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HomeMy WebLinkAboutSOCIAL AND ENVIRONMENTAL ENTREPRENEURS 1INSURANCE NOT REQUIRED WORK tegy PpripFrq (-'L # ,� _'%loll ► ATIE.. y -/,' March 29, 2016 Jennifer Hoffinan, Executive Director Social and Environmental Entrepreneurs 23532 Calabasas Road, Suite A Calabasas, CA 91302 Re: Community Bicycle Services Dear Jennifer Hoffinan : This letter shall be our Agreement regarding the Community Bicycle Services ("Services") to be provided by Social and Environmental Entrepreneurs -The Bicycle 'Tree ("Contractor") to the City of Santa Ana ("City"), for programs entitled "Wheels of Possibility" and "Pop -Up Bicycle Repair Workshop" ("Programs"), as more specifically described on Exhibit A. The Programs shall be scheduled at dates and times mutually agreed upon by the Parties. The term of this Agreement shall be from April Is`, 2016 to March 31st, 2017. Contractor shall perform all. Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws, rules and regulations. Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses, and approvals shall be maintained throughout the term of this Agreement. City retains Contractor as an independent contractor and not as an employee. All personnel performing the Services shall not be City employees and at all times shall be under the exclusive control and direction of Contractor. Compensation for the Services shall be based on the rates and charges identified on Exhibit A. Unless expressly agreed in writing in advance by the City, the cost to the City for the Services shall not exceed $3,000. Contractor shall provide proof of commercial general liability, automobile insurance, and workers' compensation insurance appropriate to the Services to the City in amounts and with policies, endorsements and conditions required by the City for the Services, if any. Invoices shall be submitted to the City monthly for performance of the Services. Contractor shall provide, at City's request, documentation of all charges contained in any invoice(s). City shall review and pay the approved charges on such invoices in a timely manner. The City may terminate this Agreement at any time with or without cause. If the City finds it necessary to terminate this Agreement without cause before Program completion, Contractor shall be paid in full for those Services completed to the City's satisfaction prior to the notification of termination. Contractor may terminate this Agreement for cause only, following a minimum of ten (10) days notice stating the basis for termination and providing an opportunity to cure. Letter of Agreement — Social and Environmental Entrepreneurs - The Bicycle Tree March 29, 2016 Page 2 The Services to be performed by Contractor are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on the Contactors' performance of the Services hereunder, and no right to assert a claim against the Contractor by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Contractor's Services hereunder. This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein and supersedes any amd all other agreements, oral or written, between the parties. This Agreement may be amended only in writing signed by both parties, may not be assigned except with the City's prior consent, and shall be governed by the laws of the State of California. Venue for any dispute resolution shall be in Orange County, California. If you agree with the terms of this Letter of Agreement, please sign and return this agreement. The enclosed copy of the agreement is for your records. If you have any questions, please contact Manuel Escamilla, the City's representative for the Programs, at (714) 647-5209. CIT1Y OF SANTA ANA David Cavazos City Manager H -z6- /6 Date [N -0 -MIN � rte• �/ Maria D. Huizar Clerk of Council CONTRACTOR Jenni ffman Executi Director Xi Date APPROVED AS TO FORM fi J M. Funk Assistant City Attorney Contractor Paul Nagel Executive Director Bicycle Tree Community Bicycle Services ("Wheels of Possibility" and "Pop -Up Bicycle Repair Workshops") Exhibit A Descriptions, Definitions, and Budgets Wheels of Possibility Overview: The Bicycle Tree refurbishes donated used bicycles that are then given to clients of Santa Ana nonprofit shelters and low-income assistance programs. The recipient of each adult bicycle will receive a new helmet, U lock, and front and rear lights. Each youth bicycle will include a helmet and cable lock. The Bicycle Tree may provide assistance with fitting bicycles to their riders and may provide ongoing maintenance assistance, bike safety information, and other services at The Bicycle Tree's discretion and at no additional cost to the City. Goals: To provide people with limited means of mobility a low-cost transportation option that opens up possibilities that might otherwise be out of reach. Supplementary accessories are included to better ensure the safety of operating the bicycle and prevent theft of the bike. Details: The Bicycle Tree will donate functional, refurbished used bicycles and new accessories to clients of Santa Ana nonprofit shelters and assistance programs. Each nonprofit will provide a letter confirming each donation, and these letters will be included with any invoices submitted to the City. The Citywill reimburse Social and Environmental Entrepreneurs -The Bicycle Tree for donated bikes and accessories at the rates shown in Table 1. Both parties may mutually agree to changes in these rates based on alterations to the costs of supplies. A youth bicycle shall be defined as a bicycle specifically designed for riders under the age of 10, often equipped with a single -speed drivetrain and a coaster brake. Both youth and adult bicycles shall be in good repair, fit the intended rider, shall have at least one functioning brake, and shall have reflectors compliant with the California Vehicle Code. Table 1. Agreed rates for bud et items Budget Item Rate Adult bicycle $55.00 Youth bicycle $20.00 Helmet $9.00 U lock $12.00 Cable lock $7.00 Lights (pair, front and rear $7.00 Below in Table 2 is a list of some eligible organizations that may accept bicycles on behalf of their clients. Additional organizations may qualify as long as they area registered 501(c)3 nonprofit and they serve economically -distressed clients who live in Santa Ana. Any additions to the this list of eligible organizations will require that a written notification is sent to the City of Santa Ana's program representative identified in the attached agreement. Table 2. List of qualifying nonprofits servingSanta Ana resident clients Organization Name Address Phone number and/or website Mercy -House P.O. Box 1905 (714) 836-7188 Santa Ana, CA 92702 mercyhouse.net WISEPlace 1411 N. Broadway (714) 542-3577 Santa Ana, CA 92706 wiseplace.org The Salvation Army 10200 Pioneer Road (714) 832-7100 Tustin, CA 92782 salvationannyoc.org The Orangewood Foundation 1575 E. 17th Street (714) 619-0200 Santa Ana CA 92705 orange woodfoundation.o 19036 Stonehurst Lane Build Futures Huntington Beach, CA http://buildfutures.org 92648 Taller San Jose 801 N Broadway, Santa (714) 543-5105 Ana, CA 92701 1 tsjhopebuilders.org/ Our Father's Table PO Box 634 (949) 324-0908 San Clemente, CA 92674 http://www.outfathentableus.oT,/ Pop -Up Bicycle Repair Workshops Overview: The Bicycle Tree sets up pop-up bicycle repair workshops at which participants are able to learn about bicycle maintenance while we guide them through a checkup and quick tune-up of their bikes. Participation is hands-on to facilitate greater understanding of how the bike functions. Goals: To identify mechanical problems and other issues detracting from the bicycle's usefulness, repair what we are able to under the circumstances, and teach bicycle owners about how their bikes work and should be maintained. Details: We will setup our workstation at up to two City of Santa Ana -sponsored events during the funding period. We will be present throughout the duration of the event. As appropriate, at least one Bicycle Tree staff member who speaks Spanish will be available throughout the event. Any member of the public attending the event who brings their bike will be able to have their bike checked out and any issues explained to them. As time, materials, and tools at hand permit, we will perform basic maintenance on participants' bikes. Participants will participate in executing the repairs. Table 3. Pop-up Bicycle Repair Workshop Rates Budget item Rate Set-up and breakdown fee $100.00 per event Staffing $20.00 per hour of event Bicycle parts, supplies, and materials $15.00 per event Qualifying events: City -sponsored events, particularly those coordinated by the City's Parks, Recreation, and Community Services Agency, qualify for this program. These events may include, but are not limited to: the Dia del Nino, the Plaza Wellness 5k, Fiestas Patrias, and SOMOS. Requests for the participation of the Bicycle Tree at qualifying events can be initiated by either party. The City and the Contractor shall mutually agree upon the Contractor's participation in each event.