NVF:EEH RES NO.
4/1/2022
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE FINDING THAT THE SAN JOSE DOWNTOWN
ASSOCIATION REMAINS UNIQUELY SITUATED TO
MANAGE AND OVERSEE THE DELIVERY OF SERVICES
FOR THE DOWNTOWN PBID AND AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH THE DOWNTOWN ASSOCIATION TO
MANAGE THE EXPANDED AND RENEWED PBID, IF
APPROVED BY THE PROPERTY OWNERS
WHEREAS, i n August 2007 , consistent with the Property and Business Improvement District Law of 1994, Section 36600 et. seq. of the California Streets and Highways Code and provisions o f A rticle XIIID of t he State Constituti on (collectively, t he “P BID Laws”), the City Council of the City of S an José (“City Co uncil”) formed a property and business i mprovement district (“PBID”) i n D owntown S an José for a n in itial five -year term which expired on December 31, 2012; and
WHEREAS, in June 2012, the City Council expanded and renewed the Downtown PBID for an additional ten -year term which expires on December 31, 2022, and must be renewed if the property assessment and the enhanced services are to continue; and WHEREAS, in connection with the City’s intent to expand and renew the PBID, City staff have recommended that the City continue to contract with the San Jos é Downtown Association ("SJDA") t o provide the baseline and enhanced services w ithin the expanded and renewed PBID; and
WHEREAS, San José Municipal Code Section 4.12.235 provides authorization to enter into agreements without a competitive process when the service being sought is of such a unique nature that a competitive process would be contrary to the public interest; and T-42379\1910319 1
Council Agenda: 04/19/2022
Item No.: 3.4(e)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
NVF:EEH RES NO.
4/1/2022
T-42379\1910319 2
Council Agenda: 04/19/2022
Item No.: 3.4(e)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, SJDA is the existing provider of PBID services as well as the manager of the existing Downtown Business Improvement District ("BID"), which organizes and promotes events downtown; and
W
HEREAS, requiring a competitive process to retain a new organization to manage the PBID would be contrary to the public interest because, as the current manager of the PBID and BID, retaining SJDA to manage the expanded and renewed PBID would prevent duplication of efforts, utilize economies of scale by combining baseline and PBID resources to provide efficient and effective cleaning services in the Downtown, and utilize contractual services and staff as necessary to perform the services outlined in the PBID Management Plan and Engineer's Report; and
W
HEREAS, the City and SJDA are negotiating an agreement for the PBID management services, subject to the on- going oversight of the City Council and PBID Property Owner's Association Board of Directors.
N
OW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. T
he foregoing recitals are true and correct and are incorporated into this Resolution by reference.
2. T
he City Council, in accordance with San José Municipal Code Section 4.12.235, finds the SJDA remains uniquely situated to manage and oversee the delivery of PBID services and that a competitive process to procure a new service provider for the PBID is contrary to the public interest.
NVF:EEH RES NO.
4/1/2022
T-42379\1910319 3
Council Agenda: 04/19/2022
Item No.: 3.4(e)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
3. The City Manager is authorized to negotiate and exec ute an agreement with SJDA for the management and delivery of services for the expanded and renewed PBID , if approved by the property owners and established by City Council, with a term from January 1, 2023 through December 31, 2032 and with terms and conditions that are consistent with the current PBID management agreement between the parties effective January 1, 2013.
ADOPTED this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
VACANT:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk