Loading...
HomeMy WebLinkAbout06157 - YOGURT ON TAP PUBLIC RESTROOM PROGRAM AT 190 E TAHQUITZ CYN 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 J65 e P h G e n uo. ("Business Owner") doing business at ►R O l; .Tati%ti i t Z. Cyr WXi'y under the business name of 'SuS Ch'�11 t n' (`Establishment"). The purpose f 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 nerees to the followine • 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. 1149334.1 ORIGINAL BID AND/OR AGREEMENT 2. City of Palm Sarines aerees 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 $ rJ SC7ov 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. • Onetime 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. 1149334.1 6. Applicable Law • This MOA shall be interpreted and enforced in accordance with the laws of the State of California. 7. Indemnification • Business Owner agrees to defend,hold harmless and indemnify the City of Palms Spring 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. 1149334.1 Contact Information: City: City of Palm Springs Attention: Downtown Restroom Program Administrator 3200 E.Tahquitz Canyon Way Palm Springs,California 92262 Phone: Business Owner' �105e01) 6'enctF- IBi0 Q v) /on WCLy Palm Springs, CA Phone: '](po,(en1Ct —-T `{ 8(o IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below. City of Palm Springs Date: ATTEST: APPROVED AS TO FORM: hompson Douglas C. Holland ;OCtiC rk City Attorney PRIVATE BUSINESS OWNER 4Z��4� Date: 7 r3_I I I lg By APPROVED BY CITY COUNCIL evu ate\ APPROVED BY CITY MANAGER rho' mo Wo\�l \rlow�• 1149334_1 City of Palm Springs Downtown and Uptown Pilot Public Restroom Program AGREEMENT Yo CCU cr O�j -MP (name of establishment) will provide expanded public access to our restroom facilities during our operating hours. In participating in the downtown and uptown pilot public restroom program, 1 agree to the following: • Restrooms will be stocked with paper supplies, hand sanitizer, and soap and will be cleaned and maintained daily. • Log sheet will be maintained on the premises and business will record maintenance, cleaning and restocking of supplies on a daily basis. These records will be available to the City upon request. • Signage to be provided and installed by the City of Palm Springs will be posted on the premises for the duration of the program. • Provide additional restroom amenities/features required by the City of Palm Springs including: ✓ Toilet seat covers; ✓ Hand Sanitizer ✓ Hot and Cold Water • City may market and advertise my location and hours of operation as a participant in the program. City of Palm Springs agrees to provide the following: • Signage indicating that the business provides public restrooms; • Log sheet template for recording maintenance, cleaning and restocking of supply times to participating business; • Payment to participating business not to exceed $ �S,5O . oZ9 per month to partially subsidize my expenses for additional cleaning, maintenance, security, liability, and supplies as a result of increased restroom usage by non-customers; • One time reimbursable grant of up to $1,500 to upgrade restrooms to meet City guidelines. Other Provisions • City or I can cancel/terminate program participation at any time by giving 10 days written notice. If I receive a grant as noted above, my business 5 City of Palm Springs Downtown and Uptown Pilot Public Restroom Program will remain in the program for at least six months or I will reimburse the City for the full amount of any grant that I received. • I understand that participation in the Downtown and Uptown Pilot Public Restroom Program does not make the City responsible for any damages or injury to any person that might occur in my business. • 1 understand selection of program participants, based upon applications will be at the sole discretion of the City, based on restroom amenities, locations, hours of operation, and such other criteria the City deems appropriate. • All claims and disputes will be considered and resolved between me and my designee and the City Manager and his/her designee. 6 City of Palm Springs Downtown and Uptown Pilot Public Restroom Program Contact Information: City: City of Palm Springs Attention: Downtown Administrator 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Phone: Business Owner: yo,"t-� on T&n Z-vo" S[Ld,0"_ q 4,L n W& Palm Springs, CA Phone: 7&o - (049 - -7q S6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. City of Palm Springs Date: 51 By- ATTEST: APPROVED AS TO FORM: B By: Jx%t/ ames Thompson Dougl C. Holland City Clerk ©9/Z8'`Z o J 1 City Attorney "BUSINESS OWNER" Date: 4719ll/ B 00 - 7 i 9 Eligible Boundaries for Participation in Downtown and Uptown Restroom Program DOWNTOWN AND UPTOWN WE PUBLIC RESTROOM PROGRAM s T &N AVe. Tway Moa _ . . 1166"n, .: r .. EligtDle Boundaries correspond with the �� - ` boundaries of the Business Improvement, VA District and encompass all businesses on Palm Carryon Drive,north of Ramon Road and south of Tachevah Drive along both sides.of the street; Indian Canyon Drive, north of 'F ' Ramon Road and south of Al*Road along both sides of the shoo Belardo:Road,north of Ramon Road and south of Atejo Road on both sides of the street; Museum:Drive on both skies of the sliest;Tatiquitz Carryon way west of Indian Canyon Drive on both sides of the street Amado Road;Andreas Road;La Plaza s Arenas Road and Barlsto Road from Indian Canyon Drive west to Belardo Road on both i 4j- J J sees of the street. r s p h -a =' 'ShtVMlNo9D rvs rcao8,toa o- g 1911W'Y$TA'Oia" g tY�i c. RAWW RR 9