HomeMy WebLinkAboutSOCIAL AND ENVIRONMENTAL ENTREPRENEURS 1INSURANCE NOT REQUIRED
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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
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Maria D. Huizar
Clerk of Council
CONTRACTOR
Jenni ffman
Executi Director
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APPROVED AS TO FORM
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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.