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Home My WebLink AboutCC Resolution 14378 (Purchase Mobile Shower Trailers)RESOLUTION NO. 14378 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO PURCHASE TWO MOBILE SHOWER UNITS FROM PORTABLE RESTROOM TRAILERS, LCC IN AN AMOUNT NOT TO EXCEED $120,000 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 effect 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 needs to purchase two mobile shower trailers in order for Downtown Streets Team to provide 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 execute, on behalf of the City of San Rafael, an agreement, in an amount not to exceed $120,000, for the purchase of two mobile shower units from Portable Restroom Trailers, LLC, in a form to be approved by the City Attorney; and BE IT FURTHER RESOLVED, that this purchase will be supported by funds provided by the Buck Family Foundation and transferred to the Homeless Initiative Program and which are 1 being appropriated in the fiscal year 2017-2018 budget; and BE IT FURTHER RESOLVED, that the City Council hereby waives competitive bidding with respect to this agreement, pursuant to San Rafael Municipal Code Section 2.55.070(D), based on a limited product supply and previously conducted due diligence. 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 21St day of August, 2017, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin 2 � s g"A ESTHER C. BEIRNE, City Clerk PORTAW RESTROOM TR, KERS, LLC obile-Resiroom Trailers Account Owner: RON GERINO Whatever Your Event, We Have the Right Solution! Phone: 1-877-600-86454Email: info (a) Dortablerestroomtrailers.comb www. oortablerestroomtrailers. com BILL OF SALE: (2) NEW 2017 CA. COMPLIANT ADA + 2 COMBINATION RESTROOM/SHOWER TRAILERS--GFI OUTLETS DATE: 8/24/2017 VIN: TBD VIN: TBD Unit # CH337569 Buyer: City of San Rafael Mailing Address: PO Box 151560 San Rafael, CA 94915 PRICE: $47,374 ea. $94,748 frt. not incl. FREIGHT QUOTE: $8,560 Fed Tax ID# Delivery Address: 111 Morphew Street San Rafael, CA 94901 The (2) New 2017 CA. Compliant ADA + 2 Combination Restroom/Shower Portable Trailers VIN: TBD and TBD are being transferred upon payment in full from Portable Restroom Trailers LLC to: City of San Rafael Contact's Email Address: andrew.hening@cityofsanrafael.org Delivery Contact: Andrew Hening Contact's Phone Number: 415-485-3055 The verified signed Bill of Sale is a letter of intent and requires funding in full to complete a sale. This Bill of Sale expires (without deposit or purchase order) after 72 hours. The new units have a 5 -year limited trailer manufacturer warranty on the trailer frame and axles and a 2 -year limited warranty on the trailers as a whole. Sealant, electrical components, hydraulics, hoses, wall coverings, trim and paint are warranted for 1 year, and 1-3 year warranty on Individual appliances. Registration details are provided by their individual appliance manufacturers and are located in the component binder located in the mechanics room on the backside of the trailers. The sale is subject to the following conditions and representations: Full payment from the Buyer is to take place prior to the removal from the Seller's property. The Seller warrants to Buyer that the units are new and in good condition. Orders will be placed within 48 hours following signed custom build confirmation. Date of delivery and timeline will be confirmed upon order. This supersedes any Purchase Order dates. Seller reserves the right to showcase the Buyer's solution in their marketing materials (including, but not limited to the Company website). Manufacturer's Statement of Origin will be provided by mail, to present to local jurisdiction to obtain title and plates. The Buyer is responsible for ALL State and Local Jurisdiction Taxes. y � Purchaser Signature:, Printed:,Iim Schutz, City Date: U Aao Manager I Seller: rei-GIPaho-m Portable Restroo railers LLC Printed: Teri Pahon Date: 8-24-17 6428 W Wilkinson Blvd 4607 Charlotte Hwy 1135 W. Western Reserve Rd. Suite #141 Suite #11 Suite #B PMB 102 Belmont, NC 28012 Lake Wylie, SC 29710 Youngstown, OH 44514 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: Portable Restroom Trailers Contractor's Contact: Ron Gerino Contact's Email: ron@portablerestroomtrailers.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A b. Email contract (in Word) & attachments to City AH Atty c/o Laraine.Gittens@cityofsanrafael.org Nx 2 City Attorney a. Review, revise, and comment on draft agreement ❑X and return to Project Manager N/A ❑x 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 N/A ❑x contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement ❑ N/A AH agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract> $125,000 8/21/2017 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 agreementf 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) N/A_ Sil! ' 8 City Manager/ Mayor Agreement executed by Council authorized official -) 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager 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 J. Nibbi and Janet L. Nibbi, Trustees of the Leonard J. 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 Center 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 J. 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 currently 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 Clients. 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 alfa, that Ritter was in full compliance with the CUP and that the City lacked Page 1 of 11 12574336.112573926.1 OAK #4845-2649-7842 v I 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 Parties 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. INCORPORATION 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 CERTAIN 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 terms set forth below in Subsection (B). Page 2 of 11 12574336.112573926.1 OAK #4845-2649-7842 v 1 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 MOU. 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 Pantrv. 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 portions 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 party (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 Page 3 of 11 12574336.112573926.1 OAK M4845-2649-7842 v I 1 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 parties), 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 Timiniz for Imnlementine 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. (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(13)(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 support for these efforts. (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(13)(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 4of11 12574336.112573926.1 OAK #4845-2649-7842 v I (ii) Negotiation with Third Partv 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 arrangemcnt(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 party 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. Page 5 of 11 12574336.112573926.1 OAK #4845-2649-7842 v 1 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 Autonomv. 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 RELOCATED 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 Party 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. Citv'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 OMITTEDI D. Exclusive Remedies for Ritter's Default. In the event of an uncured default by Ritter, the sole and exclusive remedy shall be to file suit for specific performance to enforce this MOU. E. Exclusive Remedies for the Citv's Default. In the event of an uncured default by the City, the sole 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. JINTENTIONALLY OMITTED] Page 6 of 11 12574336.112573926.1 OAK #4845-2649-7842 v I G. No Damages. None of the Parties 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 MOU. 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 MOU 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 Rafael, 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 Atha: City Manager Tel: (415) 485-3070 Owners: Resardina 12 Ritter St. (APN 011-272-12) Richard Bottarini Bonnie Bottarini 806 University Street Healdsburg, CA 95448-3749 Reeardina 16 Ritter Street (APN 011-272-04) Rep-ardinp- 16 Ritter Street (APN 011-272-04) Leonard J Nibbi and Janet L Nibbi, Trustees Karen M. Brovelli, Trustee of the Karen Marie Leonard J. Nibbi and Janet L. Nibbi Brovelli Revocable Trust Revocable Trust 1012 Los Gamos Rd., Apt. F 1 182 Lea Drive San Rafael, CA 94903 Novato, CA 94945-3356 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. Page 7of11 12574336.112573926.1 OAK #4845-2649-7842 v1 I 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 perform 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. I No Third Party Beneficiaries. The Parties acknowledge and agree that there are no intended or unintended third party beneficiaries of this MOU. [Signatures on following pages] Page 8 of 11 12574336.1 125 73 926.1 OAK 94845-2649-7842 v1 I IN WITNESS WHEREOF, the parties hereto have executed this MOU on the date first written above. CITY OF SA RATs,Mayor municipal corporation By: Gary . P it By: _ / , �61 Kate Colin, Vice -Mayor By. lt�% Maribeth Bushey, Councilmember By: - J(chutLz,C M. nager ATTEST: By: c - gx.. Esther C. Beirne, City Clerk APPROVED AS TO FORM: By:"'` 1 � Rob E -- stein, Cit P Y orneY [Ritter's and Owners' signatures on following pages] Page 9 of 11 1514336.113573936.1 OAK #4845-2649-7843 v I I THE RITTER CENTER, a California non-profit corporation [Owners' signatures on following page] Page 10 of 11 12574336.112573926.1 OAK #4845-2649-7842 v11 06095-0009 OWNERS: By: I Aj; Richard Bottarini, 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. Leonard J. Nibbi, Trustee of the Leonard J. Nibbi and Janet L. Nibbi 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. 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. 12574336.112573926.1 OAK #4845-2649-7842 vl 1 06095-0009 i By: . ;ll MG/ �{ V Bonnie Bottarini, 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. By: Janet L. Nibbi, Trustee of the Leonard J. Nibbi and Janet L. Nibbi Revocable Trust, Owner of 16 Ritter Street Lm Page 11 of 11 Executed and entered for the sole purpose of Section 6, which sets forth the Owners' only obligations under this MOU. Alma Addax 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. OWNERS: LI Richard Bottarini, 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. Leonard J. Nibbi, Trustee of the Leonard J. Nibbi and Janet L. Nibbi 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. Zn . 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 12574336.112573926.1 OAK #4845-2649-7842 v I I Bonnie Bottarini, 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. /Tanet L. Nibbi, Trustee of the Leonard J. ,Nibbi and Janet L. Nibbi 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. Alma Adda Brovelli, 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. PORTAME RESTROOM TYRARERS, LLQ ob-fle Restroom Trailers City Of San Rafael- ADA +2 Combo - CA ADA Standards -San Rafael CA 94901 -8108117 Prepared For Diane Doubleday City of San Rafael dianeldoubleday@gmail.com Created By Ron Gerino Portable Restroom Trailers, LLC ron@portablerestroomtrailers.com PORTA IL RESTROOM TRADERS, LLC Mobile Restroom Trailers City Of San Rafael- ADA +2 Combo - CA ADA Standards -San Rafael CA 94901 -8/08/17 Portable Restroom Trailers, LLC Overview Your Premium Source for New & Used Restroom Trailers! Thank you for your interest in Portable Restroom Trailers! We provide you with only the best restroom units and shower trailers, built by the top manufacturers of restroom trailers. Count on us to provide you with the best new and used portable restroom solutions. Introduction Hello, Diane I am sure that you will be impressed with the quality of our accommodations. Our world-class logistics team has extensive experience processing and delivering high-quality products to international locations. I will follow-up with you shortly to answer any questions pertaining to this custom quote. **Quote good until 08/31/17. Please allow 6-12 weeks for production from date of deposit. PORTABLE RESTROOM TRADERS, LLC Mobile Restroom Trailers City Of San Rafael- ADA +2 Combo - CA ADA Standards -San Rafael CA 94901 -8/08/17 Classic Series ADA +2 Shower/Restroom Combo *Meets CA ADA Standards Features: • Length: 22 ft. • (2) Standard Unisex Suites with Shower, Corner Sink, and Pedal Flush Toilets • (1) ADA Unisex Suite with ADA Shower, ADA Sink, ADA Toilet, and Grab Rails • Air Conditioning and Heat Strips • Powered Vent/Skylights with Vent Cover • Paper Towel and Toilet Paper Dispensers in Each Suite • 300 Gallon Waste Tank • Pedal Flush China Toilets • 135 Gallon Fresh Water Tank • Air Conditioning and Heat Strips • Wash down Package (aluminum interior trim caulked along bottom so walls can be scrubbed) • Vinyl Flooring • Lowering trailer with fold up ramp on rear (wheelchair access). One Button Execution • Utility room with door • (3) Exterior lights • LPG On Demand Water Heater • Dual 20# Propane Tanks Mounted on Tongue 19 6 4 L PORTAME RESTROOM TRADERS, LLC Mobile Restroom Trailers City Of San Rafael- ADA +2 Combo - CA ADA Standards -San Rafael CA 94901 -8/08/17 Pricing Trailer(s) Name/Description Price Qty Subtotal optional ❑ Classis Series ADA +2 $46,894.00 2 Shower/Restroom Combo (CA ADA Standards) 22' Length, 300 gallon waste tank, large 135 gallon water tank, standard interior, lowering trailer $93,788.00 with fold up ramp on rear. $47,494 per trailer when buying 1, $46,894 per trailer when buying 2 ($600 per trailer savings when buying 2) optional ❑ GFI Protected Outlets - per trailer $480.00 1 $480.00 1 Outlet in each Suite Subtotal: Services Name/Description Price Qty I Subtotal optional ❑ Freight -Approximate $4,280.00 / Per 2 Service $8,560.00 t$428Opproximate per trailer to 94901 ($100 per trailer credit when buying 2) Signed by: City of San Rafael 4 Subtotal: Total cost: Date PORTA IL RESTROOM TRADERS, LLC Mobile Restroom Trailers marin mobile care Main Contact: Andrew Hening, Director of Homeless Planning & Outreach, City of San Rafael andrew.hening@)citvofsanrafael.org 1 415.485.3055 (office) 1 804.615.9695 (cell) The City of San Rafael is applying for this grant on behalf of Downtown Streets Team. Proiect Information: Project Name: Marin Mobile Care — Mobile Showers Downtown Streets Team EIN: 20-5242330 Website: www.streetsteam.org Marin Phone Number: 408-334-4757 Marin Address: 532 Fourth Street, San Rafael, CA 94901 Main Address: 1671 The Alameda #306, San Jose, CA 95126 Executive Director: Eileen Richardson I Eileen(@streetsteam.orR 1 2. Project Narrative The Challenge Simply put, Marin County lacks adequate basic hygiene services for people experiencing homelessness. The only dedicated shower service in Marin County is located at the Ritter Center in Downtown San Rafael, even though over half of Marin's homeless community lives outside of San Rafael. The Ritter Center provides upwards of 300 showers per week, and based on surveying done in the summer of 2016, we know approximately 115 unique individuals use that service for an average of 2.6 showers per week. With over 800+ unsheltered homeless people in Marin County based on the 2015 Homeless Point -in -Time Count (the most recent data we have), that means only 15% of the unsheltered community has regular access to shower services. For those homeless adults, youth, families, and Veterans who are unable to access reliable shower services, the only alternative is "bird -bathing" (cleaning one's self in public bathrooms), washing in creeks, the Bay, or other naturally occurring water sources, spending limited income on expensive gym or sport club memberships, or simply going without. The Solution Communities throughout the country - and particularly in the Bay Area - are learning that mobile showers are an incredibly effective and innovative way to meet this need. Versus traditional, costly infrastructure investments that rarely meet full demand, mobile showers are extremely affordable and easily scalable. Mobile services can go to where people actually are, versus making people waste limited time and financial resources traveling to services. Lastly, by providing access for a limited period of time, community impacts are dramatically reduced. In the fall of 2016 a group of stakeholders (detailed in Section 4) began meeting to discuss the feasibility of launching a mobile shower program in Marin. Bay Area nonprofits like Lava Mae, Dignity on Wheels, and Catholic Charities — Sonoma County have launched their own mobile shower efforts, but based on tremendous pre-existing demand for expansion, none of these programs were able to scale their operations into Marin. As a result, our community working group began looking at the feasibility of creating a grassroots program. In thinking about a possible vendor, everyone agreed Downtown Streets Team (DST) would be an outstanding choice. 2 Downtown Streets Team DST is ending homelessness through the dignity of work. Team Members participate in a volunteer work experience program that provides great value to partnered non -profits, local governments, corporate sponsors, environmental groups and the greater community. In exchange, Team Members earn food/basic needs assistance, housing search assistance, housing/shelter placement, case management, transportation assistance, Job Search Skills classes, employment placement, and more; all while rebuilding their dignity and rejoining society. DST launched its Marin County branch, its first outside of Santa Clara County, in the summer of 2013. During that time, the program's success has been featured in three front-page stories in the Marin Independent Journal, and earlier this year, DST received the Excellence in Innovation Award at the Center for Volunteer and Nonprofit Leadership's (CVNL) Heart of Marin Awards Ceremony. Since its start in Marin, 70 Team Members have secured employment and 37 Team Members have secured housing. With such a tremendous track record and brand in our local community, with experience running social enterprises in Santa Clara County, and with established partnerships with multiple mobile shower providers in Santa Clara Country and San Francisco, DST checked all of the boxes our community working group was looking for a vendor. Operations The community working group fully vetted three mobile shower vendors on price, California ADA compliance, customer reviews, and product specs. After reviewing all of our options, the working group is seeking to purchase two, 3 -stall units from Portable Restroom Trailers, LLC (each unit has one California ADA compliant unit, so we'll have two ADA stalls of six total). The City of San Rafael will be purchasing the units (to avoid nearly $10,000 in additional sales tax) and will then transfer title to DST for $1. Each of the shower units weighs approximately 7,000 lbs with an empty 300 gallon waste water tank; even with full waste -water, the weight will allow for Class C licensed drivers. In addition to the shower units themselves, the community working group is seeking to acquire two pickup trucks that can each tow 10,000 lbs, 7000W generators for on-site power creation, and laundry facilities. With the required capital in place, DST will operate the mobile showers as a social enterprise program. They will staff the program by hiring former Team Members at living wages. Each unit will have one FTE at all times; additional support will be provided by Team Members -in - training and community volunteers. Staff will drive the units, setup and shutdown sites (including cleaning the perimeter), transport waste as needed, greet guests, enforce rules, 3 provide outreach and referrals to other programs/services, and maintain the shower units. Each shower unit can be operated for two, 3 -hour sessions every day — 6 days per week (up to 24 total sessions per week). Guests will have 20 minutes for their shower (that includes undressing, showering, grooming, and redressing), which means each shower session can accommodate roughly 27 showers (648 showers per week). Guests will be required to make appointments for showers (new guests can be accommodated as needed), and basic rules of conduct will be enforced, especially around loitering (currently assembling best practices). Impact In terms of impact, the mobile shower program will increase current shower capacity by over 100%. Moreover, 90%+ of shower clients will be input into the County of Marin's new Coordinated Entry system. DST will also work to make sure the showers improve clients' Medi - Cal enrollment rates, engagement with job and housing search, and quality of life. 3. Project Financing There are two major phases of financing the Marin Mobile Care Mobile Shower project. First, our stakeholder group is looking to secure funding for the upfront capital requirements (specific capital requirements detailed in Section 2 and Section 5). All -in, the mobile shower capital requirements total $160,000. The San Rafael Police Department is donating a pickup truck to the project (valued at $20,000), and our partners in Novato (the Novato Rotary Club and Quest Church) are financing the purchase of a second pickup truck, again valued at $20,000. Given these partner commitments, to be able to move forward with this project, the community working group is respectfully seeking $120,000 from the Buck Family Fund's Capital Grants Program. It will take approximately three months for the shower units to arrive after an order is placed. The ongoing operating costs will be $175,650. In 2015 every city in Marin and the County of Marin committed to creating and supporting the "Community Homeless Fund." The Community Homeless Fund was primarily created to support the REST Program, which is our community's rotating winter shelter program. There has been an annual surplus of $70,000 in the Community Homeless Fund after REST's program expenses have been covered. We have been working with the Marin County Council of Councilmembers & Mayors (MCCMC) Homeless Subcommittee, the group responsible for administering the Community Homeless Fund, to earmark the FY16-17 and FY17-18 surpluses for the mobile shower's first year of operation ($140,000 total). The Community Homeless Fund is up for renewal beginning FY18-19. For the remaining $35,000, the City of San Rafael and Downtown Streets Team are working in partnership to raise money from the business and healthcare communities (we already have 4 official commitment from EO Products). That money will be raised by the time the shower units arrive. 4. Project Support Marin Mobile Care is the result of multiple stakeholder groups merging independent efforts to create a mobile shower program in Marin. First, in the fall of 2016, the City of San Rafael entered into a Memorandum of Understanding with the Ritter Center, which stated that the Ritter Center would cease providing certain services if the City helped establish comparable services elsewhere in the community. The City had created a group of local service providers and community members to launch the "Put Your Change to Work" panhandling campaign, and once that program launched, the stakeholders shifted their attention to showers. Concurrent to the Ritter Center and Put Your Change to Work efforts, Downtown Streets Team had been in discussions with the City of Novato and the County of Marin on expanding its work experience program to Novato, which has historically had a relatively underserved homeless community. Through initial outreach in the summer and fall of 2016, Downtown Streets Team realized that the majority of the people they were connecting with lacked any regular access to mobile showers. Simultaneously in Novato, the Novato Rotary and Quest Church, a host site for the REST program, had identified a need for shower services in Novato the previous winter and launched its own stakeholder group and fundraising effort in early 2016. All three efforts merged in December of 2016. Over the following four months, the working group created the outline for the project detailed above. Equally importantly, the working group continued to reach out and bring more stakeholders to the table. The City of San Rafael and the County of Marin have been engaging the Marin Managers Association (city managers from every city in Marin) and MCCMC (electeds from every city in Marin). The working group has included representatives from the Marin City Health and Wellness Center in Southern Marin. As originally envisioned by Quest, the mobile shower program is an incredible opportunity to engage community volunteers. Our group is working with Marin Organizing Committee to engage their 11,000+ countywide REST supporters and volunteers to similarly volunteer with and support the mobile shower efforts. Lastly, and most importantly, through DST's Team Members, as well as the Ritter Center's Client Advisory Board, the working group has been designing the program to best support the needs and desires of the homeless community itself. There has been tremendous support for not only expanding capacity but also finally taking services to where people actually are. 5 5. Attachments Attachment 1- Mobile Showers Capital Budget Capital Costs Pickup Truck #1 Pickup Truck #2 MobileShowe rUnits Generators Washer& Dryers Advertising Wraps Permits TBD Capital Costs SRP❑ $20,000 Donated by SIR P❑ ($20k value) TBD $20,000 Working on donation ($20k value) PortableTraIIers,LLC $102,000 Two, 3-staIICAADAcompliantunits Home Depot $8,000 Honda EU7000IS Sears $5,000 2-3 washer/dryer bundles Fastsigns $5,000 Cities ❑fOperation $0 Waived 0 Attachment 2 - Showers Operating Budget Operating Costs Staffing Staff person 1 @ $15/hr DST $31,200 Staff person 2 @ $15 K. DST $31,200 Staff person 3 @ $15 DST $31,200 Benefits (@ 15%) DST $21,528.00 Vehicle Gas/maintenance $15,000 .IRS($0.54/mile);$16.2 daily RTfrom SRtoSausalito; 313 days ($10,141) + $4,859 reserve Insurance $4,000 Estimate Supplies Soap & Toiletries EO $0 Commitment from EO ProductstG supplytoiletdes Towels TSD $0 Provided through sponsorshipswith local hotels Laundry Service TBD $0 Provided as a work experience opportunityat DST Misc 'Mise $1,000 Sh owe r cu rta i ns, tras can liners, mops, etc. Insurance General Liability Insurance TBD $5,000 Estimate Fees Disposal Fees TBD $2,50D Comped if possible Waste Pickup Fees TBD $2,50D Comped if possible Inputs Power TBD $2,500 Comped if possible; need propane as well Water TBD $2,500 Comped if possible Subtotal $150,128 Mr,Mt @ 17% $25,521.76 7 Attachment 3 - Downtown Streets Team Marin FY17-18 Projected Budget Downtown Streets Team FY17-18 Projected Budget Expenses Staff Project Director Benefits Project Manager Benefits Employment Specialist Benefits Case Manager Benefits Subtotal Marin Mobile Care Operations Mobile Pantry Mobile Showers Team Members Vouchers ($520Q per slot) San Rafael (75 = 20 downtown + 5 Davidson) Novato (5) Admin (insurance, occupancv, travel, etc.) Total Costs $77,500 $16,675 $60,000 $13,800 $55,000 $12,650 $55,000 $12,650 $298,275 $2D,066 $175,00Q $13Q,GGQ $26,06D $5D,66D $699,275 0 Attachment 4 — Pictures from Existing Mobile Shower Programs 0 [IDIGNRYi aON WH.z � � `� '•IuR��A ti. 7 e i a; 0 Attachment 5 — Design Proposal for Marin Mobile Care — Mobile Showers 10