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HomeMy WebLinkAboutCM Mobile Showers Lease____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 4-3-543 Council Meeting: 11/06/2017 Disposition: Resolution 14414 Agenda Item No: 4.d Meeting Date: November 6, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager’s Office Prepared by: Andrew Hening, Director of Homeless Planning & Outreach City Manager Approval: ______________ TOPIC: MOBILE SHOWERS SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO LEASE TWO MOBILE SHOWER TRAILERS AND A PICKUP TRUCK TO DOWNTOWN STREETS TEAM FOR THE IMPLEMENTATION OF THE MARIN MOBILE CARE MOBILE SHOWER PROGRAM RECOMMENDATION: Staff recommends that the City Council adopt the resolution authorizing the City Manager to lease two mobile shower trailers and a pickup truck to Downtown Streets Team. BACKGROUND: Beginning in March of 2016, the City of San Rafael began discussions with senior staff and board members at the Ritter Center to consider possible operational changes to their site. In August of 2016, a final set of changes was agreed upon (relocating shower services, relocating mail services, and relocating homeless food pantry services, all contingent upon the creation of comparable services elsewhere), all of which were confirmed in a Memorandum of Understanding (MOU) between the City and Ritter Center, dated August 15, 2016 (Attachment A). In November of 2016, the City of San Rafael’s Director of Homeless Planning & Outreach spearheaded the creation of a mobile shower working group, comprised of local community members, the County of Marin’s Department of Health and Human Services, and local nonprofit agencies including Downtown Streets Team. Shortly after forming, the working group learned of a parallel effort to develop a mobile shower program in Novato, which was being led by Quest Church and a local Rotary chapter. Not wanting to separately invest in the same asset, these two efforts merged in late December. Beginning in January of this year, the working group began meeting on a bi-weekly basis to further develop the program concept. First and foremost, the group looked at partnering with an existing mobile shower operator in the San Francisco Bay Area. Currently mobile shower programs are being operated by Lava Mae (San Francisco), Catho lic Charities of Sonoma (Sonoma County), and Dignity on Wheels (Santa Clara County, San Mateo County). Unfortunately, either due to pre-planned expansion efforts in other communities or a logistical inability to scale, none of the vendors were able to expand to Marin. Thus, the working group began looking at creating a local model, based SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 on the best practices established by these other providers, whereby Downtown Streets Team would operate the program as a social enterprise through which they could hire formerly homeless program participants. The working name for this project became “Marin Mobile Care.” ANALYSIS: Over the last ten months, the Marin Mobile Care working group has developed a comprehensive business plan and operational framework for providing this much needed service throughout Marin County. Historically, there has only been one dedicated, free shower location in Marin County – at the Ritter Center in downtown San Rafael. Downtown San Rafael is an inconvenient and unsustainable option for the 67% of Marin County’s unsheltered homeless population who reside outside of San Rafael. Moreover, given Ritter’s current shower infrastructure, they only actually serve approximately 16% of Marin County’s unsheltered homeless population over the course of any given week. Given this significant gap in services and access, Marin Mobile Care is seeking to offer mobile showers at several locations throughout Marin County. Compared to traditional, costly infrastructure investments, mobile showers are affordable, flexible and easily scalable. A trailer equipped with three private-entry shower units, including a bathroom in each unit, can be towed to and from sites by a pickup truck. By providing showers for a limited period of time suited to a local community’s needs, negative community impacts can be dramatically reduced. Experience and demand may lead to expanding the mobile shower schedule or adding additional sites. Future mobile services could include resources such as health care, food pantries, and laundry. Currently, Marin Mobile Care is planning to launch its shower pilot program in early 2018, with a full rollout in place by summer. Ritter Center will cease to offer shower services in Downtown San Rafael when the rollout is complete. The Marin Mobile Care working group is partnering with the County of Marin, Marin Community Clinics, other cities, and other nonprofit agencies on locations. Importantly, by disrupting the status quo and reaching people currently off the grid, we reinforce that services should be a gateway to housing and employment, not an end point. Marin Mobile Care will serve as an entry point to Marin County's broader system of care. Everyone who signs up to take a shower will be entered into the County of Marin’s Homeless Management Information System (HMIS), and an onsite Case Manager will assist clients in accessing supportive services. Capital Requirements One of the most critical components of any mobile shower program is the infrastructure itself. The Ritter Center currently operates four shower units, two of which are California ADA compliant. As the working group soon learned, not only are there a limited number of mobile shower trailer vendors across the country, there is an even smaller number who are able to build to California ADA compliance. From this limited pool, our group received quotes from Portable Restroom Trailers, LLC ($101,820 for six stalls) and Rich Trailers ($39,254 for two stalls). For each vendor the working group looked at price, specifications, and customer reviews. At the conclusion of the working group’s analysis, Portable Restroom Trailers, LLC was determined to meet our needs in terms of specifications and competitive pricing. In addition to meeting the California ADA threshold, they offered the best price per shower stall rate. Even though they’re based in South Carolina, our team was able to tour a unit they sold to Heart Consciousness in Lake County, which was purchased to serve the people displaced by the 2015 Valley Fire. In addition to assessing price and specifications, we also needed to be mindful of trailer weight and comparability to Ritter’s current services. As long as a vehicle’s tow-load is below 10,000 lbs, the vehicle’s driver SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 can use a Class C license. In thinking about Downtown Streets Team’s Team Members operating these vehicles, we want to keep the fully loaded (waste water, shower supplies, units themselves) trailers under 10,000 lbs. In needing to provide a comparable service level to what is currently offered at Ritter, we want to provide at least two ADA stalls and at least four stalls overall. Therefore, the working group recommended the purchase of two of Portable Restroom Trailers’ ADA + 2 Combo trailers. Together, these two units provide six showers overall, with two California ADA stalls overall. With the shower equipment identified, the City of San Rafael’s Director of Homeless Planning & Outreach began developing potential funding sources. Through that outreach the working group was invited to apply for a Buck Family Foundation capital grant. At the end of June we were notified that we were selected for a $120,000 one- time capital grant. After much debate and input from local providers and public agencies, it was ultimately decided that the City of San Rafael should formally accept the funding from the Buck Family Foundation. For one, the City of San Rafael initiated this process through its negotiations with the Ritter Center about moving services. Secondly, there were concerns about the capital funding going directly to a service provider. If, for some reason, the service provider decided to stop providing shower services and/or decided it wanted to shift the resource to another jurisdiction, our community would not have a formal recourse to prevent that. Thus, the City accepted the funding in mid-August 2017, and the units were ordered at the end of August. In addition to the trailer units themselves, Downtown Streets Team will also need two pickup trucks to tow the units. Again, both pickup trucks will need to be able to tow a minimum of 10,000lbs. The City of Larkspur has generously already donated one of the pickup trucks to Downtown Streets Team. For the second truck, the San Rafael Police Department offered a pickup truck that was no longer needed by the Department. To provide Downtown Streets Team with the necessary capital to launch the mobile shower program, the City will enter into a one-year lease in the amount of $1 annually for both the shower units and the pickup truck. The lease agreement is attached as Attachment B. Operations The mobile shower program will be operated by Downtown Streets Team as a social enterprise. DST will be responsible for all onsite operations. Specifically, DST will bring (and remove) a shower trailer, a portable canopy, and a few chairs to prospective pilot sites. The shower trailer, built to specifications, has three separate entry private shower/toilet units, one of which is CA ADA compliant and is accessed by an 8' long ramp. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 The trailer includes a black water waste tank, which will be dumped offsite. Gray water from the showers can be dumped into storm drains. Fresh water for the showers is provided through a standard 5/8" hose hookup to a bib and the trailer is powered by 110v. Downtown Streets Team is expecting to provide approximately 9 people with showers per hour. The trailer will be hauled to and from the site by a full-size pickup truck, which can be unhitched during operation if needed. Parking at proposed sites will be blocked off while the showers are in operation. The ADA ramp, which will be accessed from the sidewalk, will be marked with cones. Cones will also be placed at the rear of the trailer and in front around the trailer tongue. Protective rubber covers will be placed over the power cord and hose to prevent tripping. The portable canopy will be set up on the blocked off parking area to provide shade and rain protection to staff and to clients. There will be a few chairs for the Case Manager and those who are waiting. Staffing There will be three paid staff members: an operations manager, an assistant, and a case manager. In addition, there will be at least two volunteers, either from the community or from DST. The operations manager will be responsible for transporting, operating, and maintaining the unit, supervising the assistant and the volunteers, and managing client behavior. The assistant will be responsible for assisting with unit operation, stocking supplies, cleaning shower stalls, and behavior management. The volunteers will be responsible for greeting people and distributing towels. The Case Manager will be responsible for referring people to services, data collection, and general assistance. There will be training, including behavior management strategies, for all positions. Guest Experience There will be a check-in system on site that will schedule people, create a waitlist, and collect data on those using shower services. Initially, services will be offered on a first-come-first-serve basis. Once all time slots have been scheduled, there will be few spots available on a waitlist where people can wait on-site in case a time slot becomes available. There will be protocols in place for any conflict that may arise on site during this waiting period. Coordinated Entry: Connecting Clients to Services As a countywide program, Marin Mobile Care will use coordinated assessment and referral tools to connect clients to services and to track usage and demand in order to scale and locate services as needed. The goal is to have every client in HMIS, which is the countywide data system for tracking outcomes for people experiencing homelessness. In many cases, clients who take showers will already be in HMIS through another agency, and Downtown Streets Team will use HMIS to track their Marin Mobile Care usage. Any new client will be entered into HMIS unless they refuse (per the guidelines established by the HMIS Rules and Procedures). The onsite staff will track those individuals separately for reporting purposes. In addition, Downtown Streets Team will coordinate with the County to have resources on site as often as possible to do the VI-SPDAT assessment to help get people in the queue for housing resources via the Coordinated Entry process. Security The operations manager will be responsible for handling any client behavior issues. If problems arise that require a more focused intervention, the operations manager will work with site staff or other site security and determine whether police or fire services should be called to the site. Prior to the beginning of operations, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 Marin Mobile Care will meet with local police and onsite security services to advise them of the shower location, schedule and overall operational plan. FISCAL IMPACT: The City of San Rafael has received $120,000 from the Buck Family Foundation (Marin Community Foundation) for capital costs related to the Marin Mobile Care program. The City purchased the mobile trailer units for $103,000 and now owns the units. The units will be leased to Downtown Streets Team for one year for $1. The City will pass through the remaining $17,000 to Downtown Streets Team for the purchase of any additional capital requirements (e.g. generators, laundry facilities, branding and marketing on the units) per the terms of the original grant from the Buck Family Foundation. OPTIONS: The City Council has the following options to consider on this matter: 1) Adopt the Resolution authorizing the City Manager to lease two mobile shower trailers and a pickup truck to Downtown Streets Team. 2) Request changes to the Resolution. 3) Reject the Resolution. RECOMMENDED ACTION: Adopt Resolution. ATTACHMENTS: Attachment A – Ritter Memorandum of Understanding Attachment B – Draft Lease Agreement Attachment C - Resolution of the San Rafael City Council Authorizing the City Manager to Lease Two Mobile Shower Trailers and a Pickup Truck to Downtown Streets Team for the Implementation of the Marin Mobile Care Mobile Shower Program. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into as of August 15, 2016 ("Effective Date") by and among the City of San Rafael (the "City"), a municipal corporation; Ritter Center ("Ritter"), a California non-profit corporation; and Richard Bottarini and Bonnie Bottarini (owners of 12 Ritter Street) and Leonard 1. Nibbi and Janet L. Nibbi, Trustees of the Leonard 1. Nibbi and Janet L. Nibbi Revocable Trust, and Alma Adda Brovelli, Trustee of the George E. and Alma Adda Brovelli Trust, and Karen M. Brovelli, Trustee of the Karen Marie Brovelli Revocable Trust (owners of 16 Ritter Street) (collectively "Owners"), (each, a "Party," collectively "Parties") with reference to the following matters. RECITALS A. Ritter Ccnter was established in the early 1980s to serve the needs of local low- income residents (including homeless residents and those at risk of becoming homeless). Ritter currently provides a variety of services, including medical, mental health, case management, substance abuse, day, food pantry, shower, laundry, mail, and housing and rental assistance to low income and homeless people at real property commonly known as 12 and 16 Ritter Street, San Rafael, CA 94901 (the "Premises"), which is located in downtown San Rafael. Ritter leases the Premises from Owners (Ritter leases 12 Ritter Street from Richard Bottarini and Bonnie Bottarini; Ritter leases 16 Ritter Street from Leonard 1. Nibbi and Janet L. Nibbi, Trustees of the Leonard J . Nibbi and Janet L. Nibbi Revocable Trust, Alma Adda Brovelli, Trustee of the George E. and Alma Adda Brovelli Trust, and Karen M. Brovelli, Trustee of the Karen Marie Brovelli Revocable Trust). Ritter cUlTently operates pursuant to certain approvals issued by the City, including Conditional Use Permit UP13-030 ("CUP"), which was issued by the City in 2013. Ritter has rights to operate Ritter Center at the Premises pursuant to the terms of the CUP. B. Some members of the City's community perceive that (i) in recent years, the popUlation of homeless and near-homeless persons in Marin County ("County") generally, and in downtown San Rafael in particular, has significantly increased, (ii) actions of some of the homeless and near-homeless persons in downtown San Rafael have caused adverse impacts to local residents, businesses, and visitors. It is the City'S belief that changes in the services offered at Ritter Center for those persons who use its services ("Ritter Clients") could mitigate such adverse impacts . C. Over the course of the last several months, the City and Ritter have been discussing relocating some of the services offered at Ritter Center to other locations, while also preserving the availability and accessibility of those services for Ritter Clients. In addition, the City and Ritter have been cooperating in good faith to identify potential alternative sites for Ritter to relocate its facilities for serving Ritter Clicnts. D. Contemporaneously with the discussions referenced in the prior recital, the City held public hearings before the City Council regarding whether to modify or revoke the CUP based on, among other things, concerns expressed by members of the community that Ritter was causing or allowing nuisance conditions around the Premises. Ritter disputed these contentions and asserted, inter alia, that Ritter was in full compliance with the CUP and that the City lacked 12574336 .112573926.1 OAK #4845-2649-7842 viI Page 1 of 11 proper legal grounds to modify or revoke Ritter's CUP. The City did not make any findings or decision to modify or revoke the CUP. E . Contemporaneously with the entry of this MOU, the City Council has publicly announced its suspension of such administrative proceedings in order to provide the Parties an opportunity to enter and implement this MOU. F. City staff has considered whether to recommend that the Planning Commission and the City Council consider a zoning change for the Premises to prohibit continued operation of the Ritter Center (after an amortization period), but neither City staff, the Planning Commission, nor the City Council have pursued such potential legislation. Ritter believes there is no legitimate basis to support a zoning change or other limitation of its rights under the CUP. G. At a duly noticed City Council meeting on June 6, 2016 (which included a duly noticed public hearing regarding Ritter's CUP), the City Council and Ritter representatives discussed the formation of a memorandum of understanding to address the City's and Ritter's interests in pursuing certain operational and locational changes regarding Ritter's services. The City Council directed City staff and counsel to pursue the drafting and entry of such a memorandum of understanding . H. The Pat1ies have now agreed to a process to implement certain voluntary operational changes to Ritter's use of the Premises as described in this MOU, once comparable replacement services have been established at alternative locations . Replacement services must be accessible to the target population and be of similar or better quality and quantity - i .e. available during similar hours and be able to serve at least the same number of people, as set forth in this MOU. NOW THEREFORE, in consideration of the recitals hereof and the mutual covenants and agreement contained in the MOU, the parties agree as follows : AGREEMENT 1. INCORPORA TION OF RECITALS The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this MOU as though set forth in full. 2. CONDITIONS AND TERMS FOR VOLUNTARY DISCONTINUATION OF CERT AIN PERMITTED SERVICES BY RITTER Provided that the conditions of Subsection (A) have been and remain satisfied, Ritter shall discontinue its provision of certain services on the Premises, on the replacement service telms set f011h below in Subsection (B). 12574336 .112573926.1 OAK #4845-2649-7842 \'11 Page 2 of 11 A. Conditions Precedent. (i) The City has not, subsequent to the Effective Date, recommenced administrative proceedings regarding whether to modify or revoke the CUP (which administrative proceedings were suspended contemporaneously with the City Council's approval of this MOU, as discussed in the Recitals). While satisfaction of this condition (or written waiver by Ritter thereof) is a prerequisite to the triggering of Ritter's obligations in Subsection (B) below, the City reserves and retains its police power authority to recommence administrative actions to modify or revoke the CUP. In the event that the City recommences administrative actions to modify or revoke the CUP, Ritter Center shall have no further obligations under this MOU. (ii) The City has not, subsequent to the Effective Date, commenced any legislative proceedings to consider whether to change the zoning for the Premises to prohibit such uses of the Premises made by Ritter as of the Effective Date. In the event that the City commences legislative proceedings to consider rezoning to prohibit any such use of the Premises, Ritter Center shall have no further obligations under this MOO, B. Replacement Service Terms. This Section 2(B) addresses rights and obligations with respect to replacement services, once third party providers have commenced providing certain services Ritter now provides, as follows (see Section 3, below, regarding the process for identifying such providers, among other things): (i) Food Pantry. Within 30 days of the date on which a third party commences providing (or two or more third parties commence providing), in a location mutually agreeable to the City and Ritter, no fewer than 90 meal p011ions per week (in the aggregate and collectively) in a reasonably comparable manner as Ritter's existing program to individuals without access to indoor cooking facilities, Ritter shall stop providing food pantry services to individuals without access to indoor cooking facilities at the Premises (and shall not resume providing such services at the Premises, except as provided in Section 5 below). For purposes of this provision, Ritter will use good faith efforts to determine those Ritter Clients who are homeless. Nothing in this Section 2(B) affects Ritter's right to provide food pantry services at the Premises to individuals and/or families with access to indoor cooking facilities. However, Ritter will provide information and meet and confer with the City with respect to food pantry services for housed individuals and/or families as discussed in Section 3. Ritter emphasizes that the best practice is to provide food pantry service for residents with access to cooking facilities co-located with benefit enrollment for Cal Fresh and Medi-Cal. (ii) Mail Services. Within 30 days of the provision, by a third palty (or two or more third parties), of mailboxes or facilities capable of receiving mail for at least 150 Ritter Clients (in the aggregate and collectively) in a reasonably comparable manner as currently provided by Ritter, Ritter shall stop providing 12574336.112573926.1 OAK #4845-2649-7842 vii Page 3 of 11 mail services to Ritter Clients at the Premises (and shall not resume providing such services at the Premises, except as provided in Section 5 below). (iii) Shower and Laundry Services. Within 30 days of the provision, by a third party (or two or more third pru1ies), of shower and laundry services (mobile or stationary), in a reasonably comparable manner as currently provided by Ritter, Ritter shall stop providing shower and laundry services at the Premises (and shall not resume providing such services at the Premises, except as provided in Section 5 below). 3. CITY-RITTER COOPERATION TO IMPLEMENT SECTION 2 A. Tasks and Timing for Implementing Section 2. The City and Ritter shall cooperate in good faith to implement Section 2(B) in a timely manner, with the understanding that (1) the City will take the lead in this regard and (2) Ritter will, acting in good faith, provide informational support and take such actions as are reasonably necessary to assist with the transition of these services. To that end, the City and Ritter shall cooperate to meet the following deadlines with the understanding that the City will be responsible for arranging for the establishment of the replacement services and Ritter will be responsible for transitioning services once replacement services are established: (i) Identification of Third Party Providers. The City and Ritter shall reasonably cooperate to identify third parties (including other non-profit organizations and the County) capable of providing each of the services described in Section 2(B). The City shall create a list of potential third party providers for each of the three services identified in Section 2(B) using informational support provided by Ritter by late September 2016. 12574336.112573926.1 OAK #4845-2649-7842 v II (a) The individuals from the City who are primarily responsible for implementation of this task with respect to the food pantry and mail services (sections 2(B)(i) and 2(B)(ii)) are as follows: The City Manager (currently, Jim Schutz) and the City'S Homeless Services Coordinator (currently Andrew Hening), who will take the lead on behalf of the Parties with respect to food pantry and mail services. Ritter's Executive Director (currently Cia Byrnes) will cooperate in good faith with supp011 for these eff011s. (b) The individuals from the City who are primarily responsible for implementation of this task with respect to the shower and laundry services (section 2(B)(iii)) are as follows: the City Manager (currently, Jim Schutz) and the City'S Homeless Services Coordinator (currently Andrew Hening) who will take the lead on behalf of the Parties with respect to shower and laundry services. Ritter's Executive Director (currently Cia Byrnes) will cooperate in good faith with support for these efforts. Page 4 of 11 (ii) Negotiation with Third Party Providers. The City shall contact and, with Ritter's input (including providing relevant information regarding the service(s) provided by Ritter and the target population for such services), negotiate the terms of agreement(s) and/or arrangement(s) with third parties capable of providing each of the services described in Section 2(B). The City shall have contacted and have made good faith efforts to commence negotiations with such third party providers by mid-October 2016. The individuals from the City who are primarily responsible for implementation of this task are as provided for in section 3 (A)(i), subdivisions (a) and (b). (iii) Commencement of Third Partv Services. The City, with good faith assistance and support from Ritter, shall use good faith, commercially reasonable efforts to cause one or more third party service providers to commence providing the services described in Section 2(B)(i) by early January 2017, Section 2(B)(ii) by early January 2017, and Section 2(B)(iii) by early July 2017. The individuals from the City who are primarily responsible for implementation and individuals from Ritter primarily responsible for the transition of this task are as provided for in section 3(A)(i), subdivisions (a) and (b). B. Food Pantry Services Information and Consideration. Ritter will promptly provide, to the City, data and information reasonably requested by the City regarding the jurisdictions from which Ritter's housed and homeless clients come to receive food pantry services (though disclosure to the City of individuals' names and precise street addresses will not be required), so that the City can better understand the scope, nature, and capacities of Ritter's current food pantry operations (for housed and homeless clients alike). 4. RELOCATION OF RITTER CENTER'S REMAINING SERVICES A. Identification of a Relocation Site. The City and Ritter will continue to cooperate in good faith to identify other suitable premises in Marin County, both inside and outside the City's jurisdictional limits, where Ritter Center can potentially relocate (for the continuation of the services Ritter Center has continued to provide as of that time) ("Potential Relocation Site"). This provision does not obligate Ritter to relocate from the Premises. B. Land Use Review. The City will process in good faith any application by Ritter and potential co-tenants for entitlements (e.g., a use permit) for a Potential Relocation Site within the City's jurisdiction. 5. RESERVATION OF RIGHTS A. Resumption of Services. If a third palty or parties discontinue the provision of the services identified in Section 2(B) beyond the cure period identified in Section 7, and Ritter has continued to provide any services at the Premises (e.g., it has not completely relocated pursuant to Section 4), Ritter shall be entitled to immediately begin providing such services on the Premises consistent with the CUP. 12574336.112573926.1 OAK #4845-2649-7842 vii Page 5 of 11 B. No Abandonment. Ritter's voluntary cessation of activities authorized under the CUP pursuant to the terms of this MOU shall not constitute an abandonment of the CUP by Ritter or Owners, or any of the rights or privileges granted by the City to Ritter or Owners thereunder. C. Reservation of Autonomy. Ritter reserves the right to retain autonomy over its business, services, structure, operations, and governance. 6. LANDLORD'S AGREEMENT TO COOPERATE AND NOT TO REPLACE RELOCA TED SERVICES ON THE PREMISES Owners will not impede the City's and/or Ritter's efforts to implement this MOU and otherwise have no obligations under this MOU. 7. DEFAULTS AND REMEDIES Failure by any Party to comply with its enumerated obligations shall constitute an event of default hereunder. The non-defaulting Party or Parties shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If such default remains uncured 30 days after receipt by the defaulting Patty of such notice, the non-defaulting Party may exercise the remedies set forth in this Section 7. A. Ritter's Default. Ritter's failure to comply with Section 2(B), Section 3 or Section 4(A) shall constitute a default and breach of this MOU by Ritter. The City shall give written notice of a default to Ritter, specifying the nature of the default and the required action to cure the default. If such default remains uncured 30 days after receipt by Ritter of such notice, the City may exercise the remedies set forth in Section 7(D). B. City's Default. The City's failure to comply with Section 3 or Section 4, shall constitute a default and breach of this MOU by the City. Ritter shall give written notice of a default to the City, specifying the nature of the default and the required action to cure the default. If such default remains uncured 30 days after receipt by the City of such notice, Ritter and/or Owners may exercise the remedies set forth in Section 7(E). C. [INTENTIONALLY OMITTED] D. Exclusive Remedies for Ritter's Default. In the event of an uncured default by Ritter, the sale and exclusive remedy shall be to file suit for specific performance to enforce this MOU. E. Exclusive Remedies for the City's Default. In the event of an uncured default by the City, the sale and exclusive remedies shall be (i) to resume operations at the Premises consistent with the terms of the CUP and (ii) to file suit for specific performance to enforce this MOU. F. [INTENTIONALLY OMITTED] 12574336.112573926.1 OAK 114845-2649-7842 vii Page 6 of 11 G. No Damages. None of the Patties shall have any liability to the others for damages or otherwise for any default, nor shall the Parties have any other claims with respect to performance or non-perfonnance by the other Party under this MOO. Each Party specifically waives and releases any such rights or claims they may otherwise have at law or in equity in the event of a default by the other Party, including the right to recover actual, consequential, special or punitive damages from the defaulting Party. 8. MISCELLANEOUS A. Notices. All notices under this MOO shall be in writing, shall be effective upon delivery by an express delivery service which shall show the location and the delivery date and shall be addressed as follows: Ritter: Ritter Center 16 Ritter Street, P.O. Box 3517 San Rafacl, CA 94912 Attn: Cia Byrnes, Executive Director Tel: (415) 457-8182 City: City Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Attn: City Manager Tel: (415) 485-3070 Owners: Regarding 12 Ritter St. (APN 011-272-12) Richard Bottarini Bonnie Bottarini 806 University Street Healdsburg, CA 95448-3749 Regarding 16 Ritter Street (APN 011-272-04) Leonard J Nibbi and Janet L Nibbi, Trustees Leonard J. Nibbi and Janet L. Nibbi Revocable Trust I 182 Lea Drive Novato, CA 94945-3356 Regarding 16 Ritter Street (APN 011-272-04) Karen M. Brovelli, Trustee or the Karen Marie Brovelli Revocable Trust 1012 Los Gamos Rd., Apt. F San Rafael, CA 94903 Alma Adda Brovelli, Trustee of the George E. and Alma Adda Brovelli Trust c/o Drakes Terrace, 275 Los Ranchitos Rd., Apt. 105 San Rafael, CA 94903 All notices shall be deemed effective on the earliest of (i) actual receipt; or (ii) rejection of delivery. 12574336.112573926 .1 OAK #4845-2649-7842 vii Page 7 of11 B. Binding Effect. This MOU shall inure to and bind the parties, their respective representatives, successors and permitted assigns. C. Counterparts. This MOU may be executed in counterparts, all of which taken together shall be deemed one original agreement. Photocopies or facsimiles shall constitute good evidence of such execution. D. Captions. Section, titles, or captions in no way define, limit, extend or describe the scope of this MOU or the intent of any of its provisions, and are for convenience of reference only. E. Governing Law. This MOU shall be construed in accordance with and be governed by the provisions of the laws of the State of California. F. Advice of Counsel. The Parties have received or have had the opportunity to receive independent legal advice with respect to the advisability of entering into this MOU. G. Construction of MOU. Each Party has cooperated in the drafting and preparation of this MOU and, accordingly, this MOU shall not be construed against any party as the drafter hereof. H. Waiver. No waiver of any right under this MOU shall be deemed effective unless contained in writing signed by the party charged with the waiver. No waiver of any breach or any failure to perfonn shall be deemed to be a waiver of any future breach or failure to perform or of any other right arising under this MOU. I. Entire Agreement. This MOU between the Parties sets forth the entire agreement of the parties and this MOU may not be modified except in writing signed by authorized signatories of the City, Ritter, and Owners. Notwithstanding this MOU, the CUP for the Premises remains in full force and effect. J. No Third Party Beneficiaries. The Parties acknowledge and agree that there are no intended or unintended third patty beneficiaries of this MOU. 12574336.112573926.1 OAK 114845·2649·7842 vII [Signatures on following pages] Page 8 of 11 IN WITNESS WHEREOF, the parties hereto have executed this MOU on the dale first written above. CITY OF SA , a municipal corporation By: By: Kate Colin, Vice-Mayor By: Maribeth Bushey, Council member By: ATTEST: By: /'Z.~ e· ~}:~ . Esther C. Beirne, City Clerk APPROVED AS TO FORM: By: L.: a .21.J~::... L fl:t; Rob Epstein, City ~ney7 V' ... [Ritter's and Owners' signatures on following pages] 12574336.112573926.1 OAK #4845-2649-7842 vII Page 9 of 11 THE RITTER CENTER, a California non-profit corporation By: By: [Owners' signatures on following page] 12574336 .112573926.1 OAK 114845-2649-7842 viI 06095-0009 Page 10 of 11 OWNERS: J/~;?~ BY:/~~ v Richard Bottnnni, By: llMU L-1. ifk(fjftjJ"-u Bonnie Bottarini, By: By: Owner of 12 Ritter Street Executed and entered for the sole purpose of Section 6, which sets forth the Owners' only obligations under this MOU. Owner of 12 Ritter Street Executed and entered for the sole purpose of Section 6, which sets forth the Owners' only obligations under this MOV. By: ~--~~~~------~~----~---------~~~~--~~------~--Leonard J. Nibbi, Trustee ofthe Leonard J. Janet 1. Nibbi, Trustee of the Leonard J. Nibbi and Janet 1. Nibbi Revocable Trust, Nibbi and Janet 1. Nibbi Revocable Trust, Owner of 16 Ritter Street Owner of 16 Ritter Street Executed and entered for the sole purpose Executed and entered for the sole purpose of Section 6, which sets forth the Owners' of Section 6, which sets forth the Owners' only obligations under this MOU. only obligations under this MOV. By: ------------~-----------------------~--~--~--------~----Karen M. Brovelli, Trustee of the Karen Alma Addax Brovelli, Trustee of the Marie Brovelli Revocable Trust, Karen Marie Brovelli Revocable Trust, Owner of 16 Ritter Street Owner of 16 Ritter Street Executed and entered for the sole purpose Executed and entered for the sole purpose of Section 6, which sets forth the Owners' of Section 6, which sets forth the Owners' only obligations under this MOU. only obligations under this MOU. Page 11 of 11 12574336.112573926.1 OAK 1#4845-2649-7842 v11 06095-0009 · . OWNERS: By: By: By: By: ----~----~-----------------------~ Richard Bottarini, Bonnie Bottarini, Owner of 12 Ri tter Street Owner of 12 Ritter Street Executed and entered for the sole purpose Executed and entered for the sole purpose of Section 6, which sets forth the Owners' of Section 6, which sets forth the Owners' only obligations under this MOU. only obligations under this MOU. I " 1/ f· ~ I ' ,~, ..... / " / tJ " By: --' / .. _.' . l" /;,' / lYUt------- Leonard J. Nibbi, Trustee ofthe Leonard J. lanet L. Nibbi, Trustee of the Leonard J. Nibbi and Janet 1. Nibbi Revocable Trust, 'Nibbi ancl Janet 1. Nibbi Revocable Trust, Owner of 16 Ritter Street Owner of 16 Rittcr Street Executed and entered for the sale purpose Executed and entered for the sole purpose of Section 6, which sets forth the Owners' of Section 6, which sets forth the Owners' only obligations under this MOU. only obligations under this MOU. _~-=--___ -n._~?SB~f. <---~_~,----",~&:_,Z.---,,~~,-, ' __ By: Karen M. Brovelli, Trustee of the Karen Marie Brovelli Revocable Trust, Owner of 16 Ritter Street Executed and entered for the sole purpose of Section 6, which sets forth the Owners' only obligations under this MOU. Page 11 of 11 ,') 'J • /') , --r:..J" 1 ~'v!, l ULr/.lj • -'j~,.'_ "~ ,'1 ,( Alma Adda Brovclli, Trustee of the George E. and Alma Adda Brovelli Trust, Owner of 16 Ritter Street Executed and entered for the sole purpose of Section 6, which sets forth the Owners' only obligations under this MOU. 12574336. 112573926, I OAK 114845-2649-7842 vi I LEASE OF PERSONAL PROPERTY BETWEEN THE CITY OF SAN RAFAEL AND DOWNTOWN STREETS, INC. TIDS LEASE AGREEMENT is made on the .ML day of JOJ\\,\o-'Y'1 ,2..0\~ by and between the CITY OF SAN RAFAEL ( CITY") a chartered Municipal Corporation organized and existing under the laws of the State of California, and DOWNTOWN STREETS, INC., a non- profit corporation organized under the laws of the State of California ("LESSEE"). WHEREAS, CITY entered into an agreement with LESSEE in June 2013 to implement and manage a volunteer work program for persons experiencing homelessness, called "the Downtown Streets Team"; and WHEREAS, CITY has in subsequent years entered into successive agreements with LESSEE for management of the Downtown Streets Team program, and has found that the Downtown Streets Team provides numerous benefits to the San Rafael community; and WHEREAS, CITY has been working with community members and nonprofit services agencies in Marin County to implement a program to provide mobile shower and laundry services to homeless and/or low-income persons throughout Marin County who do not otherwise have regular access to such amenities (the "Shower Program"); and WHEREAS, CITY, with grant funds provided by the Marin Community Foundation, has purchased two 3-stall mobile shower units which it is selling to LESSEE for use in the Shower Program, and CITY also owns a 2002 Ford F-350 truck that is available and can be used to tow the mobile shower units; and WHEREAS, CITY and LESSEE desire LESSEE to operate the Shower Program as a social enterprise, so that it can employ Downtown Streets Team members in living wage employment opportunities while simultaneously expanding access to dignity across the community; NOW, THEREFORE, the Parties agree as follows: 1. DESCRIPTION OF LEASED PROPERTY CITY agrees to lease to LESSEE, and LESSEE agrees to lease from CITY, on the terms and conditions set forth herein, the personal property described as follows (hereafter the "Leased Property") : Truck for towing mobile shower units: 2002 Ford F-350 truck VIN: FTWW32F32EB33319 1 2. TERM The term of this Lease shall commence as of its execution, and shall be for a term of one (1) year. The term of the Lease shall automatically renew for a new one year term unless either party notifies the other in writing, at least 30 days, prior to the end of the then-current Lease term, that it wishes to terminate the Lease at the end of the then-current Lease term. 3. RENT LESSEE shall pay to CITY as rent, without deduction, setoff, prior notice, or demand, the sum of One Dollar ($1.00) per Lease year, payable in advance at the commencement of the Lease term or any renewed Lease term. 4. USE OF PROPERTY During the term of this Lease, LESSEE shall use the Leased Property only for the purpose of providing mobile shower and laundry services to homeless and/or low-income persons throughout Marin County. 5. OPERATIONS, MAINTENANCE AND REPAIR LESSEE shall, at its expense, keep and maintain the Leased Property in good order, condition and repair, excepting only reasonable wear and tear. The Leased Property shall at all times be kept and operated in compliance with any applicable federal, state and local laws and regulations and in compliance with all conditions of any warranties provided on the Leased Property, and LESSEE shall indemnifY, defend and hold CITY harmless from any and all claims and actions arising out of LESSEE'S alleged or actual failure to comply with all applicable laws and regulations. 6. LICENSING, PERMITS & ENVIRONMENTAL CLEARANCES LESSEE shall ensure that all persons driving the leased truck are appropriately licensed in California to operate the vehicle and tow the mobile shower units. LESSEE shall obtain any required licenses, permits and/or environmental approvals required to operate the Shower Program. 7. INSURANCE A. Scope of Coverage. During the term of this Lease, LESSEE shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 2 3. Worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. LESSEE'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. 4. Insurance against the loss ofthe Leased Property at its full replacement value minus depreciation and naming CITY as loss payee. B. Other Insurance Requirements. The insurance coverage required of the LESSEE in subparagraph A of this section above shall also meet the following requirements: 1. Except for worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under LESSEE'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in LESSEE'S policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, LESSEE hereby grants to CITY a waiver of any right to subrogation which any insurer of LES SEE may acquire against CITY by virtue of the payment of any loss under such insurance. LESSEE agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. 3 C. Deductibles and SIR's. Any deductibles or self-insured retentions in LESSEE'S insurance policies must be declared to and approved by CITY'S City Attorney, and shall not reduce the limits ofliability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or LESSEE shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. LESSEE shall provide to CITY'S City Attorney all of the following as requested: (l) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from LESSEE. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the City Attorney. 8. RELEASE AND INDEMNIFICATION LESSEE shall release, indemnify, defend and hold harmless CITY, its officers, agents employees and volunteers (the "CITY Indemnitees") from 1) any and all claims of liability for damage to property, for injury or for death to any person occurring in, on or about, the Leased Property, or arising out of or related to LESSEE'S use of the Leased Property for the Shower Program pursuant to this Lease, 2) any and all claims of liability arising from LESSEE'S failure to perform any provision of this Lease, 3) any and all claims of liability arising from any act or omission by LESSEE, its agents, contractors, invitees, employees or volunteers in connection with this Lease; and 4) any and all damages, liability, fines, penalties and any other consequences arising from any noncompliance or violation of any federal, state or local laws or regulations; except as to the gross negligence or willful misconduct of the CITY Indemnitees. 9. NON-DISCRIMINATION LESSEE, in its use of the Leased Property, agrees not to, and shall not discriminate against any person because of race, color, religion, ancestry, national origin, age, sex, pregnancy, marital status, or disability in violation of any federal, state or local laws and regulations. 10. DEFAULT BY LESSEE The occurrence of any of the following shall constitute a default by LESSEE: A. Failure to pay rent. B. Failure to maintain the Leased Property as required by this Lease. 4 C. Assignment, sublet, or encmnbrance of LESSEE'S interest in this Lease or in the Leased Property, without CITY'S written consent. D. Failure to use the Leased Property for the purposes set forth in this Lease. E. Failure to perform any other provision of this Lease if the failure to perform is not cured within five (5) days after notice has been given to LESSEE by CITY. 11. REMEDIES. On the occurrence of an event of default, CITY will be entitled to pursue anyone or more of the following remedies, in addition to any other legal remedy available to CITY: A. Take possession of the Leased Property without demand or notice and without court order or other judicial process. B. Terminate this Lease immediately upon written notice to LESSEE. 12 . ASSIGNMENT AND SUBLETTING. LESSEE shall not voluntarily assign or encmnber its interest in this Lease or in the Leased Property, without CITY'S written consent. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this paragraph. 13 . INSPECTION . CITY and its authorized representatives shall have the right to inspect the Leased Property at all reasonable times for any reasonable purpose, including but not limited to: A. Determining whether the Leased Property is in good condition. B. Determining whether LESSEE is complying with all of its obligations under the Lease. C. Protecting and ensuring the safety of the Leased Property, its users, and the general public. 14. NOTICES A written notice required by the terms and conditions of this Lease shall be deemed served when a party hand delivers it , or sends the notice in an envelope addressed to the other party to this Lease and deposited with the U.S. Postal Service, postage prepaid. For purposes of this Lease, notices shall be addressed as follows: To CITY: City Manager City of San Rafael 5 To LESSEE: 15. WAIVER 1400 Fifth Avenue San Rafael, CA 94901 Eileen Richardson, Executive Director Downtown Streets Team 1671 The Alameda, Suite 306 San Jose, CA 95126 No delay or omission in the exercise of any right or remedy of CITY on any default by LESSEE shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by CITY of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. Any waiver by CITY of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Lease. CITY's consent to or approval of any act by LESSEE requiring CITY'S consent or approval shall not be deemed to waive or render unnecessary CITY'S consent to or approval of any subsequent act by LESSEE. 16. DAMAGE OR DESTRUCTION. If the Leased Property is totally or partially destroyed from any cause, rendering the it totally or partially unusable, CITY may either continue or terminate this Lease by giving notice to LESSEE within thirty (30) days of the date of destruction. If CITY elects to continue the Lease in full force and effect, then CITY shall restore the Leased Property to a usable condition, and the rent shall be abated from the date of destruction until the date restoration is completed in an amount proportionate to the extent to which the destruction interferes with LESSEE'S use of the Leased Property. If CITY fails to give notice of its decision to terminate or to continue this Lease within the thirty (30) day period, LESSEE may elect to terminate this Lease. LESSEE waives the provisions of Civil Code sections 1932(2) and 1933(4) with respect to any destruction of the Leased Property. 17. SURRENDER OF LEASED PROPERTY. At the termination of this Lease, LESSEE shall 1) give up and surrender the Leased Property, in as good a state and condition as when the Lease term began, excepting only reasonable wear and tear; and 2) remove all property which is not a fixture of or permanent attachment to the Leased Property and which is owned by LESSEE. If LESSEE fails to remove all personal property from the Leased Property and after CITY has given due notice as required by law, CITY may, in its sole discretion, remove and store and/or dispose of all said personal property at the sole cost and expense of LESSEE. 18. TIME OF ESSENCE. 6 Time shall be of the essence of each provision of this Lease. 19. TERMS BINDING ON SUCCESSORS. All the terms, covenants and conditions of this Lease shall be binding upon and inure to the benefit of the successors and assigns of the parties to this Lease. The provisions of this section shall not be deemed a waiver of any of the conditions against assignment contained in this Lease. 20. GOVERNING LAW, VENUE. The laws of the State of California shall govern this Lease. In the event of any judicial action, venue shall be in the County of Marin, State of California. 21. ENTIRE AGREEMENT, AMENDMENTS . This Lease contains the entire agreement between the parties regarding the lease of the Leased Property and shall supersede any and all prior agreements, oral or written, between the parties regarding the rental of the Leased Property. This Lease cannot be altered or otherwise modified except by a written amendment executed by the parties. IN WITNESS WHEREOF, CITY and LESSEE have executed this Lease as of the date written on the first paragraph of this Lease. CITY OF SAN RAFAEL ATTEST: -ES'fMr!;R BEIRNE, Ci ty Cl e rk LindStA"1 U),ro., lntet"itYI APPROVED AS TO FORM: 7 DOWNTOWN STREETS, INC., LESSEE - (Signature) ~ { \ I E:fn RK\rt,o 'r ds<i\4 (Print N am~) . p{~Sid-(V! 1 g ( E-C' (T itle) AGREEMENT FOR PURCHASE OF MOBILE SHOWER UNITS THIS AGREEMENT is executed on the 30 day of J C\\') \ACl Y '1 20 Jf?, by the CITY OF SAN RAFAEL, a chartered Municipal Corporation or gani zed and existing under the laws of the State of California, as SELLER, and DOWNTOWN STREETS, INC., a nonprofit corporation organized under the laws of the State of California, as BUYER. RECITALS A. SELLER, with grant funds provided by the Marin Community Foundation, purchased and is now the legal owner oftwo 2017 California Compliant ADA+2 Portable Restroom/Shower Trailers more particularly described as follows: VIN:_ 4C9TN2221Hl\1081936 _________________ _ VIN _ 4C9TN2223Hl\1081937 ______________ --': (hereafter called "the Mobile Showers"). B. SELLER received the grant funds for the purpose of facilitating the implementation in Marin County of a program to provide mobile shower services to homeless and/or low-income persons throughout Marin County who do not otherwise have regular access to such amenities (the "Shower Program"). C. BUYER is a nonprofit organization operating a volunteer work program called "the Downtown Streets Team" in the City of San Rafael for persons experiencing homelessness to rebuild their lives and engage in a meaningful contribution to the San Rafael community. D. BUYER took a leading role in the working group that designed the mobile shower program based on organizational partnerships with other mobile shower programs in San Francisco, Palo Alto , Sunnyvale, and San Jose, and has committed to being the operator and manager of the Shower Program in Marin County. E. BUYER acknowledges that SELLER is selling the Mobile Showers to BUYER solely for BUYER'S use in operating the Shower Program in Marin County. NOW, THEREFORE, for in consideration for the mutual promises contained herein, and for other good and valuable consideration as set forth below, the sufficiency of which is acknowledged, SELLER hereby sells the Mobile Showers to BUYER, on the terms and with the representations set forth below. 1. Purchase Price: The full purchase price for the Mobile Showers is One Dollar ($1.00), receipt of which is hereby acknowledged by SELLER. 2. BUYER agrees to take possession of the Mobile Showers immediately . 3. BUYER hereby grants to SELLER an option to purchase the Mobile Showers from BUYER for One Dollar ($1.00) at any time, if the SELLER determines, in the SELLER'S sole discretion, that BUYER is not using the Mobile Showers exclusively for the Shower Program in Marin County in cooperation with the [ANDREW: What group will be monitoring this program?]. Such option shall be superior to the rights of any other party to purchase the Mobile Showers from BUYER. Upon delivery of the written exercise of the option and tender of the purchase price by SELLER, BUYER shall deliver the Mobile Showers to SELLER within the next three (3) business days. 4. From and after the effective date of this Agreement, and so long as BUYER owns the Mobile Showers. BUYER shall indemnify, defend, and hold harmless SELLER from and against all costs , attorney's fees, expenses, claims, obligations, and liabilities related to ownership of the Mobile Showers or BUYER'S use of the Mobile Showers. WHEREFORE, the Parties have executed this Agreement as of the date first set forth above . THE CITY OF SAN RAFAEL, SELLER DOWNTOWN STREETS, INC., BUYER By: ----~~~~~~+----------- ATTEST: Esther'oHeinfe' C ity Clerk LindSa.y l..o. rlA , Intc(iO'l APPROVED AS TO FORM: t~12 ~~~ Robert F. Epstein, Cit)TAtt111Ci I ('u A. _,' By: lJ/'----' \.!/ "-..J --------~------------------ (Printed Name of Corporate Officer) (Title of Corporate Officer) CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Manager's Office Project Manager: Andrew Hening Extension: 3055 Contractor Name: Downtown Streets Team Contractor's Contact: Elfreda Styrdom Contact's Email: Elfreda@streetsteam.org o FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise , and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval *PSA > $20,000 ; or Pur cha se > $35 ,000 ; or Publi c Works Contrac t > $125 ,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager / Mayor Agreement executed by Council authori zed official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE In system 12/1/2017 12/1/2017 0 N/A Or 11/6/2017 ~ . \/tt/tl~ , !2.f2!fi t/u,//~ ( /3 u) (8 -- I REVIEWER Check/Initial 181 AH 181 181 181 rgj AH rgj ,~ ~ ft ~ ~. lY' 1 RESOLUTION NO. 14414 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO LEASE TWO MOBILE SHOWER TRAILERS AND A PICKUP TRUCK TO DOWNTOWN STREETS TEAM FOR THE IMPLEMENTATION OF THE MARIN MOBILE CARE MOBILE SHOWER PROGRAM WHEREAS, the City of San Rafael and the Ritter Center, a nonprofit organization providing support services to homeless and low-income persons at 16 Ritter Street in San Rafael, have entered into a Memorandum of Understanding dated August 15, 2016 (the “MOU”) in which they agreed to cooperate to affect certain operational changes at the Ritter Center in an effort to mitigate certain perceived adverse impacts of the Ritter Center’s operations on persons and businesses in the City’s downtown area; and WHEREAS, pursuant to the MOU, the City is working with the Ritter Center to provide shower services at a location other than Ritter Center’s offices at 16 Ritter Street, San Rafael, and the City has undertaken the lead role in identifying such alternative shower services; and WHEREAS, in furtherance of those efforts, City staff has worked with Downtown Streets Team and other community partners to develop a program meeting the Ritter Center’s comparability standard of service by developing a countywide, mobile shower program; and WHEREAS, the City has purchased two mobile shower trailers for the implementation of a county-wide mobile shower program; and WHEREAS, the San Rafael Police Department has a pickup truck that can be used for the implementation of a county-wide mobile shower program. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby approves and authorizes the City Manager to lease two mobile shower trailers and a pickup truck to the Downtown Streets Team for the implementation of the Marin Mobile Care mobile shower program, with a lease form to be approved by the City Attorney; and 2 BE IT FURTHER RESOLVED, that the City Council hereby approves and authorizes a contribution to the Downtown Streets Team in the amount of $17,000 to fulfill the remaining capital requirements of the Marin Mobile Care mobile shower program. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the 6th day of November, 2017, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk STAFF REPORT APPROVAL ROUTING SLIP Staff Report Author: Andrew Hening Date of Meeting: 11/06/2017 Department: City Manager Topic: Mobile Showers Subject: RESOLUTION AUTHORIZING THE CITY MANAGER TO LEASE TWO MOBILE SHOWER TRAILERS AND A PICKUP TRUCK TO DOWNTOWN STREETS TEAM FOR THE IMPLEMENTATION OF THE MARIN MOBILE CARE MOBILE SHOWER PROGRAM Type: (check all that apply) ☒ Consent Calendar ☐ Public Hearing ☐ Discussion Item ☒ Resolution ☐ Ordinance ☐ Professional Services Agreement ☐ Informational Report *If PSA, City Attorney approval is required prior to start of staff report approval process Was agenda item publicly noticed? ☐ Yes ☐No Date noticed: ☐Mailed ☐Site posted ☐Marin IJ Due Date Responsibility Description Completed Date Initial / Comment DEPARTMENT REVIEW FRIDAY noon 10/13 Director Director approves staff report is ready for ACM, City Attorney & Finance review. 10/16/2017 ☒ AH CONTENT REVIEW MONDAY morning 10/16 Assistant City Manager City Attorney Finance ACM, City Attorney & Finance will review items, make edits using track changes and ask questions using comments. Items will be returned to the author by end of day Wednesday. Click here to enter a date. 10/25/2017 10/19/2017 ☐ ☒ LG ☒ VB/MM email sent DEPARTMENT REVISIONS FRIDAY noon 10/20 Author Author revises the report based on comments receives and produces a final version (all track changes and comments removed) by Friday at noon. 10/23/2017 ☒ AH (Incorporated comments from finance) ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL MONDAY morning 10/30 Assistant City Manager City Attorney Finance ACM, City Attorney & Finance will check to see their comments were adequately addressed and sign-off for the City Manager to conduct the final review. Click here to enter a date. 10/31/2017 Click here to enter a date. ☐ ☒ LG ☐ TUES noon 10/31 City Manager Final review and approval 10/31/2017 ☒ JS