HomeMy WebLinkAboutA3722 - GARCIA-SINCLAIR ELECTRIC BICYCLE PROGRAM BIKE r Neil Garcia-Sinclair
Electric Bicycle Program
Consultant
AGREEMENT #3722
CITY OF PALM SPRINGS M05828, 10-16-96
CONTRACT SERVICES AGREEMENT FOR
ELECTRIC BICYCLE PROGRAM CONSULTANT
/ T-%/.HIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into
this —"""day of kie-, , 19?iq by and between the CITY OF PALM SPRINGS, a municipal
corporation(herein "City")and Neil Garcia-Sinclair(herein"Contractor"). (The term Contractor includes
professionals performing in a consulting capacity). (AB2766 ELECTRIC BICYCLE GRANT PROGRAM)
(Agreement No. 3722, approved by City Council on October 16, 1996 by Minute Order No.5828).
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of this
Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached
hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services
set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions,statutes,rules,and regulations of the City and any
Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost
and expense such licenses, permits and approvals as may be required by law for the performance of the
services required by this Agreement.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor
shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B"
and incorporated herein by this reference, but not exceeding the maximum contract amount of Twenty
Thousand Dollars ($20,000.00)("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the terms of
this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Neil Garcia-Sinclair is hereby designated as being
the principal and representative of Contractor authorized to act in its behalf with respect to the work and
services specified herein and make all decisions in connection therewith.
3.2 Contract Officer. Robert L. Mohler is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services specified herein
FS2\276\099999-3000\2022693 2 m08/22/95
Rmi,cd 09/01/98 t
AN43JO ^�ra'r?E.E1fs ld�°
and make all decisions in connection therewith("Contract Officer"). The City Manager of City shall have
the right to designate another Contract Officer by providing written notice to Contractor.
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract
with any entity to perform in whole or in part the work or services required hereunder without the express
written approval of the City. Neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of City. Any such
prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which Contractor, its agents or employees, perform the
services required herein, except as otherwise set forth. Contractor shall perform all services required
herein as an independent contractor of City and shall remain under only such obligations as are consistent
with that role. Contractor shall not at any Eime or in any manner represent that it or any of its agents or
employees are agents or employees of City.
4.0 INSURANCE AND INDEMNIFICATION
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement including any
extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per occurrence basis in an amount not less than either (i)
a combined single limit of$1,000,000.00 or (ii)bodily injury limits of$500,000.00 per person,
$1,000,000.00 per occurrence and$1,000,000.00 products and completed operations and property
damage limits of$500,000.00 per occurrence. If the Contract Sum is greater than$500,000.00,
the policy of insurance shall be in an amount not less than$5,000,000.00 combined single limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for both the Contractor and the City against any
loss, claim or damage arising from any injuries or occupational diseases occurring to any worker
employed by or any persons retained by the Contractor in the course of carrying out the work or
services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than either (i) bodily injury
liability limits of$500,000.00 per person and$1,000,000.00 per occurrence and property damage
liability limits of$250,000.00 per occurrence and$500,000.00 in the aggregate or (ii) combined
single limit liability of$1.000,000.00. Said policy shall include coverage for owned, non-owned,
leased and hired cars.
(d) Additional Insurance: Policies of such other insurance, including Professional
Liability Insurance, as may be required in the Scope of Services, Exhibit "A".
All of the above policies of insurance shall be primary insurance and shall name the City, its
officers, employees and agents as additional insureds, except that the City shall not be named as an
P52\276\099999-300 M2693.2 .09/22/95
RM,M 09/01/99
-2-
additional insured for the Worker's Compenstation Insurance nor the Professional Liability Insurance. The
insurer shall waive all rights of subrogation and contribution it may have against the City, its officers,
employees and agents and their respective insurers. All of said policies of insurance shall provide that said
insurance may not be amended or canceled without providing thirty (30) days prior written notice by
registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor
shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section
4.1 to the Contract Officer. No work or services under this Agreement shall commence until the
Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing
the above insurance coverages and said Certificates of Insurance or binders are approved by the City.
The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in
any way the extent to which the Contractor may be held responsible for the payment of damages to any
persons or property resulting from the Contractor's activities or the activities of any person or persons for
which the Contractor is otherwise responsible.
The insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide,
The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or
better, unless such requirements are waived by the City Manager or designee of the City due to unique
circumstances.
4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any and all actions, suits,
claims,damages to persons or property,losses,costs,penalties,obligations,errors,omissions or liabilities,
including paying any legal costs, attorneys fees, or paying any judgment(herein "claims or liabilities")that
may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent
performance of the work or services of Contractor, its agents, employees, subcontractors, or invitees,
provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising
from Contractor's negligent performance of or failure to perform any term,provision covenant or condition
of this Agreement, but excluding such claims or liabilities to the extent caused by the negligence or willful
misconduct of the City.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this
Agreement shall continue in full force until completion of ELECTRIC BICYCLE FINAL REPORT by
contractor. (Estimate February, 1999 completion).
5.2 Termination Prior to Expiration of Term. Either party may terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other parry.
Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services
hereunder except as may be specifically approved by the Contract Officer. In the event of termination by
the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness
of the notice of termination and for such additional services specifically authorized by the Contract Officer
and City shall be entitled to reimbursement;For any compensation paid in excess of the services rendered.
PS2\2/6\099999-3000@022693 2 .08122/95
Revisal 09/01/98
-3-
6.0 MISCELLANEOUS
6.1 Covenant Aeainst Discrimination. Contractor covenants that, by and for itself, its
heirs, executors, assigns and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color, creed,
religion, sex,marital status, national origin, or ancestry in the performance of this Agreement. Contractor
shall take affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, marital status, national origin or
ancestry.
6.2 Non-liability of City Officers and Employees. No officer or employee of the City
shall be personally liable to the Contractor, or any successor in interest, in the event of any default or
breach by the City or for any amount which may become due to the Contractor or to its successor, or for
breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give
any third party any money or other consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person shall be
in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the
City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743,
Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated
on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed for or against either party by reason of the
authorship of this Agreement or any other rule of construction which might otherwise apply.
6.6 Inte¢ration: Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and
all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and
none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared
as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid
provision is so material that its invalidity deprives either party of the basic benefit of their bargain or
renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A
PS2MMN9999-3"U022693.2 m08/22/95
Rcvmed 09/01/98
-4-
party's consent to or approval of any act by the other party requiring the party's consent or approval shall
not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent
act. Any waiver by either party of any default must be in writing and shalt not be a waiver of any other
default concerning the same or any other provision of this Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend
or made a party to any action or proceeding in any way connected with this Agreement, the prevailing
party in such action or proceeding, in addition to any other relief which may be granted,whether.legal or
equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment.
6.10 Corporate Authorint. The persons executing this Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party,(iii)by so executing this Agreement, such party
is formally hound to the provisions of this Agreement, and(iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound.
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date
first written above.
CITY OF PALM SPRINGS,
ATTEST: a municipal orportion
;City Manager
City Clerk
(Check one: Individual _Partnership
APPROVED AS 'TO FORM: Corporation)
CONTRACTOR:
\-city Attorney
Signature (Notarizjed) r' It
Print Name & Title
FT, CRAIG D. FASSIO
W �, ^`Yxy COMA#1116B3D
�,-� :; uotsmeliet�c-auFora�I� m By:
MyCtxnnE�Feiti-tfloo0'.'I Signature (Notarized)
Print Name & Title
(Corporations roquirtt two signatures: One from each of the
Following; A. Chairman of Board. President, auy Vice
President: AND E. Socretary. Assistam Secretary, '—
Treasurer-AssiseuuTYcasurer,or Chid Financial Offictr). Mailing Address: Neil Garcia-Sinclair
P.O. BOX 791
Alameda, CA. 94501
(END OF SIGNATURES)
P•52�8]W09'N9�-JaIXR2P'2G93.3 mOb22/95 p�pq� 9,p�y
fuse N.'RO'VED B l—- •'P
RcvscA 09101/o8
EXHIBIT "A"
SCOPE OF SERVICES
See Exhibits "A-1" & "A-2" (attached) listing TASKS required of contractor, City and other
contractor/suppliers as part of the agreement with the South Coast Air Quality Management District
(SCAQMD) and their Mobile Source Air Pollution Reduction Review Committee (MSRC), who
funded an AB2766 Grant in 1996 in the amount of $71,000 to the City for the "ELECTRIC
BICYCLE DEMONSTRATION PROGRAM". The above referenced funding agreement with
SCAQMD was approved by City Council on October 16, 1996 (Agreement #3721- Minute Order
#5828).
The $71,000 SCAQMD Grant was broken into three primary elements:
* $20,000 to Neil Garcia-Sinclair for Consultant Duties on Tasks: 4, 4.1, 4.2 and 5 of SCAQMD
and MSRC Agreement:
- Task 4-USER SURVEYS ( Provide surveys for intake, tracking and debriefing of bike riders)
- Task 4.1- INFORMATIONAL QUESTIONNAIRE (Detailed demographic form for bikers)
- Task 4.2- TRAFFIC SURVEYS (Bi-monthly surveys of riders commuter & intermodal use).
- Task 5- PROGRAM ANALYSIS (Analyze program costs vs. air quality- prepare Final Report)
* 30,000 applied to the purchase of Thirty (30) Electric Bicycles (from 4 different manufacturers).
(Not a portion of Neil Garcia- Sinclair Tasks- To be handled by City Procurement Dept.).
* $21,000 for the installation of Two (2) Solar Charging Stations for the electric bicycles.
(Not a portion of Neil Garcia- Sinclair Tasks- Separate contract with Sun Utility Network Co.).
The agreement with Neil Garcia- Sinclair was approved by City Council on October 16, 1996-
(Agreement#3722,Minute Order#5828-approving$20,000 consultant contract)-See Exhibit "A-3".
Attachments:
EXHIBIT "A-1" & "A-2" (Pages 3 &4 of SCAQMD funding agreement-Tasks 4, 4.1, 4.2, 5)-2 pgs.
EXHIBIT "A-3" (Minute Order #5828)- 1 pg.
PS2\276\099999-3000\2022693 2 .0922/95
Revised 09/01/98 EXHIBIT "A"
SCOPE OF SERVICES
STANDARD CONTRACT
Attachment 2 - Statement of Work (continued)
Contract Number AB 2766197013
radio and television, newspapers and magazines. CONTRACTOR shall design,
produce and distribute an informational booklet regarding the program for
distribution.
Sunline Transit Agency shall create and install on-board bus advertising and bus
shelter advertising of the program, include the ad and coupon in the SunBus
Magazine, and integrate the program information in SunLine's outreach program.
Deliverable: Pahn Springs information booklet, monthly progress report per task 6,
summary of events, and informational materials
Task 3.1. - Leasing
The CONTRACTOR shall lease the thirty electric bicycles on a monthly trial basis
to members of the public over a twelve month period. This will allow 360 people to
ride them in a commute mode to and from work for a month. The electric bicycles
will be leased for a thirty (30) day period. Participants will be required to place a
$30 a refundable deposit which will be returned at the end of the 30 day period.
Lessees will be required to sign a statement of good health and eyesight, be least 18
years old and accept responsibility for care of the bicycles. The users will fill out
surveys at both the beginning and end of the use period (this information will be
used for later analysis. Lessees will be provide a training session by the
manufacturer and sign for written instructions.
Deliverable: Monthly progress report per task 6.
�J Task 4 - User Surveys
CONTRACTOR shall create user surveys for intake, tracking and debriefing.
Survey bicycle use in Palm Springs by traffic count and secure bicycle use
information from Sunline Transit Agency.
—� Task 4.1 - Informational Questionnaire
Prior to receiving the Electric Bicycle each qualified user shall fill out a
questionnaire asking for user age, gender, income and residence. Information will
be requested regarding users knowledge and attitude about electric vehicles,
pollution, and commuting habits.
The user will also be required to complete surveys during the demonstration phase
and another survey upon completion of demonstration. CONTRACTOR shall
compile survey data and summarize in the Final Report.
EXHIBIT "A-I"
3
STANDARD CONTRACT
Attachment 2 - Statement of Work (continued)
Contract Number AB 2766197013
Users surveys will be available to the DISTRICT upon request.
Deliverable: Monthly progress report per task 6.
Task 4.2 - Traffic Surveys
CONTRACTOR shall perform bi-nionthly traffic surveys. Usage will be examined
from the standpoint of commuter use and intermodal use. Recommendations will
be made for future program changes which could increase project success.
Deliverable: Monthly progress report per task 6.
Task 5 - Program Analysis
Upon completion of demonstration phase CONTRACTOR shall:
• Compare results and cost of this program to other bicycle demonstration
programs.
• Analyze consumer opinions of products compared to non-electric bicycles.
• Analyze corridor constraints that could limit the program effectiveness i.e. lane
width, street traffic volume, (lack of bikeway interconnections, bottlenecks,
roadway surface conditions, aesthetics and local demographics, climate and
geography in terms of their impact on the program.
• Calculate the ultimate commuter and intermodal potential locally and regionally
based on the program results. Include alternative assumptions based on the
recommendations included in this analysis.
• .Extract conclusions on overall program success including economics, congestion,
and pollution impacts, cost-effectiveness and recommendations for the future.
These results will be included in the Final Report.
Deliverable: Monthly progress report per task 6, Create PSA's information booklet
summary of events and program analysis report
CONTRACTOR shall supervise and monitor Subcontractor with all
efforts/responsibilities under tasks 4 and 5 and submit monthly progress reports
detailing steps in task 6 regarding monthly reporting.
Task 6 - Program Management and Reporting
CONTRACTOR shall be responsible for coordination of activities including all the
entities involved in this program.
EXHIBIT "A-2"
4
MINUTE ORDER NO. 5828
APPROVING FUNDING AGREEMENT NO. A13-
2766/960 WTTH THE MOBILE SOURCE AIR
POLLUTION REDUCTION COMMITTEE
(MSRC) IN THE AMOUNT OF $71,000 AND
CONSULTING AGREEMENT IN THE AMOUNT
OF $20,000 WITH NEIL GARCIA SINCLAIR
FOR THE ELECTRIC BICYCLE
DEMONSTRATION PROGRAM, AN AB-2766
GRANT, CITY PROJECT NO. 96-06.
- - - - - - - - - - - - -
I HEREBY CERTIFY that this Minute Order approving funding Agreement No.
AB-2766/960 with the Mobile Source Air Pollution Reduction Committee
(MSRC) in the amount of $71,000 and consulting agreement in the amount of
$20,000 with Neil Garcia Sinclair for the electric bicycle demonstration program,
an AB-2766 Grant, City Project 96-06, was approved by the City Council of the
City of Palm Springs, California in a meeting there of held on the 16th day of
October, 1996.
JUDITH SUMICH
City Clerk
EXHIBIT "A-3"
EXHIBIT "B"
SCHEDULE OF COMPENSATION
See Exhibit "B-1" (attached) indicating contractor costs totaling Twenty Thousand Dollars ($20,000)
for following tasks listed in funding agreement with the South Coast Air Quality Management District
(SCAQMD):
TASKS 4, 4.1 & 4.2- (User Surveys/ Informational Questionnaire/ Traffic Surveys)= $12,480
TASK 5- (Program Analysis and Final Report)= $7,520
(Contractor costs based on estimated 500 Hours at $40 per hour)
Completion Date: February 28, 1999
Attachment: EXHIBIT "B-1" (Pg. 6 of SCAQMD funding agreement-titled "Cost Schedule")- I pg.
F5212961099999-3000M22693.2 mOM2/95
RevI,M 09/O1198 EXHIBIT "B"
SCHEDULE OF COMPENSATION
STANDARD CONTRACT
Attachment 3 - Cost Schedule
Contract Number AB 2766197013
Direct Labor Rate Task Task Task Task Task Task AB 2766 Total Total
1 2 3 4 5 6 Funding Co-Fundin
Labor Category En Amount R" Amount
Grant Mgr. (r,im same) $42 70 60 50 60 60 150 450 $14,900 $14,900
Purchasing (tmmsai�) $28 60 60 S 1,680 $ 1,680
Public Rel. (eilmSpnng) $28 220 220 $ 6,160 $ 6,160
Assistant(um sail $28 20 20 20 20 20 50 150 $ 4,200 $ 4,200
Economic Dev. (ram sort.,) $28 180 100 280 $ 7,840 $ 7,840
Marketing (smm,eTnnQ $72 40 40 $ 2,880 $ 2,880
Subtotal Direct Labor $0.0 $0.00 $41,660 $41,660
0
Other Direct Costs Units Task Task Task Task Task AB 2766 Total Total
1 2 3 4 6 Funding Co-Funding
Materials/Hardware
Electric Bicycles 30 $1,000 $30,000 $30,000
Solar Charging Stations 2 $10,500 $21,000 $21,000
Subtotal Materials/Hardware $30,000 $21,000 $51,000 $0.00 $51,000
Other Costs Task Task Task Task Task Task AB 2766 Total Total
1 2 3 4 5 6 Fundin Co-Fundin
Sunline Transit Agency $10,500 $10,500 $10,500
Sun Utility Network(SUN) $8,000 $ 8,000 $ 8,000
Subtotal Other Costs 1 $8,000 $10,500 $18,500 $18,500
Subcontractor Rate Task Task Task Task Task Task AB 2766 Total Total
1 2 3 4 5 6 Funding Co-Fundin
Neil Garcia-Sinclair $40 3l2 188 tr�s Amount H. Amount
Subtotal Subcontractor Costs $12,4So $
7,520 500 $20,000 $0.00 $0.00 $20,000
Total AB 2766 Costs $ 71,000
Total Co-Funding Costs $ 60,160
Total Program Costs $131,160
6 EXHIBIT "B-1 t'