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HomeMy WebLinkAboutNEIGHBORWORKS ORANGE COUNTYINSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: JUN 0 6 2019 AGREEMENT TO PROVIDE BICYCLE AND PEDESTRIAN SAFETY OUTREACH SERVICES A-2019-032 THIS AGREEMENT is made and entered into this 19th day of February, 2019, by and between Neighborhood housing Services of Orange County, Inc. dba NeighborWorks Orange County, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. The Santa Ana Public Works Agency was awarded a $50,000 grant from the State of California Office of Traffic Safety (OTS) for a program to address bicycle and pedestrian safety through a seizes of bicycle safety education workshops and events. The goal of the program is to reduce the number of persons killed or injured I n collisions involving bicycles. Ii. On November 9, 2018, the City issued Request for Proposal No. 18-100, by which it sought a consultant to provide such a program, C. Consultant submitted a responsive proposal that was selected by City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-100, D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will beperforrned in compliance with such standards as mayreasonablybe expected from aprofossional consulting firm inthe field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide bicycle and pedestrian safety education services that are described in Exhibit A to this Agreement and incorporated by reference as though fully set -forth herein. Consultant may provide such services through the community - based coalition known as "Santa Ana Active Streets" (SAAS). 2. COMPENSATION a. City agrees to pay and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $50,000. b, Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Page 1 of 10 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM The term of this Agreement shall commence on the date stated above and continue through February 18, 2020, unless earlier terminated as set forth in Section 14, below. 4. INDEPENDENT CONTRACTOR Consultant shall during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Consultant performs the services required by this Agreement. However, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF REPORTS AND DOCUMENTS Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained wider the terns of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on their use. Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. 6. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information.. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available Page 2 of 10 7 Ell 9. 10. 11. sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by theparty waiving the breach, failure, right or remedy. No waiver of anybreach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. PROFESSIONAL LICENSES Consultant shall, throughout the term ofthis Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement, Consultant affirms that it is an equal opporti pity employer and shall comply with all applicable federal, state and local laws and regulations. CONFLICT OFINTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in anymanner with performance of services. INSURANCE Prior to undertaking performance of work maintain and shall require its subcontractors, as described below: Page 3 of 10 under this Agreement, Consultant shall if any, to obtain and maintain insurance a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the perfonnance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation. Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $'1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City, (iii) Certificates and policies shall state that the 'policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City, (iv) Consultant shall supply City with a fully executed additional insured endorsement. Page 4 of 10 f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and, is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. a INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property darmage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) frorn any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for darnages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 5 of 10 P.O, Box 1989 Santa Ana, CA 92702-1988 Copiesto: Public Works Agency-ExecutiveDirector City Hall -Ross Annex -4th Floor 20 Civic Center Plaza (M-21) SantaAna, California 92702 To Consultant: NeighborWorks Orange County 128 E. Katella Avenue, Suite 200 Orange, CA 92867 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, t he Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. Consultant shall perform all requirements Linder this Agreement in strict observance and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. b. Consultant warrants that the performance of services under this Agreement shall be compliant with the current requirements of the Highway Safety a -ant Management Manual and as it maybe amended orupdated throughout the term of this Agreement. Page 6 of 10 c. Consultant certifies that it shall comply with the following regulations, as required by the State of California Office of Traffic Safety; d Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and/or their duly authorized representatives for a period of four (4) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. e. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant fiords or other persons or agencies. f. Section 504 of the Rehabilitation Act of 1973 - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. g. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. h. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". i. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub -recipients) will comply with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as Page 7 of 10 amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CPR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CPR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. j. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Executive Order 11246 of September 24, 1965, entitled 'Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CPR chapter 60), as applicable, k. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CPR Part 3), as applicable, 1. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Davis -Bacon Act (40 U.S,C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable. in. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable. n. Consultant, and all its contractors (or sub -recipients) will comply with all applicable standards, orders or requirements issued under s e ction 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CPR part 15), as applicable. o. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Energy Policy and Conservation Act (Pub, L. 94-163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. Page 8 of 10 P. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Department of Housing and Urban Development, Community Development Block Grant Regulatory Code 24 CPR Part 570. q. Consultant agrees that the State of California Office of Traffic Safety shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. r. Consultant may not copyright any books, publications or other materials developed in the course of or under this Agreement. The federal awarding agency, State Administrative Agency (SAA) and City reserve any rights to copyright, reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA or City purpose any work developed through this Agreement. 16. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attaohments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 17. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assigmnerrt, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, Interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by Page 9 of 10 reason of this Agreement. 19. FINES The Consultant shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to Consultant provided services. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: NORMA MITRE. _ :--- Acting Clerk of the 1-oinen APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By; JonN M. FUNK Assistant City Attorney FOR APPROVAL: FUAD �.VEISS, PE, PLS Executi.�ve rector Public Wor Agency CITY OF SANTA ANA 6E.�_ .yf KRISTINE RIDGE City Manager Page 10 of 10 ) U0III wolri �U EXHIBIT A Task 1: Conduct Family Cycling Education Classes SAAS will four (4) family cycling education classes in the City of Santa Ana. At least two (2) of these classes will be available in Spanish. All classes will be taught by two certified League Cycling Instructors (LCls). SAAS-affiliated instructors with LCI certification will lead most classes, with partnering LCIs called in as needed. The City of Santa Ana is considered a very young City with more than 1/3 of residents under the age of 18. Past programs that focused on youth and adult separately have presented a challenge for families that were unable to take the course together and build their skills together. The class will merge the traditional Traffic Skills curriculum developed by the League of American Bicyclists with the basic skills taught to youth in a bike rodeo. The target population for students are families that seek to ride as a family and give them confidence to begin riding a bicycle together. The class will help students master riding in a straight line, balancing, and shifting gears. It will emphasize starting and stopping, dodging hazards, scanning and signaling, as well as turning and yielding. Riders will learn the rules of the road for entering traffic at intersections and riding in the street. The class is designed to increase bicyclist's safety awareness of common car/bike collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the Importance of helmet use when riding a bicycle. This class covers bicyclist rules of the road, basic principles of bicycling in traffic, common hazards encountered by bicyclists and how to deal with them, simple steps to ensure your bike is in good condition, and proper helmet fit and adjustment. Likewise, the rights and responsibilities of cyclists are embedded throughout the classroom and on -bike instruction to help Increase the number of cyclists riding safely and legally. Each participant will receive a certificate of completion upon mastering the course. This reinforces pride and confidence in what they have learned. The on -bike training will consist of a family group riding exercise where participants will have the opportunity to test their new skills in a fun, safe, and family friendly setting. SAAS will organize the logistics of securing the spaces for instruction. SAAS will also conduct the outreach necessary to fill each class. Outreach will include in -person interaction, phone calls, flyers in both English and Spanish, social media, website, and email marketing. At the completion of each class, the instructors will survey the participants to learn lessons about what was done well and what could be improved for future classes. Survey results will be incorporated into the final report. Task 1 Deliverables: • Four (4) family cycling education classes; at least two (2) of these taught in Spanish • Distribution of helmets and light sets to class participants • Surveys collected from class participants and instructors Task 2: Procure Supplies and Conduct "ILuces Vivasl" Events SAAS will organize and conduct seven nighttime distributions of bicycle lights, reflective material, and bicycle helmets to passing bicycle riders who are lacking these items. SAAS will procure 1,000 helmets and 1,000 sets of bicycle lights that meet the OTS Buy America requirements, along with additional reflective materials. It is expected that 50.100 light sets and/or helmets will be distributed at each event, depending on expected bicyclist and pedestrian volume. Our goal will be to distribute all the lights and helmets allocated for each event. ILuces Vivas! members will stop people who are riding bikes or walking without lights In order to give them front and rear lights (which can be worn on shoes or belts of pedestrians) along with an information "spoke card" that explains the law for riding at night as well as tips they should know for night-time safety. The spoke cards are printed in English and Spanish and ILuces Vivas! will Include at least a few members who speak Spanish (as well as female members to encourage female riders to stop). Additionally, cyclists who are not wearing helmets will be fitted and provided a helmet. SAAS, in partnership with the City and community partners, will organize ILuces Vivasl to meet for seven (7) street distributions at undisclosed locations throughout Santa Ana where night- time bicycle ridership and pedestrian activity is expected to be high and where the City has seen a history of incidents involving bicyclists and pedestrians at night. Each distribution will last two hours or until all supplies are exhausted (approximately 100 of each item, depending on expected turnout per location). At least 2 SAAS staff members plus additional volunteers will be present at each distribution to intercept riders and show them how to properly use the safety items. Additional informational handouts will be distributed during these events, and riders will be able to sign up for our Family Cycling Education classes. Deliverable: • Seven (7) "iLuces Vivas!" street distributions of lights, helmets, and reflective materials, distributing approximately 50-100 helmets and pairs of bicycle lights and other materials at each event. Task 3 Conduct Pedestrian and Bicycle Traffic Safety Fairs SAAS will conduct four (4) pedestrian and bicycle traffic safety fairs. Each Traffic Safety Fair will teach participants how to safely, efficiently, and confidently interact with the roadway and traffic. These traffic safety fairs will cover everything from using the different intersection devices, bicycling in the roadway, bicycle safety inspections, and helmet fit. SAAS will use a combination of traffic simulations and hands-on training to teach participants how to make safe decisions while walking or riding within the roadway. SAAS will coordinate the execution of these events in appropriate areas of local public parks and/or school grounds. Age -appropriate bicycles will be made available for youth that do not have their bicycle with them. Students that complete both the pedestrian and bicycle section will receive a free helmet and lights. Task 3 Deliverable: • Four (4) Pedestrian and Bicycle Traffic Safety Fairs 0 'C EN momm::C: I,t ■■■®■■�■ ■ ■■ ■■ ■■■ n) ® ■LIMIN ■®■ ®■■ ■ MMEN �.■I ■.■ E■■ ■ �II.■■ .■ s■■■■ M■■■■■■■■.■■ ■ NI ■ ME .■■ ■ ■ m■ m■■■ OMMOOMMOMMEME i ;L®■E®■ . ®M ■ 'MEMO ®■WOMEN �i.■■ ■■■■ Man' WISHEMMEM.o■ lMMMzMMMMMMMM s� MM ■MM ■■■ am min min 0 ..........■■■ :::: NNE .... ■mi ®■�■C a .■■.■■■ ■ C. .■■■■l■■..NCI ill ' ✓1: EXHIBIT B NeighborWorks Orange County c/o Santa Ana Active Streets 128 E Katella Ave Orange, CA 92867 Description $ per Quantity Total zc, ;RS�.? `a"s�R�,�a "OWN,`_E~vP„� Ra,�$y1iJIj:Yj`��ai `I A �rtuO4�WTM�G��Lt{Fie��I�gi�l`IC Y?��tiyf��5�p}�yGl�}:s�e�ys, ViG�tJ_f �IPV 3���lv /EPl}r*.F fl cti �i ig Srt j' A �v ' .}S MJya�M; yr�k y� V '� '� U i '�'+ � Y 9>1r'P" '(..9} � ✓u1 �[ 9{{Xu :' i t'C"^ N 1 4�" Y. 3 qq rpYf O.NTw� • E'fisdt ...,,) � � $t �i�rrt w°. ;�.W�Y �,E uw'✓,,O a� t� 4�' F�ntif~""�,y{ ,-N'"'.�':{d✓f ���.ca,;Y.d ,x ri�Fe 1 Total: $50,000.00 Client#: 433769 NEIGHHOUSI4 DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 6/20/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Rose King Marsh & McLennan Agency LLC PA��'�; E>< ; 858-587-7521 ac. M: 858-909-9840 Marsh & McLennan Ins. Agency LLC EOORESB: rose.king[dmarshmma.com PO Box 85638 INSURERS AFFORDING COVERAGE NAIC # San Diego, CA 92186 INSURER A: Philadelphia Indemnity Insurance Co. 118058 INSURED Neighborhood Housing Services of Orange County, Inc. dba NeighborWorks Orange 128 E. Katella Avenue, Ste 200 Orange, CA 92867 INSURER B : INSURER C INSURER D INSURER E INSURER F: COVER GES C-ERTIFIroTE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT TYPE OF INSURANCE ADDL INSRp UHR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDWYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X PHPK1979946 5/14/2019 05/14/2020 EACH OCCURRENCE $1 000 000 PRAEEMA T DENTED ce $1 OOO OOO CLAIMS -MADE _X OCCUR MED EXP (Any one arson) $ 20 OOO PERSONAL & ADV INJURY $1 000 000 I GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s3,000,000 PRODUCTS -COMP/OP AGG s3,000,060 PRO- POLICY ❑ JECT LOC OTHER: $ A AUTOMOBILE LIABILITY PHPK1979946 5/14/2019 05/141202 M"Ip'3 d 1"tGLE Llnarr 110001000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY ROPERTY DAMAGE Per aa;ldent $ $ A X UMBRELLA LIAB X OCCUR PHUB675424 511412019 05/14/2020 EACH OCCURRENCE $1 O 00O 000 AGGREGATE $1 O OOO 000 EXCESS LIAB CLAIMS -MADE DFD I X RETENTIONS10000 $ WORKERS COMPENSATION PER OTH- ANO EMPLOYERS' LIABILITY ANY PROPRIMRIPARTNER/EXECUTIVE Y / N OFFICERIMEMilER EXCLUDED? (Mandnlory In NH) N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below PHPK1979946 5/114/21119�05/14/2020 E.L. DISEASE -POLICY LIMIT $ $1,000,000 Each Claim A Professional Liability $3,000,000 Aggregate Occurence Form DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Bicycle Safety Education Services; Agreement No. A-2019-032 General Liability additional insured includes City of Santa Ana, its officers, employees, agents, volunteers and representatives. Such insurance as afforded by the general liability policy shall be primary, and any insurance carried by the City shall be excess and noncontributory. 30 Day prior written notice of cancellation shall be provided to the City, except 10 day notice in event of nonpayment. CERTIFfCATE HOLDER CANCELLATION Cityof Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE )VP rf THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ED Yo ACCORDANCE WITH THE POLICY PROVISIONS, 20 Civic Center Plaza 7j Santa Ana, CA 92702 ( AUTHORIZED REPRESENTATIVE Risk Manageitlent blv(s! r a _ )ri . e&.v I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4194329/M4134937 WSRMK INSURED: Neighborhood Housing Services of Orange POLICY #: PHPK1979946 POLICY PERIOD: 05/14/2019 TO 05/14/2020 COMMERCIAL GENERAL LIABILITY CG 20 28 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CC- %n x ne 41 (cl Inci iranra Rarvirac nffira Inr. '7n1 Paae 1 of 1 CERTHOLDER COPY SP P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-f5-2018 CITY OF SANTA ANA SP 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 GROUP: POLICY NUMBER: 9088955-2018 CERTIFICATE ID: 7 CERTIFICATE EXPIRES: 09-30-2019 09-30-2018/09-30-2019 This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated, This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance Is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein, Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-30-2013 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER NEIGHBORHOOD HOUSING SERVICES OF 0 C AND INC (A NON-PROFIT CORP) 128 E KATELLA AVE STE 200 ORANGE CA 928B7 [ __l vy I—" RIMMED BY: ISCM,CNI ment Divlslon IREV.7.20141 PRI E : 10-15-2018 REVIEWED BY:AAA EUNICE HEREDIA (PG CH j Client#: 433769 NEIGHHOUSI4 DATE (MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 6/20/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Rose King Marsh & McLennan Agency LLC PA��'�; E>< ; 858-587-7521 ac. M: 858-909-9840 Marsh & McLennan Ins. Agency LLC EOORESB: rose.king[dmarshmma.com PO Box 85638 INSURERS AFFORDING COVERAGE NAIC # San Diego, CA 92186 INSURER A: Philadelphia Indemnity Insurance Co. 118058 INSURED Neighborhood Housing Services of Orange County, Inc. dba NeighborWorks Orange 128 E. Katella Avenue, Ste 200 Orange, CA 92867 INSURER B : INSURER C INSURER D INSURER E INSURER F: COVER GES C-ERTIFIroTE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT TYPE OF INSURANCE ADDL INSRp UHR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDWYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X PHPK1979946 5/14/2019 05/14/2020 EACH OCCURRENCE $1 000 000 PRAEEMA T DENTED ce $1 OOO OOO CLAIMS -MADE _X OCCUR MED EXP (Any one arson) $ 20 OOO PERSONAL & ADV INJURY $1 000 000 I GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s3,000,000 PRODUCTS -COMP/OP AGG s3,000,060 PRO- POLICY ❑ JECT LOC OTHER: $ A AUTOMOBILE LIABILITY PHPK1979946 5/14/2019 05/141202 M"Ip'3 d 1"tGLE Llnarr 110001000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY ROPERTY DAMAGE Per aa;ldent $ $ A X UMBRELLA LIAB X OCCUR PHUB675424 511412019 05/14/2020 EACH OCCURRENCE $1 O 00O 000 AGGREGATE $1 O OOO 000 EXCESS LIAB CLAIMS -MADE DFD I X RETENTIONS10000 $ WORKERS COMPENSATION PER OTH- ANO EMPLOYERS' LIABILITY ANY PROPRIMRIPARTNER/EXECUTIVE Y / N OFFICERIMEMilER EXCLUDED? (Mandnlory In NH) N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below PHPK1979946 5/114/21119�05/14/2020 E.L. DISEASE -POLICY LIMIT $ $1,000,000 Each Claim A Professional Liability $3,000,000 Aggregate Occurence Form DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Bicycle Safety Education Services; Agreement No. A-2019-032 General Liability additional insured includes City of Santa Ana, its officers, employees, agents, volunteers and representatives. Such insurance as afforded by the general liability policy shall be primary, and any insurance carried by the City shall be excess and noncontributory. 30 Day prior written notice of cancellation shall be provided to the City, except 10 day notice in event of nonpayment. CERTIFfCATE HOLDER CANCELLATION Cityof Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE )VP rf THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ED Yo ACCORDANCE WITH THE POLICY PROVISIONS, 20 Civic Center Plaza 7j Santa Ana, CA 92702 ( AUTHORIZED REPRESENTATIVE Risk Manageitlent blv(s! r a _ )ri . e&.v I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4194329/M4134937 WSRMK INSURED: Neighborhood Housing Services of Orange POLICY #: PHPK1979946 POLICY PERIOD: 05/14/2019 TO 05/14/2020 COMMERCIAL GENERAL LIABILITY CG 20 28 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CC- %n x ne 41 (cl Inci iranra Rarvirac nffira Inr. '7n1 Paae 1 of 1 CERTHOLDER COPY SP P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-f5-2018 CITY OF SANTA ANA SP 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 GROUP: POLICY NUMBER: 9088955-2018 CERTIFICATE ID: 7 CERTIFICATE EXPIRES: 09-30-2019 09-30-2018/09-30-2019 This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated, This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance Is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein, Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-30-2013 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER NEIGHBORHOOD HOUSING SERVICES OF 0 C AND INC (A NON-PROFIT CORP) 128 E KATELLA AVE STE 200 ORANGE CA 928B7 [ __l vy I—" RIMMED BY: ISCM,CNI ment Divlslon IREV.7.20141 PRI E : 10-15-2018 REVIEWED BY:AAA EUNICE HEREDIA (PG CH j