packet Pg. 1684 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and DOWNTOWN SANTA MONICA, INC. ANNUAL WORK PLAN + BUDGET FY2023/24 1 Exhibit B 11.A.c Packet Pg. 1685 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Table of Contents Introduction...................................................................................................................................................................3 Services..................................................................................................................................................................... 4 Strategic Priorities.....................................................................................................................................................4 Fiscal Year 2023/2024 Budget and Allocations.........................................................................................................5 Operations and Public Space Management...................................................................................................... 5 Public Safety.......................................................................................................................................................5 Advocacy and Oversight................................................................................................................................. 5 Parking Structure Custodial Maintenance......................................................................................................6 Enhanced Custodial Maintenance.................................................................................................................6 Parks Attendants, Restroom Monitoring, and Social Outreach....................................................................6 Placemaking and Beautification.....................................................................................................................6 Communications, Events, & Development...........................................................................................................7 Community Events and Activations.................................................................................................................7 Partnerships.........................................................................................................................................................7 Public Relations and Promotions......................................................................................................................7 Economic Development and Advocacy.......................................................................................................7 Data and Research...........................................................................................................................................8 Communications and Outreach..................................................................................................................... 8 Organizational Management................................................................................................................................ 9 Administrative Functions................................................................................................................................... 9 Professional Support...........................................................................................................................................9 Board and Staff Education and Development..............................................................................................9 Exhibit A - FY23-24 Budget.....................................................................................................................................10 Exhibit B - District Boundary Map..........................................................................................................................11 Exhibit C - Downtown Parking Structures Licensed Area..................................................................................12 Board Directory......................................................................................................................................................15 Staff Directory.........................................................................................................................................................15 DTSM, Inc. Operations Enhanced Maintenance Schedules.................................................................................. 16 Parking Structure Maintenance Schedule....................................................................................................16 Lincoln Blvd and Colorado Ave Maintenance Schedule...........................................................................16 Pressure Washing Schedule............................................................................................................................17 Restroom Monitoring Schedule......................................................................................................................17 General Maintenance Schedule...................................................................................................................18 Activity Frequency...........................................................................................................................................18 City of Santa Monica Public Works Maintenance Service Matrix....................................................................19 2 11.A.c Packet Pg. 1686 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and DOWNTOWN SANTA MONICA, INC. FY2023-24 OPERATIONAL PLAN Introduction It is the mission of Downtown Santa Monica, Inc. ( DTSM, Inc.) to manage services and operations in Downtown Santa Monica while promoting economic stability, growth and community life within this unique neighborhood. To produce a strong and vibrant pedestrian-oriented downtown, DTSM, Inc. leverages its services, relationships and expertise to develop, implement, and maintain various programs for enhanced maintenance and security, marketing, events, promotions, and economic vitality to benefit Downtown Santa Monica. To meet the challenges facing Downtown Santa Monica in Fiscal Year 2022/2023, DTSM, Inc. reset its strategic priorities to focus on the foundations of a successful downtown: public safety, creating a clean and welcoming environment, activating a vibrant public space, and advocating for policies that support the business community. Meeting these goals remains the urgent focus of DTSM, Inc. in Fiscal Year 2023/2024, and this is reflected in this Operational Plan and budget. 3 11.A.c Packet Pg. 1687 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Services DTSM, Inc. is contracted by the City of Santa Monica to provide services to the district. As representatives of Downtown stakeholder interests in these challenging times, the need for DTSM, Inc. to deliver is greater than ever. DTSM, Inc. functions are as follows: 1. Advising the City of Santa Monica on all matters related to Downtown 2. Advocating on behalf of all Downtown stakeholders 3. Providing marketing and promotional services, and programming events and activations 4. Providing enhanced maintenance and public safety services Strategic Priorities In Fiscal Year 2022/2023, the DTSM, Inc. Board of Directors determined its strategic priorities. These priorities remain the points of emphasis for DTSM, Inc. in Fiscal Year 2023/2024, and are as follows: 1. Evaluate, and seek to amend, the Services Agreement between DTSM, Inc. and the City of Santa Monica 2. Improve the experience in the Downtown parking structures by evaluating services and conditions and making recommendations in the areas of management, maintenance, custodial, and revenue management 3. Impact public safety in Downtown Santa Monica through advocacy and practical measures 4. Reactivate public spaces in Downtown through events, activations, and improving the process in which businesses can open and operate in Downtown 5. Address issues relating to infrastructure and management in the Downtown 6. Work to build support from Downtown Stakeholders through communications, outreach, and coalition-building In Fiscal Year 2022/2023, DTSM, Inc. began executing on its strategic priorities. The DTSM, Inc. Board of Directors passed recommendations to amend its Services Agreement with the City of Santa Monica. Cosmetic and infrastructure improvements are now happening in Downtown parking structures. DTSM, Inc. is poised to introduce a supplemental private security team. Community events and the Santa Monica Ice Rink returned, and communications with stakeholders and promotions for our local businesses improved. Delivering on these strategic priorities continues in Fiscal Year 2023/2024. 4 11.A.c Packet Pg. 1688 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Fiscal Year 2023/2024 Budget and Allocations The DTSM, Inc. Board of Directors approved a budget of $10,629,733.21 for the fiscal year 2023/2024. DTSM, Inc. anticipates receiving $10,208,033 in revenue from property-based assessments, business license taxes, and income from enterprise programs. The Board determined to use $421,700.21 of reserve funding to pay for the total expenditures for the fiscal year. (See Attachment A, page 10.) The 2023/2024 budget contains allocations for Organizational Management, Communications, Events, and Development, and Operations and Public Space Management. The descriptions of these allocations, and their unique directives, are as follows: Operations and Public Space Management A clean, safe, and welcoming environment is the foundation for success in Downtown Santa Monica. DTSM, Inc. provides enhanced services in the areas of public safety, custodial maintenance, and social outreach, while also providing oversight of City of Santa Monica services. Together, DTSM, Inc. and the City of Santa Monica fulfill the responsibility of creating a thriving and inviting community space for everyone. Operations and Public Space Management services make up 69.83% of the DTSM, Inc. budget and include the following directives: Public Safety ●Support the City of Santa Monica’s public safety officials in their efforts to keep Downtown safe ●Advocate on behalf of Downtown Santa Monica with City, County, and other government agencies charged with managing public safety to ensure they maintain a regular presence in Downtown ●Fund and oversee private security personnel deployed in Downtown Santa Monica ●Facilitate communication between parties engaged in preserving the safety of Downtown public spaces Advocacy and Oversight ●Advise the City of Santa Monica on operations and services in the public right-of-way. Advocate for maximum effectiveness and efficiency in managing public resources ●Advise the City of Santa Monica on operations and services in public parking 5 11.A.c Packet Pg. 1689 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and resources. Advocate for maximum effectiveness and efficiency in managing public parking resources ●Collaborate with the City of Santa Monica and related service vendors to ensure compliance with maintenance standards established by all parties working in the public right-of-way and on public property Parking Structure Custodial Maintenance ●Provide custodial maintenance services for Downtown public parking structures in accordance with the Maintenance Services Agreement between DTSM, Inc. and the City of Santa Monica (See Attachment B: Services Matrix) Enhanced Custodial Maintenance ●Provide enhanced custodial services to support a clean, active, and well-managed Downtown (See Attachment B: Services Matrix) ●Conduct regular power washing and as-needed hot spot cleaning of key public spaces, including sidewalks, crosswalks, and alleys ●Promptly remove graffiti from public and private property and notify private property owners of other identified maintenance concerns and safety hazards Parks Attendants, Restroom Monitoring, and Social Outreach ●Ensure a positive visitor experience in Downtown parking structure restrooms and in Downtown-adjacent parks by providing attendants and custodial maintenance services ●Deploy a Homeless Outreach Coordinator and Quality of Life team to work strictly in the Downtown District to collaborate with other advocacy groups and service providers to expedite services for individuals in need ●Partner with the City of Santa Monica and other community organizations in supporting initiatives to combat crime and homelessness Placemaking and Beautification ●Create engaging streetscapes and pedestrian spaces through the preservation of existing assets and investments in infrastructure, landscaping, amenities, and creative placemaking ●Participate in planning beautification and improvement projects for streets, sidewalks, and alleys across the district ●Work with the City of Santa Monica to maximize multi-modal transportation access and wayfinding in Downtown Santa Monica for all visitors ●Monitor permits for large-scale maintenance and construction, street and alley closures, and Third Street Promenade vehicle access. Mitigate impacts of temporary closures and provide advance communication to district 6 11.A.c Packet Pg. 1690 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and stakeholders ●Collaborate with the City of Santa Monica to provide active street vendor management for Third Street Promenade and other public spaces ●Create, manage, and oversee Downtown decor and lighting programs Communications, Events, & Development DTSM, Inc. furthers the reputation and economic vitality of Downtown Santa Monica and the Third Street Promenade through consistent branded communications, hosted and facilitated events, and economic development. Communications, Events & Development services make up 23.21% of the DTSM, Inc. budget and include the following directives: Community Events and Activations ●Produce a full calendar of events, programming and holiday activities to activate and encourage visitorship to the Downtown area year-round ●Facilitate third-party events and activations on Third Street Promenade in partnership with the City of Santa Monica ●Facilitate filming in the Downtown in partnership with Film L.A. Partnerships ●Identify partnerships, sponsorships, and other funding opportunities for key programs supporting or enhancing Downtown Santa Monica ●Partner with Santa Monica Travel & Tourism, the Santa Monica Chamber of Commerce, and other local organizations to support tourism, economic development, and community engagement Public Relations and Promotions ●Produce advertising and promotional campaigns to drive brand awareness and foot traffic to Downtown ●Produce and implement a 12-month public relations plan to reinforce the Downtown Santa Monica brand and keep Third Street Promenade top of mind for local visitors ●Strengthen local media relations by building and maintaining relationships with local editors and journalists Economic Development and Advocacy ●Seek supplemental and diversified revenue streams to enhance programs and services. Maximize revenues generated by Downtown Santa Monica, Inc. 7 11.A.c Packet Pg. 1691 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and events and activations ●Create and oversee licensed operations in public space including community benefit activations, vendor management, and new programs ●Preserve the Downtown Santa Monica and the Third Street Promenade competitive advantages and economic viability through planning and advocating for reinvestment in short term and long-term capital improvements ●Maximize the utility of private properties abutting the Third Street Promenade through zoning and ordinance changes, a streamlined permitting processes and support for tenant selection by owners ●Advocate for new and existing revenues to fund maintenance, operations, and capital improvements in Downtown Santa Monica. Revenue generating opportunities include advertising, new technology, and new funding sources (Enhanced Infrastructure Financing District) ●Advocate on behalf of property and business owners on matters contributing to the overall vitality of business Downtown. Advise the City Council and its boards, commissions, and staff on development of policies, plans and ordinances impacting the trajectory of Downtown Data and Research ●Produce regular data-driven reports to inform the decisions of DTSM, Inc. and support the Downtown community ●Position Downtown Santa Monica, Inc. as a central source of information on all aspects related to Downtown, including the economic vitality and market potential ●Track, analyze, and advise the City Council and its boards, commissions, and staff on public and private development projects Communications and Outreach ●Develop a communications and marketing strategic plan to reintroduce Downtown Santa Monica to stakeholders, reinforce Downtown Santa Monica’s brand positioning as a premier beach destination, and reposition Third Street Promenade as an experience-based destination ●Manage and produce content for Downtown Santa Monica’s communication channels including website, newsletters and social media ●Launch new and maintain existing stakeholder communications, such as newsletters and reports, to provide timely and relevant information ●Host stakeholder meetings to share updates on programs, collaborative opportunities and other essential information ●Produce a data-driven annual report to highlight the achievements of DTSM, Inc. in the prior fiscal year ●Conduct stakeholder surveys and program evaluations as needed to maximize 8 11.A.c Packet Pg. 1692 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and the effectiveness of all DTSM, Inc. programs Organizational Management DTSM, Inc. is an efficient and effective organization that employs a professional staff to manage relationships and services that support Downtown Santa Monica. These functions require centralized administrative support funded through revenues received by DTSM, Inc. throughout the fiscal year. Organizational Management services make up 6.96% of the DTSM, Inc. budget and include the following directives: Administrative Functions ●Maintain a professional office for a staff dedicated to providing a high caliber of service while adhering to all required compliance standards ●Provide public meeting space for the Board and committees Professional Support ●Ensure proper insurance coverage and protect the organization from risk ●Administer financial functions for the organization including preparing quarterly financial management reports, conducting an annual audit, and managing internal accounting functions Board and Staff Education and Development ●Conduct regular staff training and create opportunities for professional development and continuing education, including ongoing coaching and performance feedback ●Create opportunities for strategic and organizational planning and educational opportunities for members of the Board of Directors 9 11.A.c Packet Pg. 1693 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Exhibit A - FY23-24 Budget 10 11.A.c Packet Pg. 1694 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Exhibit B - District Boundary Map The boundaries of the Downtown Santa Monica district extend from the east side of Ocean Ave to the east side of Lincoln Blvd. and from the I-10 freeway to the commercial parcels immediately north of Wilshire Blvd. 11 11.A.c Packet Pg. 1695 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Exhibit C - Downtown Parking Structures Licensed Area 12 11.A.c Packet Pg. 1696 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and 13 11.A.c Packet Pg. 1697 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and 14 11.A.c Packet Pg. 1698 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Board Directory Chair Eric Sedman Vice Chairs Michele Aronson Joshua Gilman Julia Ladd Peter Trinh Secretary/Treasurer Barry Snell Board Members Luke Cain Bruce Fairty Anuj Gupta Ericka Lesley Leo Pustilnikov Lucian Tudor Lora Vrastil Staff Directory Chief Executive Officer Andrew Thomas Director of Marketing and Partnerships Ariana Gomez Director of Operations and Placemaking Jeremy Ferguson Special Events Manager Laura Borsecnik Business & Community Development Manager Martin Ronzio-Garcia Public Space Manager Fatima Fazal Community Engagement Manager Julia Moser Data and Research Manager Michael Lin Administrative Office Manager Victor Greenwood 15 11.A.c Packet Pg. 1699 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and DTSM, Inc. Operations Enhanced Maintenance Schedules Parking Structure Maintenance Schedule The following duties are performed in Parking Structures 1,2,4,5 and 6 during the stated shifts. (Note: Duties and shifts subject to change based on need.) Shift time from 10:00 p.m. – 6:30 a.m. Run M30 Sweeper/Scrubber vehicle on a rotational schedule in all structures Close all restrooms for deep cleaning floor-to-ceiling Sweep, mop, and wipe down all stairwells and landing areas Conduct pan and broom maintenance throughout structures Document maintenance issues for reporting Shift time from 8:00 a.m. - 4:30 p.m. Clean restrooms (empty trash, clean toilets/urinals, clean sinks, counters, mirrors, and replenish toiletries as needed) Remove, or paint over, graffiti Remove debris as needed Conduct pan and broom maintenance as needed Shift time from 2:30 p.m. – 11:00 p.m. Clean restrooms daily (empty trash, clean toilets/urinals, clean sinks, counters, mirrors, replenish toiletries as needed Sweep/mop restroom as needed Pull all trash (2/3rds full) and replace bags on every level of parking structures and wipe down cans Wipe down all structure interior signage as well as fire and electrical boxes Remove or paint over any graffiti that is reported or found Clean up all spills as necessary Conduct pan and broom maintenance as needed Lincoln Blvd and Colorado Ave Maintenance Schedule Lincoln Blvd Shift time from 7:00 a.m. – 6:00 p.m. Sweep and clean all sidewalks on east and west side of Lincoln Blvd from Colorado to Wilshire Wipe down and clean all public infrastructure as needed Document maintenance issues for reporting 16 11.A.c Packet Pg. 1700 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Colorado Ave Shift time from 8:00 a.m. – 9:30 p.m. Sweep and clean sidewalks on north and south side of Colorado Ave from Ocean Ave to Lincoln Blvd Wipe down and clean all public infrastructure as needed Document maintenance issues for reporting Pressure Washing Schedule Enhanced Maintenance – Pressure Washing & Deep Cleaning in Downtown DTSM, Inc. conducts pressure washing and deep cleaning services throughout various locations in Downtown. Services are planned to be deployed in accordance with the following minimum schedule, which may be adjusted as resources permit. Activity Frequency Zone 1: Third Street Promenade Intersections 4x Annually Zone 1: Alleys (2nd & 3rd Courts) Once a week Zone 2: Alleys Once a week Zone 3: Alleys Once every 2 weeks Zone L: Lincoln Blvd. Sidewalks 4x Annually Downtown Hotspots (Areas of Need) As Needed Parking Structure Stairwells (Areas of Need) Once a week Restroom Monitoring Schedule The following restrooms are monitored and provided ongoing custodial services during all hours of public operation. (Per matrix, wipe downs every 15 minutes light cleaning twice a day, and deep cleaning nightly) ●Parking Structure #2 (during Farmer’s Market) ●Parking Structure #4 ●Parking Structure #5 ●Tongva Park ●Reed Park 17 11.A.c Packet Pg. 1701 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and General Maintenance Schedule In order to care for infrastructure and improve the aesthetic of Downtown’s public spaces, DTSM completes the following routine maintenance activities during the course of a year. Activity Frequency Paint Public Infrastructure As Needed Dinosaur Landscaping Refresh / Replant Quarterly/As Needed Dinosaur Fountain Maintenance Semi-Weekly/As Needed Vector Management Monthly/As Needed Tree Light Maintenance As Needed Promenade Paver Repair As Needed Sweep and remove trash from Alleys As Needed 18 11.A.c Packet Pg. 1702 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and City of Santa Monica Public Works Maintenance Service Matrix The following pages contain a matrix outlining the services in Downtown provided by the Promenade Maintenance team of the City of Santa Monica Public Works Department. It is the responsibility of DTSM, Inc. to ensure maintenance work meets or exceeds the minimum levels of service established on creation of the assessment district. Section - 3 rd Street Promenade: From the north side of Wilshire to the south side of Broadway Shifts: Effective 1 = 5:00am to 1:30pm. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week 3rd Street Promenade Maintenance: Service Description Frequency Shift Pedestrian Walkways: Sweeper Scrubber Pressure Washer Pre-treat stains and spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer Once daily, 7 days a week Once daily, 7 days a week Once daily, 5 days a week As needed 1 1 1 1 Monitoring Walk site, sweep & remove debris • Daily and as needed 1or2 Drinking Fountains (7) Spray & wipe • Daily and as needed 1or2 19 11.A.c Packet Pg. 1703 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Section - 3 rd Street Promenade, Promenade Maintenance, Cont’d. Service Description Frequency Trash Containers (40) Wipe top, remove trash, replace bag • Four times daily, Mon. – Thu. • Five times daily, Fri. – Sun. & Holidays Trash Container Liners (40) Steam clean/wipe down from the inside & deodorize • Weekly as needed Stainless Steel Bollards (27) Spray & wipe, steam clean • Once daily Directories (7) Spray & wipe • Once daily Sculptures (9) Spray & wipe • Once daily, as needed Graffiti Remove • As needed Dinosaur Pools (4) Remove debris • As needed Special Events Extra trash containers & general maintenance frequencies • As needed Spot Cleaning & Customer Calls Additional cleanings, graffiti, broken glass, animal waste, etc. • As needed Off Duty Emergency Call-outs Oil spills, electrical, water, accidents, etc. • As needed 20 11.A.c Packet Pg. 1704 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Section – 3 rd Street, Public Landscape: Service Description Frequency Shift Tree Trimming 3,790 sq. ft. (154) Regular • Once, yearly (spring)Mariposa Tree Well Maintenance 3,790 sq. ft. (154) Inspect for grate or decomposed granite displacement and/or debris & litter Clean debris, reset tree grates •Daily • As needed, based upon inspections Landcare Succulents & Topiaries (Dinosaur fountain planters) 2,000 sq. ft. Prune & shape topiaries Weed and detail succulent beds • Once every six weeks • Weekly, as needed Landcare Irrigation Inspection Check system and controller for proper settings • Weekly, as needed Landcare/ In House Fountain Maintenance Maintain fountains and provide cleaning service for the Topiary pools • Twice weekly California Waters 21 11.A.c Packet Pg. 1705 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Section - Parking Structures: Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week Parking Structures (Civic, Main Library and Ken Edwards) Promenade Maintenance: Service Description Frequency Shift Bin Rooms PS 1-6 Pressure wash, degrease, or scrub. Organize trash and recyclables. •Oncedaily,7daysa week •Once7daysaweek 1or2 Clarifiers: Structures 2-6 Clean out sludge Remove restaurant grease • Monthly • As needed, contracted (Facilities) Contractor Parking Structures, Public Landscape: Service Description Frequency Shift Planter Maintenance (ground level planters in Structure 1 only) 5,900 sq. ft. Pick up litter & debris Water plants Prune shrubs •Daily • Manually, as needed weekly • Every 6 weeks Landcare 22 11.A.c Packet Pg. 1706 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Section – Colorado Blvd., Arizona Avenue & Wilshire Boulevard: Sidewalks on both sides of streets from east side of Ocean Avenue to alley between 5 th and 6 th Streets. Ocean Ave east side, 2 nd and 4 th Streets both sides: Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue. Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week Colorado Blvd., Arizona Avenue & Wilshire Boulevard, 2 nd &4th Streets, Promenade Maintenance Service Description Frequency Shift Pedestrian Walkways: Sweeper Scrubber (South Side) Pressure Washer Pre-treat stains/spot pressure washing Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer •5xaweek • 3 x a week Once daily •4xaweek 1 1 1 1 Monitoring Walk site, sweep & remove debris • Daily, as needed 1&2 Bus Stop Steam clean • As needed 1&2 23 11.A.c Packet Pg. 1707 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Trash Containers (74) Wipe top, remove trash, replace bag • Twice daily, as needed 1&2 Trash Container Liners (74) Steam clean & deodorize • As needed 1or2 Section - Colorado Blvd., Arizona Avenue & Wilshire Boulevard and Ocean Ave., 2 nd & 4th Streets, Promenade Maintenance, Cont’d. Service Description Frequency Shift Tree Wells Rake out debris & weed out • As needed 1or2 Spot Cleaning & Customer Calls Additional cleanings, graffiti, broken glass, animal waste, etc. • As needed, 7 days a week 1&2 Off Duty Emergency Call-outs Oil spills, electrical, water, accidents, etc. • As needed 24 11.A.c Packet Pg. 1708 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Section - Public Landscape, 2ND &4th Street Service Description Frequency Shift Tree Trimming (182) Regular • Every 2 years West Coast Arborists Tree Well Maintenance (182) Backfill tree wells with decomposed granite • As needed 1 or 2 and PLD Arizona Ave. Service Description Frequency Shift Tree Trimming (46) Regular • Every 2 years West Coast Arborists Tree Well Maintenance (61) Backfill tree wells with decomposed granite • As needed 1&2 Wilshire Blvd. Service Description Frequency Shift Tree Trimming (66) Regular • Every 2 years West Coast Arborists 25 11.A.c Packet Pg. 1709 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Section - Transit Mall: Sidewalks on both sides of the streets: • Broadway east side of Ocean Avenue to alley between 5 th and 6 th Streets. • Santa Monica Boulevard from east side of Ocean Avenue to alley between 5 th and 6 th Streets. Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week Transit Mall, Promenade Maintenance: Service Description Frequency Shift Monitoring Walk site, sweep & remove debris •Daily 1&2 Benches (241) Spray & wipe, polish wood • Once daily, as needed 1or2 Drinking Fountains (3) Spray & wipe • Daily, as needed 1or2 Trash Containers (36) Wipe top, remove trash, replace bag • Four times daily 1&2 Trash Container Liners (36) Steam clean & deodorize • As needed 1 Bollards (40) Spray, wipe & polish •Oncedaily,5days a week 1or2 Informational Signs (6) Spray & wipe •Oncedaily,5days a week 1or2 26 11.A.c Packet Pg. 1710 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Arbors (6) Spray & wipe • Once daily, 5 days a week 1or2 Graffiti Monitor & Remove • As needed 1&2 Spot Cleaning & Customer Calls Additional cleanings, graffiti, broken glass, animal waste, etc. • As needed 1&2 Off Duty Emergency Call-outs Oil spills, electrical, water, accidents, etc. • As needed Section - Transit Mall, Public Landscape: Service Description Frequency Shift Tree Trimming (193) Regular • Every 2 years West Coast Arborists Tree Well Maintenance Inspect for grate displacement and/or debris & litter Clean debris, reset tree grates •Daily • As needed, based upon inspections Landcare / PLD Irrigation Inspections Check system and controller for proper settings • Weekly Landcare / PLD Monitoring Remove debris from tree wells •Daily Landcare 27 11.A.c Packet Pg. 1711 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Section – Colorado, Broadway, Santa Monica Blvd., Arizona Avenue & Wilshire Boulevard: Sidewalks on both sides of streets from east side of 5 th to the alley east of 7 th St. 5th,6th and 7 th Streets: Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue. Service Description Frequency Shift Pedestrian Walkways: Sweeper Scrubber Pressure Washer Pre-treat stains/ and spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer • Twice weekly • Once every three weeks • Once every three weeks • as needed 1 1 1 1 Monitoring Walk site, sweep & remove debris • As needed 1or2 Tree Well Maintenance Clean debris Remove and spray for weeds • Daily, as needed • As needed, based upon inspections 1 1 28 11.A.c Packet Pg. 1712 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Section - Alleys: ●1st Court: Between Ocean Avenue & 2 nd Street from north side of Wilshire Boulevard to south side of Colorado Avenue. ●Mall Court West: Between 2 nd Street and 3 rd Street from north side of Wilshire Boulevard to south side of Broadway. ●Mall Court East: Between 3 rd Street and 4 th Street from north side of Wilshire Boulevard to south side of Broadway. ●4th Court: Between 4 th and 5 th Streets from north side of Wilshire Boulevard to south side of Colorado Avenue. ●5th Court: Between 5 th Street and 6 th Street from north side of Wilshire Boulevard to south side of Colorado Avenue. ●6th Court: Between 6 th Street and 7 th Street from Colorado to Wilshire ●7th Court: Between 7 th Street and Lincoln Blvd. from Colorado to Wilshire Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week 2:00 p.m. to 10:30 p.m. Alleys, Promenade Maintenance: Service Description Frequency Shift Mall Court East & West Sweeper/ Mobile Vacuum / scrubber Picks up small debris, applies degreaser, scrubs pavement & recovers excess water • 5 days a week 1 Monitoring Walk site, sweep & remove debris •Daily 1&2 Spills Apply absorbent, pressure wash and scrub • As needed Spot Cleaning & Customer Calls Discarded furniture, appliances, spills, etc. • As needed 1&2 Graffiti Monitor & Remove • As needed 1&2 29 11.A.c Packet Pg. 1713 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Weed suppression Remove weeds • As needed, based upon inspections 1or2 Off Duty Emergency Call-outs Toxic spills, electrical, water, accidents, etc. • As needed 1&2 Section Six - Alleys, Promenade Maintenance, Cont’d. Service Description Frequency Shift 1stt ,4th,5th,6th &7th Courts: Mobile Vacuum Vacuums debris from large areas • 5 days a week 1 Monitoring Walk site, sweep debris • Once daily 1&2 • Spot Cleaning & Customer Calls Discarded furniture, appliances, spills, etc. • As needed 1&2 Graffiti Remove • As needed 1&2 Off Duty Emergency Call-outs Oil spills, electrical, water, accidents, etc. • As needed 1&2 Weed suppression Remove weeds • As needed, based upon inspections 1or2 30 11.A.c Packet Pg. 1714 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Section – Colorado Ave. Esplanade: From east side of 4 th St. to the east side of Ocean Ave Service Description Frequency Shift Pedestrian Walkways: Sweeper Sweeper / scrubber Pressure Washer Pre-treat stains and spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer •Oncedaily,7days a week •Oncedaily,7days a week •Oncedaily,5days a week (Mon., Tue., Thu., Fri., Sat.) • As needed 1 1 1 1 Monitoring Walk site, sweep & remove debris • Daily and as needed 1or2 Trash Containers Wipe top, remove trash, replace bag • 4 times daily • 1or2 Trash Container Liners Steam clean / wipe down from the inside & deodorize • As needed 1or2 Graffiti Remove •As needed 1or2 Landscape General Maintenance-using current maintenance specifications requirements Landcare 31 11.A.c Packet Pg. 1715 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Department of Transportation Downtown Parking Facility Maintenance Matrix Parking Division Fall 2022 (9/19/2022 Rev. 3) The Parking Division of the Department of Transportation conducts several related activities in support of Downtown Santa Monica Clean and Safe Initiatives. These operational efforts include: ●SP+ parking contract tasks related to cleanliness and monitoring of facilities ●City Staff inspection roles and management of resources applied to clean and safe activities ●Funding of interdepartmental efforts to provide for basic and enhanced security and cleanliness measures, ●Periodic evaluation of effectiveness of anti-littering, graffiti, and human soiling countermeasures to adapt to changing conditions, and ●Regular collaboration and meeting with DTSM and Public Works – Promenade Maintenance partners to solution more effective and joint cleanliness and safety countermeasures. The role of the parking contractor, SP Plus, Inc. in accomplishing basic clean and safe measures is significant and are done over three daily work shifts. The following tables describe specific tasks accomplished by SP+. SP Plus, Inc. – Working Shifts: Effective 7/1/2022 1 = 7:00 a.m. to 4:00 p.m. (Daily/ Office: Monday to Friday) 2 = 3:00 p.m. to 11:30 p.m. (Daily) 3 = 11:00 p.m. to 7:30 a.m. (Daily) M = 5:00 a.m. to 1:30 p.m. (Porters/ Maintenance Team: Monday to Friday) On succeeding pages are found the activities that SP Plus performs to assist with Clean and Safe Initiatives.Downtown Parking Structures 1, 2, 4, 5, 6, and 9: 9/23/2022 1 Department of Transportation Downtown Parking Facility Maintenance Matrix Parking Division Fall 2022 (9/19/2022 Rev. 3) 32 11.A.c Packet Pg. 1716 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Service Description Frequency Shift Public Elevators: Usability Inspection Preventive Maintenance Major Repairs Up-time Reports Daily inspection of all publicly accessible elevators OTIS conducts monthly inspections/ minor repairs As-needed safety, electronic, & mechanical repairs Administrative reporting of elevator availability • Once daily, 7 days a week • Monthly • Once daily, 5 days a week •By5th of each Month 1 1 1 1 Parking Structure Safety Measures (PS 1, 2, 4, 5, & 6) Service Description Frequency Shift Fire Alarm Testing Scheduling of routine testing functions, subcontracts with Allen Alarm and OTIS • Four times annually 1 Fire Alarm Repairs SP+ subcontracts with ADT and Redhawk to conduct on the spot repairs •Asneeded 1, 2, & M Public Restrooms – Plumbing Issues SP+ porters and subcontractors on-call to repair and replace stuck plumbing •Asneeded M Public Restrooms – fixture replacements SP+ porters replace broken sinks, urinals, toilets, mirrors, hand dryers, and doors • Inspection once daily, 7 days/week. • Fixture replacement as needed Mand1 PS 6 Emergency Generator Annual inspection and testing of emergency diesel/electric generator • Annual inspection by subcontractor M Lighting Inspect stairwell, lobby, and drive aisle lighting, replace damaged or failed bulbs • Inspect daily/ 7 days/week • Replace as needed in batches, weekly M 33 11.A.c Packet Pg. 1717 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Graffiti Countermeasures SP+ collaboration with DTSM/ PW-PM, performs final paint top coat • Inspection once daily, 7 days/week. • As needed final top-coat paint applied after PW or DTSM graffiti removal. 1&2 Homeless Sweeps Monitor and report encampments in parking facilities to SMPD. • Inspection once daily, 7 days/week. 1 Clarifiers/ Sanitary Sewer Inspections Inspect and clean out sumps, clarifiers, and sewers as Preventive Maintenance •PS1twiceperyear,PS2,4,& 5 restroom lines three times per year. M Storm Drain Cleaning Inspect and clean out storm drains in parking facilities •Asneededoratleastannually M Storm Drain Repairs Toxic spills, water accidents, pipe and catchment replacements • As-needed in collaboration with PW - Facilities Maintenance Division 1, 2 & M Safety and Guide Signing, Pavement Stencils, Flex Posts: PS 1, 2, 4, 5, 6, 9 & 10) Service Description Frequency Shift Safety Signage and Guidance Signage SP+ inspects daily and cleans or replaces damaged signs • Inspection once daily, 7 days/week. • Sign replacement as-needed in batch M Curb Painting, Pavement delineation Refresh curb paint and apply pavement stencils. • Refresh paint one parking structure per month, ongoing all year. M Plastic Flex Points, rubber-clad bollards Inspect and replace lane posts in structures and downtown surface lots • Inspect Weekly • Replace in batches bi-monthly M Mirrors Parking structure Exit mirrors at alleys and streets • Inspect once daily, 7 days/ week • Replace/ adjust weekly M Hand-rails, stair treads, barricades Inspection, light cleaning, repaint metal hand-rails or replace stair treads as needed • Inspect once daily, 7 days/week • Repaint weekly • Replace treads/flooring as needed M 34 11.A.c Packet Pg. 1718 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Pavement/ Concrete Repairs Inspect and monitor, arrange with subcontractor for minor repairs. Consult with Public Works -Arch/Engr divisions as necessary for extensive repairs • Inspect and report minor damage once daily, 7 days per week • Assign subcontractor to conduct minor repairs in batches every two months 1, 2 & M Lane striping, parking stalls, directional arrows Inspect and monitor wear of lane striping, parking stencils, arrows, and related pavement markings • Inspect weekly • Assign subcontractor to refresh pavement markings every two years • Conduct spot repainting as needed M Parking Structure Access and Revenue Control Systems (PARCS) Ken Edwards Center; Main Library; Civic Center, PS 1, 2, 4, 5, 6, 7, 8, 9 & 10 Service Description Frequency Shift Ticket and Pre-paid Scanning Kiosks and Pay-on-Foot Machines Inspect, replace stock, repair damaged customer interfaces, and conduct preventive maintenance. • Inspect once daily, 7 days/week • Replace ticket stock and money trays as needed, • Conduct repairs as needed 1&2 Entry & Exit Gate arms Inspect and replace as need, daily • Inspect safe and proper operation of gate arms • Replace as needed 1&2 Ken Edwards Center Parking Structure Inspect and monitor PARCS machines Inspect gate arms • Once daily, 7 days/week • Replace as needed 1or2 1or2 Main Library Parking Structure Inspect coin, cash, and credit card readers, change dispensers Inspect gate arms • Once daily, 7 days a week • Replace as needed 1&2 1&2 Civic Center Parking Structure Inspect coin, cash, and credit card readers, change dispensers Conduct incidental • Once daily, 7 days a week • Once daily, 5 days a week • Once daily, 5 days per week 1or2or3 Mor1 1, M 35 11.A.c Packet Pg. 1719 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and pan & broom clean up Inspect Lighting, fire alarms, elevators Cash and ticket pullers Inspect coin, cash, and credit card readers, change dispensers • Once daily, 7 days/week • Replace/ repair as needed 1or2or3 Customer Interface, Communication equipment Inspect voice, speaker, and pin-hole camera communication system • Once daily, 7 days/week 1 -End- 36 11.A.c Packet Pg. 1720 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and -iv- Exhibit C: Insurance Requirements and Verification DTSM Insurance Requirements DTSM shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by DTSM, its agents, representatives, employees or sub-contractors. Minimum Scope and Limits of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $10,000,000 per occurrence. 2. Automobile Liability:Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if DTSM has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $2,000,000 per accident for bodily injury and property damage. 3.Property Insurance: Insurance covering all personal property stored on the premises. The policy shall be written on an “all risks” basis (excluding earthquake) and insure the personal property at full replacement cost. 4. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1). 5. Commercial Crime Policy: Insurance that covers employee theft, forgery or alteration, and robbery with limits of no less than $500,000 per occurrence. 6.Non-Profit Directors and Officers Liability:1,000,000 per occurrence, $1,000,000 aggregate. If DTSM maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by DTSM. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica. Other Insurance Provisions 1. The insurance policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of DTSM including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the DTSM’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). 11.A.c Packet Pg. 1721 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and -v- b. Primary Coverage: For any claims related to this Agreement, DTSM’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the DTSM’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica. d. Waiver of Subrogation: DTSM hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said DTSM may acquire against the City of Santa Monica by virtue of payment of any loss. DTSM agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the DTSM, its employees, agents and sub- contractors. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the DTSM to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica. Verification of Coverage DTSM shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive DTSM’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time. Failure to Maintain Insurance Coverage If DTSM, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from DTSM resulting from said breach. Footnotes 11.A.c Packet Pg. 1722 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and -vi- # 1: Workers’ Compensation insurance coverage is not required if the DTSM does not have employees. DTSM must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form. Third Party Insurance Requirements DTSM shall require and verify that every subcontractor or agreement of any kind entered into between DTSM and a third party (or between any DTSM subcontractor and others) procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the third party, its agents, representatives, employees, or subcontractors. Minimum Scope and Limits of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $8,000,000 per occurrence for subcontractors providing security services and limits of no less than $2,000,000 per occurrence for all other subcontractors. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2 Automobile Liability:Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Subcontractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage. 2. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1). 3.Professional Liability (Errors and Omissions): Insurance appropriates to the Subcontractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate, if applicable. If the Subcontractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Subcontractor including materials, parts, or equipment furnished in connection with such work or operations. CGL 11.A.c Packet Pg. 1723 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and -vii- coverage can be provided in the form of an endorsement to the Subcontractor’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Subcontractor’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Subcontractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica. d. Waiver of Subrogation: Subcontractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Subcontractor may acquire against the City of Santa Monica by virtue of payment of any loss. Subcontractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Subcontractor, its employees, agents and contractors. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Subcontractor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the name insured or the City of Santa Monica. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica. Verification of Coverage Subcontractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Subcontractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time. Failure to Maintain Insurance Coverage If Subcontractor, for any reason, fails to maintain insurance coverage which is required pursuant to this 11.A.c Packet Pg. 1724 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and - viii - Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Subcontractor resulting from said breach. Footnotes # 1: Workers’ Compensation insurance coverage is not required if the Contractor does not have employees. The Contractor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form. 11.A.c Packet Pg. 1725 Attachment: DTSM Master Services Agreement - Final 2023 Draft with Exhibits (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and 11.A.d Packet Pg. 1726 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1727 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1728 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1729 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1730 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1731 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1732 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1733 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1734 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1735 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1736 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1737 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1738 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11.A.d Packet Pg. 1739 Attachment: Third Street Promenade Amenities License Agreement (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) City Council Report City Council Meeting: August 28, 2018 Agenda Item: 3.H 1 of 5 To: Mayor and City Council From: Andy Agle, Director, Housing and Economic Development, Economic Development Division Subject: Parking Structure 2 License Agreement with Downtown Santa Monica, Inc. (DTSM) Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a license agreement with Downtown Santa Monica, Inc. (DTSM), a California- based not-for-profit corporation, for the use of the rooftop deck of City-owned Parking Structure 2, located at 1235 2nd Street, as an outdoor cinema. The proposed license agreement would have a five-year term with one, five-year renewal option. Executive Summary Since the rebirth of Santa Monica’s Downtown (Downtown) in the late 1980s, entertainment has played a key role in its vitality, along with shopping, dining, community services, and vibrant sidewalks. However, Downtown has experienced a decline in movie attendance due to cinema industry changes as well as reduced in-store shopping due to the growth of on-line shopping over the last decade. As a result, the City has worked with Downtown Santa Monica, Inc. (DTSM) to add to the diversity of activities that draw the community to, and support the vitality of, Downtown. Outdoor cinemas have grown in popularity as a compelling, cultural, evening activity that can enhance economic vitality and activate underutilized spaces. To solicit interest from outdoor cinema operators, DTSM is requesting a license agreement to use the rooftop deck of Parking Structure 2 (PS 2) for the installation and operation of a rooftop cinema that would expand entertainment and activity opportunities Downtown. The term of the proposed license agreement would be for five years, with one, five-year renewal option, for a total license term of up to ten years, with fifty-percent revenue sharing between the City and DTSM. 11.A.e Packet Pg. 1740 Attachment: Rooftop Cinema Staff Report (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 2 of 5 Discussion In the late 1980’s, the City recognized that a key element to revitalizing the Third Street Promenade (Promenade) and Downtown was entertainment activities to serve as an attraction for community members, while also supporting local restaurants and shops. The Zoning Ordinance was amended to encourage cinemas, a key entertainment activity, to locate in the Downtown area by restricting new cinema development outside Downtown. The strategy was successful in attracting new cinemas, and the cinemas played a key role in Downtown’s revitalization and evolution as a retail, dining, and entertainment destination. Locating an outdoor cinema on the roof of PS 2 provides an opportunity to take full advantage of Santa Monica’s exceptional weather and beautiful views while stimulating activity towards the struggling north end of the Promenade. An outdoor cinema also supports the goals of the Downtown Community Plan, which encourages multiple types of cinema uses with a broad range of appeal and provides policies to support economic success by diversifying entertainment and cultural attractions. DTSM, a 501(c) (3) non-profit organization, is seeking a license agreement from the City so that they can issue a Request for Proposals (RFP) to solicit interest from qualified and experienced vendors to operate an outdoor cinema on the rooftop deck of PS 2 (See Exhibit A). The management of the rooftop cinema is consistent with DTSM’s roles and responsibilities to support economic stability, growth, and community life in Downtown. DTSM has several similar license agreements with the City, including operating a popular seasonal ice rink, displaying public art, activating public rights-of- way with outdoor dining facilities, and providing pedestrian-oriented services and amenities along the Promenade. Staff recommends that fifty percent of any base rent and participation payments from the cinema operator to DTSM be shared with the City. The equal sharing of income is intended to recognize that DTSM would take responsibility for soliciting proposals, negotiating and managing a lease agreement, and supporting the operator, while the City would make a parking structure rooftop available for the activity. While a rent forecast is extremely speculative at this early stage, similar venues are able to pay rents of $100,000 per year or more. 11.A.e Packet Pg. 1741 Attachment: Rooftop Cinema Staff Report (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 3 of 5 Based on an analysis of parking occupancies in PS 2 and adjacent City-owned parking facilities, staff does not anticipate a disruption to Downtown core parking availability or a net revenue loss to City parking revenues. The monthly peak occupancy in PS 2 in FY 2017-18 ranged from 65 percent to 85 percent. The 85 percent peak occupancy occurred for a limited period during the annual Genesis Open Golf Tournament in February 2018. Based on occupancy data, staff anticipates that a reduction from 645 to 566 total available spaces would result in the following:  projected monthly peak occupancies ranging from 69 percent to 90 percent in FY 2019-20, and  while occupancies could increase during peak hours of the operational months (April to October) due to the popularity of the proposed attraction, it would not result in a reduction in City parking revenues. In an effort to ensure sufficient parking availability at no more than 85 percent occupied at all times, staff would leverage data analytics and make necessary operational adjustments to redirect parkers, if necessary, to other Downtown City-owned parking facilities based on real-time parking availability. General License Agreement Terms The outdoor cinema on the rooftop deck of PS 2 (as conceptually rendered in Exhibit B) could accommodate two screens on each side of the ramped deck to create a stadium seating condition that could have up to 225 seats per screen for nightly screenings, Tuesday through Saturday, plus occasional special events. The cinema would be open from approximately April through October and would provide individual wireless headphones for movie audio, and lounge chairs and blankets to make the experience comfortable. All costs to implement the outdoor cinema operation including permits, studies, utilities, fire-life safety and other required infrastructure improvements would be paid by DTSM through the sublicensee. The City would not bear any costs or responsibilities for the entitlement, permitting, installation, or operation of the outdoor cinema operation. Requirements associated with the outdoor cinema entail creating and marketing the screening schedule, producing a food and beverage program, and developing a community engagement program that would involve the arts, special events, and promotions. A joint panel of DTSM and City staff would be responsible for evaluating the cinema proposals before the cinema operator could be selected. 11.A.e Packet Pg. 1742 Attachment: Rooftop Cinema Staff Report (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 4 of 5 City staff would have approval rights of the sublicensee and the sublicense agreement, including administrative discretion to modify the license agreement to respond to the specific requirements associated with the unique use and the selected operator. The proposed terms of the license agreement are as follows:  The license area would utilize the rooftop of PS 2 (approximately 30,000 square feet and 79 parking spaces).  A five-year term with one, five-year renewal option for a total license term of up to 10 years, with a profit-sharing license fee formula.  The City would receive fifty percent of any revenue DTSM receives.  DTSM would provide annual revenue and expense reports to the City.  Tentative hours for the license area would be daily from approximately 6 PM to midnight, with an ability to adjust the hours based on seasonality and program activity.  Rules and regulations may be developed, posted, and enforced by the City, DTSM, or the cinema operator.  Access to the license area would be ticketed. DTSM and the cinema operator would be responsible for ensuring adequate staffing to monitor the license area.  DTSM and any sub-licensee or subcontracted vendors would be required to agree to defense and indemnity provisions; maintain and provide adequate insurance coverage; and comply with all rules, regulations, and laws.  All improvements or installations within the license area would be coordinated in advance with Public Works, Planning, Fire, and Building and Safety to ensure adherence to administrative policies and municipal code requirements. 11.A.e Packet Pg. 1743 Attachment: Rooftop Cinema Staff Report (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 5 of 5  At the termination of the license agreement, DTSM would be responsible for the removal of any improvements installed and any repairs required to the license area and PS 2 as a result of the installation of the improvements.  Commencement of the services is estimated to occur in spring 2020, following execution of the license agreement and approval of any necessary entitlements and permits.  The City would continue to provide the same level of routine maintenance services and repairs for the licensed area. Financial Impacts and Budget Actions The proposed license agreement with DTSM for use of the roof-deck of the City-owned PS 2 located at 1235 2nd Street would generate annual revenues to the City based on the lease terms associated with the selected outdoor cinema operator. Revenue budget would be included with the FY 2019-21 Biennial Budget. Prepared By: Kriss Casanova, Senior Development Analyst Approved Forwarded to Council Attachments: A. License Area Map B. Concept Plan of Outdoor Cinema on PS 2 Roof-Deck C. DTSM Oaks Initiative Disclosure Form D. Written Comments 11.A.e Packet Pg. 1744 Attachment: Rooftop Cinema Staff Report (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) City Council Report City Council Meeting: April 24, 2018 Agenda Item: 3.G 1 of 7 To: Mayor and City Council From: Andy Agle, Director, Housing and Economic Development, Economic Development Division Subject: Pilot-Program License Agreement with Downtown Santa Monica, Inc. for the Third Street Promenade to provide public-serving programs and amenities Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a pilot-program license agreement with Downtown Santa Monica, Inc. for the Third Street Promenade to provide public-serving programs and amenities for an initial term of one year with four, one-year renewal options with no license fee. Executive Summary Changing consumer preferences and increased competition in the retail environment are impacting the iconic Third Street Promenade (Promenade) in Downtown Santa Monica, as reflected by increased store vacancies and the closing of many retail operations, including the Barnes & Noble store, which was an anchor on the north end of the Promenade. To promote community, encourage public visitation and use, and help ensure that the Promenade (including in particular its northernmost block) remains vibrant, inviting, and safe, staff recommends that the City enter into a pilot -program license agreement with Downtown Santa Monica, Inc. (DTSM) to provide public-serving programs and amenities on the Promenade, with a focus on its 1200 block between Arizona Avenue and Wilshire Boulevard. The duration of the pilot -program license agreement would be for an initial term of one year with up to four one-year renewal options on the same terms and conditions, for a total license term of up to five years, without a license fee. Background The Third Street Promenade’s public spaces have become important community gathering places and a significant contributor to the success of the Promenade and 11.A.f Packet Pg. 1745 Attachment: Third Street Promenade Amenities License Agreement Staff Report (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and 2 of 7 Santa Monica’s Downtown. In 1989, the City and downtown property owners had the foresight to invest in creating enhanced public spaces, which included the renovation of the public right-of-way and the addition of a variety of streetscape elements. Residents and visitors have been drawn to the Promenade’s unique urban setting, which features street performers, restaurants and outdoor dining, specialty merchandise, entertainment venues, flexible plazas, welcoming ambassadors, and enhanced maintenance services. The bustling, colorful scene along the Promenade provides a safe place for community gathering that encourages repeat visitation and supports a healthy mix of retail, restaurant, and entertainment uses. Research and experience in Santa Monica and nationally demonstrate the value of “placemaking” to promote community gathering spaces that are shared and welcoming, and that as a result are also safer. The most northern of the three blocks, the 1200 block of the Promenade located between Arizona Avenue and Wilshire Boulevard, has traditionally not generated the same level of visitation and pedestrian activity as the Promenade’s other two blocks for a variety of reasons, including its distance from the Santa Monica Pier, Santa Monica Place, and key transportation access points such as the I -10 Freeway and more recently, the Expo light-rail terminus. Additionally, the Barnes & Noble bookstore at the southeast corner of Third Street and Wilshire Boulevard, which served a s an anchor for the 1200 block of the Promenade for over 20 years, closed in January 2018, citing the need to downsize their store space and seek a more affordable location. Given the recent trends in retail and increasing competition from online retailers, the closing was unfortunate for downtown, though not unexpected. Other retail closings have occurred throughout the Promenade, and these, coupled with a growing movement towards e - commerce, have contributed to decreased visitation and pedestrian activit y in the Promenade as a whole. DTSM has prioritized business retention and recruitment to address changing consumer preferences and the continued competition of online sales. DTSM’s Board of Directors created the Promenade Tenancy Committee in 2017 for the purpose of vetting proposed programs, strategies, and tactics designed to support downtown’s retail, restaurant, entertainment, and other active uses. DTSM has also identified the need to 11.A.f Packet Pg. 1746 Attachment: Third Street Promenade Amenities License Agreement Staff Report (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and 3 of 7 expand the level of public-serving amenities to increase visitation and pedestrian activity and attract patrons to support the area’s businesses. As Promenade businesses compete with internet commerce, as well as other retail destinations like The Grove and the newly renovated Westfield Century City, DTSM has sought to differentiate Downtown Santa Monica and the Promenade. One element of differentiation is creating interactive, people-focused experiences that are not available elsewhere, and which buttress the Promenade’s identification by the public as a safe and enter taining community gathering space. DTSM has enhanced the Promenade’s public spaces by creating engaging activities and installations, such as the Picnic on the Promenade summer activities and December’s holiday pop-up art installation. The City has a history of sensitivity to concerns about privatizing public space. While traditional malls and newer “lifestyle centers” like the Grove exert private property rights over their circulation and gathering spaces, historic commercial areas in revitalized urban areas are genuinely public spaces. Working in partnership with a non-profit, stakeholder-based organization like DTSM offers an opportunity to animate and manage public spaces while ensuring public access and, indeed, increasing their attractiveness as community gathering spaces. DTSM has been granted other licenses to activate the City’s public spaces such as the very successful ice rink at 5th Street and Arizona Avenue. DTSM has also entered into pilot -program license agreements to provide public-serving amenities along Ocean Avenue near Tongva Park and public art installations at Triangle Square adjacent to the Colorado Esplanade. The Ocean Avenue activation is being permitted and is expected to begin by early summer. The downtown public art installation programming, in partnership with Community and Cultural Services, is planned to continue through Labor Day 2018. The City also entered into a pilot program to establish DTSM ambassador services in Tongva and Palisades Parks to provide hospitality services, assist with monitoring and maintenance of the spaces, and address quality of life issues. The initial success of these programs have created a positive impact on visitors’ perception of safety and cleanliness, and demonstrated the value of “placemaking” to promote shared, 11.A.f Packet Pg. 1747 Attachment: Third Street Promenade Amenities License Agreement Staff Report (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and 4 of 7 welcoming environments, which in turn enhances safety and helps to create more vibrant public spaces. Discussion With the continued growth of online shopping, customers who have traditionally been lured by brand names and new products are seeking more of an "experience" in a commercial district, rather than simply a place to shop. In an effort to keep the Promenade competitive and fresh in the public’s perception, to continue to offer a unique and attractive public community experience to both residents and visitors in one of the City’s key public spaces, and to help sustain one of the City’s economic engines, DTSM proposes to activate the Promenade (particularly its 1200 block) by offering public-serving amenities and other interactive experiences that enhance the sense of place and engage the community. The City has initiated the process of developing a strategy to sustain Santa Monica’s vibrant economy as technology and globalism rapidly change the way we live and work. One possible focus of the strategy is to address how e-commerce is impacting the retail environment. Even though the full extent of the impact to the retail environment is unknown at this time, studies and experiential efforts have shown that consumers are increasingly adopting the convenience of online shopping while seeking personal experiences such as dining or interactive retail experiences. To curate a great downtown environment and to continue to support a vibrant public space for community engagement, there is a growing need to provide an engaging environment that heightens the public’s experience. Based on DTSM’s experience and success with programming activities and events, staff recommends entering into a pilot-program license agreement with DTSM to assist with increasing pedestrian experiences on the Promenade, with a focus on its north block. The proposed pilot-program license agreement would allow DTSM to provide pedestrian-oriented services and amenities within the Promenade, with a focus on the approximately 4,800-square-foot public plaza of the 1200 block of the Promenade, exclusive of any existing outdoor-dining license areas. Activation of the area with pedestrian-oriented amenities, experiential activities, and event programming is intended to help create connections between the north and south ends of the 11.A.f Packet Pg. 1748 Attachment: Third Street Promenade Amenities License Agreement Staff Report (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and 5 of 7 Promenade, increase overall public visitation (including in particular increased pedestrian activity at the north end of the Promenade), develop a greater sense of place, and build community. The goals and objectives align with the guiding principles of the Downtown Community Plan. The terms of the license agreement are recommended to allow DTSM to program the Promenade daily from approximately 7 AM until 10 PM. DTSM staff and ambassadors would be allowed to set up the following, all of which would be available to the public for use:  Tables, chairs, umbrellas, and other moveable furniture  Games and interactive displays such as pianos and ping-pong tables  Dog treats and water bowls  Audio system and staging (for use by musicians, DJs, and performers who have obtained required permits, with scheduling as necessary by DTSM)  Additional trashcans and recycle bins The terms of the recommended license agreement would also permit DTSM, during the same hours and in the same space, to have ambassadors or staff available to assist public use of the provided amenities. DTSM would also be allowed to post signage, bearing both DTSM’s and the City’s logos, promoting the Promenade as a public gathering space. As part of the pilot program, staff recommends that DTSM be provided with the flexibility and creativity to adjust the types of programs and uses within the license area that are most impactful to enhancing the public’s experience and attracting increased public visitation. In turn, DTSM would provide regular reports to the City detailing the success of various programs and uses in increasing foot traffic and community engagement. DTSM would also study the use of temporary seating by observing the way people interact with moveable furniture. Staff seeks administrative discretion to modify the scope of DTSM services within the license agreement to respond to the success of 11.A.f Packet Pg. 1749 Attachment: Third Street Promenade Amenities License Agreement Staff Report (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and 6 of 7 programs and uses in enhancing community engagement and promoting a unique downtown public environment. DTSM will also continue to obtain event permits pursuant to the generally applicable events permitting process to provide additional public community engagement activities, at times co-sponsored by local businesses. As DTSM learns the relative success of various programs, DTSM may seek to enter into a memorandum of understanding (MOU) with the City to present additional events outside of that process to further the City’s goals. Staff anticipates presenting any such MOU to the Council for approval. General License Agreement Terms The proposed terms of the license agreement are as follows:  A one-year term with up to four one-year renewal options for a total license term of up to five years, without a license fee.  Either party may terminate the license agreement with 30 days’ notice.  Tentative hours for the license area would be daily from approximately 7 AM to 10 PM, with an ability to adjust the hours based on seasonality and program activity.  Rules and regulations may be developed, posted, and enforced by the City.  DTSM would be responsible for providing adequate staffing to ensure consistent monitoring within the license area while maintaining public access.  DTSM would ensure that any sub-licensee or subcontracted vendors maintain and provide adequate insurance coverage and comply with all rules, regulations, and laws, while maintaining public access.  DTSM would be responsible for providing, maintaining, and securing any tables, chairs, or other furniture or improvements installed within the license area.  At the termination of the license agreement, DTSM would be responsible for the removal of any improvements installed and any repairs required to the license areas as a result of the installation of improvements. 11.A.f Packet Pg. 1750 Attachment: Third Street Promenade Amenities License Agreement Staff Report (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and 7 of 7  All improvements or installations within the license area would be coordinated in advance with Public Works, Planning, and Building and Safety to ensure adherence with administrative policies and municipal code requirements.  Commencement of the services is estimated to occur in early summer 2018, following execution of the license agreement.  The City would continue to provide the same level of routine maintenance services and repairs for the licensed right-of-way area. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Kriss Casanova, Senior Development Analyst Approved Forwarded to Council 11.A.f Packet Pg. 1751 Attachment: Third Street Promenade Amenities License Agreement Staff Report (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and 1 Conscious Night Market 2022 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN CITY OF SANTA MONICA AND DOWNTOWN SANTA MONICA, INC. FOR COMMUNITY EVENTS AT LOT 27 This Memorandum of Understanding (“MOU” or "Agreement"), dated ____________ (“Ef- fective Date”), is entered into by and between the City of Santa Monica (“City”), a municipal corporation and charter city, and Downtown Santa Monica, Inc. (“DTSM”), a California non- profit corporation, is made with reference to the following: RECITALS A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. DTSM is a nonprofit mutual benefit corporation, duly organized, validly existing and in good standing under the Nonprofit Mutual Benefit Corporation Law of the State of Cali- fornia. C. DTSM was formed to promote business and commerce within the Downtown Santa Mon- ica Business District. D. Under the Amended and Restated Services Agreement Number 9063 (CCS) between the City and DTSM, as amended from time to time, including most recently the May 15, 2019 Fourth Amendment, (the “Services Agreement”), DTSM is responsible for promot- ing and continued economic revitalization of the Downtown business district as well as providing programs, projects and services that benefit Santa Monica residents, Downtown merchants, property owners, customers and visitors. E. DTSM desires to produce and manage the 626 Night Market starting on February 26, 2022 (“Event”) as a re-occurring event to be held the second and fourth weekends of each month for the remainder of 2022 on the City-owned Parking Lot located at 1325 5th Street in Santa Monica, CA 90401 (“Lot 27”) - see Exhibit A. From time to time, DTSM also seeks to produce and manage other community events on Lot 27. F. The activation of Lot 27 for community events is consistent with DTSM’s roles and re- sponsibilities under the Services Agreement. G. On September 28, 2021, the City Council of the City of Santa Monica authorized City to negotiate fees and enter into an Agreement with DTSM to allow for the expanded use of programming of Lot 27 for community-serving events and activations. H. The City will have no obligation to fund any aspects of the Event contemplated by this MOU. I. City and DTSM desire to enter into this Agreement to allow DTSM to operate the Event and to set forth DTSM’s responsibilities in producing and managing the Event on Lot 27. Now, therefore, it is mutually agreed by and between the undersigned parties as follows: ARTICLE 1 - TERMS AND CONDITIONS DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F 2/28/2022 11.A.g Packet Pg. 1752 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 2 Conscious Night Market 2022 1. Term: The initial term of this MOU shall commence upon the Effective Date and shall terminate on December 31, 2022. Subject to each Party’s right of termination in accord- ance with Article 3, below, the Parties may extend the term of this MOU in a writing signed by all Parties for up to one additional year period. 2. Frequency of the Event. The Event is anticipated to be held every other weekend and shall not exceed six (6) days per month including set-up and break-down. Other commu- nity events may also be held on Lot 27 under this maximum of six (6) days total per month. 3. Duration of the Event. All food-focused events, including the Night Market, shall consist of no more than a two-day activation, including set up and strike, at any given time. Other types of community events may consist of up to a four-day activation, including set up and strike, at any given time. ARTICLE 2 – REPSPONSIBILITIES OF THE PARTIES 1. DTSM Responsibilities. Subject to DTSM’s obligations under the Services Agreement, DTSM’s responsibilities for the Event include: 1.1 Obtaining any permits required by City, County, State and Federal agencies with re- gards to the event. (Note: A community event permit will not be required for DTSM event held on Lot 27). 1.2 Meeting all terms and conditions of this MOU and any other permits that may be re- quired for the Event. 1.3 Coordinating outreach strategy and marketing materials to promote the Event. 1.4 Coordinating with City staff to develop, plan, and manage the Event, including but not limited to: 1.4.1. Coordinating and hosting site walks with the Santa Monica Fire Department and Santa Monica Police Department to address any concerns the departments may have regarding the use of Lot 27 for the Event. 1.4.2. Providing neighbor notification of the Event by emailing and hand delivering event notices to neighbors within the 500 feet of the Event area. In addition, preparing a communication flyer for the local community, including nearby churches, show- ing where other parking is available. A copy of the flyer should be shared with SP+ Team to help address any calls received by the community. 1.4.3. Coordinating with the Santa Monica Farmers Market staff to provide advance no- tice of event dates and assist with finding alternative Farmers Market vendor parking locations. 1.4.4. Coordination with the City of Santa Monica Parking Team and SP+ to facilitate the closure of Lot 27 for the Events, providing a minimum of 10 days advance notice emailed to Parking@santamonica.gov., to allow for closure preparations. DTSM staff to DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F 11.A.g Packet Pg. 1753 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 3 Conscious Night Market 2022 print and install the parking lot closure signs at Lot 27 at least one (1) week in advance of each Event. 1.4.5. Providing, at DTSM’s sole cost and expense, custodial services for Lot 27 and the immediately adjacent areas (Arizona Avenue, 5th Street), including increased trash pickup during and immediately after the activations. Food waste must be promptly re- moved from the site. Pressure washing and degreasing may also be required, as neces- sary to ensure that the Event site and its surroundings are clean following the Event; and 1.4.6. Collecting and neatly arrange any barricades provided by SP+, and setting them aside to help SP+ gather and store the barricades, by the next morning. 1.4.7. Ensuring all other barricades, equipment including port-a-potties by cleared from Lot 27 no later than 7 am the following day, post event. 1.4.6. Designating a DTSM point of contact to address any issues related to the Event from set up to take down and removing the equipment that was installed for the Event, if any. 1.4.7. Providing a daily site rental fee of $1,000 per day to the City of Santa Monica Parking Operations to compensate for lost parking revenue. 1.4.8. Scheduling a post-Event coordination meeting to evaluate the Event and logistics with City staff. 1.4.9 Requiring each participant in the Event (“Event Participant”) to indemnify the City and DTSM as provided in Article 4. 2. City Responsibilities. City’s responsibilities for the Event include: 2.1 Permitting DTSM use of Lot 27 for the 626 Night Market between the hours of 6:00am and 2:00 a.m. starting on February 22, 2022 through December 31, 2022, on the dates identified in Exhibit A, or as subsequently agreed to the parties in writing, for the purpose of setting up, holding, and striking the reoccuring Event and other re- lated community events. 2.2 Authorizing the City’s contractor (e.g. SP+) to set up the reservation and closure of Lot 27 the evening before the activations, and collecting the City’s barricades by the next morning after the Event. 2.3 Meeting with DTSM staff for a post-Event coordination meeting to evaluate the Event and future Lot 27 programming opportunities. 2.4 Providing invoice(s) for the daily rental fee. 3. Use of Lot 27. DTSM will be solely responsible for all activities related to DTSM’s use of Lot 27 for the Event during the term of this MOU, including, without limitation, all activ- ities of DTSM, its operators, volunteers, employees, vendors, and subcontractors. DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F 11.A.g Packet Pg. 1754 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 4 Conscious Night Market 2022 ARTICLE 3 – TERMINATION 1. Termination. If DTSM fails or refuses to perform any of the provisions of this MOU, and if the default is not cured within a period of five days after written notice of default speci- fying the nature of the default, the City may immediately terminate this MOU by written notice. Notwithstanding the foregoing, either party may terminate this MOU by giving ten days’ written notice. ARTICLE 4 - INDEMNIFICATION AND INSURANCE 1. Defense, Indemnification, Hold Harmless. DTSM agrees to defend, indemnify, protect, and hold harmless the City, the City Council, agents, officers, boards and commissions, employees, and volunteers (collectively, "City Indemnitees") from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney's fees, or payments for injury to any person or property (collectively, "Losses") to the extent aris- ing from the negligence or willful misconduct of DTSM, or DTSM’s officers, agents, em- ployees, subcontractors, volunteers, agents, or representatives arising from or in any man- ner connected to: (i) the Event; (ii) use of Lot 27 for the Event; (iii) DTSM’s performance of its responsibilities, activities, or work conducted pursuant to this MOU; or (iv) claims by any persons or entities providing services, materials, tools, equipment or supplies in connection with DTSM’s responsibilities under this MOU. DTSM's responsibilities under this section include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of any of the City Indemnitees, which may be in combination with the acts or omissions of DTSM, its employees, agents or officers, or subconsultants; provided, however, that DTSM's duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City Indemnitees. Notwithstanding DTSM's obligation to de- fend the City Indemnitees hereunder, City has the right to conduct the defense and seek reimbursement for reasonable costs of defense from DTSM, if City chooses to do so. 2. Enforcement Costs. DTSM agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in section 1 of Article 4. 3. Insurance. DTSM must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit “B”, Insurance Requirements and Verifications. 4. Indemnification by Event Participants. DTSM will require all Event Participants to agree to indemnify and save City, its City Council, its boards and commissions, its agents, repre- sentatives, and employees, DTSM and DTSM’s respective officers, directors, agents, em- ployees, and affiliates harmless from, and defend them against, all liabilities, losses and claims, and reimburse them for all expenses they incur (including the costs of litigation and reasonable attorneys’ fees) on account of personal injury or death to persons and dam- age to property which occurs to the extent caused, or alleged to be caused, by the miscon- duct or wrongful or negligent act or omission of such Event Participant, or employees or agents of such Event Participant, arising from or related to the Event, or from Event Par- ticipant’s property. Each Event Participant shall pay for and defend any and all suits or actions threatened or instituted against DTSM or City, its City Council, its boards and DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F 11.A.g Packet Pg. 1755 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 5 Conscious Night Market 2022 commissions, its agents, representatives, and employees, and shall pay all reasonable attor- neys’ fees, litigation costs and all other expenses in connection therewith, and shall promptly discharge any judgements arising therefrom. Such provisions shall expressly sur- vive the expiration of any contracts in which they are contained. ARTICLE 5 - NOTICE 1. Notices. All notices, demands, requests or approvals to be given under this MOU, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows: All notices, demands, requests or approvals to the City: City of Santa Monica Economic Development 1685 Main Street, Mail Stop #12 Santa Monica, CA 90401 Attention: Economic Development Manager, email: econdev@santamonica.gov with copies to: Santa Monica City Attorney's Office 1685 Main Street, Third Floor Santa Monica, California 90401 Attention: City Attorney All notices, demands, requests or approvals to DTSM shall be sent to: Downtown Santa Monica, Inc. 1351 Third Street Promenade, Suite 201 Santa Monica, CA 90401 Attention: Mackenzie Carter, Acting CEO ARTICLE 6 – MISCELLANEOUS PROVISIONS 1. Effective Date and Modification. This MOU is effective upon the date of execution by the Parties. This MOU shall not be modified except by written instrument executed by the Parties at the time of modification and approved as to form by the City Attorney. Such modifications shall be effective upon the date of full execution. 2. Governing Law. The interpretation, validity, and enforcement of this MOU shall be gov- erned by and interpreted in accordance with the laws of the State of California. Any ac- tion, cause of action, lawsuit, claim, or legal proceeding of any kind related to or arising under this MOU shall be filed and heard in a court of competent jurisdiction in the County of Los Angeles. 3. Waiver of Authority. Nothing herein shall be interpreted as waiving or ceding the police power or governing authority of the City. DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F 11.A.g Packet Pg. 1756 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 6 Conscious Night Market 2022 4. Relationship of Parties. The Parties shall remain at all times as to each other, wholly inde- pendent entities. No Party shall have the authority to incur any debt, obligation, or liabil- ity on behalf of another Party unless expressly provided by written agreement of the Par- ties. No employee, agent, or officer of a Party shall be deemed for any purpose whatsoever to be an agent, employee or officer of another Party. 5. Jointly Drafted. Each Party acknowledges that it was represented by its legal counsel dur- ing the negotiation and execution of this MOU, and that it has had a full and fair oppor- tunity to review and revise the terms of this MOU. Each Party further agrees that this MOU has been jointly drafted, and that no term contained herein shall be construed against or in favor of another Party. 6. Severability. If one or more of the provisions contained in this MOU are invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any manner. 7. No Waiver. No failure by any party to this MOU to insist on the strict performance of any obligation of the other party under this MOU, or to exercise any right, power, or rem- edy arising out of a breach hereof, shall constitute a waiver of such breach or of either par- ty's right to demand strict compliance with any terms of this MOU. No acts or omissions by either party to this MOU, or any agents of either party to this MOU, shall waive any or all of either party's rights under this MOU. 8. Complete MOU. This MOU represents the complete understandings and agreement of the parties and no prior oral or written understandings are in force and effect. 9. Headings. The headings in this MOU are for reference and convenience of the parties and do not represent substantive provisions of this MOU. 10. Counterpart Execution. This MOU may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be con- strued together and shall constitute a single modification. Any signature to this MOU transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature). may be executed in counterparts and each executed counterpart shall be effective as the original. 11. No Third Party Beneficiaries. This MOU is not intended, and will not be construed, to confer a benefit or create any right on a third party or the power or right to bring an ac- tion to enforce any of its terms. 12. Independent Parties. Both parties to this MOU will be acting in an independent capacity and not as agents, employees, partners, or joint ventures of one another. Under no cir- cumstances shall DTSM’s employees, subcontractors, volunteers, agents, or representatives look to City as his/her/its employer, or as a partner, agent, or principal. DTSM and DTSM’s employees, subcontractors, volunteers, agents, or representatives shall not be enti- tled to any City paid benefits accorded to City employees including workers’ compensa- tion, disability insurance, vacation or sick pay. 13. Compliance with Law. Both parties shall comply with all local, state, and federal laws, in- cluding any County of Los Angeles Department of Public Health orders and guidelines DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F 11.A.g Packet Pg. 1757 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 7 Conscious Night Market 2022 pertaining to COVID-19, and all ordinances, rules and regulations enacted or issued by City. 14. Prohibition Against Transfers. DTSM shall not assign, hypothecate, or transfer this MOU or any interest therein directly or indirectly, by operation of law or otherwise with- out the prior written consent of City. Any attempt to do so without City's consent shall be null and void, and any assignee, hypothecate or transferee shall acquire no right or inter- est by reason of such attempted assignment, hypothecation or transfer. 15. Exhibits. The following exhibits are incorporated herein by reference into this MOU as though fully set forth herein. Exhibit “A” Site Plan Exhibit “B” Insurance In witness whereof, the parties have caused this MOU to be executed the day and year first above written. CITY OF SANTA MONICA, ATTEST: a California municipal corporation ______________________________ By: _____________________________ APPROVED AS TO FORM: ______________________________ By: _____________________________ DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F Downtown Santa Monica, Inc. 2/24/2022 Interim Executive Director Mackenzie CarterInterim City Attorney Joseph Lawrence 2/27/2022 City Manager David White 2/28/2022 3/1/2022 City Clerk Denise Anderson-Warren 11.A.g Packet Pg. 1758 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 8 Conscious Night Market 2022 EXHIBIT A SITE PLAN – LOT 27 and Partnership Agreement with Dates DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F 11.A.g Packet Pg. 1759 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 626 Night Market Partnership Agreement DTSM Partner Contribution:DTSM will have the following responsibilities with respect to the Agreement. a.Provide Public Parking Lot 27(“Lot 27”), located at 1324 5th Street, Santa Monica, CA 90401, to 626 Night Market for use of the Event site b.Assist with site map creation that abides by City of Santa Monica safety regulations c.Coordinate parking lot closures prior to each Event d.Provide venue management for setup, Event, and strike e.Distribute a neighbor notification in advance of each Event f.Provide custodial services at the site, including trash pick up, street sweeping, and power washing when necessary g.Provide trash dumpsters at the event site for each Event h.Provide 1-2 dedicated ambassadors to each Event, depending on availability i.Coordinate site walks with the Santa Monica Police and Fire Departments j.Handle scheduling of Fire Safety Officers and PD for each Event k.Provide marketing and PR services to assist with Event promotion l.Provide sign holders on Third Street Promenade for Event promotion m.Provide metal barricades for each Event n.Provide 100 sq. feet of storage space for Event equipment during the term of this agreement 626 Night Market Contribution:626 Night Market will have the following responsibilities with respect to the Agreement. a.Produce a bi-monthly food market in Lot 27, every 2nd and 4th weekend beginning February 26 & 27,2022 to April 23-24, 2022 b.Manage vendor recruitment and communication in advance of the Event c.Provide an onsite venue manager for setup, Event and strike d.Provide or require vendors to provide tents, tables, chairs for vendor booths e.Provide or require vendors to provide their own power, lighting and wifi for their vendor booths f.Obtain at your sole expense, all necessary Los Angeles County Health Permits g.Provide public restrooms, sinks and other materials required by the LA County Health Department h.Cover costs for police and fire personnel, as required by the City of Santa Monica i.Obtain at your sole expense, Canopy, Open Flame and Propane Permits from the Santa Monica Fire Department j.Obtain at your sole expense, all necessary permits/licenses to serve alcohol from the California Department of Alcoholic Beverage Control k.Provide signage for Third Street Promenade sign holders l.Agree to adhere to all applicable Covid-19 protocols as issued by LA County Department of Health and City of Santa Monica DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F 11.A.g Packet Pg. 1760 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) PROJECT # CHECKED BY DRAWN BY 700 FLOWER ST., Suite 2100 Los Angeles, CA 90017 O: 213.418.0201 F: 213.266.5294 www.kpff.com DATE PREPARED ADDRESS CITY, STATE, ZIP ####### @@ @@ ##/##/20## COMPANY Area Closed Oct. 2021-Jan.2022 Area Closed Electrical Constuction 10'-0" 11 12 13 S SS S S S BAR Legend Food Booths Bar Cooking Area Restrooms 11c 12c 13c Sinks 10'-0" S # # DISCLAIMER: Tentative Map; subject to change. For vendor/sponsor reference only. Not for public release 2 3 4 5 6 7 8 9 10 1 14 15 16 17 18 19 20 21 22 23 24 OPS #Merchandise 1 1 2 3 4 5 6 7 8 9 10 DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F 11.A.g Packet Pg. 1761 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 9 Conscious Night Market 2022 EXHIBIT B MOU Insurance Requirements and Verifications DTSM its sub-contractors shall procure and maintain for the duration of the Agreement insur- ance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by DTSM, its agents, representatives, employees or sub-contractors. Minimum Scope and Limits of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if DTSM has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.\ 3. Liquor Liability: Insurance with limits of no less than $1,000,000 per occurrence. 4. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1). If DTSM and its sub-contractors maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by DTSM. Any available insurance proceeds in excess of the specified minimum limits of insur- ance and coverage shall be available to the City of Santa Monica. Other Insurance Provisions 1. The insurance policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insured Status (CGL): The City of Santa Monica, its officers, officials, em- ployees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of DTSM including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to DTSM’s insurance at least as broad as Insurance Services Office Form CG 20 10 11 85. DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F 11.A.g Packet Pg. 1762 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 10 Conscious Night Market 2022 b. Primary Coverage (CGL and Auto): For any claims related to this Agreement, DTSM’s insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of DTSM’s insurance and shall not contribute with it. c. Notice of Cancellation (all policies): Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica. d. Waiver of Subrogation (all policies): DTSM hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said DTSM may acquire against the City of Santa Monica by virtue of payment of any loss. DTSM agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by DTSM, its employees, agents and sub-contractors. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require DTSM to purchase coverage with a lower de- ductible or retention or provide satisfactory proof of ability to pay losses and related investiga- tions, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in California with a cur- rent a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica. Verification of Coverage DTSM shall furnish the City of Santa Monica with original certificates and amendatory endorse- ments or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive DTSM’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, includ- ing the endorsements required herein, at any time. Failure to Maintain Insurance Coverage DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F 11.A.g Packet Pg. 1763 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11 Conscious Night Market 2022 If DTSM, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from DTSM resulting from said breach. Sub-contractors DTSM shall require and verify that all sub-contractors maintain insurance meeting all the re- quirements stated herein. All exceptions must be approved in writing by the Risk Manager. Footnotes # 1: Workers’ Compensation insurance coverage is not required if DTSM does not have em- ployees. DTSM must, however, execute the City’s Workers’ Compensation Coverage Ex- emption Declaration Form. DocuSign Envelope ID: B2B4F40B-38F5-4A66-AB6C-D8D328A8916F 11.A.g Packet Pg. 1764 Attachment: DTSM Lot 27 Community Events MOU (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 1 DOWNTOWN SANTA MONICA, INC. FY2022-23 OPERATIONAL PLAN While there is an understandable desire to return to normal operations following two years of hardship and uncertainty caused by the coronavirus pandemic, it isn’t going to be that simple. The road to recovery is proving to be more challenging to navigate than expected. Business models were upended. Some of our community members remain leary of venturing back out into our public spaces and downtown businesses. A significant portion of their employees continue to work remotely or are returning to the office only a few days a week, dramatically altering mid-week pedestrian counts in city centers around the globe. Local government remains cash strapped and short staffed, and our community is feeling the pain from a dip in services, particularly when it pertains to safety and cleanliness. Downtown Santa Monica, Inc. (DTSM) wasn’t immune to the pandemic’s effects on retail. The Promenade experienced a significant number of shuttered stores and business revenue along this landmark thoroughfare sharply declined. DTSM had to pivot its focus from maintaining the vitality of the promenade to one of revitalization. DTSM also experienced significant changes in its leadership. Its CEO of 25 years departed in late 2021, as well as other members of the leadership team. Two members of the Board of Directors resigned, and three others have come to the end of their terms. As of July 1, 2022, five (5) new board members were either appointed or elected to the board. This reconstituted board may likely reshape the focus of DTSM’s mission and objectives as it continues to tackle the lingering vestiges of the pandemic. DTSM’s new CEO takes the helm on September 1, 2022 and there’s high expectations that his leadership will have an immediate impact on DTSM’s ability to best serve its community, the property owners and businesses. Given the uncertainty ahead, it is prudent to go back to the basics, while also conducting a thorough review of the organization’s structure, its performance 11.A.i Packet Pg. 1765 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 2 and its partnerships so that when new leadership arrives there is a solid foundation to forge ahead with a grander vision to shape our downtown. The goal is always to ensure the district is thriving economically, is a hub for social interaction, and maintains its standing as one of the most celebrated public spaces in the world. As experts in urban placemaking, DTSM’s staff and Board of Directors understand we still face significant challenges. The number of individuals experiencing homeless has increased. Property owners continue to struggle with attracting new tenants. Public safety remains top of mind for visitors. The 2022-2023 Operational Plan will reflect the Board of Directors’ priorities to provide a clean, safe, and welcoming downtown, one that delivers our residents and visitors with a wide range of shopping, dining and entertainment options, a downtown that is economically vibrant and full of life. We will continue to support our merchants, provide property owners and brokers with the latest data and insights, and facilitate community connections via free events and activations. DTSM will continue to be an advocate for our downtown to ensure the City of Santa Monica is providing the level of services it is contractually obligated to, and is planning for the future success of our city center. The next 12 months will be telling as we all await to see what the “new normal” will be. It is a moment of immense opportunity to reshape the organization, reinvigorate, and reimagine our downtown. 11.A.i Packet Pg. 1766 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 3 Board of Directors Strategic Priorities The following objectives of this plan align to the strategic priorities of the Board of Directors of Downtown Santa Monica, Inc. 1.Foundational Priorities a.Maintenance / Safety b.Community Connections c.Marketing / Branding 2.Aspirational Priorities a.Placemaking / Promenade Vitality Plan b.Expanded Activations / Events c.Economic Vitality Recruitment / Tenancy / Housing / Investment 11.A.i Packet Pg. 1767 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 5 1.Organizational Management Maintain a strong and efficient organization with high standards of professional administration and customer service to effectively manage relationships and direct place-based initiatives. 1.1. Maintain high standards of professional administration and services. 1.1.1. Conduct regular staff training and create opportunities for professional development and continuing education, including ongoing coaching and performance feedback. 1.1.2. Create opportunities for strategic and organizational planning and educational opportunities for members of the Board of Directors. 1.1.3. Routinely assess functionality of technology systems, implementing upgrades as necessary to facilitate greater efficiency. 1.1.4. Maintain careful compliance standards and mitigate risk for contracts and programs in which Downtown Santa Monica, Inc. is either client or vendor. 1.1.5. Protect the organization from legal risk and mitigate the impacts of pending or active litigation. 1.2. Seek supplemental and diversified revenue streams to enhance programs and services. 1.2.1. Maximize revenues generated by Downtown Santa Monica, Inc. service programs. 1.2.2. Identify sponsorships and other funding opportunities for key programs supporting or enhancing the Downtown Santa Monica brand and visitor experience. 1.2.3. Maintain concise, transparent organizational records, including financial statements clearly demonstrating fiduciary responsibility. 1.3. Demonstrate the value of Downtown Santa Monica, Inc. as an organization, service provider and community partner. 1.3.1. Conduct the operations of the organization in a manner transparent to interested stakeholders and create records to contribute to institutional history. 1.3.2. Communicate proactively to keep stakeholders apprised of the projects, programs, and operations of the organization. 11.A.i Packet Pg. 1768 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 6 1.3.3. Produce regular data-driven reports to document progress toward the goals and objectives of this operational plan as well as other governing documents of the organization. 1.3.4. Encourage staff members to promote positive connections between the organization and other community organizations through board and/or committee service. 11.A.i Packet Pg. 1769 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 7 2.Economic Development Maximize the vitality of downtown and promote community prosperity through a balanced, diverse, high-quality economic environment with a sustainable mix of uses. 2.1. Partner with the City and Downtown stakeholders to maintain a balanced, diverse economic environment and promote the prosperity of the community as a whole. 2.1.1. Serve as liaison between property and business owners and the City of Santa Monica to maximize the economic vitality of Downtown private property. 2.1.2. Monitor compliance with established ordinances, regulations and other guidelines, notifying appropriate City personnel as needed. 2.1.3. Monitor industry trends, competitive landscape, and community feedback to adjust economic vitality strategies accordingly. 2.2. Maximize the vitality of Downtown by encouraging and supporting a diverse, engaging mix of high-quality retail, restaurant, and entertainment businesses and other active neighborhood uses. 2.2.1. Encourage a balanced mix of active uses and consumer price points, prioritizing unique businesses that differentiate Downtown from other regional destinations. 2.2.2. Disseminate data about retail trends and the impacts of individual leasing decisions on the success of the district as a whole. 2.2.3. Identify core consumers and formulate data-driven strategies to target likeminded households and individuals. 2.2.4. Develop print and digital recruitment materials, including general campaigns for the district as well as targeted materials for prospective tenants. 2.2.5. Facilitate innovative opportunities, possibly including pop-up shops, temporary markets, and retail cart programs. 11.A.i Packet Pg. 1770 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 8 3.Marketing, Communication & Events Protect and build upon downtown’s reputation as an authentic, diverse, culturally significant and forward-thinking district, fostering its identity and brand through marketing, communication, partnerships and events. 3.1. Position Downtown as a unique, exciting and broadly accessible experience-based place. 3.1.1. Produce a limited series of signature events and activities designed to encourage Santa Monica residents and employees to engage with Downtown. 3.1.2. Develop a calendar of engaging community events to enhance and invigorate the Downtown environment, including establishment of collaborative partnerships. 3.1.3. Screen outside event requests for adherence to established guidelines and coordinate event logistics accordingly. 3.1.4. Field requests to film in Downtown Santa Monica and work with the City to ensure that filming shoots comply with all municipal codes pertaining to the use of public space. 3.2. Nurture Downtown as a place embodying local flavor and welcome a broad audience to enjoy an authentic Santa Monica experience. 3.2.1. Produce advertising and public relations campaigns to convey brand messaging. 3.2.2. Welcome visitors to Downtown and inform them of the district’s businesses, attractions and amenities. 3.2.3. Guide visitor experience through installation of visually engaging messaging displayed in public spaces. 3.2.4. Partner with Santa Monica Travel & Tourism to support tourism programming. 3.2.5. Partner with Santa Monica Conservancy to promote visibility of historic assets. 3.3. Cultivate community buy-in and brand awareness by educating Downtown businesses and community partners and encouraging participation in programs and initiatives. 11.A.i Packet Pg. 1771 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 9 3.3.1. Produce communication materials to share relevant, timely information about Downtown Santa Monica with district businesses and stakeholders. 3.3.2. Maintain a comprehensive website for Downtown Santa Monica, and use social and other digital technologies to share information about the district. 3.3.3. Host stakeholder meetings to share updates on programs, collaborative opportunities and other essential information. 3.3.4. Produce a data-driven annual report to highlight the achievements of the organization in the prior fiscal year. 3.4. Protect and strengthen the Downtown Santa Monica brand equity. 3.4.1. Review and refresh brand elements at appropriate intervals to ensure continued relevance. 3.4.2. Utilize digital platforms to disseminate timely information and reinforce brand identity. 11.A.i Packet Pg. 1772 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 10 4.Planning, Design & Infrastructure Position downtown as an engaging, accessible, thoughtfully-crafted destination through strategic ongoing investments in placemaking, urban planning, capital improvements, beautification and development. 4.1. Maintain an overarching vision for the continuous evolution of Downtown, anticipating and working with public and private sector partners to proactively manage short-term and long-term needs. 4.1.1. Monitor and assist the City in progressing the implementation actions of the Downtown Community Plan. 4.1.2. Support efforts to increase the sustainability of Downtown business operations, including water conservation and waste reduction. 4.2. Create engaging streetscapes and pedestrian spaces through preservation of existing assets and investments in infrastructure and creative placemaking. 4.2.1. Encourage development of high-quality public spaces on public and private property. 4.2.2. Enhance the public realm and drive pedestrian exploration through engaging, culturally-relevant placemaking and opportunities to surprise and delight. 4.2.3. Activate key public spaces through managed deployment of pedestrian-oriented amenities and programming. 4.2.4. Participate in planning beautification projects for streets and alleys across the district. 4.2.5. Expand pedestrian scale lighting on sidewalks, streets and alleys districtwide. 4.2.6. Work with the City to maximize pedestrian and vehicular wayfinding in Downtown Santa Monica for visitors using all available modes of transportation. 4.3. Ensure the Promenade remains the heart of Downtown Santa Monica, authentically representing the community’s values, culture and economy. 4.3.1. Effectively manage the Promenade as a key node of Downtown’s public space network and treasured community gathering space, fostering a sense of vitality and safety. 11.A.i Packet Pg. 1773 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 11 4.3.2. Maximize the utility of private properties abutting the Promenade through streamlined permitting processes and support for tenant selection by owners. 4.3.3. Preserve the Promenade’s competitive advantages and economic viability through planning and advocating for reinvestment in short- term and long-term capital improvements. 4.4. Minimize disruptions to existing businesses and impacts on the visitor experience for Downtown users. 4.4.1. Maintain accessibility by monitoring permits for large-scale maintenance and construction, street and alley closures, and Third Street Promenade vehicle access. 4.4.2. Mitigate impacts of temporary closures and provide advance communication to district stakeholders. 11.A.i Packet Pg. 1774 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 12 5.Policy & Advocacy Research, interpret, and monitor the state of downtown to proactively identify issues and advocate for solutions that best serve the interests of the downtown community. 5.1. Support the Board of Directors in its advisory role to City Council and on- going work as the advocacy body for the district. 5.1.1. Facilitate discussion on issues of importance to Downtown Santa Monica by hosting regular board and committee meetings open to the general public. 5.1.2. Track, analyze, and advise the City Council and its boards, commissions, and staff on public and private development projects. 5.1.3. Advise the City Council and its boards, commissions, and staff on development of policies, plans and ordinances impacting the trajectory of Downtown. 5.2. Advocate on behalf of property and business owners on matters contributing to the overall vitality of business Downtown. 5.2.1. Advocate for strengthening the community through clean, safe, livable, and sustainable streets that are welcoming to all patrons. 5.2.2. Partner with the City of Santa Monica and other community organizations in supporting initiatives to combat crime and homelessness. 5.2.3. Advocate for maximum effectiveness and efficiency in managing public and shared parking resources. 5.2.4. Advocate for use of parking revenues to fund maintenance and enhancement of existing public parking structures as critical infrastructure for Downtown users. 5.2.5. Advocate for continued development of affordable housing and supportive services to preserve our diversity and serve our most economically vulnerable residents. 5.3. Position Downtown Santa Monica, Inc. as a central source of information on all aspects related to Downtown, including the economic vitality and market potential. 5.3.1. Conduct market and demographic research, quantify Downtown usage and leverage available resources to aggregate data sets. 11.A.i Packet Pg. 1775 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 13 5.3.2. Conduct stakeholder surveys, mystery shops, and program evaluations as needed to maximize the effectiveness of programs. 5.3.3. Analyze and apply data to drive organizational decision-making, packaging key data for dissemination to stakeholders. 11.A.i Packet Pg. 1776 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 14 6.Public Space Management & Operations Cultivate a vibrant, engaged community by serving as stewards for the quality and use of downtown’s physical spaces with regard to cleaning, safety, hospitality, maintenance, parking and social outreach. 6.1. Provide enhanced custodial services and oversight to ensure a clean, active, and well-managed place. (See appendices for a complete schedule of maintenance obligations.) 6.1.1. Collaborate with the City of Santa Monica and related service vendors to ensure compliance with maintenance standards established by both parties. 6.1.2. Manage custodial services for Downtown public parking structures in accordance with parking structure maintenance agreement. 6.1.3. Conduct regular power washing and as-needed hot spot cleaning of key public spaces, including sidewalks, crosswalks, and alleys. 6.1.4. Monitor and provide custodial services to select public restrooms during all hours in which they remain open to the general public. 6.1.5. Promptly remove graffiti from public and private property and notify private property owners of other identified maintenance concerns and safety hazards. 6.1.6. Deploy Ambassadors who refer users to Downtown businesses and other locations, generate work orders to repair damaged Downtown infrastructure, provide walking directions, monitor key restrooms, jump-start vehicles and act as eyes and ears on the street in the district. 6.1.7. Ensure a positive visitor experience in Downtown-adjacent parks through City-funded contracted services for additive Hospitality Ambassador deployment in Tongva and Palisades Parks. 6.1.8. Collaborate with the City to provide active street performer and street vendor management for Third Street Promenade and other public spaces. 6.2. Support the City of Santa Monica’s public safety officials in their efforts to keep Downtown safe. 11.A.i Packet Pg. 1777 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 15 6.2.1. Deploy Safety Ambassadors at strategic times on the Third Street Promenade and surrounding alleys and streets who possess a valid California Security Guard Card to enhance visible presence of uniformed personnel and improve perceptions of public safety. 6.2.2. Deploy a Homeless Outreach/ Mental Health Coordinator and Quality of Life team to work strictly in the Downtown District to collaborate with other advocacy groups and service providers to expedite services for individuals in need. 6.2.3. Manage pilot mobile camera project on the Third Street Promenade to enhance monitoring and reporting of problematic behavior and provide a visible deterrent. 6.2.4. Collaborate with the Police Department and the City of Santa Monica Information Services Department to determine the feasibility of allowing access to Downtown camera systems for the Third Street Promenade, alleyways and Downtown parking structures. 6.2.5. Collaborate with key personnel of departments charged with managing public safety in the district to ensure they maintain a regular presence in the Downtown, including but not limited to the Police and Fire Departments, Code Compliance, and the City Attorney’s Office. 6.2.6. Facilitate enhanced communication between parties engaged in preserving the safety of Downtown public spaces. 6.2.7. Track occurrence of public safety incidents in Downtown and provide notification to appropriate parties as needed. 6.2.8. Ensure Downtown Santa Monica, Inc. and its employees are prepared to assist as directed by public safety officials in the event of a natural disaster or other emergency. 11.A.i Packet Pg. 1778 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 16 District Boundary Map The boundaries of the Downtown Santa Monica district extend from the east side of Ocean Ave to the east side of Lincoln Blvd. and from the I-10 freeway to the commercial parcels immediately north of Wilshire Blvd. 11.A.i Packet Pg. 1779 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 17 Board Directory (Effective May 26, 2022) Chair Barry Snell Vice Chairs Julia Ladd Rob Rader Eric Sedman Peter Trinh Secretary / Treasurer Juan Matute Board Members Michele Aronson Joshua Gilman Anuj Gupta Ericka Lesley Johannes Van Tilburg 11.A.i Packet Pg. 1780 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 18 Staff Directory (Effective May 26, 2022) Interim Chief Executive Officer Barry Snell Interim Executive Director John Harris Director of Operations Rich Mongarro Sr. Marketing & Communication Manager Kevin Herrera Research & Data Manager Jamison Hayward Special Events Manager Laura Borsecnik Public Space/Economic Development Manager Martin Ronzio-Garcia Accounting Specialist Yuriko De La Cruz 11.A.i Packet Pg. 1781 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) ADDENDUM A Board Directory (Effective July 1, 2022) Chair Eric Sedman Vice Chairs Michele Aronson Joshua Gilman Julia Ladd Peter Trinh Secretary/Treasurer Barry Snell Board Members Luke Cain Bruce Fairty Anuj Gupta Ericka Lesley Leo Pustilnikov Lucian Tudor Lora Vrastil 11.A.i Packet Pg. 1782 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) ADDENDUM B Staff Directory (Effective September 1, 2022) Chief Executive Officer Andrew Thomas Director of Operations Rich Mongarro Special Events Manager Laura Borsecnik Research & Data Manager Jamison Hayward Public Space/Economic Development Manager Martin Ronzio-Garcia 11.A.i Packet Pg. 1783 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 19 Enhanced Maintenance Schedules Parking Structure Maintenance Schedule The following duties are performed in Parking Structures 1,2,4,5 and 6 during the stated shifts. (Note: Duties and shifts subject to change based on need.) Shift time from 10:00 p.m. – 6:30 a.m. Run M30 Sweeper/Scrubber vehicle on a rotational schedule in all structures Close all restrooms for deep cleaning floor-to-ceiling Sweep, mop, and wipe down all stairwells and landing areas Conduct pan and broom maintenance throughout structures Document maintenance issues for reporting Shift time from 8:00 a.m. - 4:30 p.m. Clean restrooms (empty trash, clean toilets/urinals, clean sinks, counters, mirrors, and replenish toiletries as needed) Remove, or paint over, graffiti Remove debris as needed Conduct pan and broom maintenance as needed Shift time from 2:30 p.m. – 11:00 p.m. Clean restrooms daily (empty trash, clean toilets/urinals, clean sinks, counters, mirrors, replenish toiletries as needed Sweep/mop restroom as needed Pull all trash (2/3rds full) and replace bags on every level of parking structures and wipe down cans Wipe down all structure interior signage as well as fire and electrical boxes Remove or paint over any graffiti that is reported or found Clean up all spills as necessary Conduct pan and broom maintenance as needed Lincoln Blvd and Colorado Ave Maintenance Schedule Lincoln Blvd Shift time from 7:00 a.m. – 6:00 p.m. Sweep and clean all sidewalks on east and west side of Lincoln Blvd from Colorado to Wilshire 11.A.i Packet Pg. 1784 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 20 Wipe down and clean all public infrastructure as needed Document maintenance issues for reporting Colorado Ave Shift time from 8:00 a.m. – 9:30 p.m. Sweep and clean all sidewalks on north and south side of Colorado Ave from Ocean Ave to Lincoln Blvd Wipe down and clean all public infrastructure as needed Document maintenance issues for reporting Pressure Washing Schedule Enhanced Maintenance – Pressure Washing & Deep Cleaning in Downtown DTSM conducts pressure washing and deep cleaning services throughout various locations in Downtown. Services are planned to be deployed in accordance with the following minimum schedule, which may be adjusted as resources permit. Activity Frequency Zone 1: Third Street Promenade Intersections 4x Annually Zone 1: Alleys (2nd & 3rd Courts) Once a week Zone 2: Alleys Once a week Zone 3: Alleys Once every 2 weeks Zone L: Lincoln Blvd. Sidewalks 4x Annually Downtown Hotspots (Areas of Need) As Needed Parking Structure Stairwells (Areas of Need) As Needed Restroom Monitoring Schedule The following restrooms are monitored and provided ongoing custodial services during all hours of public operation. ●Parking Structure #2 (during Farmer’s Market) ●Parking Structure #4 ●Parking Structure #5 ●Tongva Park ●Reed Park 11.A.i Packet Pg. 1785 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 21 General Maintenance Schedule In order to care for infrastructure and improve the aesthetic of Downtown’s public spaces, DTSM completes the following routine maintenance activities during the course of a year. Activity Frequency Paint Public Infrastructure As Needed Dinosaur Landscaping Refresh / Replant Quarterly/As Needed Dinosaur Fountain Maintenance Semi-Weekly/As Needed Vector Management Monthly/As Needed Tree Light Maintenance As Needed Promenade Paver Repair As Needed Sweep and remove trash from Alleys As Needed 11.A.i Packet Pg. 1786 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 22 City of Santa Monica Maintenance Matrix The following pages contain a matrix outlining the services in Downtown provided by the Promenade Maintenance team of the City of Santa Monica Public Works Department. It is the responsibility of DTSM, Inc. to ensure maintenance work meets or exceeds the minimum levels of service established on creation of the assessment district. 11.A.i Packet Pg. 1787 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 1 Section - 3rd Street Promenade: From the north side of Wilshire to the south side of Broadway Shifts: Effective 1 = 5:00am to 1:30pm. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week 3rd Street Promenade Maintenance: Service Description Frequency Shift Pedestrian Walkways: Sweeper Scrubber Pressure Washer Pre-treat stains and spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer • Once daily, 7 days a week • Once daily, 7 days a week • Once daily, 5 days a week • As needed 1 1 1 1 Monitoring Walk site, sweep & remove debris • Daily and as needed 1 or 2 Drinking Fountains (7) Spray & wipe • Daily and as needed 1 or 2 11.A.i Packet Pg. 1788 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 2 Section - 3rd Street Promenade, Promenade Maintenance, Cont’d. Service Description Frequency Shift Trash Containers (40) Wipe top, remove trash, replace bag • Four times daily, Mon. – Thu. • Five times daily, Fri. – Sun. & Holidays 1 & 2 Trash Container Liners (40) Steam clean/wipe down from the inside & deodorize • Weekly as needed 1 Stainless Steel Bollards (27) Spray & wipe, steam clean • Once daily 1 or 2 Directories (7) Spray & wipe • Once daily 1 or 2 Sculptures (9) Spray & wipe • Once daily, as needed 1 or 2 Graffiti Remove • As needed 1 & 2 Dinosaur Pools (4) Remove debris • As needed 1 & 2 Special Events Extra trash containers & general maintenance frequencies • As needed 1 & 2 Spot Cleaning & Customer Calls Additional cleanings, graffiti, broken glass, animal waste, etc. • As needed 1 & 2 Off Duty Emergency Call-outs Oil spills, electrical, water, accidents, etc. • As needed 1 & 2 11.A.i Packet Pg. 1789 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 3 Section – 3rd Street, Public Landscape: Service Description Frequency Shift Tree Trimming 3,790 sq. ft. (154) Regular • Once, yearly (spring) Landcare Tree Well Maintenance 3,790 sq. ft. (154) Inspect for grate or decomposed granite displacement and/or debris & litter Clean debris, reset tree grates • Daily • As needed, based upon inspections Landcare Succulents & Topiaries (Dinosaur fountain planters) 2,000 sq. ft. Prune & shape topiaries Weed and detail succulent beds • Once every six weeks • Weekly, as needed Landcare Irrigation Inspection Check system and controller for proper settings • Weekly, as needed Landcare/ In House Fountain Maintenance Maintain fountains and provide cleaning service for the Topiary pools • Twice weekly California Waters 11.A.i Packet Pg. 1790 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 4 Section - Parking Structures: Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week Parking Structures (Civic, Main Library and Ken Edwards) Promenade Maintenance: Service Description Frequency Shift Bin Rooms PS 1-6 Pressure wash, degrease, or scrub. Organize trash and recyclables. • Once daily, 7 days a week • Once 7 days a week 1 or 2 Clarifiers: Structure 3 Structures 2-6 Clean out sludge Remove restaurant grease • Monthly • As needed, contracted (Facilities) Contractor Parking Structures, Public Landscape: Service Description Frequency Shift Planter Maintenance (ground level planters in Structure 1 & 3 only) 5,900 sq. ft. Pick up litter & debris Water plants Prune shrubs • Daily • Manually, as needed weekly • Every 6 weeks Landcare 11.A.i Packet Pg. 1791 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 5 Section – Colorado Blvd., Arizona Avenue & Wilshire Boulevard: Sidewalks on both sides of streets from east side of Ocean Avenue to alley between 5th and 6th Streets. Ocean Ave east side, 2nd and 4th Streets both sides: Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue. Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week Colorado Blvd., Arizona Avenue & Wilshire Boulevard ,2nd & 4th Streets, Promenade Maintenance Service Description Frequency Shift Pedestrian Walkways: Sweeper Scrubber Pressure Washer Pre-treat stains/spot pressure washing Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer • 5 x a week • 3 x a week Once daily • 4 x a week 1 1 1 1 Monitoring Walk site, sweep & remove debris • Daily, as needed 1 & 2 Bus Stop Steam clean • As needed 1 & 2 11.A.i Packet Pg. 1792 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 6 Trash Containers (74) Wipe top, remove trash, replace bag • Twice daily, as needed 1 & 2 Trash Container Liners (74) Steam clean & deodorize • As needed 1 or 2 Section - Colorado Blvd., Arizona Avenue & Wilshire Boulevard and Ocean Ave., 2nd & 4th Streets, Promenade Maintenance, Cont’d. Service Description Frequency Shift Tree Wells Rake out debris & weed out • As needed • 1 or 2 Spot Cleaning & Customer Calls Additional cleanings, graffiti, broken glass, animal waste, etc. • As needed, 7 days a week 1 & 2 Off Duty Emergency Call-outs Oil spills, electrical, water, accidents, etc. • As needed 11.A.i Packet Pg. 1793 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 7 Section - Public Landscape, 2ND & 4th Street Service Description Frequency Shift Tree Trimming (182) Regular • Every 2 years West Coast Arborists Tree Well Maintenance (182) Backfill tree wells with decomposed granite • As needed 1 or 2 and PLD Arizona Ave. Service Description Frequency Shift Tree Trimming (46) Regular • Every 2 years West Coast Arborists Tree Well Maintenance (61) Backfill tree wells with decomposed granite • As needed 1 & 2 Wilshire Blvd. Service Description Frequency Shift Tree Trimming (66) Regular • Every 2 years West Coast Arborists 11.A.i Packet Pg. 1794 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 8 Section - Transit Mall: Sidewalks on both sides of the streets: • Broadway east side of Ocean Avenue to alley between 5th and 6th Streets. • Santa Monica Boulevard from east side of Ocean Avenue to alley between 5th and 6th Streets. Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week ) Transit Mall, Promenade Maintenance: Service Description Frequency Shift Monitoring Walk site, sweep & remove debris • Daily 1 & 2 Benches (241) Spray & wipe, polish wood • Once daily, as needed 1 or 2 Section - Transit Mall, Promenade Maintenance, Cont’d: Service Description Frequency Shift Drinking Fountains (3) Spray & wipe • Daily, as needed 1 or 2 Trash Containers (36) Wipe top, remove trash, replace bag • Four times daily 1 & 2 Trash Container Liners (36) Steam clean & deodorize • As needed 1 Tile Bollards (40) Spray, wipe & polish • Once daily, 5 days a week 1 or 2 Informational Signs (6) Spray & wipe • Once daily, 5 days a week 1 or 2 11.A.i Packet Pg. 1795 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 9 Arbors (6) Spray & wipe • Once daily, 5 days a week 1 or 2 Graffiti Monitor & Remove • As needed 1 & 2 Spot Cleaning & Customer Calls Additional cleanings, graffiti, broken glass, animal waste, etc. • As needed 1 & 2 Off Duty Emergency Call-outs Oil spills, electrical, water, accidents, etc. • As needed Section - Transit Mall, Public Landscape: Service Description Frequency Shift Tree Trimming (193) Regular • Every 2 years West Coast Arborists Tree Well Maintenance Inspect for grate displacement and/or debris & litter Clean debris, reset tree grates • Daily • As needed, based upon inspections Landcare / In House Irrigation Inspections Check system and controller for proper settings • Weekly Landcare / In House Monitoring Remove debris from tree wells • Daily Landcare 11.A.i Packet Pg. 1796 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 10 Section – Colorado, Broadway, Santa Monica Blvd., Arizona Avenue & Wilshire Boulevard: Sidewalks on both sides of streets from east side of 5th to the alley east of 7th St. 5th, 6th and 7th Streets: Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue. Service Description Frequency Shift Pedestrian Walkways: Sweeper Scrubber Pressure Washer Pre-treat stains/ and spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer • Twice weekly • Once every three weeks • Once every three weeks • as needed 1 1 1 1 Monitoring Walk site, sweep & remove debris • As needed 1 or 2 Tree Well Maintenance Clean debris Remove and spray for weeds • Daily, as needed • As needed, based upon inspections 1 1 11.A.i Packet Pg. 1797 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 11 Section - Alleys: • 1st Court: Between Ocean Avenue & 2nd Street from north side of Wilshire Boulevard to south side of Colorado Avenue. • Mall Court West: Between 2nd Street and 3rd Street from north side of Wilshire Boulevard to south side of Broadway. • Mall Court East: Between 3rd Street and 4th Street from north side of Wilshire Boulevard to south side of Broadway. • 4th Court: Between 4th and 5th Streets from north side of Wilshire Boulevard to south side of Colorado Avenue. • 5th Court: Between 5th Street and 6th Street from north side of Wilshire Boulevard to south side of Colorado Avenue. • 6th Court: Between 6th Street and 7th Street from Colorado to Wilshire • 7th Court: Between 7th Street and Lincoln Blvd. from Colorado to Wilshire Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week 2:00 p.m. to 10:30 p.m. Alleys, Promenade Maintenance: Service Description Frequency Shift Mall Court East & West Sweeper/ Mobile Vacuum / scrubber Picks up small debris, applies degreaser, scrubs pavement & recovers excess water • 5 days a week 1 Monitoring Walk site, sweep & remove debris • Daily 1 & 2 Spills Apply absorbent, pressure wash and scrub • As needed Spot Cleaning & Customer Calls Discarded furniture, appliances, spills, etc. • As needed 1 & 2 Graffiti Monitor & Remove • As needed 1 & 2 11.A.i Packet Pg. 1798 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 12 Weed suppression Remove weeds • As needed, based upon inspections 1 or 2 Off Duty Emergency Call-outs Toxic spills, electrical, water, accidents, etc. • As needed 1 & 2 Section Six - Alleys, Promenade Maintenance, Cont’d. Service Description Frequency Shift 1stt , 4th, 5th, 6th & 7th Courts: Mobile Vacuum Vacuums debris from large areas • 5 days a week 1 Monitoring Walk site, sweep debris • Once daily 1 & 2 • Spot Cleaning & Customer Calls Discarded furniture, appliances, spills, etc. • As needed 1 & 2 Graffiti Remove • As needed 1 & 2 Off Duty Emergency Call-outs Oil spills, electrical, water, accidents, etc. • As needed 1 & 2 Weed suppression Remove weeds • As needed, based upon inspections 1 or 2 11.A.i Packet Pg. 1799 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work DocuSign Envelope ID: DBCC46C1-77B9-47BF-80CE-947B808BE209 Public Works Promenade Maintenance Service Matrix 5/16/2022 13 Section – Colorado Ave. Esplanade: From east side of 4th St. to the east side of Ocean Ave Service Description Frequency Shift Pedestrian Walkways: Sweeper Sweeper / scrubber Pressure Washer Pre-treat stains and spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer • Once daily, 7 days a week • Once daily, 7 days a week • Once daily, 5 days a week (Mon., Tue., Thu., Fri., Sat.) • As needed 1 1 1 1 Monitoring Walk site, sweep & remove debris • Daily and as needed 1 or 2 Trash Containers Wipe top, remove trash, replace bag • 4 times daily • 1 or 2 Trash Container Liners Steam clean / wipe down from the inside & deodorize • As needed 1 or 2 Graffiti Remove • As needed 1 or 2 Landscape General Maintenance-using current maintenance specifications requirements Landcare 11.A.i Packet Pg. 1800 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Department of Transportation Downtown Parking Facility Maintenance Matrix Parking Division Fall 2022 (9/19/2022 Rev. 3) 9/23/2022 1 The Parking Division of the Department of Transportation conducts several related activities in support of Downtown Santa Monica Clean and Safe Initiatives. These operational efforts include: • SP+ parking contract tasks related to cleanliness and monitoring of facilities • City Staff inspection roles and management of resources applied to clean and safe activities • Funding of interdepartmental efforts to provide for basic and enhanced security and cleanliness m easures, • Periodic evaluation of effectiveness of anti-littering, graffiti, and human soiling countermeasures to adapt to changing conditions, and • Regular collaboration and meeting with DTSM and Public Works – Promenade Maintenance partners to solution more effective and joint cleanliness and safety countermeasures. The role of the parking contractor, SP Plus, Inc. in accomplishing basic clean and safe measures is significant and are done over three daily work shifts. The following tables describe specific tasks accomplished by SP+. SP Plus, Inc. – Working Shifts: Effective 7/1/2022 1 = 7:00 a.m. to 4:00 p.m. (Daily/ Office: Monday to Friday) 2 = 3:00 p.m. to 11:30 p.m. (Daily) 3 = 11:00 p.m. to 7:30 a.m. (Daily) M = 5:00 a.m. to 1:30 p.m. (Porters/ Maintenance Team: Monday to Friday) On succeeding pages are found the activities that SP Plus performs to assist with Clean and Safe Initiatives. Downtown Parking Structures 1, 2, 4, 5, 6, and 9: 11.A.i Packet Pg. 1801 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Department of Transportation Downtown Parking Facility Maintenance Matrix Parking Division Fall 2022 (9/19/2022 Rev. 3) 9/23/2022 2 Service Description Frequency Shift Public Elevators: Usability Inspection Preventive Maintenance Major Repairs Up-time Reports Daily inspection of all publicly accessible elevators OTIS conducts monthly inspections/ minor repairs As-needed safety, electronic, & mechanical repairs Administrative reporting of elevator availability • Once daily, 7 days a week • Monthly • Once daily, 5 days a week • By 5th of each Month 1 1 1 1 Empty Trash Cans Inspect and replace trash can liners in all floors of each parking structures • Once daily 1 or 2 Pan & Broom staircases Spot sweeping and pick up of litter and conveyance to nearest trash can • Once daily per AM and Once per PM, 7 days per week M & 2 Pan & Broom drive aisles Spot sweeping and pick up of litter and conveyance to nearest trash can • Once daily per AM and Once per PM, 7 days per week M & 2 11.A.i Packet Pg. 1802 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Department of Transportation Downtown Parking Facility Maintenance Matrix Parking Division Fall 2022 (9/19/2022 Rev. 3) 9/23/2022 3 Parking Structure Safety Measures (PS 1, 2, 4, 5, & 6) Service Description Frequency Shift Fire Alarm Testing Scheduling of routine testing functions, subcontracts with Allen Alarm and OTIS • Four times annually 1 Fire Alarm Repairs SP+ subcontracts with ADT and Redhawk to conduct on the spot repairs • As needed 1, 2, & M Public Restrooms – Plumbing Issues SP+ porters and subcontractors on-call to repair and replace stuck plumbing • As needed M “Code Yellow & Browns” SP+ inspects daily and summons DTSM/BBB toxic clean-up services • Inspection daily early AM, 7 days/week. • Documents and calls for clean up M Public Restrooms – fixture replacements SP+ porters replace broken sinks, urinals, toilets, mirrors, hand dryers, and doors • Inspection once daily, 7 days/week. • Fixture replacement as needed M and 1 PS 6 Emergency Generator Annual inspection and testing of emergency diesel/electric generator • Annual inspection by subcontractor M Lighting Inspect stairwell, lobby, and drive aisle lighting, replace damaged or failed bulbs • Inspect daily/ 7 days/week • Replace as needed in batches, weekly M Graffiti Countermeasures SP+ collaboration with DTSM/ PW-PM, performs final paint top coat • Inspection once daily, 7 days/week. • As needed final top-coat paint applied after PW or DTSM graffiti removal. 1 & 2 Homeless Sweeps Monitor and report encampments in parking facilities to SMPD. • Inspection once daily, 7 days/week. 1 Clarifiers/ Sanitary Sewer Inspections Inspect and clean out sumps, clarifiers, and sewers as Preventive Maintenance • PS 1 twice per year, PS 2, 4, & 5 restroom lines three times per year. M Storm Drain Cleaning Inspect and clean out storm drains in parking facilities • As needed or at least annually M Storm Drain Repairs Toxic spills, water accidents, pipe and catchment replacements • As-needed in collaboration with PW - Facilities Maintenance Division 1, 2 & M 11.A.i Packet Pg. 1803 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Department of Transportation Downtown Parking Facility Maintenance Matrix Parking Division Fall 2022 (9/19/2022 Rev. 3) 9/23/2022 4 Safety and Guide Signing, Pavement Stencils, Flex Posts: PS 1, 2, 4, 5, 6, 9 & 10) Service Description Frequency Shift Safety Signage and Guidance Signage SP+ inspects daily and cleans or replaces damaged signs • Inspection once daily, 7 days/week. • Sign replacement as-needed in batch M Curb Painting, Pavement delineation Refresh curb paint and apply pavement stencils. • Refresh paint one parking structure per month, ongoing all year. M Plastic Flex Points, rubber-clad bollards Inspect and replace lane posts in structures and downtown surface lots • Inspect Weekly • Replace in batches bi-monthly M Mirrors Parking structure Exit mirrors at alleys and streets • Inspect once daily, 7 days/ week • Replace/ adjust weekly M Hand-rails, stair treads, barricades Inspection, light cleaning, repaint metal hand-rails or replace stair treads as needed • Inspect once daily, 7 days/week • Repaint weekly • Replace treads/flooring as needed M Pavement/ Concrete Repairs Inspect and monitor, arrange with subcontractor for minor repairs. Consult with Public Works -Arch/Engr divisions as necessary for extensive repairs • Inspect and report minor damage once daily, 7 days per week • Assign subcontractor to conduct minor repairs in batches every two months 1, 2 & M Lane striping, parking stalls, directional arrows Inspect and monitor wear of lane striping, parking stencils, arrows, and related pavement markings • Inspect weekly • Assign subcontractor to refresh pavement markings every two years • Conduct spot repainting as needed M 11.A.i Packet Pg. 1804 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Department of Transportation Downtown Parking Facility Maintenance Matrix Parking Division Fall 2022 (9/19/2022 Rev. 3) 9/23/2022 5 Parking Structure Access and Revenue Control Systems (PARCS) Ken Edwards Center; Main Library; Civic Center, PS 1, 2, 4, 5, 6, 7, 8, 9 & 10 Service Description Frequency Shift Ticket and Pre-paid Scanning Kiosks and Pay-on-Foot Machines Inspect, replace stock, repair damaged customer interfaces, and conduct preventive maintenance. • Inspect once daily, 7 days/week • Replace ticket stock and money trays as needed, • Conduct repairs as needed 1 & 2 Entry & Exit Gate arms Inspect and replace as need, daily • Inspect safe and proper operation of gate arms • Replace as needed 1 & 2 Ken Edwards Center Parking Structure Inspect and monitor PARCS machines Inspect gate arms • Once daily, 7 days/week • Replace as needed 1 or 2 1 or 2 Main Library Parking Structure Inspect coin, cash, and credit card readers, change dispensers Inspect gate arms • Once daily, 7 days a week • Replace as needed 1 & 2 1 & 2 Civic Center Parking Structure Inspect coin, cash, and credit card readers, change dispensers Conduct incidental pan & broom clean up Inspect Lighting, fire alarms, elevators • Once daily, 7 days a week • Once daily, 5 days a week • Once daily, 5 days per week 1 or 2 or 3 M or 1 1, M Cash and ticket pullers Inspect coin, cash, and credit card readers, change dispensers • Once daily, 7 days/week • Replace/ repair as needed 1 or 2 or 3 Customer Interface, Communication equipment Inspect voice, speaker, and pin-hole camera communication system • Once daily, 7 days/week 1 -End- 11.A.i Packet Pg. 1805 Attachment: DTSM Work Plan FY 22-23 (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work From: Gabriela Flores <gabriela@shoptazga.com> Sent: Thursday, July 13, 2023 12:48 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. -- Kind Regards, ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1806 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) -----Original Message----- From: Linn Wile <linn.wile@gmail.com> Sent: Thursday, July 13, 2023 9:17 AM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council mee�ng so these services can be implemented. Thank you. Linn Wile ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1807 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Reid Gratsch <reid@maxxamllc.com> Sent: Thursday, July 13, 2023 9:06 AM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1808 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Hudson Maudlin <hudson@maxxamllc.com> Sent: Thursday, July 13, 2023 8:54 AM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. -Hudson Maudlin Sent from Mail for Windows ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1809 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Mike Russell <miker1222@yahoo.com> Sent: Thursday, July 13, 2023 8:48 AM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. Mike Sent from Mail for Windows ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1810 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Greg Seares <greg@bodegawinebar.com> Sent: Thursday, July 13, 2023 5:40 AM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you Greg Seares Co-Owner Bodega Wine Bar 814 Broadway ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1811 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Getz, Donna (Avison Young - US) <Donna.Getz@avisonyoung.com> Sent: Wednesday, July 12, 2023 9:06 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. Get Outlook for iOS ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1812 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) -----Original Message----- From: Kenzaburo Amanno <soshin9@gmail.com> Sent: Wednesday, July 12, 2023 8:59 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council mee�ng so these services can be implemented. Thank you. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1813 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Mark Schurgin <M.Schurgin@festivalcos.com> Sent: Wednesday, July 12, 2023 7:08 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of armed private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1814 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) -----Original Message----- From: Samantha Getz <samantharosegetz@gmail.com> Sent: Wednesday, July 12, 2023 6:24 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council mee�ng so these services can be implemented. Thank you. Samantha Getz ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1815 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Adam Mintz <adam@maxxamllc.com> Sent: Wednesday, July 12, 2023 6:11 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you, Adam M. Get Outlook for iOS ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1816 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Behrouz Soroudi <bsoroudi@maxxamllc.com> Sent: Wednesday, July 12, 2023 6:04 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. Behrouz Soroudi ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1817 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: dimitri fremont <dimitrifremont@gmail.com> Sent: Wednesday, July 12, 2023 5:28 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. -- Dimitri Fremont Fremont Metro Commercial, Inc 506 Santa Monica Blvd., Suite 223 Santa Monica, CA 90401 Mobile: 323 605 9468 Lic. 02001174 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1818 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Robin Bhalla <R.Bhalla@festivalcos.com> Sent: Wednesday, July 12, 2023 4:23 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. Robin Bhalla Vice President, Portfolio Leasing The Festival Companies DRE: 01738149 310.665.9686 r.bhalla@festivalcos.com festivalcos.com ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1819 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Bodega Santa Monica <santamonica@bodegawinebar.com> Sent: Wednesday, July 12, 2023 3:54 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1820 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Jeff Fisher <jeff@blenderseyewear.com> Sent: Wednesday, July 12, 2023 3:27 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. Respectfully, Jeff Fisher Blenders Eyewear ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1821 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) -----Original Message----- From: ALAN MONT <bigalod@aol.com> Sent: Wednesday, July 12, 2023 3:04 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council mee�ng so these services can be implemented. Thank you. Heather Mont/Resident ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1822 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) -----Original Message----- From: ALAN MONT <bigalod@aol.com> Sent: Wednesday, July 12, 2023 2:55 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council mee�ng so these services can be implemented. Thank you. Alan Mont/Resident ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1823 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Jason McEntee <jason@bodegawinebar.com> Sent: Wednesday, July 12, 2023 2:50 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; ************ I am one of the owners of Bodega Wine Bar on Broadway just east of Lincoln. We badly NEED security in addition to the Police to help with the growing number of incidents occurring at our location. Especially now with the parklet, our staff, and customers outside are sitting ducks for abuse from bad actors. ************ I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1824 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Jon Farzam <jonfarzam@shorehotel.com> Sent: Wednesday, July 12, 2023 2:49 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. Jon Farzam Vice President Shore Hotel, Ocean View Hotel, Santa Monica Motel 1447 Ocean Avenue, Santa Monica, CA 90401 p. 310.656.4530 | f. 310.458.0848 e. jonfarzam@shorehotel.com PURSUANT TO 18 UNITED STATES CODE SECTIONS 2510-2521 ELECTRONIC COMMUNICATIONS PRIVACY ACT THIS TRANSMISSION CONTAINS INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, PHOTOCOPYING OR DISTRIBUTION OF THESE CONTENTS IS UNAUTHORIZED AND PROHIBITED BY LAW. IF YOU HAVE RECEIVED THIS IN ERROR, NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES THEREIN! ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1825 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Rob LeMoine <Rob.L@festivalcos.com> Sent: Wednesday, July 12, 2023 2:43 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica- EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. Rob LeMoine 310.665.9605 Direct 310.968.3636 Mobile Rob.L@FestivalCos.com www.Festivalcos.com 13274 Fiji Way, Suite 200, Marina Del Rey Ca 90292 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1826 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Eli Mahl <E.Mahl@festivalcos.com> Sent: Wednesday, July 12, 2023 2:41 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1827 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Gail Enderwood <G.Enderwood@festivalcos.com> Sent: Wednesday, July 12, 2023 2:41 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. Sent from Mail for Windows ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1828 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Michelle Schurgin <Michelle.Schurgin@festivalcos.com> Sent: Wednesday, July 12, 2023 2:37 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1829 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: AJ Sacher <aj@barneysbeanery.com> Sent: Wednesday, July 12, 2023 2:19 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; We support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. We are halfway through our summer months and tourism has not come back, revenue is way below pre- pandemic levels, and both out-of-town visitors and local residents still have an unfavorable view of the Downtown area due to crime and blight. The proposed budget is a necessary step in the process of cleaning up the neighborhood, following strategies that have shown success in neighboring cities. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. AJ Sacher Barney's Beanery This message is for the designated recipient only and may contain privileged, proprietary, or otherwise private information. If you have received it in error, please notify the sender immediately and delete the original. Any other use of the email by you is prohibited. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1830 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Bruce Stevens <kootenai@hotmail.com> Sent: Wednesday, July 12, 2023 1:54 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. Sent from Mail for Windows ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1831 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) -----Original Message----- From: Jonathan Schurgin <JSchurgin@fes�valcos.com> Sent: Wednesday, July 12, 2023 1:40 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council mee�ng so these services can be implemented. Thank you. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1832 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: David Khedr <dkhedr@aol.com> Sent: Wednesday, July 12, 2023 1:36 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; As a property owner on the Promenade and resident of Santa Monica, I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. . David Khedr Khedr Management Company Property Management 1242 Third Street Promenade Suite # 206 Santa Monica, CA 90401  (310) 394-6791 This e-mail message and any attachments are intended solely for the individual or entity to which it is addressed, and is confidential. If the reader of this message and any attachments is not the intended recipient, you are hereby notified that any examination, distribution, or copying of the material is strictly prohibited. If you received this message in error, please notify the sender promptly and delete this message and any attachments. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1833 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From: Amanda Greenbaum <amanda@ajavineyards.com> Sent: Wednesday, July 12, 2023 1:28 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. Amanda Greenbaum Future Santa Monica Business Owner and new 2nd street Tenant ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1834 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Labays, Julien (MIR) To:councilmtgitems Subject:July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica Date:Thursday, July 20, 2023 10:21:45 AM EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. Julien Labays DIRECTOR OF HOTEL OPERATIONS Fairmont Miramar Hotel & Bungalows 101 Wilshire Blvd Santa Monica, CA 90401 T 310 899 4199 M 415 609 7816 Julien.Labays@Fairmont.com Fairmont-Miramar.com mh_email_sig_banner_spring_approved_300-014.19 Think before you print. Help reduce our environmental impact. This e-mail, any attachments and the information contained therein ("this message") are confidential and intended solely for the use of the addressee(s). If you have received this message in error please send it back to the sender and delete it. Unauthorized publication, use, dissemination or disclosure of this message, either in whole or in part is strictly prohibited. Ce message electronique ainsi que tous les fichiers joints et les informations contenus dans ce message (ci apres "le message"), sont confidentiels et destines exclusivement a l'usage de la personne a laquelle ils sont adresses. Si vous avez recu ce message par erreur, merci de le renvoyer a son emetteur et de le detruire. Toute diffusion, publication, totale ou partielle ou divulgation sous quelque forme que ce soit non expressement autorisees de ce message, sont interdites. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1835 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Jennifer Hover To:councilmtgitems Cc:David White; sedman@downtownsm.com; Misti Kerns; Evan Edwards Subject:Tuesday, July 25th City Council Meeting, Agenda Item 11: Downtown Santa Monica Date:Friday, July 21, 2023 12:42:27 PM Attachments:EMP Support DTSM Private Security.pdf SantaMonica_ExperienceManagementPlan_4.13.23_Pages[1].pdf EXTERNAL Good Afternoon, I hope you are doing well. Please find the attached documents in support of Agenda Item 11: Downtown Santa Monica from the Experience Management Plan Governance, Diversity of Experience and Safe and Clean Committees for the Tuesday, July 25th City Council Meeting. If you have any questions, please let us know. Thank you, Jen Hover Jennifer Hover (she/her) Executive Assistant SANTA MONICA TRAVEL & TOURISM 2427 Main Street, Santa Monica, CA 90405 E. jhover@santamonica.com P. 310.319.6263 W. santamonica.com Facebook \ Twitter \ Instagram \ LinkedIn \ Shopify \ Pinterest ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1836 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 2427 Main St, Santa Monica, CA 90405 santamonica.com 310.319.6263 July 21, 2023 City Council City of Santa Monica City Hall Council Chambers 1685 Main Street, Room 250 Santa Monica, CA 90401 Re: Tuesday, July 25th City Council Meeting, Agenda Item 11: Downtown Santa Monica Mayor Davis and Members of the Santa Monica City Council, The Experience Management Plan (EMP) committees have been working over the past year to help shape the future of Santa Monica’s experience for residents, visitors, and businesses. The attached plan is a 10-year framework and process customized to the experience of all who live, work and play in Santa Monica with the intention of creating a thriving and welcoming community far into the future. As we continue our work together, many community members participated in focus groups and surveys across the board, the subject of safety was a universally expressed concern for Santa Monica. The Safe and Clean and Diversity of Retail, Dining and Evening Experiences Committees of the EMP held a joint meeting on June 30th, 2023, at which time members voted to recommend support of the private security pilot program proposed by Downtown Santa Monica (DTSM), Inc. to the Governance Committee. The EMP Governance Committee subsequently voted to approve the recommendation of supporting the private security pilot program and thanking the board and staff at DTSM, Inc. for their community partnership during these demanding times. DTSM, Inc. heard from property owners, businesses, residents, and visitors that more must be done to respond to concerns regarding public safety. EMP Committees are composed of representatives from the same constituencies who share the same concerns. The impact that public safety has on the visitor, resident, and business experience cannot be overstated. Covered 6, the proposed security company, has worked successfully in other cities including Beverly Hills and has a reputation for exceptional training standards and customer service. The Committees strongly felt that the program would enhance public safety by having private security safely intervene in situations and deter certain behaviors from occurring. By enabling private officers to respond to calls and working directly with our police department, the program will contribute to a swift and effective resolution of security concerns, further strengthening ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1837 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 2427 Main St, Santa Monica, CA 90405 santamonica.com 310.319.6263 community trust and peace of mind. The one-year pilot also provides sufficient time to evaluate the efficacy of the program. As many of the behaviors that create public safety issues stem from mental illness, we urge the City to couple the addition of private security with continued efforts at the County and State levels to identify solutions. The EMP Governance, Clean and Safe, and Diversity of Experiences Committees urge the City Council to approve the one-year pilot program for private security support by Covered 6 to SMPD in our downtown area. Sincerely, Albin Gielicz, Chair - Governance Committee Peter Trinh, Chair – Diversity of Experiences Committee Andrew Thomas, Chair – Safe and Clean Committee ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1838 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Experience Management Plan A Framework for the Future 2022-2032 Santa Monica ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1839 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan2 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1840 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Wherever you go, go with all your heart.” — Confucius ““ ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1841 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) March 2023 Dear Santa Monica Community Members, On behalf of the City of Santa Monica and Santa Monica Travel & Tourism, we are pleased to share the updated Santa Monica Experience Management Plan (EMP), our shared roadmap for the long-term stewardship of our resident and visitor experience. This inclusive and comprehensive Plan is the first of its kind for our community. It represents the hard work and careful deliberation of dozens of stakeholders from throughout our community, including residents, civic leaders, elected officials, non-profit organizations and tourism and hospitality professionals. Some Background In early March of 2020, the original Plan was completed and in the final stages of preparing for implementation and launching the full range of associated activities. These steps were thwarted when the COVID-19 pandemic took hold, at which point we needed to place the EMP on pause and instead focus on the more immediate priority of health and wellbeing of those in our community and stabilizing revenues including our local travel & tourism industry. In early 2022, we started the process of updating the EMP, working with many stakeholders across the Santa Monica Community, just as we had in the first version of the Plan’s development. Looking Forward With our Plan update now complete, we are ready—and excited—to begin the process of implementation, which will continue to unfold over the coming years through 2032. There is much to do as we lock arms and embark on this important journey together. The path forward will be shared by many as we embrace our collective role as stewards of our community with a sharp focus on protecting the unique quality of life that makes Santa Monica so special, honoring our local culture and heritage, and preserving our natural resources and environment. We appreciate your ongoing commitment and engagement in this process and, of course, welcome your feedback. Your participation is both important and key to our shared success as a community. With gratitude, David White City Manager City of Santa Monica Misti Kerns President & Chief Executive Officer Santa Monica Travel & Tourism ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1842 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1843 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan6 Planning Methodology Phase One: Discovery Phase Two: Plan Development Key Trends Demand Trends Supply Trends Santa Monica’s Strengths and Challenges 15 23 Executive Summary 09 16 23 20 28 31 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1844 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Table of Contents Plan Implementation The Collective Impact Framework Plan Management Organization Governance and Communication Implementation Timeline Alignment with the City of Santa Monica’s Priorities53 Acknowledgements 55 63 Experience Management Strategies41 Our Vision for the Future37 56 57 58 60 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1845 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1846 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 9 Executive Summary With its beautiful coastline, walkable neighborhoods and multitude of activities, it’s not surprising to see Santa Monica touted as a top place to live, work and visit. Travel and tourism are integral contributors to creating and sustaining a vibrant Santa Monica experience for generations to come. Visitor spending directly supports many of the amenities our residents enjoy, such as a buzzing culinary scene and a rich diversity of exciting retail and entertainment options. As important, visitor spending also contributes needed funding for essential services, including investments in our community infrastructure, police and fire departments, as well as in our local schools. Although the Santa Monica experience is coming back strong following the pandemic, its ongoing vibrancy is not something we can take for granted. To ensure the Santa Monica experience and its positive contributions to our community continue to be strong, Santa Monica Travel & Tourism (SMTT) and the City of Santa Monica collaborated with dozens of stakeholders, community organizations, local businesses and residents to create an Experience Management Plan. What is an Experience Management Plan? Our Experience Management Plan (EMP) provides a 10-year (2022-2032) framework and process that is deeply customized to the local context in Santa Monica with the intention of creating a future where community and environmental needs are considered with the same weight as economic benefits, resulting in a thriving and welcoming community far into the future. Shaping the Santa Monica Experience Quality of Life in Santa Monica Growth in Tax Base Visitor Spend Things to Do & See Infrastructure & Services ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1847 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan10 What principles helped to shape the Plan? There are three foundational principles upon which the EMP was created. These principles will provide ongoing guidance as we work together to implement the Plan during the years ahead. Focusing on Santa Monica’s quality of life, culture & heritage, and natural resources Ensuring our decisions equitably support the full diversity of the Santa Monica community Diversity, Equity, Inclusion & Accessibility Promoting decisions and action steps that support sustainable practices Sustainability Who helped shape our Experience Management Plan? The City of Santa Monica and SMTT engaged Coraggio Group, a travel and tourism strategic consultancy, to guide the creation of the Experience Management Plan in close collaboration with team members from SMTT, the City, local businesses, community and cultural organizations, residents and other key stakeholders. Over the course of nine meetings totaling nearly 40 hours of planning time, a combined contribution of more than 500 hours of individuals’ time was committed. What did the process entail? The two-phase process began in 2018 with a comprehensive discovery phase that identified the key opportunities and threats related to the Santa Monica Experience and the root causes behind them. Stewardship ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1848 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 11 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1849 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan12 Phase One: Discovery The Coraggio team and their partners at Sparkloft Media took three steps to determine the root issues: conducting secondary research of relevant visitor and destination trends, engaging in primary research of resident and visitor perception, and developing a comprehensive “current state” Situation Assessment Report that provided the basis for the planning work. The Discovery process uncovered the following root causes tied to key opportunities and threats to the Santa Monica experience: Increased cost of doing business The cost of doing business in Santa Monica is increasing and is leading to a shift in the types of organizations that can afford to operate. Consequently, there is growing perception that Santa Monica’s business environment is becoming more homogenous, threatening the city’s unique vibe. Desire for more authentic Santa Monica experiences Residents, visitors and the media desire more uniquely-Santa-Monica attractions and authentic experiences to talk about and share. Challenges to the perception of our hotel product Positive perceptions of Santa Monica’s hotel product are at risk due to added costs, livability issues and the positive brand reputation of hotels in competitor destinations. Local livability issues are impacting the Santa Monica brand Safety, cleanliness and the perception of homelessness issues threaten the overall visitor experience and the continued strength of the destination’s brand. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1850 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 13 Phase Two: Planning The second phase of the process was the collaborative development of the Experience Management Plan. Over approximately 40 hours of planning during nine facilitated work sessions, the team considered the following topics: • Vision for the Santa Monica Experience • Current State of the Visitor Journey • Service / Industry Map Design • Preliminary Destination Strategies • Strategy Evaluation • Destination Strategies • Implementation Looking Ahead: Our Path Forward The planning team identified nine key strategies that will preserve the best parts of the Santa Monica experience and work to enhance lesser-known experiences or create new ones that will ensure Santa Monica’s ongoing allure for generations to come. 1. Highlight and leverage cultural happenings 2. Foster memorable accommodation experiences 3. Promote a diversity of retail, dining and evening experiences 4. Support livability for the Santa Monica community 5. Enhance mobility for Santa Monica visitors, residents and workforce 6. Ensure Santa Monica is a safe and clean place to live and visit 7. Support and enhance Santa Monica’s most important assets 8. Facilitate the viability of small and unique businesses 9. Sustainably invest in making Santa Monica the greenest beach city in the U.S. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1851 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan14 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1852 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 15 Planning Methodology Santa Monica Travel & Tourism and the City of Santa Monica guided the creation of the Santa Monica Experience Management Plan in close partnership with a diverse range of stakeholders from across the community. This section describes the methodology used in each phase of developing the Plan. Phase One: Discovery The purpose of the discovery phase was to develop a comprehensive understanding of Santa Monica’s “current state.” This phase culminated in the development of a Situation Assessment, which became the foundation for the development of the Experience Management Plan. The development of the Situation Assessment included three key steps: 1. Conduct secondary research of relevant visitor and destination trends 2. Engage in primary research of resident and visitor perception 3. Synthesize data and draw insights ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1853 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan16 Secondary Research Coraggio and their partners at Sparkloft Media took the following steps to complete the scan of existing relevant data and research: 1. Identify key visitor and destination trends that might influence visitor and resident perception of Santa Monica. 2. Collaborate with SMTT to identify key benchmark destinations as a backdrop for the study. The five destinations were determined to be: • San Diego • San Francisco • Santa Barbara • Seattle • Palm Springs These destinations were selected because they are in direct competition with Santa Monica for target visitor segments, or because they are West Coast cities that share similar challenges. 3. Analyze 7.8 million social media conversations to develop a preliminary understanding of resident and visitor sentiment with respect to three key topics: • Experience: activities such as shopping, dining, attractions, cultural experiences and the beach; and accommodations, with an emphasis on hotels, rentals, short term rentals and real estate • Economy & Infrastructure: jobs; Silicon Beach; events, meetings and conferences; bike share; traffic and parking; accessibility; and crime, safety and homelessness • Health & Wellness: mental health, physical health and activity, public health, work/life balance, positive outlook and the Wellbeing Project 4. Synthesize all secondary research findings and social media analysis to refine trends and identify areas for further exploration in the primary research effort. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1854 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 17 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1855 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan18 Primary Research The Coraggio and Sparkloft team implemented the following steps to complete the primary research on visitor and resident perceptions: 1. Collaborated with SMTT to finalize key audiences and determine how to best enlist each of them in contributing their perspectives to this work. The table below shows the tools used to engage each audience: 2. Conducted engagement activities with the support of SMTT and international partners. Tool Residents Domestic Visitors International Visitors Social Sentiment Digital Intercept Surveys Opt-In Surveys Focus Groups 1:1 Interviews ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1856 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 19 Primary Research Overview Coraggio and Sparkloft completed the engagement activities with the support of SMTT and international partners. In total, the activities resulted in the following engagement outcomes: Social Sentiment Sparkloft collected posts about or in six destinations between 1/1/2015 and 5/31/2018 from Facebook, Twitter, Instagram, Reddit, Google Plus, Tumblr, YouTube, forums, consumer reviews and blogs. The five competitor destinations were chosen for their combination of similar amenities, conditions and challenges. The volume of posts by destination was: • Santa Monica: 7.8 million posts • San Diego: 38.1 million posts • San Francisco: 113.5 million posts • Santa Barbara: 2.5 million posts • Seattle: 37.6 million posts • Palm Springs: 12.4 million posts Surveys Coraggio, Sparkloft and SMTT administered surveys online and in-person. These efforts yielded the following: • 2,347 resident responses • 349 domestic visitor responses • 312 international visitor responses Interviews Coraggio conducted one-on-one interviews, which included: • 35 resident community stakeholders Focus Groups Coraggio and SMTT’s international market partners facilitated eight focus groups to gather insights on the visitor experience and destination. These focus groups included: • Six groups of travel agents from Santa Monica’s top international markets: France, United Kingdom, Brazil, India, Australia and Germany • One group of select City of Santa Monica department heads • One group of Visit California leadership team members ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1857 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan20 Phase Two: Plan Development The Experience Management Plan was developed through close collaboration with a broad partnership of individuals who care very much about their city. Participants included representatives from SMTT, the City of Santa Monica, local businesses, community and cultural organizations and other key stakeholders who invested their time over the course of nine meetings totaling approximately 36 hours of planning work sessions. This was a significant and appreciated contribution on the part of all who were involved. Please see Acknowledgements, page 63, for a detailed list of planning participants. Planning was undertaken by two groups of representatives: • Core Team • Steering Committee The Core Team was the decision-making body, which held ultimate responsibility for approving each element of the Plan. The Steering Committee acted as an advisory body that co-created and recommended content. Meetings with these two bodies included: • Six meetings with the Steering Committee to develop the Vision for the experience of Santa Monica as a destination and to identify specific strategies to create the bridge between today and that vision for the future. From there, the team worked together to refine the implementation framework. • Three meetings with the Core Team to refine and finalize the Vision and Experience Management Strategies. Between meetings and at certain planning milestones, additional research and community engagement was conducted to test and validate various ideas. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1858 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 21 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1859 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan22 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1860 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 23 Key Trends Macro Travel Trends: Economic, Visitor and Industry This section of the Plan is organized in two categories: Demand Trends: What general demand trends are relevant today and need to be considered as we advance the Santa Monica experience? Supply Trends: Across the tourism industry, what key shifts are taking place within key facets of the Santa Monica experience, including accommodations, dining, retail, food and beverage, and attractions? Demand Trends There are several macro-level trends we believe are important from a big picture standpoint. Throughout the implementation of the Experience Management Plan, we will continue to monitor these and other trends and will work in collaboration with the community when certain trends are considered to have a material impact on our strategies and courses of action. Note: The following trend information was captured in October 2022. Resurgence in Travel Spending, but Sustained Economic Headwinds Travel demand continued to rebound over the past summer after remaining below 2019 levels since the start of the coronavirus pandemic. Overall travel spending finally met or exceeded its 2019 levels for four consecutive months between April and July 2022, but then dipped below 2019 levels in August.1 As more Americans completed their initial post-pandemic trips and came to face a sustained period of economic uncertainty, all ages and income groups reported being less likely to plan to travel for leisure in the next six months in the second quarter of 2022 compared to the first.2 Demand for hotels, luxury hotels and short-term rentals have all declined over the course of the summer as well.3 Internet activity indicates a sustained decline in interest to travel; Simpleview and Tempest data found that while still above 2019 levels, organic web sessions on over 300 DMO and CVB websites declined substantially month-over-month over the course of the summer through August.4 1 https://www.ustravel.org/research/travel-recovery-insights-dashbo 2 Ibid. 3 Ibid. 4 Ibid. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1861 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan24 5 https://www.nytimes.com/interactive/2021/us/covid-cases.html 6 https://go.morningconsult.com/rs/850-TAA-511/images/220819_State-of-Travel-and-Hospitality.pdf 7 https://www.cdc.gov/media/releases/2022/s0901-covid-19-booster.html 8 https://www.reuters.com/business/healthcare-pharmaceuticals/us-fda-authorizes-updated-covid-booster-children-aged-5-11-2022-10-12/ 9 https://www.hospitalitynet.org/news/4112329.html 10 Ibid. 11 https://www.reuters.com/business/healthcare-pharmaceuticals/monkeypox-cases-around-world-2022-05-23/ 12 https://rightasrain.uwmedicine.org/well/prevention/monkeypox 13 https://www.bea.gov/data/gdp/gross-domestic-product 14 https://www.forbes.com/advisor/investing/are-we-in-a-recession/ Moving Past Coronavirus (COVID-19) Stubborn Inflation and Longer-Term Price Impacts Coronavirus (COVID-19) cases in the United States steadily declined from the second half of the summer into the fall, with the rolling seven-day average of new cases sitting above 100,000 during the entire month of July but continuing to remain below 70,000 for the second half of September.5 A larger proportion of travelers in summer 2022 booked trips four to six months in advance instead of one to three months ahead compared to the preceding months,6 indicating that uncertainty around future coronavirus case counts has decreasing impact on people’s decisions to travel. The CDC also recommended a new booster shot for the highly contagious BA.5 subvariant to adults and teens in September,7 and for children up to five years old in October.8 Once these shots become more universally available, newly boosted individuals may temporarily become more likely to travel. Travelers’ interest levels in specific destination categories also signals a return to pre-pandemic preferences. A July 2022 STR study found that even as travelers continue to demonstrate more interest in countryside and outdoor getaways compared to other types of vacations, overall net interest in this destination type has declined slightly from its peak in early 2021.9 On the other hand, interest in city visitation, which initially declined during the pandemic as population-dense environments deterred travelers, finally surpassed pre-pandemic levels in July 2022.10 Other infectious diseases have recently entered the news cycle. MPox (previously known as monkeypox) was declared a public health emergency by the Department of Health and Human Services on August 4, 2022,11 roughly two weeks after the World Health Organization did the same. As of this writing, MPox is unlikely to significantly impact demand for travel; while there are tens of thousands of cases in the U.S., the disease is far less likely to be transmitted in public than coronavirus (COVID-19).12 However, the recent increase in reporting on infectious diseases beyond the coronavirus, while imperative from a public health perspective, may impact visitor perception of the safety of travel. Under one traditional definition, the two consecutive quarterly Gross Domestic Product contractions of 1.6% and 0.6% in Q1 and Q2, respectively,13 indicate that the U.S. is currently in a recession. Yet, economists at the National Bureau of Economic Research (NBER), who more open-endedly define a recession as a “significant decline in economic activity spread across the economy that lasts more than a few months,” hesitate to officially declare a recession.14 Recession or not, inflation remains high. While overall inflation decreased from its June and July figures of 9.1% and 8.5% respectively, it remained stubbornly high at 8.3% in August, surpassing market estimates of 8.1%. These figures prompted a 4% daily drop in the S&P 500 when published on September 13th, and another 0.75% increase in the federal funds rate with the goal of taming inflation. This will almost certainly reduce consumer spending, including on non-essential spending such as travel. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1862 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 25 15 https://go.morningconsult.com/rs/850-TAA-511/images/220819_State-of-Travel-and-Hospitality.pdf 16 https://www.ustravel.org/research/travel-recovery-insights-dashboard 17 https://travel.state.gov/content/travel/en/international-travel/before-you-go/covid-19_testing_required_US_Entry.html 18 https://go2.advertising.expedia.com/rs/185-EIA-216/images/Expedia_Group_Media_Solution_Q2_2022_Traveler_Insights_Report.pdf 19 https://go2.advertising.expedia.com/rs/185-EIA-216/images/Expedia_Group_Media_Solution_Q2_2022_Traveler_Insights_Report.pdf 20 https://globalnews.booking.com/download/1161485/booking.comsustainabletravelreport2022final.pdf 21 https://skift.com/2022/09/09/women-travelers-are-increasingly-making-political-choices-starting-with-hotels/ 22 https://www.euronews.com/travel/2022/06/29/inside-dubais-booming-food-scene Slow and Steady Return of International Travel While U.S. respondents were slightly less likely in July to say they were comfortable with international travel than in June, this shift was likely due to continued economic anxiety. Throughout the first half of 2022, comfort with international travel steadily increased even as coronavirus (COVID-19) cases remained elevated above their current levels.15 Concurrently, overseas arrivals increased steadily from 65% below 2019 levels in January to 35% below 2019 levels in August.16 With the June repeal of the coronavirus testing requirement for inbound travelers to the U.S.,17 international arrivals will likely continue to steadily recover. Destinations will need a renewed focus on catering to international visitors as they make up an increasingly larger share of their visitor populations. Continued Emphasis on Sustainable and Values-Driven Travel Travelers continue to care about their values when planning trips, and many place a premium on experiences that are not only accessible, but socially and environmentally responsible as well. A recent Expedia Group study found that 7 in 10 visitors would pay more for specific destinations and lodging, or transportation options that are more inclusive of all types of travelers.18 Travelers also increasingly care about social and environmental responsibility. Nearly two thirds of consumers would choose a travel option that supports local cultures and communities, even if it was more expensive.19 Booking.com’s 2022 Sustainable Travel Report found that half of global travelers say climate change has influenced them to make more sustainable travel choices, and that 71% of travelers want to make more effort in the next year to travel sustainably, a 10% increase from 2021.20 If destinations fail to reflect the values of different visitor audiences, they may lose business with those segments. A case in point is the U.S. Supreme Court’s overturning of Roe vs. Wade in June 2022, and the subsequent rush by some states to draft restrictive abortion laws. With 56% of U.S. leisure travelers identifying as women, boycotts of travel to those states will be more likely.21 Precedent suggests that the impact on tourism spending can be significant. In 2018, U.S. media outlets reported on a “Trump slump” for U.S. tourism estimated to cost the country $4 billion in lost spending and around 40,000 jobs.22 Tourism organizations should continue to track potential changes in visitor demand from this ruling and other politicized events. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1863 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan26 Continued Growth of Wellness Travel While travel focused on health and personal well-being is not new, wellness travel remains a lucrative segment of the travel industry whose appeal continues to grow. While the U.S. tourism market overall is expected to grow at just under 5% annually,23 most estimates of the wellness tourism market’s growth are substantially higher, ranging from 7% to 10% or more.24 Wellness travel also tends to attract high-spend visitors. Domestic wellness visitors spend over 75% more than other domestic visitors,25 and 39% of high-income consumers have a luxury or wellness trip planned for the next year.26 However, not an activity only for the wealthy, the appeal of wellness travel continues to broaden as the country cares more about health and wellness generally. Over three quarters of respondents to a recent American Express survey reported not only that they are more focused on health and wellness goals than in prior years, but that they are willing to spend more on travel that increases their well- being.27 Importantly, different people define wellness differently; wellness activities can range from hiking and biking to yoga to spa days. Given the wider national focus on physical and mental health, destinations that offer a selection of wellness activities at a variety of price points stand to be the most competitive. 23 https://www.statista.com/outlook/mmo/travel-tourism/united-states#:~:text=Revenue%20in%20the%20Travel%20%26%20Tourism,US%24211.10bn%20 by%202026. 24 https://www.einnews.com/pr_news/592055056/wellness-tourism-market-size-industry-share-analysis-report-and-forecast-2022-27 25 https://www.forbes.com/sites/alexandrakirkman/2021/12/31/new-year-2022-travel-trends-the-rebound-of-wellness-tourism/?sh=57d3b5616f96 26 https://newsroom.accenture.com/news/consumers-see-health-and-well-being-as-essential-spend-category-accenture-survey-finds.htm 27 https://www.forbes.com/sites/alexandrakirkman/2021/12/31/new-year-2022-travel-trends-the-rebound-of-wellness-tourism/?sh=57d3b5616f96 28 https://www.bls.gov/news.release/empsit.htm 29 https://www.ustravel.org/research/travel-recovery-insights-dashboard 30 https://www.ustravel.org/sites/default/files/2022-09/leisure-hospitality-employment_september-update.pdf 31 https://www.bls.gov/news.release/empsit.htm 32 https://www.bls.gov/news.release/pdf/empsit.pdf 33 https://www.ustravel.org/sites/default/files/2022-09/leisure-hospitality-employment_september-update.pdf 34 https://www.ustravel.org/sites/default/files/2022-09/leisure-hospitality-employment_september-update.pdf Leisure and Hospitality Workforce Shortages Remain, but May Abate in the Coming Months The past year’s strong job market remains a major reason for NBER’s continued hesitancy to declare a recession. The U.S. added 585,000 jobs in July,28 and due to job seekers’ strong bargaining power, many industries still struggle to retain workers. The leisure and hospitality industry still faces some of the worst staffing shortages; nearly 1 in 12 leisure and hospitality positions remain unfilled, one of the greatest employment gaps in any industry, resulting in lower levels of service across the travel industry.29 As a result, industry wages have risen substantially; while overall private sector nominal wages rose 5% between August 2021 and August 2022, leisure and hospitality wages rose 9%.30 However, the U.S. labor market, particularly the leisure and hospitality labor market, may be beginning to cool. The August new jobs figure of 315,00031 slightly missed expectations, and the unemployment rate ticked up from 3.5% to 3.7% in August.32 Additionally, the share of leisure and hospitality job openings out of total job postings has decreased in the last four months,33 suggesting that workers see these positions as comparatively more appealing relative to the overall job market than they did a few months ago. The job quits rate for leisure and hospitality has also declined relative to prior months.34 While the “Great Resignation” will remain a factor affecting service levels for some time, the leisure and hospitality industry may be starting to behave more similarly to the labor market as a whole. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1864 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 27 35 https://www.cnbc.com/2022/09/09/airlines-chaotic-summer-is-over-heres-how-it-went.html 36 https://go.morningconsult.com/rs/850-TAA-511/images/220819_State-of-Travel-and-Hospitality.pdf 37 https://thepointsguy.com/news/future-of-luxury-hotel-stays/ 38 https://www.ustravel.org/research/travel-recovery-insights-dashboard?check_logged_in=1 39 https://thepointsguy.com/news/future-of-luxury-hotel-stays/ 40 https://www.costar.com/article/862797832/higher-hotel-rates-sustainable-for-now-but-will-eventually-moderate 41 https://www.autoweek.com/news/industry-news/a40297985/rental-cars-summer-travel-season-problems/ 42 https://www.marketwatch.com/story/travel-prices-may-be-droppingis-now-the-time-to-book-a-trip-11663958070?mod=home-page 43 https://www.autoweek.com/news/industry-news/a40297985/rental-cars-summer-travel-season-problems/ Mistrust, Rather than Prices, Impacting Airline Volumes While consumers have cut back nonessential spending during this period of economic anxiety, another factor is driving reduced airline ticket sales despite declining ticket prices: reduced consumer trust in airlines. Cancellations and delays due to staffing shortages–to which airlines are particularly susceptible due to federally-mandated limits on pilot workdays–were substantially higher in most summer months this year than in 2019,35 causing a decrease in consumer trust toward many leading U.S. airlines.36 Unlike the wave of cancellations and delays in the winter, which consumers viewed as understandable and out of airlines’ control given high numbers of Omicron variant infections, this past summer’s staffing shortages were perceived as being the airlines’ fault. Airlines will need to win back the trust of consumers to regain their prior share of transportation traffic. Price Increases at High-End Accommodations While staffing shortages are forcing luxury hotels to increase their rates to maintain revenue at a lower occupancy, this may not impact the purchasing decisions of the typical high-end traveler. A lack of workers and a subsequent reduction in maximum occupancy rate has forced hotels to charge more to maintain profitability; luxury hotel rates are 25% more expensive today than in 2019.37 Revenue per available room (RevPAR) has also grown the most for resorts compared to all other accommodations since 2019.38 However, the consensus is that price increases have not meaningfully decreased demand for luxury accommodations, as luxury consumers are generally more time-poor than cash-poor. In fact, luxury hotel pricing growth had been slower than historical levels for the past decade.39 These price increases are less prominent among hotels as a whole; even though nominal ADR has been increasing rapidly, once inflation is accounted for, real ADR across the entire hotel industry is within 1% of pre-pandemic levels after remaining below them for over two years.40 Persistent Rental Car Shortage Even as many of the supply-chain shortages of earlier this year have been mitigated, the rental car market remains substantially under-supplied. Faced with an unprecedented decline in travel at the start of the pandemic, rental car companies sold off large portions of their inventories–depreciating assets with little value in the near term–and struggled to replenish their inventories when demand rose again in 2021. A worldwide microchip shortage has limited automakers’ abilities to build new cars, causing them to prioritize higher-margin, more expensive vehicles rather than the lower-margin base models most likely to populate rental fleets,41 making the problem more acute among rental car companies than car dealerships as a whole. The shortage may be growing less acute, and prices have started to drop. The August Consumer Price Index for rental cars was 46% above its 2019 figure as opposed to 70% in April,42 suggesting that as fewer people travel via airplane, fewer rental cars may be needed. However, the underlying issues of low supply are likely to persist,43 leaving travelers vulnerable to volatile spikes in rental car prices as demand fluctuates. This trend, combined with consumer mistrust of airlines and tighter spending habits, suggests that a higher proportion of travelers in the near future will choose to use personal vehicles for transportation. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1865 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan28 44 https://www.travelpulse.com/news/destinations/california-budget-invests-in-restoring-tourism-economy.html Additional Funding to Restore California’s Tourism Economy In 2021, California received $95 million in state tourism marketing stimulus, which helped fund Visit California programs to grow visitor spending in California 46% from 2020 to 2021 as the state’s tourism economy recovered from the pandemic. This funding was supplemented by an additional $15 million in the state’s budget this year, which aims to bring California’s tourism economy back to pre-pandemic levels in 2023. The money will primarily fund marketing programs promoting family travel, professional meetings and travel to California’s urban hubs. Initial projections estimate this spending will generate upwards of $4 billion in visitor spending in California businesses and create more than 35,000 travel and hospitality jobs.44 Supply Trends As air travel sharply declined with many airports closed by governments to stop the spread of COVID-19 and airlines cutting capacity in response, Santa Monica was especially hard hit. Annually, 50%+ of our visitors arrive from outside of the United States. Sales inquiries declined, a wave of cancelations was issued, groups stopped traveling and Santa Monica tourism receipts plunged, impacting revenues and taxes city wide. Jobs were lost and many hotels and businesses were closed, impacting our economy and our daily lives with many disruptions. While tourism revenues are not expected to fully recover until late 2024, Santa Monica is on the road to recovery. Domestic leisure travelers are driving demand, small groups have started to meet in person and international travel is recovering with re-opened borders and pent-up demand. We continue to experience consistent growth in occupancy to near—in some months exceeding—2019 numbers, with hotels posting record breaking rates over 2019. With public health impacting indoor business, Santa Monica quickly implemented new ways for businesses to remain in operation, with fees to implement the program fully paid for by the City for multiple years, resulting in millions in community benefits. More than 240 businesses benefited from the free Santa Monica Outdoors Temporary Use Program, and a permanent program was approved in 2022. Through this new permanent program, 46 parklet permit applications have been received and 32 agreements have been executed, adding to 71 businesses that already participate in the permanent sidewalk dining program. The City also waived outdoor fitness permit fees during the pandemic to support 34 businesses/trainers and to increase access to health and wellness events in our parks citywide (up from 11 in 2019). Despite a normalization in travel behaviors, there is limited post-pandemic data to illuminate the path forward. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1866 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 29 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1867 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan30 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1868 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 31 Santa Monica’s Strengths and Challenges This section explores the Santa Monica visitor experience related to the following tourism-related facets: • Accommodations • Dining and Retail • Attractions and Entertainment • Supporting Infrastructure • Tourism Management and Support Santa Monica Accommodations Experience Strengths Challenges • COVID-19 continues to impact the destination- wide occupancy for Santa Monica. In 2021, performance was 57%, down from 88% in 2019. The ADR in Santa Monica had risen to $376 in 2021. • The summer of 2022 indicates a growth in occupancy, closing the gap to an average of 10% below 2019 occupancy. The ADR has continued to rise by nearly 12%, on par with national trends. • Accommodations are largely a positive driver of perception for Santa Monica. Positive themes include luxury, boutique and proximity to the beach. Those who can afford Santa Monica’s luxury accommodations are satisfied with their experience. • Several Santa Monica hotel properties are currently reinvesting in both product and experiences offered. A new hotel has been approved on Ocean Ave. • Would-be visitors regularly complain on social channels about the lack of affordable accommodation and the high price of existing accommodations. • Some local stakeholders expressed concern about the supply of rooms. Occupancy rates are high and the future supply may not be able to accommodate future demand. This concern applies to both mid- and up-scale supply. • For those who can afford to stay in Santa Monica, the issue is not price but value of the total experience. International visitors complain about the addition of resort and parking fees on top of already high room rates. • Potential 1% increase of Transient Occupancy Tax (TOT). • Homelessness and safety are top keywords in social conversations about accommodations in Santa Monica. This suggests that it is also harming the perceived value of accommodations. • Major hotel investments in neighboring areas are competition for the luxury travel segment. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1869 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan32 The Santa Monica Dining and Retail Experience Strengths Challenges • Following outdoor activities, shopping is the primary driver of the entertainment conversation in Santa Monica. International visitors enjoy the mix of well-known brands at Santa Monica Place and local brands on side streets. • Perceptions of Santa Monica restaurants are positive and aligned with those of the competitive set. Upscale dining dominates positive conversations about Santa Monica restaurants, which is not surprising given the affluence of the visitor and resident populations. • As a result of the pandemic, outdoor dining has expanded significantly across the city, giving residents and visitors a new option for their dining experience. • Outdoor dining options are considered a positive draw for Santa Monica. • Several new restaurants have opened. • Social conversations show a strong link between restaurants, entertainment and shopping in Santa Monica. This suggests an opportunity for unique collaborations that span multiple facets of the visitor experience. • Luxury is a positive differentiator for Santa Monica when compared to its competitive set. This suggests that, while Santa Monica focuses on increasing dining diversity, it should not lose sight of its fine dining advantage. • The Promenade and Downtown Santa Monica’s (DTSM) new initiatives could be a significant catalyst for further strengthening the city’s dining and retail experience. • Santa Monica Place’s addition of the Cayton Children’s Museum has provided an added draw for residents and visitors. Another example is Lulu’s restaurant. • Santa Monica collaborated with Visit California and more than a dozen other California destination marketing organizations to bring back the California edition of the Michelin Guide in 2022. Santa Monica benefits from the global badge of credibility that comes with the Michelin Guide and research shows that “foodies” are among the highest-spending travelers. Santa Monica boasts two Michelin starred restaurants and over 17 Michelin recognized restaurants. • Residents and visitors want greater culinary diversity in terms of both food choice and price point. • The dispersed conversation topics about Santa Monica’s restaurant scene indicate that it offers many options, but lacks a signature experience, event or restaurant. The meals or occasion (brunch and happy hour) drive the conversation rather than specific restaurants, dishes or events, all of which are easier to own and defend by a destination. • Competition from online shopping and investments in other L.A. retail destinations have led to increased vacancies throughout the city. • The high and uncertain costs of running a business in Santa Monica are driving local retailers out. • A perceived lack of parking and difficulty getting around are issues for both residents and visitors, contributing to some negative sentiment in this facet. • Major investments in competing retail areas outside Santa Monica, such as The Grove, Westfield Century City and Beverly Hills, have increased competition. • Unanticipated increases in cost of goods and labor shortages threaten the number of unique dining options in Santa Monica. • Unregulated vendors can create challenges and communicating safety tips to the public needs improvement. • Outdoor dining experiences need to be expanded further to meet potential demand. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1870 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 33 The Santa Monica Attractions and Entertainment Experience Strengths Challenges • Historically, Santa Monica’s attractions are its biggest draw, with 46% of visitors choosing Santa Monica for the ability to walk to activities and 45% choosing the city for its proximity to the beach. • Entertainment is an anchor to the destination experience perception. It accounts for a larger volume of the social conversation than restaurants in about-market conversations. • Outdoor activities, which include the Santa Monica Pier and beach, are the most important category of attractions, driving the most social conversation (46% overall). Conversations about Santa Monica’s outdoor activities are more positive than those of its competitive set. • Health and wellness contribute to a positive visitor and resident experience. Key positive themes in this facet include yoga, fitness, meditation, farmers’ markets, spas and top hospitals. • Wellbeing has earned Santa Monica positive media mentions, suggesting an opportunity to further leverage this messaging to drive the media conversation. • Public transportation and ease of walking to most attractions in Santa Monica can enhance brand strength. • The number of social media posts that associate Santa Monica’s outdoor assets and activities with negative keywords and images related to cleanliness, homelessness and safety is growing. If SMTT and its partners do nothing to manage conversations, Santa Monica, like its competitors, could see negative keywords take over conversations about outdoor assets and activities. • The decline in the volume of conversation about outdoor activities reinforces the need for more authentic outdoor experiences. • Members of all groups want more cultural activities. Many suggested more events and festivals that highlight what is truly unique about Santa Monica. The significant rise in the number of people sharing and asking about cultural activities once in the community reinforces this point. • There is a perception of limited parking and significant congestion around key assets. • Excluding outdoor activities, entertainment drives a relatively small share of conversation about Santa Monica, compared to destinations in the competitive set. That the conversations about entertainment are more positive suggest that Santa Monica could further leverage this asset to support its brand perception. • The city’s nightlife and entertainment lack breadth and depth. Conversations are limited and concentrate on the perceived danger of being out late and day-trippers’ difficulty getting home again. • Safety perceptions and early closing of the Pier could have a negative impact on the city’s quality of life and visitor experience. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1871 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan34 Santa Monica Supporting Infrastructure Experience Strengths Challenges Transportation and Accessibility • Santa Monica is a walkable destination, which is a major driver of visitation. • The Metro provides accessibility to other parts of L.A. Safety • Among its competitive set, Santa Monica has a lower share of negative conversations related to cleanliness and safety. Cleanliness • Within the social conversation, hotels are a positive driver of perceived cleanliness. Services • The City is investing in initiatives to address the homelessness issue. • The City is investing in the creation of a long- term Economic Sustainability Plan. Public Facilities • Some stakeholders report a deficit of public restrooms across the city. Transportation and Accessibility • Transportation to/from Los Angeles International Airport (LAX) can be an issue. • Residents and stakeholders are frustrated by congestion and a lack of parking, although these factors are not barriers to visitation. • The wayfinding to facilitate visitors walking outside of the core is insufficient. Safety • The number of police officers. • Residents and stakeholders would like to see an increase in safety personnel in highly populated areas. • While overall crime statistics are trending down, the perception of safety challenges remain. Cleanliness • Water quality at the beach specifically related to the Pier and homelessness drive negative conversations about cleanliness. Workforce Housing • There is a deficit of workforce housing, which is a particular challenge for labor-intensive businesses in Santa Monica. Services • Homelessness is having a negative impact on the perception of the destination, specifically in key locations like the Pier, beach and boardwalk. It is also the main driver of negative conversations about safety in-market. • It is costly and time-consuming to open a business. • There is a lot of regulatory uncertainty about the cost of doing business in Santa Monica. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1872 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 35 The Santa Monica Tourism Management and Support Experience Strengths Challenges • SMTT, the City and its partners have a positive reputation for stewardship of the destination. • Elected officials value visitors’ contribution to the economy. • Residents are more aware of the value tourism brings to the City budget post pandemic. • Resident perceptions of the need for tourism vary, with the majority being apathetic and a minority being opposed and misinformed. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1873 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan36 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1874 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 37 Our Vision for the Future The vision for this Santa Monica Experience provides a north star for our Experience Management Plan over the 10-year planning timeframe. It describes the aspirational experience Santa Monica intends residents and visitors to have in 2032. The Steering Committee and Core Team worked collaboratively to create the vision from all phases of our stakeholder engagement and outreach efforts. In 2032, Santa Monica will redefine the quintessential Southern California urban beach experience. Future residents and visitors will appreciate Santa Monica as a community-minded retreat from the bustling Los Angeles metro—a place where everyone is welcome to recharge and reconnect with their family, friends and the outdoors. They will also find many new options for engaging and interacting with this wellness-focused city where diversity is embraced and where everyone can be their authentic self. New technologies will enable visitors to seamlessly plan their trip and arrival into the destination. Artificial intelligence tools that learn the preferences of specific travelers will generate customized itineraries and reservations in advance of arrival. For visitors who travel through Los Angeles International Airport, an interactive Santa Monica welcome experience will greet them to expedite their orientation and facilitate their transport to the city. For the trip into Santa Monica, be it from the airport or another point of departure, all visitors will be greeted by a personalized tour guide that accompanies them on their transport of choice into the city, turning the last leg of their journey into an enriching experience that builds anticipation of the experience they will have in Santa Monica. Even before arriving at their hotels, visitors will have access to a virtual check-in experience that will be confirmed by facial recognition at the door of the hotel, allow for customized arrival times and prorate room charges. The same systems that developed the visitors’ itineraries will ensure their rooms are pre-stocked with individualized amenities. Short-term rentals will likewise offer customized experiences that personalize the best Santa Monica has to offer, tailored for the specific needs and preferences of each traveler. Santa Monica’s accommodations will also showcase best-in-class sustainability programs and visitor education. The beautiful beach will continue to be at the heart of the Santa Monica experience—clean, pristine and reflective of a deep commitment to preserving the area’s natural resources. Unique dining, retail and outdoor activities will tempt residents and visitors to stop and explore as they make their way from the boardwalk down to a clean, safe and accessible waterfront. Once there, people can choose from a myriad of activities, from those available today such as surfing, swimming and volleyball, to new activities such as sustainably powered boat cruises. Our Vision for Santa Monica: 2032 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1875 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan38 The fun won’t stop when the sun goes down. Be it live music or a quiet gathering with friends, the re-energized beach scene will entice residents and visitors to stay and enjoy the Santa Monica coast just a bit longer. No trip to Santa Monica would be complete without exploring the iconic Santa Monica Pier. The Pier will represent a slice of classic Santa Monica life—showcasing local artisanal shops, restaurants and artists—and will serve as an incubator for local retail and dining businesses. Like the beach, the Pier will offer experiences for every resident and visitor from morning yoga to afternoon family activities to dinners at famed local restaurants and free live concerts at night. In addition to its global reputation for its iconic beach and Pier, Santa Monica will have a reputation as a celebrated arts destination. Murals and outdoor art will continue to enrich the pedestrian experience throughout the city. Galleries will showcase established artists, while an open maker space environment will provide up-and- coming artists affordable space to showcase their work. Major world-class arts events will tempt travelers to visit time and again to view and buy works from national and international galleries and art dealers. Museums, both established and new, will draw and delight visitors with their connection to Santa Monica’s unique vibe. Hotel guests will also enjoy cultural experiences woven into their hotel stay with opportunities to meet artists, art-themed rooms, and classes on site. As they explore this clean, sustainable, and safe city on foot, residents and visitors will take delight in the locally owned shops and restaurants around every corner. Maker spaces, pop-ups and public market concepts will offer artists, makers, restauranteurs and other local businesses affordable opportunities to do business in Santa Monica. Whether they seek a luxurious bespoke shopping experience followed by an intimate locally sourced dinner with a chef or a stroll through a public market to pick up a few small souvenirs and tasty treats, people will appreciate the community focus of Santa Monica’s thriving economy. When the sun goes down, residents and visitors will stay in Santa Monica to enjoy the variety of nightlife options available. Not only will more restaurants and bars stay open into the later hours, but special offerings like park walks and night spas will appeal to those who delight in Santa Monica’s wellness focus. Special evening activities and attractions will activate public spaces to help create a cohesive community experience as people easily travel from one place to the next. Residents and visitors will be able to navigate Santa Monica quickly and easily. Public and alternative transportation with dedicated rights-of-way will enable people to move across the city without a car, while an exceptional pedestrian environment will safely move visitors from one end of the city to the other by foot. Connections to Los Angeles and other neighboring cities will likewise be seamless, enabling visitors to stay in Santa Monica longer than they currently do and more easily use it as a home base for enjoying regional attractions and amenities. In 2032, tourism will still be a major part of Santa Monica’s economy with demand higher than ever thanks to the fantastic coverage of world class sporting events that have taken place in Los Angeles such as the World Cup and the Olympics, especially with the Olympic beach volleyball events being held in Santa Monica in 2028. At the same time, many of the tourism-related challenges of today will no longer exist. Better wayfinding and transportation will ease congestion and diffuse visitors across the city, and the comingling of residents and visitors will continue to help create a community atmosphere. Even more of Santa Monica’s residents will embrace visitors to their city—not only because of the energy and diversity they bring, but also because of the contributions they make to Santa Monica’s economy and quality of life. Whether you live, work or play in Santa Monica, the experience will truly “match the postcard.” ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1876 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 39 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1877 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan40 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1878 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 41 Experience Management Strategies Experience Management Strategies describe actions that SMTT, the City and its partners will take to ensure the long-term vibrancy of Santa Monica as a place to live, work and visit. There are nine strategies total, each with corresponding courses of action and measures of success. Because this Plan is meant to be responsive to the reality of the operating environment, strategies, courses of action and measures of success may shift over time. Strategies, Courses of Action and Measures of Success Our courses of action were designed to support each of the three unifying principles that acted as the guardrails for our planning and decision making: Stewardship — focusing on Santa Monica’s quality of life, culture and heritage, and natural resources Sustainability — promoting decisions and action steps that support sustainable practices Diversity, Equity, Inclusion and Accessibility — ensuring our decisions equitably support the full diversity of the Santa Monica community ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1879 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan42 STRATEGY #1: Highlight and leverage cultural happenings In addition to our renowned beach experience and globally recognized Santa Monica Pier, our community offers residents and visitors alike an exciting range of cultural experiences around the city. We will collaborate with partners and businesses to ensure these unique happenings are brought to the forefront, giving greater depth and breadth to the Santa Monica experience, thus enhancing the value proposition for those who call our community home and those who choose our destination as a place to visit and enjoy. Courses of Action • Increased number of cultural and historical experiences available • Increased visitation at cultural experiences and events • Increased number of visitors citing culture as a driver of intent to visit • Positive resident sentiment Curate DIY historical and cultural tours of Santa Monica Be proactive and responsive to innovation in the destination experience Reimagine transformational upgrades to the 3rd Street Promenade Support the Bergamot Station and Civic Auditorium redevelopment efforts Showcase Santa Monica’s unique history throughout the city Develop a Santa Monica Arts Month Leverage the public art program to fund iconic art projects Promote local cultural opportunities (e.g., Mi’s Westside Comedy Theater) Measures of Success ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1880 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 43 STRATEGY #2: Foster memorable accommodations experiences that enhance the value proposition Santa Monica’s accommodations are a strong driver of positive brand perception. However, accommodations of some competitor destinations performed better in the perception research. To maintain its edge, Santa Monica will need to continue to encourage the development of unique accommodations experiences, specifically those that leverage sustainability and/or technology to amplify the city’s reputation as Silicon Beach. Courses of Action • Increased favorable accommodations ratings • Increased revenue per available room (RevPAR) • Fiscal impacts of home share on existing accommodations and city revenue • Increased transit occupancy tax (TOT) revenue Evaluate the fiscal impacts of home sharing on existing hotels and City revenue Encourage investment in unique accommodations and experiences Leverage technology to innovate the visitor experience Promote and engage with programs that minimize the environmental impact of Santa Monica’s visitor-serving businesses and accommodations Support the Ocean Avenue Project and related cultural amenities Measures of Success ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1881 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan44 STRATEGY #3: Promote a diversity of retail, dining and evening experiences Shopping and dining are top drivers of Santa Monica’s brand perception. Visitors appreciate the mix of well- known, high-end brands at Santa Monica Place and local brands in the neighborhoods. Fine dining also dominates dining conversations. Both residents and visitors would like to see Santa Monica build on this strong foundation with a greater diversity of retail and dining experiences, particularly those that are open later into the evening. Courses of Action • Increased percentage of “legacy” restaurants that are locally/regionally owned • Increased number of evening entertainment options and venues • Increased activations of public spaces resulting from a supportive regulatory environment • Increase in permanent outdoor dining program locations Provide increased opportunities for expansion of permanent outdoor dining program Revisit regulations for indoor/outdoor evening entertainment venues Amplify efforts to create a permanent, year-round market geared toward makers and other small authentic vendors Develop evening experiences that align with and amplify Santa Monica’s brand Collaborate with partners to activate public spaces, enhancing the overall destination experience Measures of Success ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1882 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 45 STRATEGY #4: Support livability for the Santa Monica community For Santa Monica to remain a vibrant destination for visitors well into the future, it must first ensure a thriving community for its residents. Livability issues, including the high cost of living, insufficient access to support systems and services for those experiencing homelessness, and declining perceptions of safety and cleanliness threaten the health of the local community and require action. Courses of Action • Increased access to workforce and affordable housing • Decreased percentage of people who work in Santa Monica and commute 45 minutes or more to work • Decreased number of unsheltered in the annual count in Santa Monica Further explore the creation of a nonprofit to facilitate innovative solutions to livability issues Advocate for state legislative reform on livability issues of local importance Expand transition assistance programs and facilities Enhance access to housing, services and behavioral healthcare Encourage increased housing and transportation affordability for Santa Monica residents and its workforce Measures of Success ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1883 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan46 Create safe, connective and sustainable infrastructure for more accessible mobility for all Advocate for the expansion of reliable citywide high-speed Wi-Fi Invest in innovative, sustainable and experiential crosstown transit Explore participation in regional advocacy that supports a vibrant community-wide transportation system STRATEGY #5: Enhance mobility for Santa Monica visitors, residents and workforce Many visitors choose Santa Monica over destinations in the Los Angeles Metro area because of its walkability. There are several opportunities to improve the connectivity of Santa Monica’s neighborhoods, thus ensuring that residents and visitors can navigate out of the center to experience all that Santa Monica has to offer. Ideally, these connectivity opportunities should serve as interesting experiences in-and-of-themselves. Courses of Action • Zero pedestrian fatalities • Decreased demand for parking • Increased pedestrian counts in target areas • Increased placemaking score (Based on Project for Public Spaces framework) Measures of Success ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1884 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 47 Strategy #6: Ensure Santa Monica is a safe and clean place to live and visit Perceptions of safety and cleanliness in Santa Monica continue to decline. Although statistics show that Santa Monica is a clean and safe place to live, work and visit, negative perceptions should signal that proactive steps are needed to address concerns. Courses of Action • Increased positivity of social media perceptions of cleanliness and safety • Increased resident satisfaction with safety and cleanliness • Decreased number of complaints related to livability issues Expand de-escalation training to businesses and individuals to minimize conflict situations and reduce need for police intervention Educate residents and visitors about responsible behavior and safety Explore innovative and sustainable models for improving the perceptions of Santa Monica as a well-maintained and safe destination Develop an integrated Crisis Communications Plan across business, government and the larger community Leverage technology for efficient safety monitoring, reporting and response time Measures of Success ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1885 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan48 STRATEGY #7: Support and enhance Santa Monica’s most important assets The Santa Monica beach and Pier are the largest drivers of positive brand perception; however, increasing perceptions that the Pier and beach are not always clean and safe and that they lack authentic, uniquely Santa Monica experiences, represent a threat to these important assets. Nurturing these assets to ensure they continue to attract visitors and provide a positive experience is a top priority. Courses of Action • Increased duration of visits to the beach and Pier • Completion of the Pier Bridge by 2028 • Increased resident and visitor satisfaction with the beach and Pier experience • Increased sales tax receipts at businesses on the beach and Pier Expedite the development of the new Pier Bridge Curate new beach and Pier experiences Integrate sustainability into beach and Pier experiences Collaborate with other regional partners to create a positive identity for the region Be a leader and strong partner in protecting and safeguarding the well-being of our ocean Measures of Success ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1886 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 49 STRATEGY #8: Facilitate the viability of small and unique businesses Residents and visitors expressed their strong desire for more uniquely Santa Monica experiences. This requires a business environment that attracts and nurtures entrepreneurs and small businesses, enabling them to test new concepts and grow those that show promise. The Situation Assessment suggests that the primary barrier is the regulatory environment. Working closely with the City to identify effective solutions that help ease the way for new business ventures to get off the ground will be a productive step and go far in positioning Santa Monica as an attractive place to start a new business. Courses of Action • Increased number of new business permits • Increased small business survivability rate • Decreased time between lease signing and opening day • Decreased retail vacancy rate Investigate the feasibility of local management of film permits and incentives to allow for a more deliberate shaping of Santa Monica’s reputation in popular media Adopt regulations that provide support for local businesses, particularly those unique to Santa Monica, to thrive Establish incentives for property owners and landowners that result in more affordable options for businesses Collaborate with other regional partners to create a positive identity for the region Measures of Success ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1887 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan50 STRATEGY #9: Sustainably invest in making Santa Monica the greenest beach city in the U.S. Santa Monica is a leader in sustainable practices and policymaking. Examples include green building technology, beach- and ocean-safe policies, electric or natural gas public transportation options, and many other hallmarks of an environment-friendly city. By leveraging our community's commitment to protecting and preserving our environment and natural resources, Santa Monica can become the greenest beach city in the U.S and become the standard by which others are measured. Courses of Action • Consistently achieve an A rating for water quality • Fifty percent of Santa Monica hotels boasting LEED certification • More electric, hybrid and natural gas vehicles on the streets than gas only vehicles • New businesses in Santa Monica adopting sustainable practices Launch electric vehicles on the beachfront Update Master Sustainability Plan Collaborate with local environmentally oriented non-profit organizations Measures of Success ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1888 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 51 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1889 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan52 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1890 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 53 Alignment with the City of Santa Monica’s Priorities The following table lists the Experience Management Plan strategies and indicates how they map to City priorities as of the fall of 2022. The Experience Management Plan’s Alignment with the City of Santa Monica’s Priorities City of Santa Monica Priorities (As identified by City Council as part of the FY 21-23 budget) Experience Management Plan Strategies A clean and safe community: Create an atmosphere marked by clean and safe public spaces and neighborhoods. • Ensure Santa Monica is a clean and safe place to live and visit • Sustainably invest in making Santa Monica the greenest beach city in the U.S. • Promote and enhance Santa Monica’s most important assets Addressing homelessness: Prevent housed Santa Monicans from becoming homeless, address the behavioral health needs of vulnerable individuals, advocate for regional capacity to address homelessness, and maintain access to safe, fun and healthy open spaces. • Ensure Santa Monica is a clean and safe place to live and visit • Support livability for the Santa Monica community • Enhance mobility for Santa Monica visitors, residents and workforce An equitable and inclusive economic recovery: Cultivate equitable and inclusive economic opportunity and recovery, including access for all community members to educational, employment and economic resources and opportunities, and create a community where differences in life outcomes cannot be predicted by race, class, gender, disability or other identities. • Facilitate the viability of small and unique businesses • Promote the diversity of retail, dining and evening experiences • Highlight and leverage cultural happenings • Enhance mobility for Santa Monica visitors, residents and workforce • Foster memorable accommodation experiences that enhance the value proposition • Promote and enhance Santa Monica’s most important assets ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1891 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan54 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1892 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 55 Plan Implementation Having a clear strategy for how the Experience Management Plan will be implemented is key to the Plan’s success. This section describes the framework that will help to focus the work over the 10-year planning horizon. The Collective Impact Framework We will utilize a Collective Impact Framework to guide the ongoing implementation of the Experience Management Plan. The Stanford Social Innovation Review describes a collective impact model as: The commitment of a group of important [contributors] from different sectors to a common agenda for solving a specific social problem. Collaboration is nothing new, but collective impact initiatives are distinctly different. Unlike most collaborations, collective impact initiatives involve a centralized infrastructure, a dedicated staff and a structured process that leads to a common agenda, shared measurement, continuous communication and mutually reinforcing activities among all participants.46 46 https://ssir.org/articles/entry/collective_impact ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1893 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan56 A Collective Impact Framework has five critical components. The graphic below identifies this system of components and is followed by descriptions of each component specific to the implementation of the Santa Monica Experience Management Plan. Common Agenda The Five Conditions of Collective Success Plan Management Organization Continuous Communication Mutually Reinforcing Efforts Shared Measures of Success Common Agenda The participants in this Collective Impact approach to implementing the Experience Management Plan will work toward the same goal, fully embracing the Vision expressed for Santa Monica earlier in this document. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1894 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 57 Public Safety Sustainability and the Environment City Commissions Santa Monica Travel & TourismCities CommunityBackbone Planning and Community Development Cultural Affairs with Community and Cultural Services Mobility Homelessness Advocacy Chamber of Commerce Residents Funders Business Improvement Districts Restaurant, Hotel and Tech Industry Representatives Real Estate Higher Education Measures of Success Plan Management Organization The Measures of Success for the Collective Impact Framework are the same as those indicated for each of the nine strategies described earlier in this document. As implementation of the Plan progresses, these Measures will be the indicators for whether specific Strategies are producing the desired impact, or whether course correction is necessary. While it will be important to track these Measures every year, it will be especially important to measure progress in the years 2024 and 2027 when the Plan undergoes a thorough review and refresh to ensure its continued relevance. Although a Collective Impact Framework, by definition, involves multiple collaborators over time, only one organization should take responsibility for management and oversight of the common agenda. This organization is called the Plan Management Organization. SMTT will fill this role as a neutral party, providing implementation management and oversight in close partnership with the Governance Committee. The Governance Committee (see Governance & Communication, below) will include representatives from many organizations across the Santa Monica community. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1895 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan58 Governance and Communication The Experience Management Plan Governance Committee should include representatives who can consistently reflect the following perspectives at a minimum: Committee members may represent more than one of these perspectives. To the degree possible, the Committee should represent these interests with a group of individuals that is reflective of the diversity of Santa Monica’s residents and visitors. • City of Santa Monica • All Business Improvement Districts • Chamber of Commerce • Restaurants • Hotels • Tech Industry • Homelessness Advocacy • Various City Commissions • Residents • Funders • Higher Education • Real Estate Communications Plan SMTT and the Governance Committee will need a strong communications plan to ensure the Governance Committee, elected officials, key stakeholders and residents have the information they need to engage with and support implementation of the Plan over the course of the 10-year planning horizon. The Governance Committee is the most important audience for the communications plan, as successful communication between SMTT as the Plan Management Organization and Committee members will be integral to successful implementation. The communications plan should include how often the Committee will meet, how progress will be monitored and reported, who will receive reports, and how contact and momentum will be maintained between meetings. Strategy Committees Strategy Committees will be formed for each Experience Management Plan strategy. Each Committee will be comprised of community stakeholders who will convene regularly to collaborate on the development of courses of action, review progress over time, and provide course correction recommendations when appropriate. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1896 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 59 Governance Committee Meeting Topics Mutually Reinforcing Efforts Regular Governance Committee meetings will cover the following topics: • Prioritization of Experience Management Strategies • Assignment of a task force (or recognition of existing bodies) to implement each Experience Management Strategy and related courses of action • Task force updates to the Committee • Implementation strategies, timelines and course corrections • Engagement/communication needs within the broader stakeholder community (e.g., elected officials, key stakeholders and residents) Every three years, the Plan Management Organization and Governance Committee should focus their efforts on refreshing the Experience Management Plan to ensure its ongoing relevance and responsiveness to local, national and international trends and data. Every 10 years, the Governance Committee should complete a comprehensive overhaul of the Plan; however, the spirit of the Vision should remain largely, if not completely, intact. Because a Collective Impact Framework brings together a diversity of organizations, each with their own unique missions, it is important to be specific about what each will contribute to the shared effort. Some key aspects of these mutually reinforcing efforts are indicated below for the primary organizations involved in the implementation of the Plan (SMTT and the City), as well as partner organizations that will be part of the Governance Committee. SMTT • Promotes visitation • Serves as the Backbone Organization based on the Collective Impact Framework • Regularly and proactively communicates to stakeholders • Identifies key partners and champions • Supports task forces to ensure ongoing momentum • Identifies funding sources City Government • Enables retention and acquisition of businesses • Provides available funding for efforts adopted by City Council • Makes it easy to do business in Santa Monica • Provides oversight and ownership of City-related issues • Identifies key partners and champions • Identifies future funding sources Partners • Supports adjacent sector and neighborhood goals • Identifies key partners and champions based on courses of action • Identifies funding sources ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1897 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan60 2022 Lay the groundwork for successful Plan implementation by kicking off the Governance Committee, prioritizing Experience Strategies, assigning task forces to begin implementation of select Strategies and continuing to foster buy-in and momentum for implementation 2023 Implement Strategies identified as priorities for this year 2024 Implement Strategies identified as priorities for this year and complete a Plan refresh 2024-26 Implement Strategies identified as priorities for each of these years 2027 Implement Strategies identified as priorities for this year and complete a Plan refresh 2028-29 Implement Strategies identified as priorities for each of these years 2030 Implement Strategies identified as priorities for this year and complete a comprehensive Plan reboot Implementation Timeline Over time, the activities will evolve as goals are achieved or as measures of success indicate needed course correction. The 10-year Plan implementation cycle will be organized as follows: ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1898 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 61 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1899 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan62 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1900 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 63 Acknowledgements The development of the original plan, just prior to the outbreak of COVID-19 worldwide, and the 2022 update were both made possible by the dedication and commitment of leaders from throughout our community. We are grateful for their efforts and tremendous contribution to making the Santa Monica Experience Management Plan a reality. Santa Monica Travel & Tourism and the City of Santa Monica want to thank the following individuals who collectively dedicated hundreds of hours to the creation of the core components of the Santa Monica Experience Management Plan. While most committee members are residents of Santa Monica, some live outside our city limits and either lead or own a business in the city and share a longstanding commitment to our collective success as a community. 2022 Experience Management Plan Update Team: • Younes Atallah, GM, Loews Santa Monica Beach Hotel • Alyssa Dorn, Operations Coordinator, SMTT • Mandy Eck, Director of Marketing, SMTT • Evan Edwards, Chief Operating Officer, SMTT • Christine Emhardt, Former Marketing Coordinator, SMTT • Kristin Farrel, Global Business Development Coordinator, SMTT • Michael Gurrieri, Chief Marketing Officer, SMTT • Misti Kerns, President & Chief Executive Officer, SMTT • Rachel Lozano, Chief People Officer, SMTT • Kevin Linares, Client Services Coordinator, SMTT • Todd Mitsuhata, Former Director of Global Business Development, SMTT • Stephanie Nakasone, Global Sales & Services Manager, SMTT • Ozzie Otero, National Sales Manager, SMTT • Cara Rene, Former Director of Communications, SMTT • Elaine Polachek, Consultant, Kings Road Consulting • Aaron Seals, Operations Manager, SMTT • Danny Tec, Travel Specialist, SMTT • Luis Vasquez, Travel Specialist, SMTT • Jan Williamson, Executive Director of 18th Street Arts Center, Member of the SMTT Board of Directors Governance Committee • Younes Atallah, General Manager, Loews Santa Monica Beach Hotel • Ramon Batista, Chief of Police, SMPD • Neil Carrey, Chairman, SMTT Board of Directors • Susan Cline, Assistant City Manager, City of Santa Monica • Albin Gielicz, Resident, SMTT Chairman’s Circle • Misti Kerns, President and CEO, Santa Monica Travel & Tourism • Judy Kruger, Resident; President and CEO, Santa Monica Chamber of Commerce • Raphael Lunetta, Owner, Lunetta • Rob Schwenker, Executive Director, Santa Monica History Museum ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1901 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan64 Inaugural Strategy Committees Committee to Ensure Santa Monica is a Safe and Clean Place to Live and Visit • Andrew Thomas, CEO, Downtown Santa Monica • Becky Warren, Resident • Judy Abdo, Resident • Danny Alvarez, Fire Chief, SMFD • Lauralee Asch, SMTT Board of Directors • Lindsay Call, Chief Resilience Officer, City of Santa Monica • Darrick Jacob, Deputy Chief, SMPD • Peter James, COO, City of Santa Monica Public Works Department • Ed King, Director of Transit Services, City of Santa Monica • Jeff Klocke, Vice President & General Manager, Pacific Park, SMTT Board of Directors • Charlie Lopez-Quintana, Managing Director, ETC Hotels, SMTT Board of Directors Committee to Highlight and Leverage Cultural Happenings • Rob Bailis, Resident; Artistic and Executive Director, BroadStage • Marisa Caichiolo, Resident; Founder & Executive Director, Building Bridges Art Exchange (BBAX) • Shannon Daut, Cultural Affairs Manager, City of Santa Monica • Darlene Evans, Member, SMTT Board of Directors • Jennifer Ferro, President, KCRW • Jim Harris, Executive Director, Santa Monica Pier Corporation • Allison Ostrovsky, Cultural Affairs Supervisor, City of Santa Monica • Rodney Punt, Resident; SMTT Chairman’s Circle • Allison Sampson, Resident; Co-Executive Director, Santa Monica Conservancy • Jan Williamson, Executive Director, 18th Street Arts Center; Member, SMTT Board of Directors Committee to Promote Diversity of Retail, Dining and Evening Experiences • Peter Trinh, Board Member and Business Owner, Downtown Santa Monica • Stephanie Eglin, General Manager, Santa Monica Place • Sean Besser, Resident; Vice President, Ocean Park Association • Kera Blades-Snell, Member, SMTT Board of Directors • Elise Freimuth, Resident; Director of Communications, Rustic Canyon Family • Hunter Hall, Executive Director, Main Street Business Improvement Association • David Martin, Director of Planning and Community Development, City of Santa Monica • Anthony Schmitt, Resident; Chair, Main Street Business Improvement Association • Nathan Smithson, Director of Marketing and Business Development, Pacific Park on the Santa Monica Pier • Claire Soley Hutchens, Co-Owner and Vice President of Operations, The Gourmandise School • Dr. Clare Thomas, Resident; Vice President, Friends of Sunset Park • Ted Winterer, Resident; Former Councilmember • Rob York, Resident; President, York Consulting Group Committee to Support Livability for the Santa Monica Community • Tara Barauskas, Executive Director, Community Corporation of Santa Monica • Dom Bei, Santa Monica Firefighter • Alexander Cameron, Vice President of Leasing, Los Angeles Region, Boston Properties • Karen Ginsberg, Member, SMTT Board of Directors • Jeff Jarow, Resident; Vice President, Par Commercial Brokerage • Evelyn Lauchenauer, Resident; Board Member, North of Montana Association (NOMA) • John Maceri, CEO, The People Concern • Pam O’Connor, Resident; Former Councilmember and Mayor; Member, Chamber of Commerce; Member, California Transit Association Board • Michael Ricks, CEO, Providence St. John’s • Janet Rimicci, RN, MSN, Resident; Senior Director, UCLA Health • Bianca Smith, Assistant Vice President, Program Operations, Chrysalis • Setareh Yavari, Housing and Human Services Manager, City of Santa Monica ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1902 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 65 Plan Implementation Facilitators • Evan Edwards • Michael Gurrieri • Misti Kerns • Rachel Lozano • Elaine Polacheck Plan Update Consultant Team • Elaine Polacheck, Principal, Kings Road Consulting • Trever Cartwright, Partner, Coraggio Group • Brad Simmons, Art Director, Coraggio Group 2019/20 Original Core Team • Andy Agle, Director of Housing and Economic Development, City of Santa Monica • Anuj K. Gupta, Deputy City Manager, City of Santa Monica • Omark Holmes, Director of Marketing, Santa Monica Travel & Tourism • Misti Kerns, President & CEO, Santa Monica Travel & Tourism • Debbie Lee, Chief Communications Officer, City of Santa Monica • Katie Lichtig, Assistant City Manager/Chief Operating Officer • Kim Sidoriak, Chief Marketing Officer, Santa Monica Travel & Tourism Stakeholder Committee • Richard Chacker, President/Owner, Perry’s Café and Beach Rentals • Hunter Hall, Executive Director, MSBIA • Damien Hirsch, General Manager, JW Marriott Santa Monica Le Merigot • Matthew Lehman, General Manager, Fairmont Miramar Hotel & Bungalows • Kathleen Rawson, CEO, Downtown Santa Monica, Inc. • Laurel Rosen, President/CEO, Santa Monica Chamber of Commerce • Negin Singh, Executive Director, Santa Monica Pier • Nathan Smithson, Marketing Manager, Santa Monica Pier • Francie Stefan, Mobility Manager, City of Santa Monica, Mobility Division • Sue Bell Yank, Director of Marketing, 18th Street Arts Center Consultant Team • Trever Cartwright, Partner, Coraggio Group • Arianna Howe, Vice President of Client Services, Sparkloft Media • Matthew Landkamer, Coraggio Group • Jaclyn Osterloh, Account Director, Sparkloft Media • Alexandra Reese, Associate Principal, Coraggio Group ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1903 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan66 Interviewees & Focus Group Participants • Judy Abdo, Board Member, Santa Monica Pier Corporation • Lauralee Asch, Resident • Caroline Beteta, President & CEO, Visit California • Michael Bridges, General Manager, Viceroy Santa Monica • Juan Carerro, Parking Administrator, City of Santa Monica - Transportation Engineering & Management • Lynn Carpenter, Vice President of Marketing, Visit California • Neil Carrey, Resident, Baker Hostetler • Rick Cole, City Manager, City of Santa Monica • Shannon Daut, Cultural Affairs Manager, City of Santa Monica - Cultural Affairs Division • Gleam Davis, Mayor, Santa Monica City Council • Stephanie Eglin, Senior Manager, Marketing, Santa Monica Place • Leah Edwards, General Manager, Oceana Santa Monica • Darlene Evans, Resident • Nicole Flynn, AVP Marketing, Macerich/Santa Monica Place • Nan Friedman, Manager, Annenberg Community Beach House • Albin Gielicz, Resident • Karen Ginsberg, Director of Community and Cultural Services, City of Santa Monica - Community & Cultural Services • Linda Greenberg, Executive Director, Santa Monica Malibu Education Foundation • Jason Harris, Economic Development Manager, City of Santa Monica - Economic Development Division • Patricia Hoffman, Vice Chair, Downtown Santa Monica, Inc. • West Hooker, Owner, Lago/Café Bellagio • Darrick Jacob, Captain, Santa Monica Police Department • Jeff Jarow, Vice President, Par Commercial Brokerage • Kathryn Jeffery, Ph.D., Superintendent and President, Santa Monica College • Jeff Klocke, General Manager, Pacific Park • Dean Kubani, Director, City of Santa Monica - Office of Sustainability and the Environment • Julia Ladd, General Manager, Santa Monica Place • Laura Lieberman, Board of Education President, Santa Monica Malibu Unified School District • Raphael Lunetta, Owner, Lunetta/Lunetta All Day • David Martin, Director of Planning and Community Development, City of Santa Monica - Planning & Community Dev • Derek McCann, General Manager, Loews Santa Monica Beach Hotel • Laura McIver, General Manager, Shutters on the Beach • Kevin McKeown, Council Member, Santa Monica City Council • Judith Meister, Beach Administrator, City of Santa Monica - Community & Cultural Services • Klaus Mennekes, Vice President and Managing Director, Edward Thomas Collection • Greg Morena, Owner, The Albright • Brian Murphy, General Manager, Doubletree Guest Suites Santa Monica • Ellis O’Connor, Owners Representative, MSD Capital, Fairmont Miramar Hotel & Bungalows • Alisa Orduna, Senior Advisor on Homelessness, City of Santa Monica - City Manager’s Office • Gerry Peck, General Manager, Shore Hotel • Leona Reed, Associate VP of Global Marketing, Visit California • Rosemary Regalbuto, Resident • Cynthia Renaud, Police Chief, City of Santa Monica - Police Department • Ron Robinson, President, Ron Robinson • Francie Stefan, Mobility Manager, City of Santa Monica • Joyce Syme, General Manager, Seaview Hotel • Nat Trives • Ted Winterer, Council Member, City of Santa Monica • Rob York, Principal, York Consulting Group ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1904 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 67 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1905 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan68 The best time to plant a tree was 20 years ago. The next best time is now.” — Anonymous “ ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1906 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Santa Monica | Experience Management Plan 69 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1907 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) The Santa Monica Experience Management Plan is for happy people in a happy city. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1908 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Jennifer Hover To:councilmtgitems Cc:David White; Ramon Batista; Misti Kerns Subject:Tuesday, July 25th City Council Meeting, Agenda Item 11: Downtown Santa Monica Date:Monday, July 24, 2023 2:08:03 PM Attachments:SMTT - DTSM Private Security Letter.pdf EXTERNAL Good Afternoon, I hope you are doing well. Please find the attached documents in support of Agenda Item 11: Downtown Santa Monica from the Santa Monica Travel & Tourism Board of Directors for the Tuesday, July 25th City Council Meeting. If you have any questions, please let us know. Thank you, Jen Hover Jennifer Hover (she/her) Executive Assistant SANTA MONICA TRAVEL & TOURISM 2427 Main Street, Santa Monica, CA 90405 E. jhover@santamonica.com P. 310.319.6263 W. santamonica.com Facebook \ Twitter \ Instagram \ LinkedIn \ Shopify \ Pinterest ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1909 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 2427 Main St, Santa Monica, CA 90405 santamonica.com 310.319.6263 July 24, 2023 City Council City of Santa Monica City Hall Council Chambers 1685 Main Street, Room 250 Santa Monica, CA 90401 RE: Tuesday, July 25th City Council Meeting, Agenda Item 11: Downtown Santa Monica Dear Mayor Davis, Mayor Pro Tem Negrete, and Council Members: Good afternoon, as you approach tomorrow night’s council meeting, we encourage you to move agenda item 11: Approval of Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan forward. We hear the frustrations and clearly understand the issues that are currently facing businesses in Santa Monica, specifically in our downtown, related to safety and security. We all strive to offer positive experiences for all that live, work and visit. The addition of a new security presence will further support our police department while allowing for more timely responses to the needs of our community and serve as a deterrence for criminal behavior. An increase in monitoring has been shown to significantly decrease crime in a way that could positively impact revenues for businesses and the city. Less crime and just as importantly the perception of safety will encourage locals to return and help to increase visitors to downtown. This private-public partnership with SMPD offers an opportunity to provide a safer and more welcoming experience for all. We respectfully request the City Council to approve the plan to hire private security for a pilot program. Thank you for your service to our community! Respectfully, Misti Kerns, CMP CDME Neil Carrey President/CEO 2023/2024 Board of Directors Chair ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1910 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Jason Mastbaum To:councilmtgitems; councilmtgitems Cc:Phil Brock; Gleam Davis; Lana Negrete; Jesse Zwick; Caroline Torosis; Christine Parra; Oscar de la Torre Subject:no to private armed security on the Promenade 7/25/2023 council meeting item 11A Date:Monday, July 24, 2023 6:46:39 PM Attachments:image.png EXTERNAL Councilmembers, I find it very disturbing that we're even considering bringing private armed security onto the Promenade. The discourse around this has been very explicit that the goal is to bring in private armed guards to help "deal with" the homeless people on the Promenade. Now let's be clear, what could bringing in guys with guns to "deal with" the homeless people possibly mean other than shooting them? And even if this doesn't bother you morally, are you prepared for the city to have to pay out yet another large settlement after one of these private armed guards shoots someone? This is the worst but certainly not the first example of the current DTSM board mismanaging the Promenade. Recently, all the benches and bus stop seating got removed from the Promenade. I know residents with young children who have no intention of returning to the Promenade anytime soon because they found themselves with nowhere to sit the last time they went, and having nowhere to sit is a complete nonstarter when you have a baby in tow. Just this weekend I even saw a family forced to sit on the ground for lack of other Promenade seating options. I'm sure families like this will feel even more eager to visit the Promenade again and tell their friends and family about what a great time we had after we 1. Fire the ambassadors who help keep it clean (hard to imagine the guys with guns doing any cleaning!), which I'm sure will make sitting on the ground even more enjoyable. 2. Make them sit on the ground while being loomed over by goons with guns, who may even shoot one of them if they "look homeless". 3. Have them take in the only-in-Santa-Monica spectacle of councilmembers roaming around randomly picking fights as part of a half-baked publicity stunt. Also, just wondering, is it SMPD SOP to allow people who aren't sworn police officers to participate in making arrests? Could this kind of thing also open us up to needing to pay out big financial settlements? ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1911 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1912 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Alyse Levine To:councilmtgitems Subject:Comment for agenda item 11A Date:Monday, July 24, 2023 6:50:35 PM EXTERNAL Hello, My name is Alyse Zaczepinski and I have been a Santa Monica resident for the past 17 years. I have 4 children who are enrolled in Santa Monica public schools. I have always loved the fact that they go to our neighborhood public schools and have been able to walk to and fro school with their friends (and visit the promenade as a place to hang out after school. I no longer feel that this is safe to do. The number of weekly assault cases in Santa Monica is terrifying. I strongly feel that there needs to be ARMED guards surrounding the promenade and downtown Santa Monica areas. We have had unarmed guards and this just does not deter criminals and mentally ill individuals from being in the area and committing crimes. We have had enough. This city has become so unsafe. Santa Monica has to change and start taking real action to protect its citizens. I strongly vote to have ARMED guards policing our streets. Thank you. Sincerely, Alyse Zaczepinski Resident at 1107 Princeton Street, Santa Monica, 90403 -- Alyse Levine MS, RD Nutritionbite LLC 2500 Broadway Ave Building F, Suite F-125 Santa Monica, CA 90404 (T) 310-526-7872 (F) 310-564-0399 alyselevine.com / eatingreset.com alyse@nutritionbite.com ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1913 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:adam dietz To:councilmtgitems Subject:Armed Promenade patrols Date:Monday, July 24, 2023 6:53:08 PM EXTERNAL Why are we wasting money on u armed guards with 11A? They are totally ineffective. We need ARMED security at the Promenade and downtown. Thank you! Adam Dietz Santa Monica homeowner ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1914 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Jenny Belotserkovsky To:councilmtgitems Subject:Security council meeting Item 11A- Asking for armed patrol at 3rd street promenade and downtown Date:Monday, July 24, 2023 7:21:03 PM EXTERNAL Hello, My name is Jenny and I am a new resident of Santa Monica from San Francisco, residing at 521 Montana Ave. Having lived in San Francisco for 27 years and 1 year in Santa Monica so far, I can't express how much safer and happier I feel here. That being said, I am an advocate for armed security along the promenade and downtown for the sake of locals, tourists, and businesses along the streets. Do not repeat the politics that destroyed downtown SF, where there is no enforcement or fear of law. Businesses will leave once a theft threshold is reached and that will start a chain reaction of empty storefronts and reduced business revenue. Fear of lack of safety will reduce foot traffic, further decimating local businesses. Sincerely, Jenny B Santa Monica resident ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1915 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Robert Wolk To:councilmtgitems Subject:Agenda Item 11A Mtg for 7/25/23 Date:Monday, July 24, 2023 7:32:56 PM EXTERNAL Honorable councilman and woman: I shop in Santa Monica and I strongly urge you to strengthen agenda item 11A by having armed security patrolling on a regular basis, 24/7, to protect all citizens from crime. The Councils behavior and lack of support for law enforcement is itself a crime to the taxpaying citizens. Do the right thing and use a substantial security force, that is armed and able to protect the citizens, instead of rthe favored few. Thank you, Robert Wolk Sent from Mail for Windows ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1916 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Jeff Palmer To:councilmtgitems Subject:Agenda 11A Date:Monday, July 24, 2023 8:00:08 PM EXTERNAL Downtown Santa Monica has too much crime. Please replace unarmed guards with armed guards. We are the owners of 1460 4th Street. Jeffrey Palmer PMI Properties 310-476-1703 x108 Jeff@pmiproperties.com www.pmiproperty.com ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1917 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Nancy Ong To:councilmtgitems Subject:Item 11A Date:Monday, July 24, 2023 8:08:06 PM EXTERNAL Please, please approve armed guards for the Promenade and downtown, and possibly parks. Unarmed guards will NOT deter criminals and may even put the guards in danger. It is time to stop this free-for-all crime spree that has become the norm in our city. Make a statement that you respect our citizens and will not tolerate crime and violence. Sincerely, Nancy Ong ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1918 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Linda Sypien To:councilmtgitems Subject:Re: 11A-please have ARMED security Date:Monday, July 24, 2023 8:09:29 PM EXTERNAL I was very disappointed to hear that the guards on the Promenade would not be armed. That is no safer than the ambassadors we had. Too many people have been attacked there including myself not to have armed guards. If you want to keep the promenade and the businesses safe, please have the guards to be armed. Thank you! Linda Stanley Santa Monica resident 32 years ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1919 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Jim Lachance To:councilmtgitems Subject:Resident comment on Agenda item 11a Date:Monday, July 24, 2023 8:35:14 PM EXTERNAL Santa Monica city council members, It has come to my attention the city council is voting on security protocols for the Promenade. I believe it’s agenda item 11a. My understanding is that the council is considering unarmed guards for this security measure. In addition, it’s my understanding that utilizing armed guards was considered and will not be supported. I believe the actions of this and prior city councils, coupled with the inane actions of the governor and state legislature have proactively made our community unsafe. Furthermore I find recent political actions, or equally egregious inactions related to our safety to have degraded the city of Santa Monica. My family no longer feels safe here. I’m a life long, very capable martial artist; I don’t even feel safe here. Furthermore, Our tax base is eroding due to poor policies regarding our safety and related local businesses. As a small business owner myself (not located in Santa Monica) this city has made local business untenable. tourists are well aware of this issue and are choosing to go elsewhere. Further eroding our community and tax base. How can you manage a city while not doing your primary job to keep the residence and businesses safe. I implore his committee to compassionately consider the people who live here and work here. And Not to bend to state, or worse, radical federal policy agendas. All of which have caused havoc to our beautiful (not for long if you continue along this path) city. Please reconsider stronger security measures for the promenade by increasing the number of security guards and arming them accordingly. We require a much greater deterrent to restore our community to a safe and enjoyable place for everyone. Thank you for listening. Jim LaChance, Proud Santa Monica resident Sent from my iPhone ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1920 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:santamonica333@icloud.com To:councilmtgitems Subject:Vote to Hire Armed Guards for SM Promenade/Downtown!! It"s the City Councils Duty to Protect!! Date:Monday, July 24, 2023 11:32:37 PM EXTERNAL Dear Council, As a 27 yr resident and home owner of SM… It’s time for Armed Guards @ the Promenade and Downtown...Especially post Covid.. Unarmed Guards have proven to be a devastating failure leading to even worse crime and chaos in our Precious City! Our businesses are devastated by this chaos @ the Pre-Covid Thriving Promenade! We are a top world travel destination and travelers need to also feel safe, in addition to residents …..Especially until there are more police officers. Our city wants and Deserves safety and protection and it is the City Council’s Main Duty to provide this!! Also it is your Duty stop needle distribution in our parks.. Parks are supposed to be a safe haven for Kids and not drug treatment centers and an extreme health hazard for our kids! City Council has the Power to make a Bold Statement that Santa Monica will be Safe Again to Live and Visit! Please do what your Constituents want.. Armed police are needed to restore our community, our Safety and our Businesses!!! This is what our city so desperately needs.. Please Do the Right Thing.. Hire Armed Guards…. And eliminate needle distribution @ SM parks.. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1921 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Joni Pan To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; councilmtgitems Subject:Urgent Call for Enhancing Walkability, Accessibility, and Bikeability in Downtown Santa Monica (Agenda Item 11A) Date:Tuesday, July 25, 2023 10:10:39 AM EXTERNAL Dear Santa Monica City Council Members, I hope this email finds you well. I am writing to bring your attention to the crucial matter of the Downtown Santa Monica, Inc. (DTSM) budget, particularly in relation to the development of our beloved city's downtown area. As a concerned resident, I would like to express my deep concerns regarding the absence of provisions for improving walkability, accessibility, and bikeability in the budget for downtown Santa Monica, specifically focusing on the Third Street Promenade. Downtown Santa Monica holds a special place in the hearts of both residents and visitors, serving as a vibrant hub of social, commercial, and cultural activities. However, as the area continues to thrive, it is of utmost importance that we prioritize sustainable, eco-friendly, and accessible modes of transportation to preserve its appeal and ensure a higher quality of life for all its patrons. The lack of discussions regarding these essential aspects in the DTSM budget is disheartening. We must strive to transform downtown Santa Monica into a pedestrian- friendly and car-free zone as much as possible. Encouraging alternative forms of transportation, such as walking, biking, and the use of public transit, will not only reduce traffic congestion but also promote a healthier and cleaner environment. The Third Street Promenade, in particular, is a bustling center of commerce and leisure. As we envision its future, it is crucial to prioritize the creation of a more pedestrian-centric space. By enhancing walkability and accessibility, we can attract more foot traffic, support local businesses, and create a lively and inclusive community atmosphere. Here are some key proposals that we believe could significantly improve the downtown area: ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1922 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) <!--[if !supportLists]-->·<!--[endif]-->Invest in Pedestrian Infrastructure: Allocate resources to upgrade sidewalks, crossings, and pedestrian plazas, ensuring they are safe, well-lit, and universally accessible to individuals of all ages and abilities. <!--[if !supportLists]-->· <!--[endif]-->Expand Bike Lanes and Bike Share Programs: Establish dedicated bike lanes along major streets leading to the Third Street Promenade, and promote bike share programs to encourage sustainable commuting options. <!--[if !supportLists]-->· <!--[endif]-->Improve Public Transit: Advocate for increased frequency and extended operating hours of buses and other forms of public transportation to make them more viable alternatives to driving. <!--[if !supportLists]-->· <!--[endif]-->Encourage Micro-Mobility Solutions: Support the integration of electric scooters and other micro-mobility options while regulating them responsibly to ensure safety and order. <!--[if !supportLists]-->· <!--[endif]-->Community Engagement: Prioritize involving residents, businesses, and advocacy groups in the decision-making process to ensure that their needs and concerns are considered when shaping the downtown's future. By incorporating these measures into the DTSM budget, we can take significant strides towards a greener, more accessible, and people-friendly downtown Santa Monica. The benefits will be multi-fold, from improving air quality and reducing noise pollution to fostering a sense of community and supporting local businesses. I kindly request that you consider these points during the upcoming discussion on Agenda Item 11A. Together, let's work towards making downtown Santa Monica a model of sustainable urban living, where people can comfortably and conveniently navigate the area without relying heavily on cars. Thank you for your time and attention to this matter. I trust that you will make the right decision for the betterment of our community and the environment. Should you need any further information or wish to discuss this matter in person, please feel free to contact me. Sincerely, ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1923 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Joan ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1924 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:jaysthrowaway To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; councilmtgitems Subject:Urgent Call for Enhancing Walkability, Accessibility, and Bikeability in Downtown Santa Monica (Agenda Item 11A) Date:Tuesday, July 25, 2023 10:12:14 AM EXTERNAL Dear Santa Monica City Council Members, I hope this email finds you well. I am writing to bring your attention to the crucial matter of the Downtown Santa Monica, Inc. (DTSM) budget, particularly in relation to the development of our beloved city's downtown area. As a concerned resident, I would like to express my deep concerns regarding the absence of provisions for improving walkability, accessibility, and bikeability in the budget for downtown Santa Monica, specifically focusing on the Third Street Promenade. Downtown Santa Monica holds a special place in the hearts of both residents and visitors, serving as a vibrant hub of social, commercial, and cultural activities. However, as the area continues to thrive, it is of utmost importance that we prioritize sustainable, eco-friendly, and accessible modes of transportation to preserve its appeal and ensure a higher quality of life for all its patrons. The lack of discussions regarding these essential aspects in the DTSM budget is disheartening. We must strive to transform downtown Santa Monica into a pedestrian-friendly and car-free zone as much as possible. Encouraging alternative forms of transportation, such as walking, biking, and the use of public transit, will not only reduce traffic congestion but also promote a healthier and cleaner environment. The Third Street Promenade, in particular, is a bustling center of commerce and leisure. As we envision its future, it is crucial to prioritize the creation of a more pedestrian-centric space. By enhancing walkability and accessibility, we can attract more foot traffic, support local businesses, and create a lively and inclusive community atmosphere. Here are some key proposals that we believe could significantly improve the downtown area: • Invest in Pedestrian Infrastructure: Allocate resources to upgrade sidewalks, crossings, and pedestrian plazas, ensuring they are safe, well-lit, and universally accessible to individuals of all ages and abilities. • Expand Bike Lanes and Bike Share Programs: Establish dedicated bike lanes along major streets leading to the Third Street Promenade, and promote bike share programs to encourage sustainable commuting options. • Improve Public Transit: Advocate for increased frequency and extended operating hours of buses and other forms of public transportation to make them more viable alternatives to driving. • Encourage Micro-Mobility Solutions: Support the integration of electric scooters and other micro-mobility options while regulating them responsibly to ensure safety and order. • Community Engagement: Prioritize involving residents, businesses, and advocacy groups in the decision-making process to ensure that their needs and concerns are considered when shaping the downtown's future. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1925 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) By incorporating these measures into the DTSM budget, we can take significant strides towards a greener, more accessible, and people-friendly downtown Santa Monica. The benefits will be multi-fold, from improving air quality and reducing noise pollution to fostering a sense of community and supporting local businesses. I kindly request that you consider these points during the upcoming discussion on Agenda Item 11A. Together, let's work towards making downtown Santa Monica a model of sustainable urban living, where people can comfortably and conveniently navigate the area without relying heavily on cars. Thank you for your time and attention to this matter. I trust that you will make the right decision for the betterment of our community and the environment. Should you need any further information or wish to discuss this matter in person, please feel free to contact me. Sincerely, Jesus ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1926 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:rbelinsky@me.com To:councilmtgitems Subject:SANTA MONICA--Agenda Item 11A . July 25, 2023 Date:Tuesday, July 25, 2023 11:15:09 AM Importance:High EXTERNAL Dear Council members: Four years ago I predicted this to Police Chief Renaud (remember her). Chief Renaud told me it was under control. Sadly, I was spot on. Citizens now need to be armed to do the job of the City. The chickens have come home to roost. I support of armed security guards for The Promenade and Downtown area. This is agenda item 11A. We need more law enforcement presence throughout the City, and especially at the crime-ridden Promenade and surrounding Downtown. ( Physical assaults and an average of 35 retail thefts occur each week during business hours on The Promenade). See Phil Brock assault just this week! We have already seen three previous times how unarmed guards DO NOT work and allowed for the massive increase in crime and loitering on our sidewalks and storefronts. This proposal is no different than the Block-by-Block Ambassadors and will prove to be yet another failure in public safety for residents, tourists, and merchants in Santa Monica. This should only be an interim solution until the SMPD has the number of sworn officers Chief Batista says she needs to protect our residents and businesses. The City's primary responsibility is to protect life and property, which includes law enforcement. In addition, under the plan presented tonight, this basic obligation of the City is being unfairly paid for solely by the property owners and businesses in Downtown. Make safety a priority!! Vote yes on Agenda item 11A Russ Belinsky* President Save Our Santa Monica 1112 Montana Avenue Suite 911 Santa Monica, CA 90403 *Resident and taxpayer in Santa Monica since 1996 (27 years) ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1927 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Marc Verville To:Oscar de la Torre; Gleam Davis; Christine Parra; Lana Negrete; Phil Brock; Jesse Zwick; Caroline Torosis Cc:David White; Douglas Sloan; councilmtgitems Subject:Item 11.A. - Approval of Downtown Santa Monica, Inc. ("DTSM") FY2023-24 Budget and Work Plan and Authorization of Various Agreements Between City and DTSM Date:Tuesday, July 25, 2023 11:45:39 AM EXTERNAL Dear Council Members, Please approve all aspects of this Item at tonight’s meeting. The security component of this request is especially urgent. Without this enhanced security, the Promenade and its environs cannot be revitalized. Without a vibrant Downtown, an irreplaceable community asset is entirely wasted and the ability “to elevate Santa Monica's attractiveness as a major event venue” (as envisioned in Item 16.C.) cannot be realized. While there are many contributing factors to the collapse of the Promenade and our downtown, the actual and perceived safety (and sanitation) environment of the spaces and the adjacent parking structures are overwhelmingly determinative. To be clear, as proposed the security arrangements are far from ideal. A key problem with this the proposed arrangement is the fact that DTSM is having to pay for the security. This is a cost that should be borne by the city as it reflects a fundamental city function. The draining of funds from DTSM to subsidize a basic city function significantly weakens DTSM’s ability to program, promote and activate the Promenade and adjacent spaces, further hindering the recovery of our downtown. Also, unarmed private security is significantly inferior in safety perception (and reality) to a fully provisioned and highly visible SMPD presence. I firmly believe that some of the Council members’ aversion to a visible and robust SMPD presence on the Promenade and in downtown is entirely mistaken and completely unsupportable on the facts. For now, this Item is a positive step forward. That said, the economic drain on DTSM for subsidizing these basic City requirements is not sustainable and must be addressed in next year’s budget. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1928 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) This issue must be forthrightly addressed both in this evening’s vote to pass this item as well as the termination of the Civic Auditorium sale. In the near future, the City must significantly enhance SMPD-provided and managed safety upgrades, with concomitant sanitation improvements to the entire area, paid for by the city. If these initiatives are less than fully embraced by this Council, then the ongoing decline of our city’s heart and consequent destruction of an irreplaceable economic and social center in a rapidly densifying city will be clearly an act of commission rather than simple act of omission. That would be unacceptable. Respectfully, Marc L. Verville Sunset Park ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1929 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Susan Collins To:councilmtgitems Subject:Agenda Item 11 A Date:Tuesday, July 25, 2023 11:58:17 AM EXTERNAL We need more law enforcement presence throughout the City, and especially at the crime-ridden Promenade and surrounding Downtown. Fact: Physical assaults and an average of 35 retail thefts occur each week during business hours on The Promenade. The proposal in this agenda item extends the failed policy that is already in place. Santa Monica, in particular the Promenade, has been featured on national news programs as an example of the failing policies in this city which have increased crime, closed businesses, and driven families away from using the area. We have already seen three previous times how unarmed guards DO NOT work and allowed for the massive increase in crime and loitering on our sidewalks and storefronts. This proposal is no different than the Block-by-Block Ambassadors and will prove to be yet another failure in public safety for residents, tourists, and merchants in Santa Monica. This should only be an interim solution until the SMPD has the number of sworn officers Chief Batista says he needs to protect our residents and businesses. The City's primary responsibility is to protect life and property, which includes law enforcement. In addition, under the plan presented tomorrow night, this basic obligation of the City is being unfairly paid for solely by the property owners and businesses in Downtown. Businesses can not function under these circumstances. We should be doing everything possible to support our local businesses who are already paying much higher than average rents and taxes. Forcing them to pay for private security on top of paying inflated taxes which should be providing this service is harmful to the overall well-being of this community. Please provide armed guard patrol and presence on The Promenade and in Downtown, so that businesses can return, operate safely, and families can participate in our community and enjoy Santa Monica without fear. Thank you, Susan Collins Susan Collins ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1930 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1931 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Vivien B To:councilmtgitems Subject:Agenda 11A Date:Tuesday, July 25, 2023 12:03:05 PM EXTERNAL Esteemed Council Members, I am in full support of hiring private security company Covered 6 to help protect the citizens and tourist of Santa Monica who want to come to the Third Street Promenade and other downtown areas. As a long time property owner and owner of condo in Santa Monica I am well aware of the unsafe circumstances that plague our city. The police can not be everywhere and can work in tantrum with Covered 6. I attended a DSM meeting recently and was impressed with their training , hiring practices, level of experience and safety record. The promenade used to be a safe place to walk and shop. Ambassadors are ill equipped to safeguard the public and although friendly have failed. I have many friends who live in the vicinity and they are afraid to shop on the Promenade as they have been accosted or seen tourist get harassed and accosted. I encourage you to vote yes for the Covered 6 pilot program. Sincerely, Vivien Benjamin 1 Sea Colony Dr Santa Monica, CA 90045 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1932 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:John Warfel To:councilmtgitems Subject:July 25, 2023, Santa Monica City Council Agenda Item 11 - Downtown Santa Monica Date:Tuesday, July 25, 2023 12:27:14 PM EXTERNAL Dear Mayor Davis, Mayor Pro Tem Negrete, and honorable Council members; I support Downtown Santa Monica, Inc.’s Budget, Work Plan, and proposed amendments to the Services Agreement between DTSM, Inc. and the City of Santa Monica. Approval of these important items will allow for the deployment of private security officers in Downtown Santa Monica to supplement services provided by the Santa Monica Police Department. Please consider consolidating the DTSM’s new security program with the current City sponsored private security at the SM Pier and the downtown parking structures. It makes little sense to have 3 separate private security details with 3 different security vendors operating at the same time in the same general area. Please approve these items at the July 25, 2023, Santa Monica City Council meeting so these services can be implemented. Thank you. John Warfel ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1933 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:smccurrentevents@gmail.com To:councilmtgitems Subject:item 11A JULY 25TH council meeting Date:Tuesday, July 25, 2023 12:34:08 PM EXTERNAL Please ensure the promenade security personnel from the Contractor will be armed. Unarmed will not be effective in serious cases. Thank you, Rachel Sene Jay Johnson Sent from Mail for Windows ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1934 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:Natalya Zernitskaya To:councilmtgitems Cc:Gleam Davis; Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; Jesse Zwick; David White Subject:7/25/23 Council Agenda Item 11A- Public Comments Date:Tuesday, July 25, 2023 1:38:12 PM EXTERNAL RE: Agenda Item 11A Good Afternoon Mayor Davis, Mayor Pro Tem Negrete, and City Councilmembers, I am very grateful for the efforts of DTSM, Inc. in working to make the 3rd Street Promenade and Downtown Santa Monica in general a more welcoming, thriving, and safe place for all to visit. Our City is not the only city that is still recovering from the economic ravages of the Covid-19 pandemic but as a city with a significant portion of revenues coming from sales and use taxes, particularly from those who are visiting our downtown, including the Promenade, we must ensure that we consider potential impacts of significant changes, such as the proposal for a pilot program to hire private security for the Promenade. My concerns include: the trade-offs that would be required should the Council choose to accept DTSM Inc.’s recommendation to hire private security, potential for risk given that at least one security guard would be armed per shift, and how this may shift visitors’ experience on the Promenade. For your convenience, I have laid out several questions and discussion topics that I feel should be addressed as a part of your deliberations on Item11- A. The pilot program would cost $1.7 million for the year, which would necessitate reductions to the DTSM Ambassador Program Per the staff report, " For FY 2023-24, the proposed budget includes the funding for the private daytime security for the Promenade, which would be operated as a one-year Pilot Program.  For this service, DTSM proposes to allocate approximately $1.7 million and would be funded primarily through reductions to DTSM Ambassador Services. DTSM has indicated that up to 16 full-time equivalent Ambassador positions will be impacted. " (emphasis added) Is the trade-off of 16 DTSM ambassadors worth what we will be getting from private security? ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1935 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Can we better utilize the resources that we already have, such as SMPD officers and/or street teams, to enhance the perception of safety on the Promenade? (Especially since there is the new-ish SMPD outpost directly on the Promenade) If the Council chooses to move forward with the recommendation for the pilot program, the $1.7 million would come out of the DTSM Inc. budget, but if it is deemed successful, future funding would likely have to come out of the City budget, at least in part. What potential programs or services would the Council consider cutting back in order to fund private security in future fiscal years? At least 1 security guard would be armed per shift and there are 3 shifts (morning, afternoon, and evening) per day so over the course of each day, there would be 3 individuals with a sidearm patrolling the 3rd Street Promenade Although DTSM, Inc. appears to have received assurances from Covered 6 that private security guards are former military or law enforcement (with honorable discharges) and thus have significant experience with firearms, having people who are not sworn SMPD officers be armed introduces additional risks including, but not limited to, potential fiscal or legal liabilities if there is an altercation In recent years, we have seen conflicts between members of the public and armed private security guards escalate with tragic results such as the fatal shooting of a 24 year old woman in a San Francisco Walgreens over an alleged robbery (see : https://www.cbsnews.com/sanfrancisco/news/walgreens- shooting-san-francisco-armed-security-guard/) How would we ensure that should there be any conflicts, the contracted private security would utilize de-escalation methods to reduce the risk of harm to the public, the private security team members, and all others who visit the Promenade? How would the appearance of private security, and the knock-on effects of the tradeoffs, be perceived by visitors? ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1936 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) What will their uniforms look like and could that potentially confuse people with regards to who a visitor should approach for assistance with a safety issue (if individual stores have their own security or when there are SMPD officers present)? Would the new private security at the expense of 16 DTSM Ambassadors improve or harm perceptions of the Promenade? Given that DTSM Ambassadors do much more than just directing visitors and providing information, including helping to clean up litter, would the Promenade require increased janitorial services, additional way-finding signage, etc. to fill the roles that are currently served by the Ambassadors? Will the private security teams have the ability or capacity to communicate with service providers to help people who are unhoused and in need of assistance? While I am sure that there are many more questions and topics that will need to be discussed in order for you to make a thoughtful and well-informed decision, I hope that what I have laid out above is helpful to you as you discuss and deliberate the best path forward. I am not opposed to trying new things and appreciate the DTSM Inc. board’s efforts to work towards creative solutions to improve the Promenade. I believe that hiring private security introduces more potential risks than potential rewards. Thank you for your consideration. Sincerely, Natalya Zernitskaya Natalya Zernitskaya (she/her) nzernitskaya@gmail.com ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1937 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) From:George Gleason To:councilmtgitems Subject:Agenda Item 11A Date:Tuesday, July 25, 2023 4:38:03 PM EXTERNAL Hello, I live in Wilmont and strongly urge the council to approve the DTSM, Inc., budget, especially the component related to the pilot program for private security in Downtown Santa Monica. I've lived in Santa Monica for over a decade and Downtown is really struggling as a result of crime and issues with the unhoused. I am a big supporter of SMPD, and I am sure that the extra assistance from private security in providing compassionate responses to the unhoused population would be very helpful for SMPD in doing their jobs. We need investment from various groups throughout the U.S. in order to help facilitate the revitalization of DTSM, and when potential investment partners hear and see what's happening in Downtown Santa Monica, they are reluctant to invest here. Thank You, George -- George Gleason ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1938 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) MASTER SERVICES AGREEMENT by and between CITY OF SANTA MONICA a municipal corporation and DOWNTOWN SANTA MONICA, INC. a non-profit public benefit corporation July 2023 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1939 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) TABLE OF CONTENTS UPDATE SECTION 1. DEFINITIONS. ................................................................................................... IV SECTION 2. TERM. ................................................................................................................. VI SECTION 3. ROLES AND RESPONSIBILITIES. ................................................................ VI 3.1. DTSM ROLES AND RESPONSIBILITIES. ........................................................................ VI 3.2. ADMINISTRATION OF CENTRAL BUSINESS DISTRICT AREA. ...................................... VIII 3.3. THE CITY’S ROLES AND RESPONSIBILITIES. .............................................................. VIII SECTION 4. ADMINISTRATION OF FUNDS .................................................................... XI SECTION 5. COMMUNITY AND CONSTRUCTION PROJECTS. .................................. XI 5.1. DOWNTOWN COMMUNITY PLANS. ............................................................................... XI 5.2. CAPITAL IMPROVEMENT PROJECTS. ........................................................................... XII SECTION 6. MAINTENANCE AND MANAGEMENT OF PUBLIC AREAS. ............... XII 6.1. GENERAL MAINTENANCE MATTERS. .......................................................................... XII 6.2. PUBLIC SAFETY SERVICES. .......................................................................................... XII 6.3. MANAGEMENT. ......................................................................................................... XIII SECTION 7. MANAGEMENT OF LEASEHOLD AND LICENSED SPACE................ XIV 7.1. MANAGEMENT OF LEASEHOLD SPACE AND LICENSED SPACE. .................................. XIV 7.2. GENERAL DUTIES AND RESPONSIBILITIES REGARDING LEASES AND LICENSES......... XIV 7.3. LEASE AND LICENSE EXECUTION. ............................................................................. XIV 7.4. MANAGEMENT OF LEASES AND LICENSES. ................................................................ XIV 7.5. ENFORCEMENT. ......................................................................................................... XIV 7.6. RULES AND REGULATIONS. ....................................................................................... XIV 7.7. DTSM NOT BROKER/AGENT. .................................................................................... XV 7.8. OTHER STRUCTURES CONSTRUCTED IN PUBLIC AREAS.............................................. XV 7.9. VENDING CART OPERATIONS. .................................................................................... XV 7.10. OUTDOOR DINING LICENSE AGREEMENTS. ................................................................ XV 7.11. GRANT OF LICENSE. ................................................................................................... XV 7.12. LICENSE AREA ACCEPTED “AS IS”. ............................................................................ XV 7.13. IMPROVEMENTS. ......................................................................................................... XV 7.14. NATURE OF LICENSE RELATIONSHIP. ......................................................................... XV 7.15. INGRESS AND EGRESS. ................................................................................................ XV 7.16. NONTRANSFERABLE LICENSES. .................................................................................. XV SECTION 8. ADVERTISING, PROMOTION, ENTERTAINMENT, AND SPECIAL EVENTS.................................................................................................................................. XVII 8.1. DTSM PROGRAMS. .................................................................................................. XVII 8.2. FILMING AND SPECIAL EVENTS. ............................................................................... XVII 8.3. SIGNS AND BANNERS. ............................................................................................... XVII 8.4. STREET PERFORMERS. ............................................................................................. XVIII ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1940 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) SECTION 9. REPORTING REQUIREMENTS. ............................................................. XVIII 9.1. ESTABLISHMENT OF WORK PLAN. ........................................................................... XVIII 9.2. THIS SECTION LEFT INTENTIONALLY BLANK ........................................... XVIII 9.3. ANNUAL REPORT..................................................................................................... XVIII 9.4. ANNUAL FINANCIAL REPORT. ................................................................................. XVIII 9.5. MISCELLANEOUS REPORTS AND INFORMATION. ........................................................ XIX SECTION 10. TERMINATION. ........................................................................................... XIX 10.1. TERMINATION UPON DEFAULT. ................................................................................. XIX 10.2. TERMINATION WITHOUT CAUSE. .............................................................................. XIX 10.3. REVERSION OF FUNDS AND PROPERTY. ..................................................................... XIX SECTION 11. AVAILABILITY OF CITY INFORMATION. ............................................ XX SECTION 12. PURCHASING AND OTHER MONETARY OBLIGATIONS FOR OPERATION OF THE DOWNTOWN. .................................................................................. XX SECTION 13. COMPENSATION. ......................................................................................... XX 13.1. ANNUAL BUDGET. ...................................................................................................... XX 13.2. FILMING AND SPECIAL EVENT FEES. ......................................................................... XXI 13.3. NO NAMING RIGHTS. ................................................................................................. XXI SECTION 14. DTSM OPERATING STANDARDS. .......................................................... XXI 14.1. BY-LAWS. ................................................................................................................. XXI 14.2. NONDISCRIMINATION. ............................................................................................... XXI 14.3. ACCOUNTING PROCEDURES. ..................................................................................... XXII 14.4. SUBCONTRACTORS. .................................................................................................. XXII 14.5. COMPLIANCE WITH LAWS AND MANAGEMENT PLAN. .............................................. XXII 14.6. COMPLIANCE MONITORING. .................................................................................... XXII SECTION 15. INSURANCE AND INDEMNIFICATION. ............................................. XXIV 15.1. INSURANCE REQUIREMENTS. .................................................................................. XXIV 15.2. INDEMNITY BY DTSM ........................................................................................... XXIV 15.3. THIRD PARTY INDEMNITY ...................................................................................... XXIV 15.4. ENFORCEMENT COSTS ............................................................................................ XXIV SECTION 16. MISCELLANEOUS. .................................................................................... XXV 16.1. INTEGRATED CONTRACT. ........................................................................................ XXV 16.2. DELEGATION AND ASSIGNMENT. ............................................................................. XXV 16.3. NOTICES. ................................................................................................................ XXVI 16.4. NO INTEREST IN PROPERTY. ................................................................................... XXVI 16.5. OTHER SERVICES. ................................................................................................... XXVI 16.6. APPROVALS. .......................................................................................................... XXVII 16.7. WAIVER. ................................................................................................................ XXVII 16.8. GOVERNING LAW. ................................................................................................. XXVII 16.9. COMPLIANCE WITH APPLICABLE LAW. .................................................................. XXVII 16.10. SURVIVAL OF PROVISIONS AND OBLIGATIONS ...................................................... XXVII 16.11. SEVERABILITY ....................................................................................................... XXVII ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1941 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 16.12. VENUE AND JURSIDICTION .................................................................................... XXVII 16.13. INDEPENDENT PARTIES. ......................................................................................... XXVII 16.14. EXECUTION COUNTERPARTS. ................................................................................ XXVII 16.15. COST OF LITIGATION. ............................................................................................ XXVII 16.16. PERMITS AND LICENSES. ....................................................................................... XXVII 16.17. CITY PROPRIETARY CAPACITY. ............................................................................. XXVII 16.18. CAPTIONS AND HEADINGS. .................................................................................... XXVII 16.19. RECITALS AND EXHIBITS. ...................................................................................... XXVII EXHIBIT A – Downtown Map EXHIBIT B – FY 23/24 DTSM Annual Work Plan and Budget (includes DTSM Management Plan Services and City Baseline Service Matrices) EXHIBIT C – Insurance ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1942 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) MASTER SERVICES AGREEMENT This Master Services Agreement (“Services Agreement”), entered into this ____ day of ___________, 2023 (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and the DOWNTOWN SANTA MONICA, INC. a non-profit public benefit corporation (“DTSM”), is made with reference to the following: R E C I T A L S: A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Statutes of the State of California and the Charter of the City. B. DTSM is a non-profit, public benefit corporation duly organized and validly existing under the laws of the State of California. C. On December 3, 2004, the City and the Bayside District Corporation (“BDC”) entered into a Services Agreement approved by the City Council as Contract No. 8406 (CCS) (the “Original Agreement”) for the purpose of setting forth the role and obligations of the BDC in the administration of certain functions and programs in the City’s downtown business area. D. On March 25, 2008, the City Council of the City approved a management district plan prepared by BDC following a two-year process, which included public input. This management district plan was the basis for an engineer’s report (“Engineer’s Report”) setting forth the mechanism for assessing property owners to raise funds to provide additional and enhanced services in Downtown PBAD. On July 24, 2008, a majority vote in favor of the proposed assessment was confirmed. City Council Resolution No. 10336 (CCS) was adopted, approving the management district plan and Engineer’s Report ordering formation of a property and business assessment district in Downtown PBAD, and authorizing the levy and placement of the assessments on the property tax rolls each year. E. On May 20, 2009, the City and BDC entered into an Amended and Restated Services Agreement Number 9063 (CCS) (“Services Agreement”) to further define BDC’s and the City’s roles and obligations in administering certain functions and programs in the Downtown PBAD. This Services Agreement No. 9063 replaced and superseded the Original Agreement. F. On or about April 22, 2010, the City and BDC entered into a (CCS) (“Maintenance Agreement”) to amend certain roles and responsibilities of the City and BDC for the BDC to assume responsibility for delivering the City’s preexisting base level custodial maintenance services in Parking Structures 1 through 6, 9, and 10, with the sole exception of restroom paper supplies, in exchange for the City assuming responsibility for certain enhanced levels of maintenance services on Ocean Avenue, Colorado Avenue, Broadway, Santa Monica Boulevard, Arizona Avenue, Wilshire Boulevard, 5th Street, 6th Street, and 7th Street within the boundaries of the Downtown PBAD. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1943 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) G. On September 14, 2010, and February 28, 2012, respectfully, the City Council approved a modification to the Maintenance Agreement to extend the term of the agreement and approve the FY 2010-2011 and FY 2011-2012 Work Plans. This Maintenance Agreement expired on or about September 10, 2012. H. On or about January 27, 2011, BDC’s Board of Directors approved a name change for BDC to Downtown Santa Monica, Inc. (“DTSM”). DTSM subsequently revised its Articles of Incorporation and By-laws to reflect the name change. I. On September 11, 2012, the City and DTSM entered into a Maintenance Services Agreement No. 9626 (“Second Maintenance Agreement”) for DTSM and the City to continue delivering exchange of maintenance services and ensure that district assessment funds would be used only to enhance maintenance services above baseline City-funded maintenance services. The Second Maintenance Agreement would be renewed annually provided DTSM’s annual Work Plan was approved by City Council and the services provided by City and DTSM remained cost-neutral. J. On or about August 28, 2012, the City and DTSM entered into a First Amendment to the Services Agreement (“First Amendment”) to reflect the name change. K. On or about November 20, 2012, the City and DTSM entered into a Second Amendment to the Services Agreement (“Second Amendment”) to add a fifth disbursement date in each year of all assessment funds received and accounted for by the City. L. On July 14, 2015, the City Council of the City adopted Resolutions No. 10895 (CCS) and No. 10896 (CCS) ordering the formation of two additional assessment areas, the Lincoln Boulevard Property Based Assessment District (“Lincoln PBAD”) and the Colorado Avenue Property Based Assessment District Overlay Zone (“Colorado Overlay Zone”), respectively; approving the management district plans and Engineer Reports for each assessment area, authorizing the levy and placement of assessments on the property tax rolls each year, and approving the City’s funding of general benefits associated with the new assessment areas. M. On May 31, 2016, the City and DTSM entered into a Third Amendment to the Services Agreement (“Third Amendment”) to delegate certain responsibilities to DTSM regarding the administration of the Lincoln PBAD and Colorado Overlay Zone. N. On March 6, 2018, the City Council of the City authorized the City Manager to negotiate and execute the renewal of the Services Agreement with DTSM for an additional ten (10) year term. O. On March 21, 2018, DTSM’s property owners located within the Downtown PBAD affirmed, by majority vote, based upon the ballots returned, as weighted by ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1944 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) assessments to be paid, for the continuation of existing services and assessments for an additional ten (10) year term. Specifically, ballots were returned for 221 parcels, representing 67 percent of assessment dollars. Of the ballots returned, 91% of the property owners located within the Downtown PBAD voted in favor of preserving the Downtown PBAD. P. On May 15, 2019, the City and DTSM entered into a Fourth Amendment to the Services Agreement (“Fourth Amendment”) to extend the term for an additional ten year period up through May 19, 2029. The Services Agreement, First Amendment, Second Amendment, Third Amendment, and Fourth Amendment may be collectively referred to as the “Services Agreement”. Q. Between September 13, 2013, and October 11, 2022, the City and DTSM modified the Second Maintenance Agreement eleven times to: (1) extend the term of the agreement through December 2, 2023; (2) approve DTSM’s annual Budgets and Work Plans; (3) grant DTSM a license to use designated office and storage areas and shared restroom facilities in certain parking structures that are owned by the City to support DTSM’s performance of its obligations under the Second Maintenance Agreement; (4) provide additional compensation to DTSM for enhanced maintenance services benefitting City-owned property located at 612 Colorado Avenue; (5) modify and expand the location of the license areas that the City permitted DTSM to use; (6) authorize DTSM to temporarily use a surface parking area for staging of downtown holiday décor; and (7) provide that DTSM will comply with the all laws, ordinance, and rules, including the California Labor Code and Department of Industrial Relations rules and regulations. R. On July 25, 2023, the City Council approved this Master Services Agreement to replace and supersede the Services Agreement and Second Maintenance Agreement for DTSM to continue to provide additional and enhanced services in Downtown Santa Monica per the terms of this Master Services Agreement and authorize DTSM to procure and provide private security services within the Downtown during a one-year pilot program. Accordingly, upon the Execution Date of this Master Services Agreement, the Services Agreement and Second Maintenance Agreement shall terminate and be of no further force or effect. S. The purpose of this Master Services Agreement is to produce a strong and vibrant pedestrian-oriented downtown for the benefit of the City’s residents, customers, and visitors with the goal to contribute to the City’s economic vitality and create a community resource to enhance the quality of life for City residents and visitors. Toward that end, the City has invested public monies in streetscape and parking improvements, has established assessment districts to fund such improvements and the maintenance thereof, and has adopted various revitalization plans such as the Third Street Mall Specific Plan on August 12, 1986, as amended by the Bayside District Specific Plan on January 23, 1996 (“Bayside District Specific Plan”), and the Downtown Urban Design Plan adopted by City Council on July 22, 1997, the Downtown Community Plan adopted by Council in July 25, 2017 and amended in May 2023. In addition, in 2021 Council adopted the Third Street Promenade Stabilization and Economic Vitality Plan, which helped to inform subsequent zoning amendments for the Downtown and are reflected in the amended Downtown Community Plan. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1945 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) T. DTSM has expertise in planning, implementing, sustaining and managing the revitalization goals of the City and the City desires to continue to use the expertise and services of DTSM to develop, implement, and maintain various programs for the continued revitalization of Downtown Santa Monica. In furtherance of the goals recited above, the City desires to use the expertise and services of DTSM to develop, implement, and maintain various programs for the enhanced maintenance, marketing, and promotion to support the economic vitality, and provide for the public benefit of Downtown Santa Monica, as more specifically defined in Section 1.1(a), below. U. The City further recognizes that in addition to the administration of such duties outlined above, the scope of DTSM’s duties may be expanded to cover other duties and activities such as developing, maintaining, and revitalizing the Downtown as may be funded by the City or other agencies through various business improvement areas, assessment districts, or other sources of revenue, and that DTSM may accept such funding or contracts, provided that the purpose of these funds or contracts falls within the general purpose of the continued revitalization and promotion of the Downtown. V. City and DTSM recognize and acknowledge that Downtown Santa Monica is a valued asset of the City which should be developed, managed and maintained as a public resource. Accordingly, the City desires to assign certain responsibilities to DTSM as set forth herein, and DTSM desires to accept such responsibilities, based upon the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the parties as follows: AGREEMENT SECTION 1. DEFINITIONS. 1.1. The following words, terms and phrases shall have the following meaning in this Agreement: a. “Downtown”, “Downtown Santa Monica”, “Santa Monica PBAD” or “Santa Monica Property Based Assessment District” means and refers collectively to the Downtown PBAD, Colorado Overlay Zone, and Lincoln PBAD, as shown on the “Property Based Assessment District Maps” attached hereto as Exhibit A to this Agreement. b. “Fiscal Year” means and refers to the operating year commencing on July 1 and ending on June 30. c. “Leasehold Space” and “Licensed Space” means and refers to those portions of the City-owned public parking structures and Public Areas which are leased or licensed by City to third parties. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1946 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) d. “Mall Maintenance Fee” means and refers to the Third Street Promenade and Downtown District Operation and Maintenance Assessment Fee on business operators located within areas shown in Exhibit A, described as having the following boundaries: the mid-line of Wilshire Boulevard on the north, the mid-line of Broadway on the south, Fourth Court on the east and Second Court on the west, such boundaries having been established by adoption of Ordinance No. 1382 (CCS) on August 26, 1986, as amended by Resolution No. 7488 (CCS) on August 11, 1987, and Resolution No. 8026 (CCS) on May 22, 1990. e. “Management Plan” means and refers collectively to the plans prepared by DTSM and adopted by the City Council on March 26, 2008, for the Downtown PBAD, and on July 14, 2015, for the Lincoln PBAD and the Colorado Overlay Zone, setting for the details of funding sources for DTSM activities based on property assessments and details for programs to be funded with additional financial resources generated by the property based assessments. f. “Parking Structures Licensed Area” means and refers to collectively the office and storage areas and shared restroom facilities in that are located in the City owned parking structures depicted in the Work Plan attached hereto as Exhibit B to support DTSM’s performance of its obligations under its annual Work Plan that is approved by the City. g. “Pilot Program” means and refers to DTSM’s deployment of private security personnel for the Santa Monica PBAD as specified in the Work Plan attached hereto as Exhibit B. The Pilot Program automatically expires twelve (12) months after the deployment date that is identified in DTSM’s written notice to City notifying the City of the deployment date unless certain requirements are met to extend the Pilot Program pursuant to Section 6.2 of this Agreement. h. “Public Areas” means and refers to those portions of the Downtown located within the physical boundaries thereof which are controlled and operated by the City and made available for the general use, convenience or benefit of the public including, but not limited to, public rights of way, access roads, driveways, alleyways, public restrooms, public parking sites, decking, stairways, and other similar areas. i. “The Specific Plan” means and refers to that certain plan identified more specifically as the “Downtown Community Plan” adopted on July 25, 2017. j. “Downtown PBAD” means and refers to that certain Property Based Assessment District created by City Council Resolution No. 10336 (CCS), adopted on July 24, 2008, and as shown on the “Property Based Assessment District Maps” attached hereto as Exhibit A to this Agreement. k. “Lincoln PBAD” means and refers to that certain Property Based Assessment District created by City Council Resolution No. 10895 (CCS), adopted on July 14, 2015, and as shown on the “Property Based Assessment District Maps” attached hereto as Exhibit A to this Agreement. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1947 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) l. “Colorado Overlay Zone” means and refers to that certain benefit zones within the Downtown PBAD, created by City Council Resolution No. 10896 (CCS), adopted July 14, 2015, and as shown on the “Property Based Assessment District Maps” attached hereto as Exhibit A to this Agreement. SECTION 2. TERM. The term of this Agreement shall commence on the Execution Date of this Agreement and continue up through May 19, 2029, unless earlier terminated pursuant to Section 10 of this Agreement or extended by the parties in writing pursuant to an amendment executed by the parties. Upon the Execution Date of this Master Services Agreement, this Agreement will replace and supersede the Services Agreement and Second Maintenance Agreement and these agreements shall terminate and be of no further force or effect. SECTION 3. ROLES AND RESPONSIBILITIES. 3.1. DTSM Roles and Responsibilities. DSTM shall be dedicated to promoting the continued economic revitalization of the Downtown through the sponsorship, support and production of programs, projects and services that benefit Santa Monica residents, Downtown merchants, property owners, customers and visitors. Without limiting the generality of the foregoing, and to the extent these duties are funded by the various business improvement areas, contracts, and other sources of funding received, DTSM shall be responsible for: a. Organizing, advising, and/or conducting marketing and advertising campaigns and concierge programs for the benefit of the Downtown; b. Organizing, advising, and/or conducting promotions and special events that attract and benefit local residents, customers, and visitors to the Downtown; c. Assisting the City by (i) coordinating the delivery of City-funded maintenance equal in commitment to the level of service described in the matrix included in the Work Plan attached hereto as Exhibit B and provided by the City as of the Execution Date of this Agreement for the repair and service of the streetscape, public areas and other public improvements within the Downtown, and (ii) providing enhanced levels of services, over and above what the City provides as described in clause (i) above, decided after consultation with the City, to be funded through the assessment revenues generated from the Mall Maintenance Fee and the Santa Monica PBAD. The enhanced level of maintenance services that DTSM will provide include custodial maintenance services that were previously performed by the City in the City owned parking structures as set forth in the Work Plan attached hereto as Exhibit B. d. Providing advice and recommendations to the City regarding long-term planning and zoning issues, preferred retail mix, streetscape and capital improvement projects, public ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1948 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) parking projects, signage, specific discretionary planning and zoning cases, and developmental strategies in order to enhance the economic vitality of the Downtown; e. Assisting new and existing businesses by providing real estate and other economic information, identifying sites, and providing information about the development process; f. Assisting the City in managing the Downtown vending cart license program; g. Advising the City on operational issues related to the Downtown upon City’s request, from time to time; h. Coordinating with the City on filming, photo shoots and special events in the Downtown, and collecting Film and Special Event Fees, as approved by the City; i. Upon City’s written request, monitoring the street performer program in the Downtown; j. Advising merchants, property owners, and others having a business interest in the Downtown on common matters of interest; k. Serving as a liaison with City on behalf of merchants, property owners, and the general public on issues affecting the continued vitality of the Downtown; l. Providing information and cooperating with other local governments and professional organizations regarding activities or current operations of the Downtown; m. Upon request of merchants, property owners, or residents within the Downtown, making recommendations to the City about additional services needed in the Downtown and methods for funding, that are not provided for by the assessment districts and business improvement areas in place as of the date of this contract; n. Preparing annually a Work Plan, Annual Report, and Audited Financial Statement to be submitted and approved by City Council; o. Administering or providing services and activities for the Downtown as set forth in the approved work plans pursuant to Section 9.1, below; p. Managing an ambassador program that deploys resources within Downtown Santa Monica to that may provide information to visitors about activities, sites and points of interest within the Downtown, and monitors public facilities within the Downtown, provided the ambassadors are clearly not identified as representatives of the City or any law enforcement agency of the City, and do not assume any law enforcement responsibilities; q. At its sole expense, maintaining the Parking Structures Licensed Area, and the Improvements identified in Section 7.13 of this Agreement, in a clean and orderly condition, ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1949 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) clean the Parking Structures Licensed Area and the Improvements on a regular basis, and make repairs that may be required by the City. Upon expiration or earlier termination of this Agreement, DTSM must return the Parking Structures Licensed Area and all its improvements to the City in as good as condition as they were on the date that the Parking Structures Licensed Area was first granted on June 30, 2014, under the Second Maintenance Agreement, less reasonable wear and tear. If DTSM does not keep the Parking Structures Licensed Area, and the Improvements, in good repair or fails to correct any condition within forty-eight (48) hours after being notified in writing by the City, then the City may enter the Parking Structures Licensed Area and remedy the conditions and charge the cost thereof to DTSM; and r. Procuring and directly contracting with private security personnel that will be deployed for the one-year Pilot Program provided that the security personnel are clearly not identified as representatives of the City, or any law enforcement agency of the City, and do not assume any law enforcement responsibilities as specified in Section 6.2 of this Agreement. The expected level of service to be provided within the Downtown will be defined annually in the Work Plan as further described in Section 9, below. DTSM shall have no obligation to provide services to any area outside of the Downtown area except as specifically approved by the City and DTSM in writing. 3.2. Administration of Central Business District Business Improvement Area. a. Ordinance No. 725 (CCS), amended by Ordinance No. 1228, established the Downtown Parking and Business Improvement Area, also known as the Central Business District Business Improvement Area, to provide for the levy of a special assessment on retail businesses for the general promotion of retail trade activities in the area. DTSM has undertaken responsibility for the general promotion of retail trade activities in the Central Business District Business Improvement Area. b. Until elimination of the Central Business District Business Improvement Area as contemplated by the Management Plan, Section VI, DTSM shall continue to undertake responsibility for the general promotion of retail trade activities as specified by Section 3 of Ordinance No. 725 (CCS), and amended by Ordinance No. 1228. These promotional activities and their related costs shall be segregated in the Work Plan from other activities of DTSM. c. DTSM agrees that all funds received from the City for implementation of this Section shall be subject to separate accounting and shall comply with the requirements of Sections 4 and 14 of this Agreement. All funds received pursuant to this Section shall be exclusively expended for the general promotion of retail trade activities which benefit the entire Downtown, save and except the sum of up to 20% thereof, which may be retained by DTSM for administrative overhead. DTSM shall be liable to the City for any and all expenditure of funds contrary to this Agreement. 3.3 The City’s Roles and Responsibilities. The City shall support DTSM in its stated role and responsibilities, and shall be responsible for: ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1950 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) a. Delivery of City-funded maintenance equal in commitment to the level of service described in the matrix included in the Work Plan attached hereto as Exhibit B, and other municipal services to the extent that funds are available to the City; b. Funding of approved projects and programs for the Downtown, in such amounts as the City, in its sole discretion, determines necessary and appropriate; c. Design, construction, management and maintenance of capital projects, which shall be the subject of consultation with DTSM to the extent the same may affect the responsibilities of DTSM under this Agreement; d. Processing and approving permits as specified by applicable law; e. In its role as property manager, negotiating and administering the leases and licenses for the City’s Leasehold and Licensed Space within the Downtown; f. Seeking advice from DTSM on those items identified in Section 3.1 above so that the City may avail itself of the knowledge and expertise of DTSM in its advisory role on behalf of the Downtown; g. Provide written notification to DTSM when applications are sought for various private activities within the Downtown, including, but not limited to filming, special events, and for projects requiring Planning Commission review, Architectural Review Board applications, and certain construction-related projects which may have an impact on the Downtown, such as construction for exterior work, public works, and other street use projects or activities; h. Employee Parking. The City agrees to use its best efforts to provide parking passes, permits, or keycards to DTSM to be used by DTSM”s employees, board members, and the downtown ambassadors and private security services subcontracted by DTSM. DTSM shall ensure that its employees, board members, and downtown ambassadors and security service subcontractors park their vehicles only in such areas designated by the City and for the purpose of supporting DTSSM’s performance of its obligations under this Agreement. DTSM acknowledges and understands that the City is under no obligation whatsoever to provide parking to DTSM, and the City may at any time and at the City’s sole discretion, reduce the number of parking passes, permits, or keycards provided, change the designated parking areas, or otherwise restrict or revoke any parking privilege given by the City to DTSM under this Agreement. In addition, the City reserves the right to charge DTSM a fee, the amount of which may be determine by the City in its sole discretion, for DTSM’s use of parking passes, permits, or keycards; i. License to use Parking Structures. The City agrees to permit DTSM to use the Parking Structures Licensed Area. DTSM acknowledges and understands that the City is under no obligation whatsoever to permit DTSM to use the Parking Structures Licensed Area, and the City may, at any time, and at the City’s sole discretion, modify or reduce the Parking Structures Licensed Area, or otherwise restrict or revoke the Parking Structures Licensed Area, or any other ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1951 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) privilege, given by the City to DTSM under this Agreement. In addition, the City reserves the right to charge DTSM a fee, the amount of which may be determine by the City in its sole discretion, for DTSM’s use of the Parking Structures Licensed Area; j. City, by and through its Public Works Department, agrees to perform certain enhanced levels of maintenance within the boundaries of the Santa Monica PBAD that are more fully set forth in the attached Work Plan attached hereto as Exhibit B. City will make available to DTSM any currently existing documents, data, or information pertinent to these services and promptly examine and render findings on any and all documents submitted for staff review by DTSM; k. Appoint member to DTSM’s Board of Directors; l. Approve DTSM’s Annual Work Plan and Budget provided City is in agreement with proposed Annual Work Plan and Budget; and With respect to City responsibilities provided pursuant to Subsections i and j above, the parties acknowledge that because the mutual exchange of maintenance services is revenue neutral, no compensation will be provided to DTSM by City, and no compensation will be provided by DTSM, for those maintenance services to be performed by each respective party as set forth hereunder. In the event that the cost to perform the services provided by DTSM hereunder exceeds the level of funding that the City provided for such base level custodial maintenance services for the Parking Structures Licensed Areas, the difference in cost shall be borne solely be DTSM. DTSM is not responsible for additional costs of any City services to be performed by City pursuant to Subsections i and j, unless mutually agreed to by the parties in writing. m. Payment to DTSM of the following funds: (i) all funds received pursuant to adoption of Resolution No. 10336 (CCS) on July 24, 2008, establishing the Downtown PBAD, and authorizing levy of property-based assessments, after deduction of an administrative fee to be retained by the City in an amount equal to $95.90 per parcel, increased annually by the CPI for the Los Angeles-Long Beach area, subject to the requirement that the CPI adjustment not exceed 5% nor be lower than 2% in any one year, to cover City’s costs in administering and collecting the assessments; (ii) all funds received from the Mall Maintenance Fee, originally established by Ordinance No. 1382 (CCS) on August 26, 1986, less an administrative fee to be retained by the City in an amount equal to 1.27% of the Mall Maintenance Fee collected to cover City’s costs in administering and collecting the Mall Maintenance Fee. (iii) all funds received from the Central Business District Business Improvement Area pursuant to Ordinance No. 725 (CCS), as amended by ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1952 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Ordinance No. 1228 (CCS), less an administrative fee to be retained by the City in an amount equal to 5%, which shall be retained by City to cover costs of collection and administration; (iv) all funds received pursuant to adoption of Resolution Nos. 10895 (CCS) and 10896 (CCS) on July 14, 2015, establishing the Lincoln PBAD and the Colorado Overlay Zone, respectively, and authorizing levy of property-based assessments, after deduction of an administrative fee to be retained by the City in an amount equal to $95.90 per parcel, increased annually by the CPI for the Los Angeles-Long Beach area, subject to the requirement that the CPI adjustment not exceed 5% nor be lower than 2% in any one year, to cover City’s costs in administering and collecting the assessments; (v) all funds related to the annual payment of general benefit for the properties within the boundaries of the Lincoln PBAD and Colorado Overlay Zone as set forth in the Engineer’s Reports; and (vi) City will disburse to DTSM all funds received and accounted for as of December 31, February 28, May 31, August 31, and September 30 of each year, within 21 days after the aforementioned dates, for the Downtown PBAD assessment, Mall Maintenance Fee, Central Business District Business Improvement Area fee, Colorado Overlay Zone, Lincoln PBAD assessment, and general benefits, less the applicable administrative fee, and less any reimbursements that may have been made to assessees or fee payers to correct incorrect assessments. The City will include with the disbursements a report that clearly explains how much was collected for each fee, the amount of the administrative fee and reimbursements that were deducted from the disbursement, for the benefit of DTSM’s budget planning and program administration. SECTION 4. ADMINISTRATION OF FUNDS DTSM agrees that all funds received from the City for implementation of this Agreement shall comply with the requirements of Section 14 of this Agreement. DTSM shall render a full and accurate accounting for the expenditures annually. DTSM shall be liable to and shall reimburse the City for any and all expenditure of funds contrary to this Agreement. SECTION 5. COMMUNITY PLANS AND CONSTRUCTION PROJECTS. 5.1. Community Plans. DTSM may gather public input and make recommendations to the City regarding land use, circulation, design and other policies and community plans that affect the Downtown. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1953 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 5.2. Capital Improvement Projects. DTSM may make recommendations to the City for capital improvements to be constructed in the Downtown. SECTION 6. MAINTENANCE AND MANAGEMENT OF PUBLIC AREAS. 6.1. General Maintenance Matters. DTSM shall report to the City any maintenance and repair problems falling within the City’s jurisdiction, which DTSM becomes aware of or observes. Effective upon the Execution Date of this Agreement, the City will continue to provide maintenance-of-effort and base level services equal in commitment level to the services provided by the City as of the Execution Date of this Agreement for the repair and service of the streetscape, public areas and other public improvements within the Downtown as described in the Work Plan attached hereto as Exhibit B, and to the extent that funds are available to the City. The City shall undertake any regular maintenance and repair work it deems necessary at its discretion. The City shall undertake to advise DTSM, where possible, of any non-routine maintenance projects so that DTSM may assist in the coordination of such projects with the day-to-day operation of the Downtown. DTSM shall directly provide supplemental and enhanced maintenance services and programs throughout the Downtown to the extent funds are available through Mall Maintenance Fees and property-based assessments for the purposes described in section 3.1 of this Agreement. DTSM and City shall coordinate such additional maintenance services and the City base level services to avoid operational conflicts. DTSM may retain vendors or subcontractors for such supplemental maintenance services. DTSM and City staff will cooperate to prepare an annual plan that will describe in detail the base and enhanced services for the upcoming year. DTSM and City will meet and confer on a regular basis to ensure that all services are being delivered in a coordinated manner and in accordance with high standards for cleanliness and efficiency. DTSM shall ensure that its subcontractors adhere to the same standards of sustainable maintenance practices as are followed by City maintenance. 6.2. Public Safety Services. DTSM may advise the City with respect to any safety or security issues within the Downtown. The DTSM may, at its election, retain or provide private security personnel, street performer monitors, ambassador services, and concierge services (collectively, “security personnel”) for the benefit of Downtown visitors using the revenues generated by the Mall Maintenance Fees and property-based assessments described herein, or from other revenue sources for these purposes. DTSM will not deploy security services in the Downtown after the expiration of the Pilot Program unless, pursuant to the California Streets & Highways Code section 36636, the City modifies the management district plans for the assessment districts located within the Santa Monica PBAD in which security personnel will be deployed. Such modifications are necessary ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1954 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) to, among other things, identify security services as an activity and the level of security services, that will be funded with the revenue collected from the levy of assessments for these districts. In the event that DTSM intends to deploy security services after the expiration of the Pilot Program within the Downtown, then no later than One Hundred and Twenty (120) days prior to the expiration of the Pilot Program, DTSM will provide the City a written request that the City modify the management district plans for the assessment districts in which security personnel will be deployed. DTSM understands and acknowledges that California Streets & Highways Code section 36636 requires that the City comply with noticing requirements to notify each business or property owner affected by the proposed modifications and that the City Council hold a public hearing prior to modifying management district plans. In the event that such modifications to the management district plans are not adopted by the City prior to the expiration of the Pilot Program to permit the continued deployment of private security services in Downtown, DTSM agrees that it will cease its deployment of the private security services in Downtown upon expiration of the Pilot Program. During special events, DTSM may also hire personnel to serve as ushers or monitors with prior written approval of the Santa Monica Police Department. Such ushers or monitors may be in uniform but shall not hold themselves out to be agents, employees, or independent contractors of the City. a. Limitation on Duties of Security Personnel. Security personnel that DTSM deploys to service the Santa Monica PBAD shall have no ability to exercise any police functions, and security personnel duties shall be limited to performing security personnel services, including observing and reporting potential crimes to the Santa Monica Police Department. Additionally, DTSM shall ensure that any security personnel retained and provided by DTSM do not interfere with the operations of the Santa Monica Police Department. b. City Not Responsible for Directing Means and Methods of Security Personnel. DTSM understands, acknowledges, and agrees that City shall not be responsible for directing means and methods of security personnel functions and duties that are performed for the Pilot Program or extension thereof. DTSM acknowledges, understands, and agrees that security personnel retained or provided by DTSM shall not be deemed as agents, employees, or independent contractors of the City, and security personnel shall not hold themselves out to be agents, employees, or independent contractors. DTSM represents that all of DTSM’s subcontractors that will provide security personnel for the Downtown, possess the training, qualifications, and ability to perform the security services in a professional manner, without the advice, control, direction, or supervision of City, including its Santa Monica Police Department. c. Compliance with Santa Monica Municipal Code. Security personnel shall comply with Santa Monica Municipal Code section 3.36.140 at all times while performing its functions and duties. 6.3. Management. DTSM may assist in and make recommendations to City for the day-to-day management, operation and programming of the Public Areas. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1955 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) SECTION 7. MANAGEMENT OF LEASEHOLD AND LICENSED SPACE. 7.1. Management of Leasehold Space and Licensed Space. DTSM may advise the City regarding uses and operations of prospective or existing tenant or licensees in Leasehold Space or License Space. All recommendations from DTSM to the City on leases and licenses shall follow the guidelines set forth in the most current Leasing Guidelines approved by the City. Upon finalization of any agreement, DTSM shall advise and assist the tenant and the City with any future leasing issues as they arise. 7.2. General Duties and Responsibilities Regarding Leases and Licenses. DTSM may advise the City regarding recruitment of new tenants or licensees for any available Leasehold Space or License Space within Downtown. DTSM may assist the City on an as-needed basis in the monitoring of conditions of the lease or license. As requested by the City, DTSM may serve as a liaison between the City and the tenants and licensees with respect to resolution of disputes. 7.3. Lease and License Execution. City shall review with DTSM the uses, terms, and conditions of any new or amended lease or license for any City-owned property or Public Areas within the Downtown. All leases and licenses shall be consistent with the most current Leasing Guidelines, as they now exist or as amended from time to time in the future. After review, all such leases and licenses shall be entered into by the City pursuant to the execution procedures set forth in Santa Monica Municipal Code §2.32.030 et seq. 7.4. Management of Leases and Licenses. The City shall maintain the original signed leases and licenses in the Clerk’s Office with copies forwarded to DTSM. 7.5. Enforcement. City shall have complete authority and responsibility in the enforcement of all leases and licenses in the Downtown. Such enforcement shall include, but not be limited to, collection of rental amounts owed to the City, enforcement of other lease or license requirements, declarations of any default, termination, and bringing or defending any litigation arising from a lease or license dispute. 7.6. Rules and Regulations. From time to time, DTSM may recommend to the City such rules and regulations or such revisions to Leasing Guidelines with respect to the Leasehold Space and Licensed Space as will provide for the orderly operation of Downtown Santa Monica consistent with this Agreement, and which will provide for a harmonious relationship between tenants, licensees, City, and DTSM. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1956 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 7.7. DTSM Not Broker/Agent. It is specifically understood and agreed that DTSM is not acting as a real estate broker or agent. DTSM’s relationship with City is that of an advisor, planner, and facilitator, and not that of a property manager or any other party who performs any service for which a real estate broker’s or salesperson’s license is required pursuant to the California Business and Professions Code. 7.8. Other Structures Constructed in Public Areas. Neither DTSM nor any private person or entity shall be entitled to erect structures or improvements on the Public Areas with the exception of tenant or licensee improvements authorized pursuant to a City approved lease or license agreement pertaining to the Leasehold Space or Licensed Space. No alterations may be made to any City-constructed Leasehold Spaces, including the retail pavilion structures on the Third Street Promenade without City’s prior written approval. Nothing in this Section prohibits DTSM from placing temporary installations or decorations consistent with the roles and responsibilities of DTSM under this Agreement, provided, however, that permits required under the Santa Monica Municipal Code first shall be obtained as applicable. 7.9. Vending Cart Operations. DTSM may advise and assist City in the management of the vending cart operations in the Downtown, including vending cart operations authorized on the Third Street Promenade and other Downtown vending cart activities authorized under S.M.M.C. Section 6.36.070, vending cart leasing guidelines, if any, and as amended, and agreements approved by the City. City may, at its sole discretion, authorize DTSM to directly manage such vending cart operations as the designated Administrator. 7.10. Outdoor Dining License Agreements. The City, through approved License Agreements, may in its sole discretion allow licensees to operate outdoor dining areas in the public right-of-way at certain locations within the Downtown in accordance with City ordinances. City shall advise DTSM of these outdoor license agreements and seek DTSM’s input. At City’s request, DTSM may monitor performance of outdoor dining in accordance with the License Agreement. 7.11. Grant of License. The City hereby grants to DTSM a revocable license for DTSM to enter and use particular office and storage areas and shared facilities in the Parking Structures Licensed Areas, at no cost to DTSM, as designated in the Work Plan attached hereto as Exhibit B, which may be modified by the City in writing from time to time, and additional areas may be identified and approved in writing by the City. Utility services (excluding telecommunications) for the Parking Structures Licensed Areas will also be provided by City. DTSM agrees to utilize the designated office and storage areas in the Parking Structures Licensed Areas to perform DTSM services pursuant to this Agreement. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1957 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 7.12. License Areas Accepted “As Is”. DTSM has inspected and accepts the Parking Structures Licensed Areas and any existing improvements and facilities on the Parking Structures Licensed Areas “AS IS, in their present condition, and without representation or warranty by the City as a condition of the Parking Structures Licensed Areas or any present or future stability of the Parking Structures Licensed Areas. The City is not required to make any changes, alterations, additions, improvements or repairs in or about the Parking Structures Licensed Areas during the term of this Agreement. DTSM may not make any changes to the Parking Structures Licensed Areas without the prior written consent of City. All approved changes will be at DTSM’s sole expense. 7.13. Improvements. The City and DTSM acknowledge that DTSM has installed a storage cage on Level B2 and Level B3 of Parking Structure 6 within the Parking Structures Licensed Area (collectively “Improvements” as designated in Exhibit B attached hereto.). The Improvements and their use must be consistent with the Work Plan approved by City under this Agreement and will be deemed to be DTSM’s personal property for the term of this Agreement and any extension thereof. DTSM may not make any changes to the Improvements without the prior written consent of the City. No other furnishings or fixtures may be installed in such a manner as to become permanently affixed to or a part of the Parking Structures Licensed Area. The City reserves the right to order the removal or alteration of any Improvements that are not consistent with City requirements. Upon the expiration or earlier termination of this Agreement, the Improvements shall become the property of the City; or, the City may require DTSM to remove any Improvements. In removing any Improvements, DTSM must restore the Parking Structures Licensed Area and repair any damage caused by such removal. Any installation or removal of, or changes to, the Improvements under this paragraph will be at DTSM’s sole expense. 7.14. Nature of License Relationship. It is understood and agreed that the conditional and limited licenses to use Parking Structures Licensed Areas granted by this Agreement does not constitute an estate or interest in real property, but is merely a conditional, limited right to enter upon and use the Parking Structures Licensed Areas. Neither this Agreement, or action, failure to act, statement, representation, recognition, certificate, approval, or permit issued by the City, or its representatives, agents, employees, attorneys, or assigns, shall create, confer, or convey any vested or nonconforming right or benefit regarding the Licensed Areas. The relationship between City and DTSM with respect to Parking Structures Licensed Areas is solely that of licensor and licensee and not of landlord and tenant or easement grantor and easement grantee, or any other relationship. Notwithstanding any action of either party in the future, under no circumstances will the license granted herein ripen into either a lease or an easement, whether under a claim of prescriptive easement or otherwise. 17.15. Ingress and Egress. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1958 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) The City reserves the right to enter upon the Parking Structures Licensed Areas at any time during the term of this Agreement, and will provide at least 24 hours’ advance notice of entry, unless an emergency or other exigent circumstances preclude such advance notice. The City may remove DTSM from the use of the Parking Structures Licensed Areas, at any time and without notice to DTSM, if such removal by the City is necessitated by an emergency pertaining to the public health, safety or welfare of any person, which determination will be made in the City’s sole discretion. 17.16. Nontransferable Licenses. The license rights granted to DTSM under this Agreement are non-transferable. DTSM is prohibited from assigning any of its interests to the Parking Structures Licensed Areas to any other party or parties without the City’s prior written consent. Any attempt to do so will be null and void, and any purported assignee or transferee will acquire no right in the Parking Structures Licensed Areas. SECTION 8. ADVERTISING, PROMOTION, ENTERTAINMENT, AND SPECIAL EVENTS. 8.1. DTSM Programs. DTSM shall be responsible for development and implementation of various advertising, promotional, entertainment, and special event programs which will enhance the pedestrian enjoyment, commercial operation and aesthetic quality of the Downtown, as well as support and enhance the Downtown’s commercial, retail and entertainment qualities. DTSM may manage temporary holiday or special events and installations subject to compliance with the permit requirements of applicable law. 8.2. Filming and Special Events. DTSM shall facilitate filming and special event activities in the Downtown. Such filming and special event activities shall be in accordance with the permit requirements of applicable law, the City’s Community Event Management Plan or other such special event regulations as the City may, from time to time, adopt and shall not be amended without prior written approval of City. DTSM shall recommend a schedule of commercially reasonable fees and charges for filming and special events, subject to approval by the City. The City shall consult and coordinate with DTSM prior to selecting the Downtown as a venue for a special event. 8.3. Signs and Banners. DTSM shall also have the right and authority to display signs or banners, or other similar items, as provided in the Specific Plan and in compliance with applicable law, to advertise promotional programs or otherwise generally to promote the Downtown. Any such signs or banners shall be subject to all applicable City ordinances, laws, rules and regulations. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1959 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 8.4. Street Performers. DTSM shall advise and make recommendations to City regarding street performers in the Downtown. Such advice and recommendations may pertain to the promulgation of regulations governing time, place and manner restrictions for street performers, the administration of street performer regulatory programs, the administration of street performer monitor programs, and enforcement of such street performer regulations that the City may, from time to time, adopt. SECTION 9. REPORTING REQUIREMENTS. 9.1. Establishment of Work Plan. DTSM shall prepare an annual operational, programmatic and development plan (known as the “Work Plan”) and budget (“Budget”) for implementation of DTSM’s roles and responsibilities set forth in Section 3 of this Agreement. Such Work Plan and Budget shall describe in detail the activities and services to be performed by DTSM, with corresponding expenditures and revenues. These programs shall take into account the different funding sources anticipated, and may change from year to year. The Work Plan shall also describe the enhanced maintenance that DTSM will provide in that fiscal year. In preparing the Work Plan, staff from the City and DTSM shall meet and confer to coordinate the roles and responsibilities set forth in Section 3 of this Agreement. The services provided by DTSM and the City, respectively, must remain revenue neutral and consistent with the Management Plan for Downtown PBAD and Streets and Highways Code section 36625. DTSM shall submit the Work Plan and Budget to the City Manager for the City’s review at least ninety (90) days prior to commencement of each fiscal year. This annual Work Plan is required to be submitted to and approved by the City as contemplated by Streets and Highways Code section 36650. DTSM shall consider and reasonably incorporate into the Work Plan and Budget recommendations made by the City. 9.2. THIS SECTION LEFT INTENTIONALLY BLANK 9.3. Annual Report. DTSM shall submit an Annual Report to City within one hundred and twenty (120) days of the end of DTSM’s fiscal year. The Annual Report shall include a status discussion concerning (i) the operation of the Downtown; (ii) the various programs conducted by DTSM in connection with the Downtown and this Agreement, including reports concerning programs and uses of funds; (iii) the accomplishment of objectives contained in the prior year’s Work Plan; and (iv) any other matters connected with the Downtown or within DTSM’s knowledge which have a material impact on the Downtown or the purposes or performance of this Agreement. 9.4. Annual Financial Report. An audited annual financial report shall be prepared by DTSM in such form as required by the City’s Director of Finance and shall be submitted within one hundred and twenty (120) days of the end of DTSM’s fiscal year. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1960 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 9.5. Miscellaneous Reports and Information. DTSM shall deliver to City copies of all notices, agendas, and minutes of DTSM’s Board of Directors meetings, quarterly financial reports of expenditures, annual reports of all programs and promotional activities, and any other information requested by City promptly upon request. In addition, DTSM shall prepare, from time to time, reports on such other matters relating to its responsibilities as City may reasonably request. SECTION 10. TERMINATION. 10.1. Termination Upon Default. In the event DTSM fails or refuses to perform any of its obligations hereunder, at the time and in the manner required by this Agreement, the City shall provide DTSM with written notice of default and the steps necessary to cure such default. DTSM shall cure such default within thirty (30) days from the date of written notice from the City. If, however, the default cannot reasonably be cured within said thirty (30) days, the City may extend the time for cure. In the event DTSM fails to cure in a timely manner, the City may exercise any remedies available under law or equity, including but not limited to: a. Terminate this Agreement immediately by giving DTSM written notice thereof. b. City may take steps to cure the default and, to the extent permissible, recover costs incurred due to the default by retaining said costs from assessments collected by the City from property and business owners. Exercise of either of the above remedies by City shall in no way limit City’s exercise of any other remedies existing at law or in equity. 10.2. Termination Without Cause. a. Either party may terminate this Agreement immediately if the Santa Monica PBAD is dissolved pursuant to applicable state law upon written notice to the other party. b. DTSM may terminate this Agreement without cause, at anytime, during the term of the Agreement upon six (6) months’ written notice to the City. 10.3. Reversion of Funds and Property. Upon termination of this Agreement, DTSM shall immediately convey to City all unspent funds within DTSM’s possession or control, whether such funds were originally from City or from other sources, together with an accounting of all financial obligations of DTSM at the time of termination. All furniture, equipment and supplies, and all other assets of DTSM, shall revert to the City at the termination of this Agreement. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1961 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) SECTION 11. AVAILABILITY OF CITY INFORMATION. Upon reasonable notice, the City will make available to DTSM all public documents at its disposal reasonably required to fulfill the purposes and intent of this Agreement, including census data, property ownership records, copies of maps, studies and professional consultant and City staff reports relevant to the Downtown. In addition, City shall make available to DTSM planning and marketing studies and economic analyses which affect the Downtown. DTSM shall have access to public records regarding any proposed development in the Downtown, or any development which would restrict vehicular or pedestrian access to the Downtown or otherwise materially affect the operation or management of the Downtown. Additionally, the City shall, upon reasonable notice, make available to DTSM non-confidential information concerning costs and revenues attributable to Downtown area facilities and programs available to DTSM. SECTION 12. PURCHASING AND OTHER MONETARY OBLIGATIONS FOR OPERATION OF THE DOWNTOWN. DTSM shall be solely responsible for costs and expenses incurred in connection with the satisfaction of its obligations under this Agreement, including, but not limited to, salaries, insurance and payroll taxes for its employees. DTSM shall also bear all costs for programmatic activities identified in the annual Work Plan and annual Budget, including, but not limited to, marketing, promotions and special events. However, DTSM shall not be responsible for payment of any property taxes, insurance, assessments or other costs associated with the ownership or operation of real property or the Public Areas of the Downtown, except as may be specifically required to be paid by DTSM pursuant to this Agreement or its annual budget, as approved by the City. SECTION 13. COMPENSATION. 13.1. Annual Budget. After deduction of administrative fees and any reservations for refunds owed to assessees or fee payers, as provided in this Agreement, City will provide DTSM the balance of assessment and fee revenues generated by businesses and property owners within the Downtown for purposes of performing services pursuant to this Agreement. Use of the funding shall be consistent with the Annual Plan required hereunder. Nothing herein shall be deemed to obligate the City to fund any specific amount of money for DTSM. Consistent with the requirements of this Agreement and local, state and federal laws, as well as DTSM’s conflict of interest requirements, nothing in this Agreement shall otherwise preclude DTSM from accepting contracts or funding from various business improvement areas, assessment districts, private sponsorships for events or other sources of revenue. DTSM may accept such funding or contracts, provided that the purpose of these funds or contracts falls within the general purpose of the continued revitalization and promotion of the Downtown and is consistent with the purposes and intent to this Agreement. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1962 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 13.2. Filming and Special Event Fees. DTSM shall have the right and authority to collect filming and special event location fees in accordance with a fee schedule established by DTSM and approved by the City for filming and special events occurring Downtown. All film application fees shall be retained by the City. DTSM shall provide the City with an accounting of all filming and special event fees collected as part of the annual DTSM budget. 13.3. No Naming Rights. Nothing in this Agreement is intended to permit DTSM to allow any person, including any corporation to have the right to have his, her, or its name associated with the Downtown. This Section shall not apply to sponsors of special or temporary events conducted pursuant to and consistent with the current Work Plan. SECTION 14. DTSM OPERATING STANDARDS. 14.1. By-Laws a. DTSM has adopted By-laws approved by City governing its operations, including procedures for amendment of said By-laws. Under the By-laws approved by the City on January 13, 2009, the By-laws may not be amended or repealed without prior written approval of at least seven (7) Directors. A copy of the By-laws is on file in the offices of DTSM. b. As a condition precedent to the effectiveness of this Agreement, DTSM shall amend its By-laws to provide that a person shall not qualify nor remain as a Director, if that person is an agent, representative, employee or volunteer of the owner of property or the owner of property not current in payment of special or general benefit assessments, fees or licenses imposed within the Downtown. 14.2. Nondiscrimination. DTSM certifies and agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, marital status, age, sexual orientation, disability or condition of having AIDS, in accordance with the requirements of local, state and federal law. DTSM also agrees that it will provide equal opportunity to all employees and applicants without regard to race, color, religion, national origin, ancestry, sex, marital status, age, sexual orientation, disability or condition of having AIDS, in accordance with requirements of local, state and federal law. Such shall include, but not be limited to, the following: a. Employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and b. Selection for training, including interns and apprentices. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1963 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) c. DTSM agrees to post notices setting forth the provisions of this Section in conspicuous places in each of DTSM’s facilities providing services hereunder, available and open to employees and applicants for employment. d. DTSM shall state, in all solicitations or advertisements for employees placed by or on behalf of DTSM , that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, marital status, age, sexual orientation, disability or condition , in accordance with requirements of local, state and federal law. e. In accordance with applicable state and federal law, DTSM shall allow duly authorized county, state, and federal representatives access to its employment records during regular business hours in order to verify compliance with the nondiscrimination provisions of this Section. DTSM shall provide such other information and records as such representatives may require in order to verify compliance with the nondiscrimination provisions of this Section. If City finds that any of the provisions of this Section have been violated, the same shall constitute a material breach of this Agreement upon which City may determine to cancel, terminate, or suspend this Agreement. While City reserves the right to determine independently that the nondiscrimination provisions of this Agreement have been violated, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that DTSM has violated State and Federal nondiscrimination laws shall constitute a finding by City that DTSM has violated the nondiscrimination provisions of this Agreement. DTSM will provide the City with a copy of its personnel policies manual which sets forth the policies governing transactions between employees and prospective employees and the DTSM relating to employment benefits and other personnel-related services. DTSM shall not discriminate in any manner in providing the services set forth in this Agreement. All contracts or agreements entered into by DTSM shall comply with Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d, and with Section 504 of the Rehabilitation Act, 29 USC Section 794. In accordance with these statutes and other federal, state, and local laws, no person in the United States shall, on the grounds of race, creed, color, disability, national origin, sex, age, marital status, sexual orientation, HIV/AIDS status, political affiliation or religious beliefs, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity provided by DTSM. DTSM and any of its subcontractors shall adhere to all regulations set forth by the Americans with Disabilities Act (ADA). Any contracts awarded by DTSM shall comply with the terms of this Section. 14.3. Accounting Procedures. DTSM shall maintain its books and records in accordance with generally accepted accounting principles (GAAP), and in such form as will facilitate accurate preparation of necessary fiscal reports and in such form as is otherwise acceptable to the City. DTSM may retain the services of a certified public accountant for assistance in this function. City shall have access to all of DTSM’s books, records, and accounts, including those records kept pursuant to Section 4 of this Agreement, and shall have the right to audit such books, records and accounts upon reasonable notice and during normal working hours. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1964 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 14.4. Subcontractors. DTSM will enter into contracts with subcontractors to perform, in part, the DTSM services contemplated under this Agreement. DTSM is responsible for the quality of all subcontractor work performed under this Agreement. DTSM is also responsible for ensuring that every subcontract or agreement of any kind entered into between DTSM and subcontractor (or between subcontractor and others) for or in connection with performance of services provided by DTSM under this Agreement will be consistent with this Agreement and Management Plan. DTSM shall submit to the City an executed copy of any and all agreements with subcontractors arising from or related to this Agreement. With respect to private security services for the Downtown, DTSM shall submit to the City a copy of the proposed agreement between DTSM and subcontractor for City review and approval by the City Manager prior to execution of the agreement. City Manager shall approve the proposed agreement provided that the proposed agreement is consistent with this Agreement. DTSM may terminate and replace the services of any subcontractor that is performing services pursuant to annual work plans, subject to the prior written approval of the City. Requests for subcontractors shall be submitted in writing, describing the scope of work to be contracted, the name of the proposed subcontractor, and the total price or hourly rates used in preparing an estimated cost for the subcontractor’s services. The City may issue approval of the subcontractor in the form of a Work Order. 14.5 Compliance with Laws and Management Plan. DTSM shall comply with all laws of the State of California and the United States, all ordinances, rules and regulations enacted or issued by City including, but not limited to, Articles 2 and 3, Division 2, Part 7, Chapter 1 of the Labor Code, State of California related to prevailing wage, apprentices, penalties and certified payroll. 14.6. Registration with the Department of Industrial Relations; Compliance Monitoring. a. DTSM understands, acknowledges and agrees that no contractor or subcontractor may be listed on a bid proposal for a public works project (within the meaning of Labor Code section 1720) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a). b. DTSM understands, acknowledges and agrees that no contractor or subcontractor may be awarded a contract for public work on a public works project (within the meaning of Labor Code section 1720) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1965 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) c. All public works projects (within the meaning of Labor Code section 1720) performed or caused to be performed by DTSM under this Agreement, or other agreement for services or improvements to be performed by DTSM under this Agreement, shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. d. In addition to any other indemnities provided to City under this Agreement, DTSM shall defend, indemnify and hold the City and its respective officers, employees and agents harmless against any penalties, claims, demands, judgements, damages, or costs, resulting or arising from the implementation of any public works project under the Maintenance Agreement, in violation of the Labor Code. This Section 4.4 shall survive termination of the Maintenance Agreement. SECTION 15. INSURANCE AND INDEMNIFICATION. 15.1. Insurance Requirements for DTSM and Third Parties. For the duration of the term of this Agreement, DTSM shall obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements. For the duration of the term of this Agreement, every subcontract or agreement of any kind entered into between DTSM and a subcontractor (or between any DTSM contractor and others) shall require the subcontractor to provide the minimum scope and limits of insurance set forth in Exhibit C. 15.2 Indemnity by DTSM. DTSM shall indemnify, save, protect, defend and hold harmless the City, its City Council, boards and commissions, agents, officers, representatives, employees, lenders and volunteers (collectively, the “City Indemnified Parties”) from any and all liability, claim, action, demand, proceeding, loss, damage, cost, expense, or injury to persons or property (collectively, “Indemnified Claims”) to the extent caused, claimed to be caused, in connection with, or arising from the act, errors, and/or omissions of DTSM or DTSM’s officers, agents, employees, subcontractors, and contractors, in the performance of the services or work required to be conducted by DTSM pursuant to this Agreement, except to the extent any Indemnified Claim is caused by the active negligence or willful misconduct of the City. DTSM’s obligation to indemnify, defend and hold harmless City Indemnified Parties does not extend to the maintenance, service, repair or condition of City owned facilities, streets, and sidewalks, unless the responsibility for such maintenance, repair or condition has been assumed by DTSM pursuant to the terms of this Agreement or Indemnified Claim is caused by the acts, errors, and/or omissions of DTSM or DTSM’s officers, agents, employees, subcontractors, contractors, in the performance of the services or work required to be conducted by DTSM pursuant to this Agreement. If any action or proceeding is brought against any of the City Indemnified Parties in connection with any Indemnified Claims indemnified by DTSM as set forth above, DTSM, upon notice from City, shall defend the same at DTSM’s expense with counsel approved by City, subject to the reasonable requirements of DTSM’s insurance carrier if defended by same, which ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1966 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) approval shall not be unreasonably withheld. It is understood and agreed that DTSM’s insurance set forth in Section 15.1, shall be the primary insurance in connection with the Indemnified Claims. 15.3. Third Party Indemnity Except as otherwise approved in writing by the City, DTSM shall require that all written contracts that it enters into with contractors, subcontractors, indemnify, save, protect, defend, and hold harmless the City Indemnified Parties, DTSM and their respective officers, directors, agents, employees, and affiliates from any and all liabilities, losses and claims, and reimburse them for all expenses they incur (including the costs of litigation and reasonable attorneys' fees) on account of personal injury or death to persons and damage to property which occurs in the Downtown, to the extent caused by the acts, errors, and/or omissions or misconduct of such contractor, subcontractors, or employees or agents of such subcontractor, contractor, arising from or related to the performance of work or services it performs on or about the Downtown, or from such contractor or subcontractor’s property. Each contractor or subcontractor that DTSM employs hereunder shall pay for and defend any and all suits or actions threatened or instituted against DTSM or City Indemnified Parties, and shall pay all reasonable attorneys' fees, litigation costs and all other expenses in connection therewith, and shall promptly discharge any judgments arising therefrom. These conditions shall also apply to any work or operations subcontracted by such contractors or subcontractors. Such provisions shall expressly survive the expiration of any contracts in which they are contained. This Section 15.3 does not relieve DTSM from performing its obligations pursuant to Section 15.2, above. 15.4. Enforcement Costs. DTSM agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in this Section 15. SECTION 16. MISCELLANEOUS. 16.1. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements are merged herein. No other verbal agreement, oral or written, or implied covenant shall be held to vary the provisions of this Agreement. Any modification of this Agreement will be effective only by written execution signed by both City and DTSM, and approved as to form by the City Attorney. 16.2. Delegation and Assignment. DTSM shall not delegate or assign all or any portion of its rights or duties under this Agreement to any person, firm, or entity, except as may be specifically permitted by this Agreement. DTSM may subcontract work to fulfill its responsibilities under this agreement. DTSM shall be responsible for the quality of all subcontractor work performed pursuant to this Agreement. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1967 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 16.3. Notices. All notices, demands, requests, consents, or approvals as may be required or permitted to be given under this Agreement shall be in writing and shall be sent via mail, or hand delivered, to the parties at the addresses set forth below. To DTSM: Downtown Santa Monica, Inc. Attention: CEO 1351 Third Street Promenade, Suite 201 Santa Monica, California 90401 To City: City of Santa Monica Economic Development Division Attention: Economic Development Manager 1901 Main Street, Suite E Santa Monica, California 90405 With copies to: City of Santa Monica City Manager’s Office 1685 Main Street Santa Monica, CA 90401 Attention: City Manager City of Santa Monica City Attorney’s Office 1685 Main Street, Room 310 Santa Monica, CA 90401 Attention: City Attorney 16.4. No Interest in Property. This Agreement shall not be deemed at any time to be an interest in real property or a lien of any nature against the Downtown, the Third Street Promenade, or the real property upon which the Third St. Promenade improvements are erected. This clause shall be self-operative and no further instrument of subordination shall be required. The relationship of the City and DTSM shall not be that of a partnership, joint ventures, or otherwise of co-owners. 16.5. Other Services. In addition to the services specifically set forth in this Agreement, DTSM shall perform from time to time such other services necessary or desirable for the operation, management, restoration, and continued revitalization of the Downtown as the City shall reasonably request and may be practicable within the DTSM annual budget. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1968 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 16.6. Approvals. All approvals requested or required to be given by either party hereto, unless a specific time frame is set forth in this Agreement, shall be given within thirty (30) days following delivery of the request for approval. All approvals shall be in writing. 16.7. Waiver. A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. 16.8. Governing Law. This Agreement has been made and shall be construed and interpreted in accordance with the laws of the State of California. 16.9. Compliance with Applicable Law. DTSM shall perform all of the services set forth in this Agreement in complete accordance with all applicable municipal, state or federal laws, ordinances, rules and regulations. 16.10. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement. 16.11. Severability. If any term or provision, or any portion thereof, of this Agreement, or the application thereof to any, person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances, other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 16.12. Venue and Jurisdiction. City and DTSM agree that any litigation arising out of this Agreement may only be brought in either the unites States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to the is Agreement. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1969 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 16.13. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. Neither the City nor its officers or employees have any control over the conduct of DTSM or any of DTSM’s agents, employees, or subcontractors, except as otherwise provided herein. 16.14. Execution in Counterparts. This Agreement, and all amendments and supplements to it, may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single document. Any signature to this Agreement transmitted electronically through DocuSign, PDF, or other electronic form shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature). 16.15. Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of any alleged breach of any provision of this Agreement, the prevailing party will be entitled to receive from the losing party all reasonable costs, disbursements, and expenses, and such amount as the court may adjudge to be reasonable attorney fees. 16.16. Permits and Licenses. DTSM, at its sole expense, shall obtain and maintain during the term of this Agreement all required business and professional permits, licenses, and certificates that are required to perform its obligations under this Agreement. 16.17. City’s Proprietary Capacity. DTSM agrees that City, in making and entering into this Agreement, the City is also acting in City’s proprietary capacity for all purposes and in all respects. Nothing contained in this Agreement may be deemed directly or indirectly to restrict or impair in any manner or respect whatsoever any of City’s governmental powers or rights or the exercise thereof by City, whether with respect to the Parking Structures Licensed Areas or DTSM’s use thereof or otherwise. It is intended that DTSM must fulfill and comply with all requirements as may be imposed by any governmental agency or authority of City having or exercising jurisdiction over the Parking Structures Licensed Areas in its governmental capacity. 16.18. Captions and Headings. The Section captions and headings are for convenience of reference only and in no way shall be used to construe or modify the provisions set forth in this Agreement. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1970 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 16.19. Recitals and Exhibits. The Recitals set forth above and the following Exhibits shall be included as a term of this Agreement and are incorporated herein by reference: Exhibit A: Downtown Santa Monica Map Exhibit B: FY 2023-24 Work Plan (includes DTSM Management Plan Services and City Baseline Service Matrices) Exhibit C: Insurance Requirements IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF SANTA MONICA, a municipal corporation By: ____________________________ DAVID WHITE City Manager APPROVED AS TO FORM: __________________________ DOUGLAS SLOAN City Attorney ATTEST: __________________________ DENISE ANDERSON-WARREN City Clerk DOWNTOWN SANTA MONICA, INC., a non-profit public benefit corporation By: ________________________________ Chair ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1971 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Mall Assessment Area Lincoln Expansion Colorado Overlay Central Business Improvement District Zones 1-3 = DTSM PBAD Downtown Santa Monica Exhibit A - DTSM Map ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1972 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) DOWNTOWN SANTA MONICA, INC. ANNUAL WORK PLAN + BUDGET FY2023/24 1 Exhibit B - DTSM Work Plan ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1973 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Table of Contents Introduction...................................................................................................................................................................3 Services..................................................................................................................................................................... 4 Strategic Priorities.....................................................................................................................................................4 Fiscal Year 2023/2024 Budget and Allocations.........................................................................................................5 Operations and Public Space Management...................................................................................................... 5 Public Safety.......................................................................................................................................................5 Advocacy and Oversight................................................................................................................................. 5 Parking Structure Custodial Maintenance......................................................................................................6 Enhanced Custodial Maintenance.................................................................................................................6 Parks Attendants, Restroom Monitoring, and Social Outreach....................................................................6 Placemaking and Beautification.....................................................................................................................6 Communications, Events, & Development...........................................................................................................7 Community Events and Activations.................................................................................................................7 Partnerships.........................................................................................................................................................7 Public Relations and Promotions......................................................................................................................7 Economic Development and Advocacy.......................................................................................................7 Data and Research...........................................................................................................................................8 Communications and Outreach..................................................................................................................... 8 Organizational Management................................................................................................................................ 9 Administrative Functions................................................................................................................................... 9 Professional Support...........................................................................................................................................9 Board and Staff Education and Development..............................................................................................9 Exhibit A - FY23-24 Budget.....................................................................................................................................10 Exhibit B - District Boundary Map..........................................................................................................................11 Exhibit C - Downtown Parking Structures Licensed Area.................................................................................. 12 Board Directory......................................................................................................................................................15 Staff Directory.........................................................................................................................................................15 DTSM, Inc. Operations Enhanced Maintenance Schedules.................................................................................. 16 Parking Structure Maintenance Schedule....................................................................................................16 Lincoln Blvd and Colorado Ave Maintenance Schedule...........................................................................16 Pressure Washing Schedule............................................................................................................................17 Restroom Monitoring Schedule......................................................................................................................17 General Maintenance Schedule...................................................................................................................18 Activity Frequency...........................................................................................................................................18 City of Santa Monica Public Works Maintenance Service Matrix....................................................................19 2 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1974 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) DOWNTOWN SANTA MONICA, INC. FY2023-24 OPERATIONAL PLAN Introduction It is the mission of Downtown Santa Monica, Inc. ( DTSM, Inc.) to manage services and operations in Downtown Santa Monica while promoting economic stability, growth and community life within this unique neighborhood. To produce a strong and vibrant pedestrian-oriented downtown, DTSM, Inc. leverages its services, relationships and expertise to develop, implement, and maintain various programs for enhanced maintenance and security, marketing, events, promotions, and economic vitality to benefit Downtown Santa Monica. To meet the challenges facing Downtown Santa Monica in Fiscal Year 2022/2023, DTSM, Inc. reset its strategic priorities to focus on the foundations of a successful downtown: public safety, creating a clean and welcoming environment, activating a vibrant public space, and advocating for policies that support the business community. Meeting these goals remains the urgent focus of DTSM, Inc. in Fiscal Year 2023/2024, and this is reflected in this Operational Plan and budget. 3 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1975 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Services DTSM, Inc. is contracted by the City of Santa Monica to provide services to the district. As representatives of Downtown stakeholder interests in these challenging times, the need for DTSM, Inc. to deliver is greater than ever. DTSM, Inc. functions are as follows: 1. Advising the City of Santa Monica on all matters related to Downtown 2. Advocating on behalf of all Downtown stakeholders 3. Providing marketing and promotional services, and programming events and activations 4. Providing enhanced maintenance and public safety services Strategic Priorities In Fiscal Year 2022/2023, the DTSM, Inc. Board of Directors determined its strategic priorities. These priorities remain the points of emphasis for DTSM, Inc. in Fiscal Year 2023/2024, and are as follows: 1. Evaluate, and seek to amend, the Services Agreement between DTSM, Inc. and the City of Santa Monica 2. Improve the experience in the Downtown parking structures by evaluating services and conditions and making recommendations in the areas of management, maintenance, custodial, and revenue management 3. Impact public safety in Downtown Santa Monica through advocacy and practical measures 4. Reactivate public spaces in Downtown through events, activations, and improving the process in which businesses can open and operate in Downtown 5. Address issues relating to infrastructure and management in the Downtown 6. Work to build support from Downtown Stakeholders through communications, outreach, and coalition-building In Fiscal Year 2022/2023, DTSM, Inc. began executing on its strategic priorities. The DTSM, Inc. Board of Directors passed recommendations to amend its Services Agreement with the City of Santa Monica. Cosmetic and infrastructure improvements are now happening in Downtown parking structures. DTSM, Inc. is poised to introduce a supplemental private security team. Community events and the Santa Monica Ice Rink returned, and communications with stakeholders and promotions for our local businesses improved. Delivering on these strategic priorities continues in Fiscal Year 2023/2024. 4 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1976 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Fiscal Year 2023/2024 Budget and Allocations The DTSM, Inc. Board of Directors approved a budget of $10,629,733.21 for the fiscal year 2023/2024. DTSM, Inc. anticipates receiving $10,208,033 in revenue from property-based assessments, business license taxes, and income from enterprise programs. The Board determined to use $421,700.21 of reserve funding to pay for the total expenditures for the fiscal year. (See Attachment A, page 10.) The 2023/2024 budget contains allocations for Organizational Management, Communications, Events, and Development, and Operations and Public Space Management. The descriptions of these allocations, and their unique directives, are as follows: Operations and Public Space Management A clean, safe, and welcoming environment is the foundation for success in Downtown Santa Monica. DTSM, Inc. provides enhanced services in the areas of public safety, custodial maintenance, and social outreach, while also providing oversight of City of Santa Monica services. Together, DTSM, Inc. and the City of Santa Monica fulfill the responsibility of creating a thriving and inviting community space for everyone. Operations and Public Space Management services make up 69.83% of the DTSM, Inc. budget and include the following directives: Public Safety ●Support the City of Santa Monica’s public safety officials in their efforts to keep Downtown safe ●Advocate on behalf of Downtown Santa Monica with City, County, and other government agencies charged with managing public safety to ensure they maintain a regular presence in Downtown ●Fund and oversee private security personnel deployed in Downtown Santa Monica ●Facilitate communication between parties engaged in preserving the safety of Downtown public spaces Advocacy and Oversight ●Advise the City of Santa Monica on operations and services in the public right-of-way. Advocate for maximum effectiveness and efficiency in managing public resources ●Advise the City of Santa Monica on operations and services in public parking 5 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1977 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) resources. Advocate for maximum effectiveness and efficiency in managing public parking resources ●Collaborate with the City of Santa Monica and related service vendors to ensure compliance with maintenance standards established by all parties working in the public right-of-way and on public property Parking Structure Custodial Maintenance ●Provide custodial maintenance services for Downtown public parking structures in accordance with the Maintenance Services Agreement between DTSM, Inc. and the City of Santa Monica (See Attachment B: Services Matrix) Enhanced Custodial Maintenance ●Provide enhanced custodial services to support a clean, active, and well-managed Downtown (See Attachment B: Services Matrix) ●Conduct regular power washing and as-needed hot spot cleaning of key public spaces, including sidewalks, crosswalks, and alleys ●Promptly remove graffiti from public and private property and notify private property owners of other identified maintenance concerns and safety hazards Parks Attendants, Restroom Monitoring, and Social Outreach ●Ensure a positive visitor experience in Downtown parking structure restrooms and in Downtown-adjacent parks by providing attendants and custodial maintenance services ●Deploy a Homeless Outreach Coordinator and Quality of Life team to work strictly in the Downtown District to collaborate with other advocacy groups and service providers to expedite services for individuals in need ●Partner with the City of Santa Monica and other community organizations in supporting initiatives to combat crime and homelessness Placemaking and Beautification ●Create engaging streetscapes and pedestrian spaces through the preservation of existing assets and investments in infrastructure, landscaping, amenities, and creative placemaking ●Participate in planning beautification and improvement projects for streets, sidewalks, and alleys across the district ●Work with the City of Santa Monica to maximize multi-modal transportation access and wayfinding in Downtown Santa Monica for all visitors ●Monitor permits for large-scale maintenance and construction, street and alley closures, and Third Street Promenade vehicle access. Mitigate impacts of temporary closures and provide advance communication to district 6 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1978 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) stakeholders ●Collaborate with the City of Santa Monica to provide active street vendor management for Third Street Promenade and other public spaces ●Create, manage, and oversee Downtown decor and lighting programs Communications, Events, & Development DTSM, Inc. furthers the reputation and economic vitality of Downtown Santa Monica and the Third Street Promenade through consistent branded communications, hosted and facilitated events, and economic development. Communications, Events & Development services make up 23.21% of the DTSM, Inc. budget and include the following directives: Community Events and Activations ●Produce a full calendar of events, programming and holiday activities to activate and encourage visitorship to the Downtown area year-round ●Facilitate third-party events and activations on Third Street Promenade in partnership with the City of Santa Monica ●Facilitate filming in the Downtown in partnership with Film L.A. Partnerships ●Identify partnerships, sponsorships, and other funding opportunities for key programs supporting or enhancing Downtown Santa Monica ●Partner with Santa Monica Travel & Tourism, the Santa Monica Chamber of Commerce, and other local organizations to support tourism, economic development, and community engagement Public Relations and Promotions ●Produce advertising and promotional campaigns to drive brand awareness and foot traffic to Downtown ●Produce and implement a 12-month public relations plan to reinforce the Downtown Santa Monica brand and keep Third Street Promenade top of mind for local visitors ●Strengthen local media relations by building and maintaining relationships with local editors and journalists Economic Development and Advocacy ●Seek supplemental and diversified revenue streams to enhance programs and services. Maximize revenues generated by Downtown Santa Monica, Inc. 7 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1979 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) events and activations ●Create and oversee licensed operations in public space including community benefit activations, vendor management, and new programs ●Preserve the Downtown Santa Monica and the Third Street Promenade competitive advantages and economic viability through planning and advocating for reinvestment in short term and long-term capital improvements ●Maximize the utility of private properties abutting the Third Street Promenade through zoning and ordinance changes, a streamlined permitting processes and support for tenant selection by owners ●Advocate for new and existing revenues to fund maintenance, operations, and capital improvements in Downtown Santa Monica. Revenue generating opportunities include advertising, new technology, and new funding sources (Enhanced Infrastructure Financing District) ●Advocate on behalf of property and business owners on matters contributing to the overall vitality of business Downtown. Advise the City Council and its boards, commissions, and staff on development of policies, plans and ordinances impacting the trajectory of Downtown Data and Research ●Produce regular data-driven reports to inform the decisions of DTSM, Inc. and support the Downtown community ●Position Downtown Santa Monica, Inc. as a central source of information on all aspects related to Downtown, including the economic vitality and market potential ●Track, analyze, and advise the City Council and its boards, commissions, and staff on public and private development projects Communications and Outreach ●Develop a communications and marketing strategic plan to reintroduce Downtown Santa Monica to stakeholders, reinforce Downtown Santa Monica’s brand positioning as a premier beach destination, and reposition Third Street Promenade as an experience-based destination ●Manage and produce content for Downtown Santa Monica’s communication channels including website, newsletters and social media ●Launch new and maintain existing stakeholder communications, such as newsletters and reports, to provide timely and relevant information ●Host stakeholder meetings to share updates on programs, collaborative opportunities and other essential information ●Produce a data-driven annual report to highlight the achievements of DTSM, Inc. in the prior fiscal year ●Conduct stakeholder surveys and program evaluations as needed to maximize 8 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1980 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) the effectiveness of all DTSM, Inc. programs Organizational Management DTSM, Inc. is an efficient and effective organization that employs a professional staff to manage relationships and services that support Downtown Santa Monica. These functions require centralized administrative support funded through revenues received by DTSM, Inc. throughout the fiscal year. Organizational Management services make up 6.96% of the DTSM, Inc. budget and include the following directives: Administrative Functions ●Maintain a professional office for a staff dedicated to providing a high caliber of service while adhering to all required compliance standards ●Provide public meeting space for the Board and committees Professional Support ●Ensure proper insurance coverage and protect the organization from risk ●Administer financial functions for the organization including preparing quarterly financial management reports, conducting an annual audit, and managing internal accounting functions Board and Staff Education and Development ●Conduct regular staff training and create opportunities for professional development and continuing education, including ongoing coaching and performance feedback ●Create opportunities for strategic and organizational planning and educational opportunities for members of the Board of Directors 9 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1981 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Exhibit A - FY23-24 Budget 10 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1982 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Exhibit B - District Boundary Map The boundaries of the Downtown Santa Monica district extend from the east side of Ocean Ave to the east side of Lincoln Blvd. and from the I-10 freeway to the commercial parcels immediately north of Wilshire Blvd. 11 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1983 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Exhibit C - Downtown Parking Structures Licensed Area 12 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1984 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 13 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1985 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) 14 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1986 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Board Directory Chair Eric Sedman Vice Chairs Michele Aronson Joshua Gilman Julia Ladd Peter Trinh Secretary/Treasurer Barry Snell Board Members Luke Cain Bruce Fairty Anuj Gupta Ericka Lesley Leo Pustilnikov Lucian Tudor Lora Vrastil Staff Directory Chief Executive Officer Andrew Thomas Director of Marketing and Partnerships Ariana Gomez Director of Operations and Placemaking Jeremy Ferguson Special Events Manager Laura Borsecnik Business & Community Development Manager Martin Ronzio-Garcia Public Space Manager Fatima Fazal Community Engagement Manager Julia Moser Data and Research Manager Michael Lin Administrative Office Manager Victor Greenwood 15 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1987 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) DTSM, Inc. Operations Enhanced Maintenance Schedules Parking Structure Maintenance Schedule The following duties are performed in Parking Structures 1,2,4,5 and 6 during the stated shifts. (Note: Duties and shifts subject to change based on need.) Shift time from 10:00 p.m. – 6:30 a.m. Run M30 Sweeper/Scrubber vehicle on a rotational schedule in all structures Close all restrooms for deep cleaning floor-to-ceiling Sweep, mop, and wipe down all stairwells and landing areas Conduct pan and broom maintenance throughout structures Document maintenance issues for reporting Shift time from 8:00 a.m. - 4:30 p.m. Clean restrooms (empty trash, clean toilets/urinals, clean sinks, counters, mirrors, and replenish toiletries as needed) Remove, or paint over, graffiti Remove debris as needed Conduct pan and broom maintenance as needed Shift time from 2:30 p.m. – 11:00 p.m. Clean restrooms daily (empty trash, clean toilets/urinals, clean sinks, counters, mirrors, replenish toiletries as needed Sweep/mop restroom as needed Pull all trash (2/3rds full) and replace bags on every level of parking structures and wipe down cans Wipe down all structure interior signage as well as fire and electrical boxes Remove or paint over any graffiti that is reported or found Clean up all spills as necessary Conduct pan and broom maintenance as needed Lincoln Blvd and Colorado Ave Maintenance Schedule Lincoln Blvd Shift time from 7:00 a.m. – 6:00 p.m. Sweep and clean all sidewalks on east and west side of Lincoln Blvd from Colorado to Wilshire Wipe down and clean all public infrastructure as needed Document maintenance issues for reporting 16 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1988 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Colorado Ave Shift time from 8:00 a.m. – 9:30 p.m. Sweep and clean sidewalks on north and south side of Colorado Ave from Ocean Ave to Lincoln Blvd Wipe down and clean all public infrastructure as needed Document maintenance issues for reporting Pressure Washing Schedule Enhanced Maintenance – Pressure Washing & Deep Cleaning in Downtown DTSM, Inc. conducts pressure washing and deep cleaning services throughout various locations in Downtown. Services are planned to be deployed in accordance with the following minimum schedule, which may be adjusted as resources permit. Activity Frequency Zone 1: Third Street Promenade Intersections 4x Annually Zone 1: Alleys (2nd & 3rd Courts)Once a week Zone 2: Alleys Once a week Zone 3: Alleys Once every 2 weeks Zone L: Lincoln Blvd. Sidewalks 4x Annually Downtown Hotspots (Areas of Need)As Needed Parking Structure Stairwells (Areas of Need)Once a week Restroom Monitoring Schedule The following restrooms are monitored and provided ongoing custodial services during all hours of public operation. (Per matrix, wipe downs every 15 minutes light cleaning twice a day, and deep cleaning nightly) ●Parking Structure #2 (during Farmer’s Market) ●Parking Structure #4 ●Parking Structure #5 ●Tongva Park ●Reed Park 17 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1989 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) General Maintenance Schedule In order to care for infrastructure and improve the aesthetic of Downtown’s public spaces, DTSM completes the following routine maintenance activities during the course of a year. Activity Frequency Paint Public Infrastructure As Needed Dinosaur Landscaping Refresh / Replant Quarterly/As Needed Dinosaur Fountain Maintenance Semi-Weekly/As Needed Vector Management Monthly/As Needed Tree Light Maintenance As Needed Promenade Paver Repair As Needed Sweep and remove trash from Alleys As Needed 18 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1990 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) City of Santa Monica Public Works Maintenance Service Matrix The following pages contain a matrix outlining the services in Downtown provided by the Promenade Maintenance team of the City of Santa Monica Public Works Department. It is the responsibility of DTSM, Inc. to ensure maintenance work meets or exceeds the minimum levels of service established on creation of the assessment district. Section - 3 rd Street Promenade: From the north side of Wilshire to the south side of Broadway Shifts: Effective 1 = 5:00am to 1:30pm. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week 3rd Street Promenade Maintenance: Service Description Frequency Shift Pedestrian Walkways: Sweeper Scrubber Pressure Washer Pre-treat stains and spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer Once daily, 7 days a week Once daily, 7 days a week Once daily, 5 days a week As needed 1 1 1 1 Monitoring Walk site, sweep & remove debris • Daily and as needed 1 or 2 Drinking Fountains (7)Spray & wipe • Daily and as needed 1 or 2 19 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1991 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section - 3 rd Street Promenade, Promenade Maintenance, Cont’d. Service Description Frequency Trash Containers (40)Wipe top, remove trash, replace bag • Four times daily, Mon. – Thu. • Five times daily, Fri. – Sun. & Holidays Trash Container Liners (40)Steam clean/wipe down from the inside & deodorize • Weekly as needed Stainless Steel Bollards (27)Spray & wipe, steam clean • Once daily Directories (7)Spray & wipe • Once daily Sculptures (9)Spray & wipe • Once daily, as needed Graffiti Remove • As needed Dinosaur Pools (4)Remove debris • As needed Special Events Extra trash containers & general maintenance frequencies • As needed Spot Cleaning & Customer Calls Additional cleanings, graffiti, broken glass, animal waste, etc. • As needed Off Duty Emergency Call-outs Oil spills, electrical, water, accidents, etc. • As needed 20 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1992 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section – 3 rd Street, Public Landscape: Service Description Frequency Shift Tree Trimming 3,790 sq. ft. (154) Regular • Once, yearly (spring)Mariposa Tree Well Maintenance 3,790 sq. ft. (154) Inspect for grate or decomposed granite displacement and/or debris & litter Clean debris, reset tree grates • Daily • As needed, based upon inspections Landcare Succulents & Topiaries (Dinosaur fountain planters) 2,000 sq. ft. Prune & shape topiaries Weed and detail succulent beds • Once every six weeks • Weekly, as needed Landcare Irrigation Inspection Check system and controller for proper settings • Weekly, as needed Landcare/ In House Fountain Maintenance Maintain fountains and provide cleaning service for the Topiary pools • Twice weekly California Waters 21 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1993 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section - Parking Structures: Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week Parking Structures (Civic, Main Library and Ken Edwards) Promenade Maintenance: Service Description Frequency Shift Bin Rooms PS 1-6 Pressure wash, degrease, or scrub. Organize trash and recyclables. • Once daily, 7 days a week • Once 7 days a week 1 or 2 Clarifiers: Structures 2-6 Clean out sludge Remove restaurant grease • Monthly • As needed, contracted (Facilities) Contractor Parking Structures, Public Landscape: Service Description Frequency Shift Planter Maintenance (ground level planters in Structure 1 only) 5,900 sq. ft. Pick up litter & debris Water plants Prune shrubs • Daily • Manually, as needed weekly • Every 6 weeks Landcare 22 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1994 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section – Colorado Blvd., Arizona Avenue & Wilshire Boulevard: Sidewalks on both sides of streets from east side of Ocean Avenue to alley between 5 th and 6 th Streets. Ocean Ave east side, 2 nd and 4 th Streets both sides: Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue. Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week Colorado Blvd., Arizona Avenue & Wilshire Boulevard, 2 nd & 4 th Streets, Promenade Maintenance Service Description Frequency Shift Pedestrian Walkways: Sweeper Scrubber (South Side) Pressure Washer Pre-treat stains/spot pressure washing Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer • 5 x a week • 3 x a week Once daily • 4 x a week 1 1 1 1 Monitoring Walk site, sweep & remove debris • Daily, as needed 1 & 2 Bus Stop Steam clean • As needed 1 & 2 23 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1995 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Trash Containers (74)Wipe top, remove trash, replace bag • Twice daily, as needed 1 & 2 Trash Container Liners (74) Steam clean & deodorize • As needed 1 or 2 Section - Colorado Blvd., Arizona Avenue & Wilshire Boulevard and Ocean Ave., 2 nd & 4th Streets, Promenade Maintenance, Cont’d. Service Description Frequency Shift Tree Wells Rake out debris & weed out • As needed 1 or 2 Spot Cleaning & Customer Calls Additional cleanings, graffiti, broken glass, animal waste, etc. • As needed, 7 days a week 1 & 2 Off Duty Emergency Call-outs Oil spills, electrical, water, accidents, etc. • As needed 24 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1996 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section - Public Landscape, 2ND & 4 th Street Service Description Frequency Shift Tree Trimming (182)Regular • Every 2 years West Coast Arborists Tree Well Maintenance (182) Backfill tree wells with decomposed granite • As needed 1 or 2 and PLD Arizona Ave. Service Description Frequency Shift Tree Trimming (46)Regular • Every 2 years West Coast Arborists Tree Well Maintenance (61) Backfill tree wells with decomposed granite • As needed 1 & 2 Wilshire Blvd. Service Description Frequency Shift Tree Trimming (66)Regular • Every 2 years West Coast Arborists 25 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1997 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section - Transit Mall: Sidewalks on both sides of the streets: • Broadway east side of Ocean Avenue to alley between 5 th and 6 th Streets. • Santa Monica Boulevard from east side of Ocean Avenue to alley between 5 th and 6 th Streets. Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week Transit Mall, Promenade Maintenance: Service Description Frequency Shift Monitoring Walk site, sweep & remove debris • Daily 1 & 2 Benches (241)Spray & wipe, polish wood • Once daily, as needed 1 or 2 Drinking Fountains (3)Spray & wipe • Daily, as needed 1 or 2 Trash Containers (36)Wipe top, remove trash, replace bag • Four times daily 1 & 2 Trash Container Liners (36) Steam clean & deodorize • As needed 1 Bollards (40)Spray, wipe & polish • Once daily, 5 days a week 1 or 2 Informational Signs (6)Spray & wipe • Once daily, 5 days a week 1 or 2 26 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1998 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Arbors (6)Spray & wipe • Once daily, 5 days a week 1 or 2 Graffiti Monitor & Remove • As needed 1 & 2 Spot Cleaning & Customer Calls Additional cleanings, graffiti, broken glass, animal waste, etc. • As needed 1 & 2 Off Duty Emergency Call-outs Oil spills, electrical, water, accidents, etc. • As needed Section - Transit Mall, Public Landscape: Service Description Frequency Shift Tree Trimming (193) Regular • Every 2 years West Coast Arborists Tree Well Maintenance Inspect for grate displacement and/or debris & litter Clean debris, reset tree grates • Daily • As needed, based upon inspections Landcare / PLD Irrigation Inspections Check system and controller for proper settings • Weekly Landcare / PLD Monitoring Remove debris from tree wells • Daily Landcare 27 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 1999 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section – Colorado, Broadway, Santa Monica Blvd., Arizona Avenue & Wilshire Boulevard: Sidewalks on both sides of streets from east side of 5 th to the alley east of 7 th St. 5th, 6 th and 7 th Streets: Sidewalks on both sides of streets from north of Wilshire Boulevard to south of Colorado Avenue. Service Description Frequency Shift Pedestrian Walkways: Sweeper Scrubber Pressure Washer Pre-treat stains/ and spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer • Twice weekly • Once every three weeks • Once every three weeks • as needed 1 1 1 1 Monitoring Walk site, sweep & remove debris • As needed 1 or 2 Tree Well Maintenance Clean debris Remove and spray for weeds • Daily, as needed • As needed, based upon inspections 1 1 28 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2000 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section - Alleys: ●1st Court: Between Ocean Avenue & 2 nd Street from north side of Wilshire Boulevard to south side of Colorado Avenue. ●Mall Court West: Between 2 nd Street and 3 rd Street from north side of Wilshire Boulevard to south side of Broadway. ●Mall Court East: Between 3 rd Street and 4 th Street from north side of Wilshire Boulevard to south side of Broadway. ●4th Court: Between 4 th and 5 th Streets from north side of Wilshire Boulevard to south side of Colorado Avenue. ●5th Court: Between 5 th Street and 6 th Street from north side of Wilshire Boulevard to south side of Colorado Avenue. ●6th Court: Between 6 th Street and 7 th Street from Colorado to Wilshire ●7th Court: Between 7 th Street and Lincoln Blvd. from Colorado to Wilshire Shifts: Effective 1/1/15 1 = 5:00 a.m. to 1:30 p.m. 7 days a week 2 = 2:00 p.m. to 10:30 p.m. 7 days a week 2:00 p.m. to 10:30 p.m. Alleys, Promenade Maintenance: Service Description Frequency Shift Mall Court East & West Sweeper/ Mobile Vacuum / scrubber Picks up small debris, applies degreaser, scrubs pavement & recovers excess water • 5 days a week 1 Monitoring Walk site, sweep & remove debris • Daily 1 & 2 Spills Apply absorbent, pressure wash and scrub • As needed Spot Cleaning & Customer Calls Discarded furniture, appliances, spills, etc. • As needed 1 & 2 Graffiti Monitor & Remove • As needed 1 & 2 29 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2001 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Weed suppression Remove weeds • As needed, based upon inspections 1 or 2 Off Duty Emergency Call-outs Toxic spills, electrical, water, accidents, etc. • As needed 1 & 2 Section Six - Alleys, Promenade Maintenance, Cont’d. Service Description Frequency Shift 1stt , 4th, 5th, 6th & 7th Courts: Mobile Vacuum Vacuums debris from large areas • 5 days a week 1 Monitoring Walk site, sweep debris • Once daily 1 & 2 • Spot Cleaning & Customer Calls Discarded furniture, appliances, spills, etc. • As needed 1 & 2 Graffiti Remove • As needed 1 & 2 Off Duty Emergency Call-outs Oil spills, electrical, water, accidents, etc. • As needed 1 & 2 Weed suppression Remove weeds • As needed, based upon inspections 1 or 2 30 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2002 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Section – Colorado Ave. Esplanade: From east side of 4 th St. to the east side of Ocean Ave Service Description Frequency Shift Pedestrian Walkways: Sweeper Sweeper / scrubber Pressure Washer Pre-treat stains and spot pressure wash Picks up large debris Picks up small debris, applies degreaser, scrubs pavement & recovers excess water Steam cleans in places scrubbers can’t reach Degreaser applied with hand-sprayer • Once daily, 7 days a week • Once daily, 7 days a week • Once daily, 5 days a week (Mon., Tue., Thu., Fri., Sat.) • As needed 1 1 1 1 Monitoring Walk site, sweep & remove debris • Daily and as needed 1 or 2 Trash Containers Wipe top, remove trash, replace bag • 4 times daily • 1 or 2 Trash Container Liners Steam clean / wipe down from the inside & deodorize • As needed 1 or 2 Graffiti Remove •As needed 1 or 2 Landscape General Maintenance-using current maintenance specifications requirements Landcare 31 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2003 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Department of Transportation Downtown Parking Facility Maintenance Matrix Parking Division Fall 2022 (9/19/2022 Rev. 3) The Parking Division of the Department of Transportation conducts several related activities in support of Downtown Santa Monica Clean and Safe Initiatives. These operational efforts include: ●SP+ parking contract tasks related to cleanliness and monitoring of facilities ●City Staff inspection roles and management of resources applied to clean and safe activities ●Funding of interdepartmental efforts to provide for basic and enhanced security and cleanliness measures, ●Periodic evaluation of effectiveness of anti-littering, graffiti, and human soiling countermeasures to adapt to changing conditions, and ●Regular collaboration and meeting with DTSM and Public Works – Promenade Maintenance partners to solution more effective and joint cleanliness and safety countermeasures. The role of the parking contractor, SP Plus, Inc. in accomplishing basic clean and safe measures is significant and are done over three daily work shifts. The following tables describe specific tasks accomplished by SP+. SP Plus, Inc. – Working Shifts: Effective 7/1/2022 1 = 7:00 a.m. to 4:00 p.m. (Daily/ Office: Monday to Friday) 2 = 3:00 p.m. to 11:30 p.m. (Daily) 3 = 11:00 p.m. to 7:30 a.m. (Daily) M = 5:00 a.m. to 1:30 p.m. (Porters/ Maintenance Team: Monday to Friday) On succeeding pages are found the activities that SP Plus performs to assist with Clean and Safe Initiatives.Downtown Parking Structures 1, 2, 4, 5, 6, and 9: 9/23/2022 1 Department of Transportation Downtown Parking Facility Maintenance Matrix Parking Division Fall 2022 (9/19/2022 Rev. 3) 32 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2004 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Service Description Frequency Shift Public Elevators: Usability Inspection Preventive Maintenance Major Repairs Up-time Reports Daily inspection of all publicly accessible elevators OTIS conducts monthly inspections/ minor repairs As-needed safety, electronic, & mechanical repairs Administrative reporting of elevator availability • Once daily, 7 days a week • Monthly • Once daily, 5 days a week • By 5 th of each Month 1 1 1 1 Parking Structure Safety Measures (PS 1, 2, 4, 5, & 6) Service Description Frequency Shift Fire Alarm Testing Scheduling of routine testing functions, subcontracts with Allen Alarm and OTIS • Four times annually 1 Fire Alarm Repairs SP+ subcontracts with ADT and Redhawk to conduct on the spot repairs • As needed 1, 2, & M Public Restrooms – Plumbing Issues SP+ porters and subcontractors on-call to repair and replace stuck plumbing • As needed M Public Restrooms – fixture replacements SP+ porters replace broken sinks, urinals, toilets, mirrors, hand dryers, and doors • Inspection once daily, 7 days/week. • Fixture replacement as needed M and 1 PS 6 Emergency Generator Annual inspection and testing of emergency diesel/electric generator • Annual inspection by subcontractor M Lighting Inspect stairwell, lobby, and drive aisle lighting, replace damaged or failed bulbs • Inspect daily/ 7 days/week • Replace as needed in batches, weekly M 33 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2005 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Graffiti Countermeasures SP+ collaboration with DTSM/ PW-PM, performs final paint top coat • Inspection once daily, 7 days/week. • As needed final top-coat paint applied after PW or DTSM graffiti removal. 1 & 2 Homeless Sweeps Monitor and report encampments in parking facilities to SMPD. • Inspection once daily, 7 days/week. 1 Clarifiers/ Sanitary Sewer Inspections Inspect and clean out sumps, clarifiers, and sewers as Preventive Maintenance • PS 1 twice per year, PS 2, 4, & 5 restroom lines three times per year. M Storm Drain Cleaning Inspect and clean out storm drains in parking facilities • As needed or at least annually M Storm Drain Repairs Toxic spills, water accidents, pipe and catchment replacements • As-needed in collaboration with PW - Facilities Maintenance Division 1, 2 & M Safety and Guide Signing, Pavement Stencils, Flex Posts: PS 1, 2, 4, 5, 6, 9 & 10) Service Description Frequency Shift Safety Signage and Guidance Signage SP+ inspects daily and cleans or replaces damaged signs • Inspection once daily, 7 days/week. • Sign replacement as-needed in batch M Curb Painting, Pavement delineation Refresh curb paint and apply pavement stencils. • Refresh paint one parking structure per month, ongoing all year. M Plastic Flex Points, rubber-clad bollards Inspect and replace lane posts in structures and downtown surface lots • Inspect Weekly • Replace in batches bi-monthly M Mirrors Parking structure Exit mirrors at alleys and streets • Inspect once daily, 7 days/ week • Replace/ adjust weekly M Hand-rails, stair treads, barricades Inspection, light cleaning, repaint metal hand-rails or replace stair treads as needed • Inspect once daily, 7 days/week • Repaint weekly • Replace treads/flooring as needed M 34 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2006 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Pavement/ Concrete Repairs Inspect and monitor, arrange with subcontractor for minor repairs. Consult with Public Works -Arch/Engr divisions as necessary for extensive repairs • Inspect and report minor damage once daily, 7 days per week • Assign subcontractor to conduct minor repairs in batches every two months 1, 2 & M Lane striping, parking stalls, directional arrows Inspect and monitor wear of lane striping, parking stencils, arrows, and related pavement markings • Inspect weekly • Assign subcontractor to refresh pavement markings every two years • Conduct spot repainting as needed M Parking Structure Access and Revenue Control Systems (PARCS) Ken Edwards Center; Main Library; Civic Center, PS 1, 2, 4, 5, 6, 7, 8, 9 & 10 Service Description Frequency Shift Ticket and Pre-paid Scanning Kiosks and Pay-on-Foot Machines Inspect, replace stock, repair damaged customer interfaces, and conduct preventive maintenance. • Inspect once daily, 7 days/week • Replace ticket stock and money trays as needed, • Conduct repairs as needed 1 & 2 Entry & Exit Gate arms Inspect and replace as need, daily • Inspect safe and proper operation of gate arms • Replace as needed 1 & 2 Ken Edwards Center Parking Structure Inspect and monitor PARCS machines Inspect gate arms • Once daily, 7 days/week • Replace as needed 1 or 2 1 or 2 Main Library Parking Structure Inspect coin, cash, and credit card readers, change dispensers Inspect gate arms • Once daily, 7 days a week • Replace as needed 1 & 2 1 & 2 Civic Center Parking Structure Inspect coin, cash, and credit card readers, change dispensers Conduct incidental • Once daily, 7 days a week • Once daily, 5 days a week • Once daily, 5 days per week 1 or 2 or 3 M or 1 1, M 35 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2007 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) pan & broom clean up Inspect Lighting, fire alarms, elevators Cash and ticket pullers Inspect coin, cash, and credit card readers, change dispensers • Once daily, 7 days/week • Replace/ repair as needed 1 or 2 or 3 Customer Interface, Communication equipment Inspect voice, speaker, and pin-hole camera communication system • Once daily, 7 days/week 1 -End- 36 ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2008 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Exhibit C: Insurance Requirements and Verification DTSM Insurance Requirements DTSM shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by DTSM, its agents, representatives, employees or sub-contractors. Minimum Scope and Limits of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $10,000,000 per occurrence. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if DTSM has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $2,000,000 per accident for bodily injury and property damage. 3. Property Insurance: Insurance covering all personal property stored on the premises. The policy shall be written on an “all risks” basis (excluding earthquake) and insure the personal property at full replacement cost. 4. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1). 5. Commercial Crime Policy: Insurance that covers employee theft, forgery or alteration, and robbery with limits of no less than $500,000 per occurrence. 6. Non-Profit Directors and Officers Liability: 1,000,000 per occurrence, $1,000,000 aggregate. If DTSM maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by DTSM. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica. Other Insurance Provisions 1. The insurance policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of DTSM including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2009 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) provided in the form of an endorsement to the DTSM’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, DTSM’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the DTSM’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica. d. Waiver of Subrogation: DTSM hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said DTSM may acquire against the City of Santa Monica by virtue of payment of any loss. DTSM agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the DTSM, its employees, agents and sub- contractors. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the DTSM to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica. Verification of Coverage DTSM shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive DTSM’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time. Failure to Maintain Insurance Coverage ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2010 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) If DTSM, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from DTSM resulting from said breach. Footnotes # 1: Workers’ Compensation insurance coverage is not required if the DTSM does not have employees. DTSM must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form. Third Party Insurance Requirements DTSM shall require and verify that every subcontractor or agreement of any kind entered into between DTSM and a third party (or between any DTSM subcontractor and others) procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the third party, its agents, representatives, employees, or subcontractors. Minimum Scope and Limits of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $8,000,000 per occurrence for subcontractors providing security services and limits of no less than $2,000,000 per occurrence for all other subcontractors. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2 Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Subcontractor has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage. 2. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1). 3. Professional Liability (Errors and Omissions): Insurance appropriates to the Subcontractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate, if applicable. If the Subcontractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2011 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) by the Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Subcontractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Subcontractor’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Subcontractor’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Subcontractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica. d. Waiver of Subrogation: Subcontractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Subcontractor may acquire against the City of Santa Monica by virtue of payment of any loss. Subcontractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Subcontractor, its employees, agents and contractors. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Subcontractor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the name insured or the City of Santa Monica. Acceptability of Insurers ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2012 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica. Verification of Coverage Subcontractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Subcontractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time. Failure to Maintain Insurance Coverage If Subcontractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Subcontractor resulting from said breach. Footnotes # 1: Workers’ Compensation insurance coverage is not required if the Subcontractor does not have employees. The Subcontractor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form. ITEM 11.A. JULY 25, 2023 ITEM 11.A. JULY 25, 2023 11.A.j Packet Pg. 2013 Attachment: Written Comments [Revision 1] (5811 : Downtown Santa Monica, Inc. FY2023-24 Budget and Work Plan) Downtown Santa Monica Annual Work Plan, Budget + Services Agreement July 25, 2023 11.A.k Packet Pg. 2014 Attachment: PowerPoint Presentation (5811 : Downtown Santa Monica, Inc. FY2023-24 Staff recommends City Council: 1.Adopt a finding of categorical exemption pursuant to Section 15301 of CEQA Guidelines; 2.Approve the Downtown Santa Monica, Inc. Fiscal Year 2023-24 Budget & Work Plan; 3.Authorize the City Manager to execute proposed Master Services Agreement between DTSM & the City to replace & supersede the Amended & Restated Services Agreement (executed 2019), to authorize DTSM to retain private security services for downtown Santa Monica for a one-year pilot program & also replace & supersede the existing Maintenance Services Agreement (executed 2012), by including in the Master Services Agreement the ongoing responsibilities of DTSM & City pertaining to custodial services for City’s parking structures & DTSM’s license to use a portion of parking structures 5 & 6; 11.A.k Packet Pg. 2015 Attachment: PowerPoint Presentation (5811 : Downtown Santa Monica, Inc. FY2023-24 The Requests (cont.) 4.Authorize the City Manager to negotiate and execute a 1st Modification to the Lot 27 Community Events MOU to extend term (2 addit. yrs to 2025) & expand the site area include 1318 4th Street for community events & activities consistent with DTSM’s roles & responsibilities under the proposed Master Services Agreement; 5.Authorize the City Manager to reinstate & amend the Third Street Promenade Public Services Program & Amenities License Agreement with DTSM to continue activation of the Promenade, incl. operating a Promenade vending cart program (4 addit. yrs to 2027); & 6.Authorize the City Manager to negotiate & execute a Letter of Intent between the City, DTSM & Rooftop Cinema Club for the activation of Parking Structure 6 rooftop space as an outdoor movie theater. 11.A.k Packet Pg. 2016 Attachment: PowerPoint Presentation (5811 : Downtown Santa Monica, Inc. FY2023-24 Downtown SM District DTSM Annual Work Plan + Budget – Clean + Safe Priorities FY23/24 DTSM Board of Directors adopted annual budget May 25, 2023 + Work Plan June 15.2023 $10.2M revenues; $10.6 M expenditures (offset by cash reserve) •Operations + Public Space Mgmt. •Communications, Events + Economic Development •Organization Mgmt. 11.A.k Packet Pg. 2017 Attachment: PowerPoint Presentation (5811 : Downtown Santa Monica, Inc. FY2023-24 DTSM Master Services Agreement Prior Council approvals: 1)City + Bayside District Corporation (BDC) entered into Original Services Agreement (2004) to set forth roles + responsibilities of the BDC  Amended + Restated Services Agreement (2009) + four amendments (2011-2018) 2) City + BDC entered into a Maintenance Service Agreements (2010) + 12 modifications (2013- 2022) Proposed Master Services Agreement (exp. May 19, 2029) to replace all of above + authorize one year pilot program for private security services •Outlines ongoing responsibilities of DTSM & City incl. custodial services for City’s parking structures & DTSM’s license to use a portion of parking structures 5 & 6; •Extending Private Security Pilot Program would require modifications to the Management District Plans for the assessment districts – public noticing + hearings (per the State of CA Streets + Hwy Code Sect. 36636) 11.A.k Packet Pg. 2018 Attachment: PowerPoint Presentation (5811 : Downtown Santa Monica, Inc. FY2023-24 Community Events + Activations •Lot 27 Community Events MOU – extend two additional yrs. (to 2026) + include 1318 4th St site • Third St Promenade Public Services Program + Amenities License Agreement – incl. Promenade Vending Cart Program •Rooftop Cinema LOI for PS6 activation 11.A.k Packet Pg. 2019 Attachment: PowerPoint Presentation (5811 : Downtown Santa Monica, Inc. FY2023-24 Questions? Downtown SM Inc. Andrew Thomas, Chief Executive Officer, DTSM Inc Eric Sedman, Chair of the Board, DTSM Inc. City Staff including Anuj Gupta (CMO), Isabel Birrueta (CAO), David Martin (CDD) + Jennifer Taylor (CDD/EDD/Staff Liason to DTSM) THANK YOU 11.A.k Packet Pg. 2020 Attachment: PowerPoint Presentation (5811 : Downtown Santa Monica, Inc. FY2023-24