HomeMy WebLinkAboutA7273 - JUS CHILLIN (LARRY KELLER) - DOWNTOWN PUBLIC RESTROOM PROGRAM MEMORANDUM OF AGREEMENT
BETWEEN PRIVATE BUSINESS OWNER AND THE CITY OF PALM SPRINGS
FOR
THE USE OF PUBLIC RESTROOMS.
This Memorandum of Agreement ("MOA") is authorized by the City. of Palm Springs (City) and
i Lo,— . ke-(e(L ("Business Owner") doing business at I CI O C. T610, .2 Cq4•I-V�
under Me business name of YL)S C-L; ( ( ' (`Establishment"). The purpose of Nis MOA is
to outline the policies and procedures for the expanded downtown public restroom program between the
City of Palm Springs and Business Owner.
1. Business Owner agrees to the following
• Stock restroom with toilet paper,paper towels or electronic hand dryers,hand sanitizer,and soap.
• Provide public access to restroom facilities during the Establishment's normal operating business
hours. Business Owner will not limit restroom facility usage to patrons of Establishment.
• Maintain restroom log sheets on the premises and record maintenance, cleaning, and restocking of
supplies on a daily basis.Provide records to the City upon request.
0 Post restroom signage in a clear, visible area on the premises as directed by the City for the
duration of the program.
• Repair, maintain, and clean the restroom. Ensure the restroom is serviced daily and kept in a clean,
safe, and sanitary condition. City shall have no responsibility for such maintenance, repair,
replacement or improvement of the restroom.
• Business Owner will provide the following:
Toilet and seat covers
Hot and cold running water
Lockable doors
Adequate lighting and ventilation
• Pay for all utilities related to the operation of the restroom to include water,electricity,trash, and
pest control.
• City may market and advertise the Establishment's location and hours of operation as a participant
in the City Restroom program.
• Any restroom that is designed or intended for single use,Business Owner will not restrict
restroom use to any gender.
• Selection of program.participants will be at the sole discretion of the City,based on restroom
amenities, locations,hours of operation, availability of funding,and such other criteria the City
deems appropriate.
April8,2019 ORIGINAL RID
Downtown/Uptown Public Restroom Program AND/OR AGREEMENT
2. City of Palm Springs agrees to the following
• Provide signage indicating that the Establishment provides public restrooms.
• Provide log sheet template for recording maintenance, cleaning, and restocking of supply times to
Business Owner.
• Payment to Business Owner not to exceed$ (4P 00• Qo per month
to partially subsidize Business Owner's expenses for additional cleaning, maintenance, security,
liability insurance, and supplies as a result of increased restroom usage by non-customers.
Payment shall be made within 30 days following completion of the service month and receipt of
invoice from Business Owner.
• One time reimbursable grant of up to$1,500 to upgrade the restrooms to meet City standards.'
3. Evaluation
• The effectiveness of this MOA shall be evaluated annually, or as significant changes occur,by the
City and/or the Business Owner.
4. Effective Date; Term
• This MOA will become effective immediately upon the document being fully executed. If the
Establishment receives a grant as noted above, the Establishment will remain in the program for
at least 180 days. If the Establishment receives a grant and terminates the program prior to the
180 days, the Establishment will reimburse the City for the full amount of any grant received
within 30 days of terminating the MOA.
• This MOA will continue in full force and effect indefinitely until either party provides notice to
terminate. Either party may at any time and for any reason terminate this MOA upon providing
the other party with 30 days advance written notice.
5. Integration; Amendment
• This MOA contains the entire understanding of the parties and supersedes any and all other
written or oral understandings as to those matters contained, and no prior oral or written
understanding shall be of any force or effect with respect to those matters covered. No
amendment, change or modification of this MOA shall be valid unless in writing, stating that it
amends, changes or modifies this MOA,and signed by all the parties.
6. Applicable Law
• This MOA shall be interpreted and enforced in accordance with the laws of the State of
California.
April 8,2019
Downtown/Uptown Public Restroom Program
7. Indemnification
• Business Owner agrees to defend,hold harmless and indemnify the City of Palms Springs and its
officers,directors,employees,representatives and volunteers(collectively"City Personnel")
harmless from and against any and all actions,suits,claims,demands,judgments,attorney's fees,
costs, damages to persons or property, losses,penalties,obligations, expenses or liabilities(herein
"claims" or"liabilities")associated with the downtown public restroom program.
April8,2019
Downtown/Uptown Public Restroom Program
Contact Information:
City: City of Palm Springs
Attention:Downtown Restroom Program
Administrator
3200 E.Tahquitz Canyon Way
Palm Springs, California 92262
Phone:
Business Owner: L
q0 ulnas C �,.
Palm Springs,CA ZZ(p L
Phone: j Z-7- L{ 1 0 1 (Lea)
IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below.
City of Palm Springs
Date: 4 oZ- By:
ATTEST: APPROVED AS TO FORM:
By: Bi',--- ;3
thony J. � re-
Ci 'ty Clerk City Attorney
PRIVATE BUSINESS OWNER
i
Date: �� By �
APPROVED BY CITY COUNCIL A}PROiVEP
April 8,2019
Downtown/Uptown Public Restroom Program
Downtown/Uptown Public Restroom Program
The following forms/maps are included in this package:
Page
Program Guidelines 9-2
Application Form 3-4 -
Agreement Form 5-8
This package contains the Guidelines, Application and Agreement Forms for
participation in the Downtown and Uptown Public Restroom Program.
Applications will be -accepted on an ongoing basis, depending on availability of
funding.
Complete the application form (pages 3-4) and return to Diana Shay, Community
and Economic Development Department at the City of Palm Springs. You may
drop the applications off at City Hall (3200 East Tahquitz Canyon Way), mail, fax
or email to the following:
Mailing address:
P. O. Box 2743
Palm Springs, CA 92263-2743
Attention: Diana Shay, Redevelopment Coordinator
Re: Downtown and Uptown Public Restroom Program
Fax: 760-322-8325
Email: Diana.shave-palmspringsca.gov
Once applications are received and reviewed, we will be contacting you and may
wish to visit your business and see the restroom facilities. At that time, City staff
will complete. a City Evaluation Checklist that will -facilitate our selection of
participants and grant/subsidy amounts for which you may be eligible. If your
business is selected to participate in the program, you will need to complete the
Memorandum of Agreement (pages 5-8) and submit completed forms to the City
of Palm Springs as noted above.
If you have any questions or need assistance, please contact Diana Shay.
June 8,2016
Downtown/Uptown Public Restroom Program
Downtown/Uptown Pilot Public Restroom Program Guidelines
OVERVIEW
The program is designed to provide the public improved access to restrooms throughout
Downtown/Uptown Palm Springs. The City will offer a subsidy to approved businesses
that are willing to allow the public expanded access to their business for use of their
restroom' facilities. The subsidy is offered to offset expenses in cleaning, maintenance,
security, and supplies of restroom facilities. The program will be offered to a limited
number of businesses at the City's discretion based on-location, compliance with minimum
City guidelines, operating hours and budget limitations. Preferential consideration will be
given to facilities with gender neutral, single-user toilet rooms.
BUSINESS PARTICIPATON CRITERIA:
• At a minimum the business must be open 54 hours per week and at least 5 days per week.
Morning and late night hours of operation are desirable, but not essential, for all program
participants. The City will be looking for businesses with a mix of operating days/hours
and locations.
• Meets Americans with Disabilities Act (ADA) Accessibility requirements.
• Business agrees to provide the following additional restroom amenities/features:
❑ Toilet seat covers;
❑ Hand Sanitizers
❑ Hot and Cold Water
❑ Diaper Change Stations (desired but not essential for applicants to be considered
for the program)
• Provide daily cleaning, maintenance, and supplies for public restrooms.
• Business to maintain a record of maintenance times and restocking of supplies via log
sheet to be retained on file.
• Display of signage at premises indicating that restrooms are open to the public as well as
permitting the City to provide marketing/advertising of each location and hours of
operation.
June 8,2016
Downtown/Uptown Public Restroom Program 1
CITY OF PALM SPRINGS WILL PROVIDE:
• A subsidy to each participating business based on the following tiered system:
o a single gender-neutral toilet will receive $400/month
o separate male/female restrooms with up to four urinal/toilets in each will receive
$550/month
o two-or-more-gender-neutral-restroom§-will-receive$600/month
o separate men's/women's restrooms with over four urinals/toilets in each will receive
$700/month; add $50/month for separate gender-neutral, ADA accessible, "family"
restroom in addition to men's/women's restrooms
• A one-time reimbursable grant of up to $1,500 will be available for participating businesses
to comply with City guidelines (e.g. ADA accessibility repairs, baby changing stations,
hand sanitizers, etc.).
o Note: if a business elects to receive this grant, it must remain in the program for a
minimum of six months or it will be required to reimburse the City for actual grant
costs.
• Log sheet template for recording of cleaning and supplies for restroom facilities.
• Signage (window decal) - including installation on business premises at a location to be
specified by the City.
ADDITIONAL INFORMATION
• City or business can cancel/terminate program participation at any time by giving 30 days
written notice.
• Payments will be made monthly to participating businesses. Payment for services shall be
made at the beginning of the calendar month following the service month e.g. payment for
May services should be invoiced at the end of May and will be paid on or after June 1 upon
receipt of invoice.
• Selection of program participants, based upon review of applications, will be at the sole
discretion of the City, based on restroom amenities, locations, hours of operation,
availability of funding, and any other criteria the City deems appropriate.
• The program is not a business incentive program. The primary goal of this program is to
provide needed public restroom facilities. The subsidy provided by the City is to offset the
increased costs for maintenance, repairs, cleaning and supplies that would result from
increased use.
• All claims and disputes regarding the program will be considered and resolved between
the business owner and the City Manager or his/her designee.
June 8,2016
Downtown/Uptown Public Restroom Program 2
Application Form
Name of Business: Date:
Street Address:
Building Name (if any):
Contact Information
Name of Business Owner:
Mailing Address:
Street Address:
City: Zip Code:
Telephone No. email:
Business Information:
Days and hours of operation: (Please indicate hours open for each day below)
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Seasonal changes in business operations? (please describe)
Are the restrooms exclusive to the business or shared in a multi-tenant building or
complex?
Are you an over 21 establishment?
Property Information:
For Owner Occupants For Tenant/Lessees
I hereby certify that I am the owner of I am a lessee/renter of the space for
my business property. The property is which I am applying to participate in the
vested (owned) under the following: Downtown and Uptown Restroom
Program. The owner of the property
Property Owner Legal Name: is:
Contact Information: Contact Information for property owner:
Remaining Years on Lease Term:
June 8,2016
Downtown/Uptown Public Restroom Program 3
Application Form
Grant Request:,
Does your establishment require upgrades to meet City guidelines?
If yes, please indicate grant amount requested for reimbursement by the City?
(maximum $1,500)
The City will offer a monthly.subsidy to offset expenses in cleaning, maintenance, and supplies
for expanded use of restroom facilities. Maximum contribution will be based on number of
fixtures as follows:
Single gender neutral restroom $400/month
Separate. men's and women's restrooms $550/month
with up-to four fixtures (toilets, urinals or
combination of both) in each restroom
Two or more gender neutral restrooms $600/month .
Separate men's and women's restrooms $700/month
with over four fixtures (toilets, urinals. or
combination of both) in each restroom
Separate men's and women's restrooms $750/month
with over four fixtures (toilets, urinals or
combination of both) in each restroom plus
separate individual gender neutral, ADA
accessible, "family" restroom
Please circle the category above that best describes your restroom facilities.
June 8,2016
Downtown/Uptown Public Restroom Program 4
MEMORANDUM OF AGREEMENT
BETWEEN PRIVATE BUSINESS OWNER AND THE CITY OF PALM SPRINGS
FOR
THE USE OF PUBLIC RESTROOMS.
This Memorandum of Agreement ("MOA") is authorized by the City of Palm Springs (City) and
("Business Owner") doing business at ,
under the business name of ("Establishment"). The purpose of this MOA is
to outline the policies and procedures for the expanded downtown public restroom program between the
City of Palm Springs and Business Owner.
1. Business Owner agrees to the following
• Stock restroom with toilet paper,paper towels or electronic hand dryers,hand sanitizer, and soap.
• Provide public access to restroom facilities during the Establishment's normal operating business
hours. Business Owner will not limit restroom facility usage to patrons of Establishment.
• Maintain restroom log sheets on the premises and record maintenance, cleaning, and restocking of
supplies on a daily basis. Provide records to the City upon request.
• Post restroom signage in a clear, visible area on the premises as directed by the City for the
duration of the program.
• Repair, maintain, and clean the restroom. Ensure the restroom is serviced daily and kept in a clean,
safe, and sanitary condition. City shall have no responsibility for such maintenance, repair,
replacement or improvement of the restroom.
• Business Owner will provide the following:
Toilet and seat covers
Hot and cold running water
Lockable doors
Adequate lighting and ventilation
• Pay for all utilities related to the operation of the restroom to include water, electricity,trash,and
pest control.
• City may market and advertise the Establishment's location and hours of operation as a participant
in the City Restroom program.
• Any restroom that is designed or intended for single use, Business Owner will not restrict
restroom use to any gender.
• Selection of program participants will be at the sole discretion of the City,based on restroom
amenities, locations, hours of operation, availability of funding, and such other criteria the City
deems appropriate.
June 8,2016
Downtown/Uptown Public Rest room Program 5
2. City of Palm Springs agrees to the following
• Provide signage indicating that the Establishment provides public restrooms.
• Provide log sheet template for recording maintenance, cleaning, and restocking of supply times to
Business Owner.
• Payment to Business Owner not to exceed$ per month
to partially subsidize Business Owner's expenses for additional cleaning, maintenance, security,
liability insurance, and supplies as a result of increased restroom usage by non-customers.
Payment shall be made within 30 days following completion of the service month and receipt of
invoice from Business Owner.
• One time reimbursable grant of up to$1,500 to upgrade the restrooms to meet City standards.
3. Evaluation
• The effectiveness of this MOA shall be evaluated annually, or as significant changes occur,by the
City and/or the Business Owner.
4. Effective Date; Term
• This MOA will become effective immediately upon the document being fully executed. If the
Establishment receives a grant as noted above, the Establishment will remain in the program for
at least 180 days. If the Establishment receives a grant and terminates the program prior to the
180 days, the Establishment will reimburse the City for the full amount of any grant received
within 30 days of terminating the MOA.
• This MOA will continue in full force and effect indefinitely until either party provides notice to
terminate. Either party may at any time and for any reason terminate this MOA upon providing
the other party with 30 days advance written notice.
5. Integration; Amendment
• This MOA contains the entire understanding of the parties and supersedes any and all other
written or oral understandings as to those matters contained, and no prior oral or written
understanding shall be of any force or effect with respect to those matters covered. No
amendment, change or modification of this MOA shall be valid unless in writing, stating that it
amends,changes or modifies this MOA, and signed by all the parties.
6. Applicable Law
• This MOA shall be interpreted and enforced in accordance with the laws of the State of
California.
7. Indemnification
June 8,2016
Downtown/Uptown Public Restroom Program 6
• Business Owner agrees to defend,hold harmless and indemnify the City of Palms Springs and its
officers, directors, employees,representatives and volunteers(collectively "City Personnel")
harmless from and against any and all actions,suits,claims, demands,judgments,attorney's fees,
costs, damages to persons or property, losses,penalties,obligations, expenses or liabilities(herein
"claims" or"liabilities")associated with the downtown public restroom program.
June S,2016
Downtown/Uptown Public Restroom Program 7
Contact Information:
City: City of Palm Springs
Attention:Downtown Restroom Program
Administrator
3200 E.Tahquitz Canyon Way
Palm Springs, California 92262
Phone:
Business Owner:
Palm Springs, CA
Phone:
IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below.
City of Palm Springs
Date: By:
ATTEST: APPROVED AS TO FORM:
By: By:
James Thompson Douglas C.Holland
City Clerk City Attorney
PRIVATE BUSINESS OWNER
Date: By
June 8,2016
Downtown/Uptown Public Restroom Program g