HomeMy WebLinkAbout20C - AA - PED AND BIKE SAFETYREQUEST FOR
COUNCIL ACTION_
CITY COUNCIL MEETING DATE: -�' CLERK OF COUNCIL USE ONLY:
NOVEMBER 19, 2019
TITLE: APPROVED
APPROVE AN APPROPRIATION ❑ As Recommended
ADJUSTMENT, AUTHORIZE AN ❑ As Amended
A ❑ Ordinance on 1st Reading
AGREEMENT WITH THE STATE OF
❑ Ordinance on 2nd Reading
CALIFORNIA OFFICE OF TRAFFIC ❑ Implementing Resolution
SAFETY FOR PEDESTRIAN AND BICYCLE ❑ Set Public Hearing For
SAFETY PROGRAM FUNDS NOT TO
EXCEED $100,000, AND AUTHORIZE AN
AGREEMENT WITH CHARITABLE
VENTURES IN AN AMOUNT NOT TO
EXCEED $100,000
{STRATEGIC PLAN NO. 1, 313}
CONTINUED TO
/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Approve an appropriation adjustment to recognize Office of Traffic Safety Pedestrian and
Bicycle Safety grant funds in the amount of $100,000 in the OTS-PWA Traffic Safety Grants,
Federal Grant -Indirect revenue account and appropriate the same amount to the OTS-Bicycle
Safety PWA, Improvements Other Than Building expenditure account.
2. Authorize the City Manager to execute a one-year agreement, PS20034, with the State of
California Office of Traffic Safety for Pedestrian and Bicycle Safety Program funds in an amount
not to exceed $100,000, for a one-year period from October 1, 2019, through September 30,
2020 (timeframe consistent with the Grant Cycle), subject to non -substantive changes approved
by the City Manager and City Attorney.
3. Authorize the City Manager to execute an agreement with Charitable Ventures (a fiscal sponsor
for Santa Ana Active Streets) to provide bicycle safety education services, for a one-year period
from November 19, 2019, through November 18, 2020, in an amount not to exceed $100,000,
subject to non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Santa Ana Public Works Agency partnered with Santa Ana Active Streets (SAAS) and
California Walks (Cal Walks) to develop a custom Pedestrian and Bicycle Safety Program
(Program) for the City of Santa Ana. The Program was submitted by the Public Works Agency in
partnership with SAAS and Cal Walks to the State of California Office of Traffic Safety (OTS) and
Agreement for Pedestrian and Bicycle Safety Program
November 19, 2019
Page 2
has been awarded a $100,000 grant. These funds will be used to address pedestrian and bicycle
safety through a series of safety education workshops and events.
The goal of the grant program is to reduce the number of deaths and injuries in traffic collisions
involving bicycles and pedestrians. This bilingual education program is intended to reach all
members of the community. It will include a series of comprehensive workshops; some of the
workshops consist of educating adults about traffic safety and others consist of educating youth
about bicycle safety and maintenance. At the end of the adult series, community members will
recommend improvements for the Public Works Agency to pursue future grant funds. At the end of
the youth series, community youth will earn the bicycle that they repaired and maintained in the
classes.
Additionally, the program includes family -friendly bicycle safety skills classes taught by League of
American Bicyclists Certified Instructors, and a variety of other benefits, such as access to nighttime
lights and helmets that are distributed to the community at safety equipment distribution events
targeting pedestrians and bicyclists, equipment demonstration events, and youth pedestrian and
bicycle traffic safety fairs at community events. All tasks outlined in the Program scope of work will
be delivered directly by SAAS and by Cal Walks as a sub -consultant to SAAS.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective #3
(Promote fiscal accountability to ensure financial responsibility at all levels of the organization),
Strategy B (Promote ongoing efforts to obtain grant funding for activities that will assist in
preventing, enforcing and reducing criminal activity and traffic collisions).
FISCAL IMPACT
Approval of the requested Appropriation Adjustment will recognize Office of Traffic Safety
Pedestrian and Bicycle Safety grant funds in the amount of $100,000 in the OTS-PWA Traffic
Safety Grants, Federal Grant -Indirect revenue account (No. 16517002-52001) and appropriate the
same amount to the OTS-Bicycle Safety PWA, Improvements Other Than Building expenditure
account (No. 16517611-66220) for expenditure as follows:
Accounting
Accounting Unit —Account
Fiscal Year
Unit —
Fund Description
No. Description
Amount
Account No.
16517611-
OTS-Bicycle Safety PWA —
FY 2019-20
66220
Office of Safety Grant
Improvements Other Than
$80,000
Building
16517611-
OTS-Bicycle Safety PWA —
FY 2020-21
66220
Office of Safety Grant
Improvements Other Than
$20,000
Building
TOTAL:
$100,000
Agreement for Pedestrian and Bicycle Safety Program
November 19, 2019
Page 2
APPROVED AS TO FUNDS AND ACCOUNTS:
Fuad S. Sweiss, PE, PLS Kathryn Downs, CPA
Executive Director Executive Director
Public Works Agency Finance and Management Services Agency
EWG
Exhibits: 1. Grant Agreement with the State of California Office of Traffic Safety
2. Agreement with Charitable Ventures (a fiscal sponsor for Santa Ana Active Streets)
State of California— Office of Traffic Safety
GRANT AGREENIENT
EXHIBIT 1
GRANT NUM1tRER
PS20034
1. GRANT TITLE
Pedestrian and Bicycle Safety Program
2. NAME OF AGENCY
3. Crant Period
Santa Ana
From: 10/01/2019
4. AGENCY UNI'E roADMINIS'FERGRAN'I
Santa Ana Public Works Agency
To: 09/30/2020
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving
pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events,
presentations, and workshops. These countermeasures should be conducted in communities with high numbers of
pedestrian and/or bicycle related collisions including underserved communities, older adults, and school -aged children.
Coordinated efforts such as Safe Routes to School initiatives, Vision Zero campaigns, and working with community
based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non -motorized road users.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $100,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this
reference made a part of the Agreement:
• Schedule A— Problem Statement, Goals and Objectives and Method of Procedure
• ScheduleB— Detailed Budget Estimate and Sub -Budget Estimate (if applicable)
• Schedule B- I — Budget Narrative and Sub -Budget Narrative (if applicable)
• Exhibit A— Certifications and Assurances
• Exhibit B*— OTS Grant Program Manual
*items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page wider Grants: www.ots.ca.Qov.
Wc, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we arc duly
authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR
B. AUTHORIZING OFFICIAL OF AGENCY
NAME: Zed Kekula PHONE: (714) 647-5606
NAME: Kristine Ridge PllOVE: (714) 647-5200
TITLE: Senior Civil Engineer FAx: (714) 647-5616
TITLE: City Manager F_,ci.
ADDRESS: 20 Civic Center Plaza
ADDRESS: 20 Civic Center Plaza
Santa Ana, CA 92702
Santa Ana, CA 92702
EMAIL: zkekula(c&rsanta-ana.org
E-MAIL: kridge(wsanta-ana.org
(Signature) (Date)
(Signature) (Date)
C. F1sCAL OR ACCOUNTING OFFICIAL
D. AUT110R1ZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME: Kathryn Downs PHONE (714) 647-5420
NAME: Randy Weissman PHONE (916) 509-3030
TITLE: Executive Director of FAA: (714) 647-6956
Finance & Management
TITLE: Acting Director FAx: (916) 509-30S5
Services
ADDRESS: 20 Civic Center Plaza M-17
ADDRESS: 2208 Larsen Drive Suite 300
Santa Ana, CA 92702
Elk Grove, CA 95758
EMAIL: kdoays(asanta-ana.org
EMAIL: randy.weissman(gots.ca.gov
(Signature) (Date)
(Signature) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY
9, DUNS INFORMATION
DUNS #: 083153247
NAME: Carolyn vu
ADDREss: 2208 Kausen Drive, Suite 000
REGISTERED ADDRESS: 20 Civic Center Plaza Santa Ana,
Elk Grove, CA 95758
CA 92701-4058
CITY:City of Santa Ana
Zip+4:92701-4058
10. PROJECTED EXPENDITURES
PROJECTED
FUND
CFDA
ITEI\•VAPPROPRIATION
F.Y.
CHAPTER
STATUTE
EXPENDITURES
402PS-20
20.600
0521-0890-101
2019
2019
BA/19
S100,000,00
AGREEMENT
TOTAL
$100,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
$100,000.00
I CERTIFY upon my own personal knowledge that the budgeted fiends for
the current budget year care available jor the period and purpose of the
PRIOR AMOUNT ENCUMBERED FOR THIS
expenditure stated above.
AGREEMENT
$ 0,00
OTS ACCOUNTING OFFICER'S SIGNATURE
DATE
TOTAL AMOUNT ENCUMBERED TO DATE
SIGNED
$100,000.00
Approved as to Form
jhn M.Funk
Assistant City Attorney
Attest
Daisy Gomez
Clerk of the Council
State of California— Office of Traffic Safety
GRANT AGREEMENT
Schedule.A
CRAM, NUNIRRR
PS20034
1. PROBLEM STATEMENT
With apopulation of just under 330,000; the City of Santa Ana is one of the fourteen highest population cities in the
State (Group A). The City is approximately 27.1 square miles. Santa Ana has a large volume of motor vehicle traffic,
with the arterials carrying 30,000 to 40,000 vehicles per day. There are also four freeways that converge within the city
and a total of 450 miles of streets.
Relative income and vehicle ownership levels within the City are significantly lower than statewide averages. The City
population's median age is the youngest of the seven largest cities in Orange County and the residential density is one
of the highest in the State. Transit ridership in Santa Ana is the highest in the County with several of the busiest OCTA
bus lines serving the City. As a result of climate and demographics, bicycle dependent population is relatively high
when compared to other communities in the County or the State. Also, a significant portion of the adult bicyclists may
not speak English or understand the rules of the road.
In 2015 the City of Santa Ana ranked 2/15 for bicycle involved collisions and 8/15 in bicycle collisions (under 15). In
addition, collisions involving bicyclist riding at night increased from 35 in 2015 to 43 in 2016. Finally, bicycle
involved collisions remained steady with 172 in 2015 and 176 in 2016.
2. PERFORMANCE MEASURES
A. Goals:
I . Reduce the number of persons killed in traffic collisions.
2. Reduce the number of persons injured in traffic collisions.
3. Reduce the number of pedestrians killed in traffic collisions.
4. Reduce the number of pedestrians injured in traffic collisions.
5. Reduce the number of pedestrians killed under age 15 in traffic collisions.
6. Reduce the number of pedestrians injured under age 15 in traffic collisions.
7. Reduce the number of pedestrians killed over age 65 in traffic collisions.
X. Reduce the number of pedestrians injured over age 65 in traffic collisions.
9. Reduce the number of bicyclists killed in traffic collisions.
10. Reduce the number of bicyclists injured in traffic collisions.
11. Reduce the number of bicyclists under age 151cilled in traffic collisions.
12. Reduce the number of bicyclists under age 15 injured in traffic collisions.
13. Increase bicycle helmet usage.
B. Objectives:
Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off
1
press releases and media advisories, alerts, and materials must be emailed to the OTS
Public Information Officer at pio(dots.ca.gov, and copied to your OTS Coordinator, for
approval 14 days prior to the issuance date of the release.
2. Participate in traffic safety fairs and/or community events with an effort to reach
2
individuals.
3. Work closely with community -based organizations at both the neighborhood and
2
community level with an effort to reach individuals.
4. Participate in the following campaigns, National Walk to School Day, National Bicycle
3
Safety Month and California's Pedestrian Safety Month.
5. Conduct pedestrian and/or bicycle safety presentations at community groups with an effort
4
to reach individuals.
6. Conduct pedestrian and/or bicycle safety classroom presentations with an effort to reach
3
students.
7. Conduct pedestrian and/or bicycle safety courses with an effort to reach community
3
members.
S. Distribute pedestrian safety equipment to children that may include reflective armbands
I
and/or zipper pulls.
9. Distribute bicycle headlights and tail lights during bicycle safety community events or
1
bicycle safety courses.
10.
Develop bicycle and pedestrian safety educational materials to be distributed during
1
classroom presentations, workshops, and community events.
11.
Participate in Safe Routes to School coalition meetings.
4
12.
Conduct pedestrian Walking Field Trips with an effort to reach adults and senior citizens.
1
13.
Conduct community outreach events with an effort to reach adults and senior citizens.
2
14.
Conduct pre and post -grant bicycle helmet usage surveys during the months of October
2
(start of the grant) and September (end of the grant). A pre -surrey will be required to
determine the base year helmet use rate and a post -survey will be required to determine the
operational rate.
15.
Conduct bicycle rodeos with an effort to reach individuals.
2
16.
Distribute and properly fit bicycle helmets at bicycle rodeos, workshops, and community
602
events.
17.
Conduct bicycle helmet inspections and make necessary adjustments at schools and
1
community events.
18.
Conduct community bicycle rides promoting safe bicycling in the community with an
4
effort to reach bicyclists.
19.
Hold quarterly meetings with countywide pedestrian and/or bicycle safety stakeholders to
4
collaborate on events, share best practices, and leverage resources.
20.
Collaborate with law enforcement agencies to increase knowledge and awareness of
1
pedestrian and bicycle safety.
21.
Conduct community action planning sessions with an effort to identify community
2
concerns and needs.
22.
Conduct community stakeholder meetings to identify community experiences, needs, and
2
concerns
23.
Conduct a community demonstration project of safe bicycle and pedestrian infrastructure
I
with an effort to reach individuals.
24.
Host connnunity Open House with an effort to reach youth, adults, and senior citizens.
1
3. METHOD OF PROCEDURE
A.
Phase 1 — Program Preparation (Vt Quarter of Grant Year)
• Develop operational plans to implement the "best practice" strategies outlined in the objectives section.
• All training needed to implement the program should be conducted this quarter.
• All grant related purchases needed to implement the program should be made this quarter.
Media Requirements
• Issue a press release announcing the kick-off of the grant by November 15. but no earlier than October
1. If unable to meet the November 15 date, communicate reasons to your OTS Coordinator. The kick-off
press releases and any related media advisories, alerts, and materials must be emailed for approval to the
OTS Public Information Officer at pioLdots.ca.gov, and copied to your OTS Coordinator, 14 days prior to
the issuance date of the release.
B.
Phase 2 — Program Operations (Throughout Grant Year)
• Task 1: Pedestrian and Bicycle Safety Education Workshops and Classes to help support increased
knowledge and understanding of safety.
• Host four (4) bilingual English/Spanish presentations and four (4) bilingual English/Spanish
interactive workshops to provide education to community members on safety for pedestrians and
bicyclists.
• Conduct three (3) Bicycling Basics Classes in the City of Santa Ana. At least one (1) of these
classes will be taught in Spanish.
• Conduct four (3) Wrench and Ride programs in the City of Santa Ana. At classes will be taught in
English or Spanish, with Vietnamese as needed
• Task 2: Active Transportation Champions Cohort: Plan and deliver meetings, trainings, and a
community open house to cultivate a cohort of 10-20 residents who will identify and
develop pedestrian and bicycle safety education, encouragement, and engagement activities to
strengthen and advance the City's existing pedestrian and bicycle safety infrastructure
improvements and non -infrastructure strategies.
• Conduct two (2) workshops on quantitative and/or qualitative data collection and collision data
analysis
• Organize one (1) community -led walking and biking assessment or collection of pedestrian/bicycle
counts
• Conduct two (2) action planning sessions
• Host one (1) community open house
• Conduct two (2) engagement meetings
Task 3: Provide community encouragement activities to support increased use of walking and biking
in the City of Santa Ana.
• Conduct two (1) education and encouragement events in the City of Santa Ana, based on
recommendations from the "Active Transportation Cohort."
• Conduct four (4) family cycling education classes in the City of Santa Ana. At least two (2) of
these classes will be available in Spanish.
• Conduct five (2) i Laces Vivas! Events to help encourage and provide education for walking and
riding safely at night.
• Conduct two (2) Pedestrian and Bicycle Traffic Safety Fans
Media Requirements
• Send all grant -related activity press releases, media advisories, alerts and general public materials to the
OTS Public Information Officer (PTO) at pioLtbots.ca. og_v, with a copy to your OTS Coordinator. The
following requirements are for grant -related activities and are different from those regarding any grant
kick-off release or announcement.
• if an OTS-supplied, template -based press release is used, there is no need for pre -approval, however, the
OTS PTO and Coordinator should be copied when at the same time as the release is distributed to the
press.
• If an OTS-supplied template is not used, or is substantially changed, a draft press release shall be sent to
the OTS PTO for approval. Optimta r lead-time would be 10 days prior to the release distribution date, but
should be no less than 5 working days prior to the release distribution date.
• Press releases reporting the immediate and time -valued results of grant activities such as enforcement
operations are exempt from the recommended advance approval process, but still should be copied to the
OTS PTO and Coordinator when the release is distributed to the press.
• Activities such as warrant or probation sweeps and court stings that could be compromised by advanced
publicity are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to
report the results.
• Use the following standard language in all press, media, and printed materials: Funding for this program
was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic
Safety Administration.
• Email the OTS PTO at Vio(&,ots.ca. oo and copy your OTS Coordinator at least 30 days in advance, a short
description of any significant grant -related traffic safety event or program so OTS has sufficient notice to
arrange for attendance and/or participation in the event.
• Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer
graphics, etc.) to the OTS PTO at pio(c)ots.ca.gov and copy your OTS Coordinator for approval 14 days
prior to the production or duplication.
• Space permitting, include the OTS logo, on grant -funded print materials; consult your OTS Coordinator for
specifics and format -appropriate logos.
• Contact the OTS PTO or your OTS Coordinator, sufficiently far enough in advance of need, for
consultation when deviation from any of the above requirements might be contemplated.
C. Phase 3 — Data Collection & Reporting (Throughout Grant Year)
• Invoice Claims (due January 30, April 30, July 30, and October 30)
• Quarterly Performance Reports (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
• Provide a brief list of activity conducted, procurement of grant -funded items, and significant media
activities. Include status of grant-frinded personnel, status of contracts, challenges, or special
accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the
fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant°s
accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives
were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRA'PIVESUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant
conclusion.
State of California— Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT, NUMBER
PS20034
FUNDNUMBER
CATALOGNUMBER
FUNDDESCRIPTION
TOTALAMOUNT
(CFDA)
402PS-20
20.600
State and Community Highway
$100,000.00
Safety
COST CATEGORY
CFDA
TOTAL COST
TO GRANT
A. PERSONNEL COSTS
Positions and Salaries
Full -Time
$0.00
Overtime
$0.00
Part -Time
$0.00
Category Sub -Total
$0.00
B. TRAVEL EXPENSES
$0.00
woo
Category Sub -Total
$0.00
C. CONTRACTUAL SERVICES
Pedestrian and Bicycle Education- S 100,000
20.600
$0.00
Task la: Pedestrian and Bicycle Safety Workshops
2Q600
$19,000,00
Task lb: Bici Basics
20.600
$12,300.00
Task le: Wrench and Ride Program
20.600
$1-),800.00
Task 2b: Data Analysis Workshops
20.600
S3,600.00
Task 2c: Walking and Biking Assessment
20.600
S2,000.00
Task 2d: Action Planning Sessions
20.600
S3.200.00
Task 2e: Cotranunity Open House
20.600
S2,100.00
Task 2f. Stakeholder Engagement Meetings
20.600
S3,400.00
Task 3a: Education and Encouragement Event
20.600
$11,000.00
Task 3b: Family Cycling Education Classes
20.600
$12,000.00
Task3c: •Luces Vivas! Events
20.600
S4,600.00
Task 3d: Traffic Safety Fairs
20.600
S4,800.00
Bicycle Helmets
20.600
S6,020.00
Bicycle Safety Equipment
20.600
S2,180.00
Category Sub -Total
$100,000.00
D. EQUIPMENT
$0.00
Category Sub -Total
$0.00
E. OTHER DIRECT COSTS
$0.00
Category Sub -Total
$0.00
F. INDIRECT COSTS
$0.00
Category Sub -Total
$0.00
GRANT TOTAL $100,000.00
State of California— Office of Traffic Safety
GRANT AGREEMENT
Schedule 13-1
CRAM, NUNIRER
PS20034
BUDGET NARRATIVE
PERSONNEL COSTS
QUANTITY
TRAVEL EXPENSES
CONTRACTUAL SERVICES
Pedestrian and Bicycle Education- $100,000 - Consultant to conduct pedestrian and bicycle events and
0
Presentations customized for a targeted population.
Task I a: Pedestrian and Bicycle Safety Workshops - Presentations and interactive workshops that will
4
educate residents on bicycle and pedestrian safety strategies, including nationally recognized best
practices and emerging successes from localities across California.
4 Workshops x $4,750 ea= $19,000
Task lb: Bici Basics - Bicycling Basics classes are geared towards new riders to teach basic skills and
3
build confidence in riding a bicycle. All classes will be taught by trained League Cycling Tnstructors
(LCTs).
3 classes x $4,100 ea= $12,300
Task lc: Wrench and Ride Program - Wrench and Ride is a nine-weekprogram, hosted at The Bicycle
3
Tree, in which participants learn about bicycle anatomy, bike safety, and maintenance.
3 Wrench and Ride Programs x $4,600 ea: $13,800
Task 2b: Data Analysis Workshops - Data workshops provide quantitative and/or qualitative data
2
collection and collision data analysis for walking and biking. These sessions will help build
understanding of community members of the needs that exist and safety concerns.
2 workshops x $1,900 ea— $3,600
Task 2c: Walking and Biking Assessment - Community -led walking and biking assessments will
1
outline potential challenges and opportunities to increase walking and biking. Pedestrianibicycle counts
to support the need for projects may also be included in the assessment.
1 assessment x $2,000= $2,000
Task 2d: Action Planning Sessions - Action planning sessions allow participants to identify
2
infrastructure and non -infrastructure solutions to address their pedestrian and bicycle safety concerns
and plan for the implementation of the project.
2 sessions x $1600 ea— $3.200
Task 2e: Community Open House - Community open house events allow community members to
1
share/present knowledge and experience gleaned from participation in walking and bicycling safety
events. Presentations will be made to fellow residents and city staff.
1 open house x $2,100— $2,100
Task 2f: Stakeholder Engagement Meetings - Stakeholder meetings will engage community members
2
and key city stakeholders responsible for traffic safety improvements where participants will share
their active transportation experiences, concerns, and needs.
2 meetings x $1,700 ea=$3,400
Task 3a: Education and Encouragement Event - Pop-up demonstrations of active transportation project
1
or program will demonstrate what a permanent project or improvement could look like in real-time and
provide safety education and encouragement of walking and biking.
1 event x $1 1.000 ea= $1 1,000
Task 3b: Family Cycling Education Classes - The class merges the traditional Traffic Skills curriculum
4
developed by the League of American Bicyclists with the basic skills taught to youth in a bike rodeo.
Rider will learn the rules of the road for entering traffic at intersections and riding in the street.
4 classes x $3,000 ea— $12,000
Task 3c: iLuces Vivas! Events - iLuces Vivas! is an education and night light distribution program
2
intended to provide education and encouragement for riding bikes and walking in Santa Ana safely at
right.
2 events x S2,300 ea= $4,600
Task 3d: Traffic Safety Fairs - Traffic Safety Fair events teach students how to interact with the
2
roadway and traffic. The class instruction on using the different intersection devices, bicycling in the
roadway, bicycle safety inspections, and helmet fit. The course uses a combination of simulation and
hands-on training to teach the student how to make safe decisions while walking or riding within the
roadway.
2 Safety Faits x $2,400 ea= $4,800
Bicycle Helmets - Helmets to be distributed during bicycle rodeos and other bicycle safety related
602
events.
Bicycle Safety Equipment - Safety equipment such as bicycle headlights/taillights, reflectors, and
I
reflective arm and leg bands to be distributed during bicycle rodeos and other bicycle safety related
events. Additional items may nirchased upon OTS approval.
EQUIPMENT
OTHER DIRECT COSTS
INDIRECT COSI'S
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
State of California — Office of Traffic Safety
GRANT AGREEMENT
Exhibil A
CERTIFICATIONS AND ASSURANCES
HIGHWAY SAFETY GRANTS
(23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L.109-59, As AMENDED)
GRANT NUDIBER
PS20034
Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to
civil or criminal penalties and/or place the State in a high -risk grantee status in accordance with 49
CFR §19.12.
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the
Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines,
policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include,
but are not limited to, the following:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended
• 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
• 23 CFR Part 1300--Uniform Procedures for State Highway Safety Grant Programs
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to
nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat 252), (prohibits discrimination on the
basis of race, color, national origin) and 49 CFR part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title 1X of the Education Amendments of 1972,
as amended (20 U.S.C. 1681-1683 and 1685-16861) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on
the basis of disability) and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis
of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title
VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation
Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or
activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are
Federally -funded or not);
• Titles 11 and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the
basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation. and certain testing) and 49 CFR parts
37 and 38;
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -
Income Populations (prevents discrimination against minority populations by discouraging programs, politics,
and activities with disproportionately high and adverse human health or environmental effects on minority and
low-income populations); and
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards
against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by
ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to
programs (70 FR 74087-74100).
The State highway safety agency—
• Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color,
national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by
Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be
othenvise subjected to discrimination under any of its programs or activities, so long as any portion of the
program is Federally -assisted;
• Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors,
subcontractors, and consultants receiving Federal financial assistance under this program will comply with all
requirements of the Non -Discrimination Authorities identified in this Assurance;
• Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all
applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts,
documents, information, facilities, and staff, and to cooperate and comply with any program or compliance
reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination
Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising
under these Non -Discrimination Authorities and this Assurance:
• Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
"During the performance of this contract/funding agreement, the contractor/funding recipient agrees —
a. To comply with all Federal nondiscrimination laws and regulations, as maybe amended from time to
time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein;
c. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in
this contract/fundingagreement, the State highway safety agency will have the rightto impose such
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to
withholding payments to the contractor/finding
recipient tinder the contract/agrecmentuntil the contractor/funding recipient complies; and/or
cancelling, terminating, or suspending a contract or fmzding agreement, in whole or in part; and
e. To insertthis clause, includingparagraphs (a) through (e), in every subcontract and sub agreement and
in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this
program.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of
employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated fiords have been paid or will be paid, by or oil behalf of the undersigned, to any person
for influencing or attempting to influence art officer or employee of any agency, a Member of Congress, art officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
2. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all
sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than
$100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the fiords under this program will be used for any activity specifically designed to urge or influence a State or
local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local
legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one
exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct
communications with State or local legislative officials, in accordance with customary State practice, even if such
communications urge Legislative officials to favor or oppose the adoption of a specific pending Legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
Instructions for Primary Tier Participant Certification (States)
I. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it
cannot provide the certification set out below. The certification or explanation will be considered in connection with
the department or agency's determination whether to enter into this transaction. However, failure of the prospective
primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or
debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which
this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous
when submitted or has become erroneous by reason of changed circumstances.
S. The terms covered transaction, civiliudgmient, debarment, suspension, ineligible, participant, person, principal, and
voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment wider 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency entering into
this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled
"Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency
entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
prospective lower tier participants, each participant may, but is not required to, check the System for Award
Management Exclusions website (https://ww�v.sam.«.ov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal government, the department or
agency may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier
Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in covered transaction by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State
or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. if it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal governinent, the department or agency with
which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shal I provide immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civi [judgment, debarment. suspension, ineligible, participant, person, principal, and
voluntari ly excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled
"Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants
to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4. debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to
participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
prospective lower tier participants, each participant may, but is not required to, check the System for Award
Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course
of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,
subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to
other remedies available to the Federal government, the department or agency with which this transaction originated may
pursue available remedies,
including suspension or debarment.
Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion--LowerTier
Covered Transactions:
1. The prospective tower tier participant certifies, by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating
in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to subrecipients as well as States)
The State and each subrecipient will complywith the Buy America requirement(23 U.S.C. 313) when purchasing items
using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and
manufactured products produced in the United States, unless the Secretary of Transportation detenumes that such
domestically produced items would be inconsistent with the public interest, that such materials are not reasonably
available and of a satisfactory quality, or
that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In
order to use Federal funds to purchase foreign produced items, the State must submit a
waiver request that provides an adequate basis and justification for approval by the Secretary of
Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or
to create checkpoints that specifically target motorcyclists.
LAW ENFORCEMENT AGENCIES
All subrecipient law enforcement agencies shalt comply with California law regarding profiling. Penal Code section
13519.4. subdivision (e), defines "racial profiling" as the "practice of detaining a suspect based on a broad set of criteria
which casts suspicion on an entire class of people without any individualized suspicion of the particular person being
stopped." Then, subdivision (t) of that section goes on to provide, "A law enforcement officer shall not engage in racial
profiling."
EXHIBIT 2
AGREEMENT TO PROVIDE BICYCLE AND
PEDESTRIAN SAFETY OUTREACH SERVICES
THIS AGREEMENT is made and entered into this 19th day of November, 2019, by and
between Charitable Ventures of Orange County, Inc., as fiscal sponsor for Santa Ana Active
Streets ("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 has been awarded a $100,000 grant from the
State of California Office of Traffic Safety (OTS) for a program to address bicycle
and pedestrian safety through a series of bicycle safety education
workshops and events. The goal of the program is to reduce the number of persons
killed or injured in collisions involving bicycles.
B. The City desires to retain a consultant to provide such a program.
C. Consultant represents that it is able and willing to provide such services to the City.
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 be performed in compliance with such standards as may
reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terns and conditions hereinafter set forth, the parties agree as follows:
I. 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 $100,000.
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. 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.
Page 1 of 10
rEENIFrW351
The term of this Agreement shall commence on the date stated above and continue
through November 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.
S. 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 under the terms 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 infonmation, 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
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.
Page 2 of 10
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 the party waiving the breach, failure, right orremedy. 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.
8. 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.
9. 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 opportunity
employer and shall comply with all applicable federal, state and local laws and
regulations.
10. CONFLICT OFINTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services.
11. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance
as described below:
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 performance of
this Agreement, including, without limitation, acts involving vehicles. The
Page 3 of 10
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.
C. 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.
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
Page 4 of 10
compensation and agrees to indemnify the City for any work performed prior
to approval of insurance by the City.
12 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 damage, which may arise from the 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 1 of this Agreement; and (2) from
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 damages, 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: Clerk of the City Council City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Copies to: Public Works Agency -Executive Director
City Hall -Ross Annex -4th Floor
20 Civic Center Plaza (M-21)
SantaAna, California 92702
Page 5 of 10
To Consultant: Charitable Ventures of Orange County
1505 E. 17tb Street, Suite 101
Santa Ana, CA 92705
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. In 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, th e 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 under 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
Grant Management Manual and as itmaybe amended orupdated throughout the
term of this Agreement.
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
Page 6 of 10
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
funds 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
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
Page 7 of 10
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.
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.
Page 8 of 10
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 attachments 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 assignment, 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
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.
Page 9 of 10
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 terms
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:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
HN M. FUNK
Assistant City Attorney
FOR APPROVAL:
FUAD S. SWEISS, PE, PLS
Executive Director
Public Works Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CONSULTANT
NAME; i da- 1L t w,
TITLE: C-oo
Page 10 of 10
City of Santa Ana — Pedestrian and Bicycle Safety Program — Scope of Work
I Safety Workshops
Presentations and interactive workshops that will educate residents on bicycle
and pedestrian safety strategies, including nationally recognized best practices
and emerging successes from localities across California.
Deliverables: 4 Safety Workshops
1b Bicycling Basics
Bicycling Basics classes are geared towards new riders to teach basic skills
and build confidence in riding a bicycle. All classes will be taught by trained
League Cycling Instructors (LCIs).
Deliverables: 3 Bici Basics Classes
I Wrench and Ride
Wrench and Ride is a nine -week program, hosted at The Bicycle Tree, in which
participants learn about bicycle anatomy, bike safety, and maintenance.
Deliverables: 3 Wrench and Ride Programs
2a Data Workshop
Data workshops provide quantitative and/or qualitative data collection and
collision data analysis for walking and biking. These sessions will help build
understanding of community members of the needs that exist and safety
concerns.
Deliverables: 2 Data Workshops
2b Walk Assessment
Community -led walking and biking assessments will outline potential
challenges and opportunities to increase walking and biking. Pedestrian/bicycle
counts to support the need for projects may also be included in the
assessment.
Deliverables: f Walking Audit
2c Action Planning
Action planning sessions allow participants to identify infrastructure and non -
infrastructure solutions to address their pedestrian and bicycle safety concerns
and plan for the implementation of the project.
Deliverables: 2 Action Planning Sessions
2d Open House
Community open house events allow community members to share/present
knowledge and experience gleaned from participation in walking and bicycling
safety events. Presentations will be made to fellow residents and city staff
Deliverables: 1 Open House Event
2e Stakeholder Meeting
Stakeholder meetings will engage community members and key city
stakeholders responsible for traffic safety improvements where participants will
share their active transportation experiences, concerns, and needs.
Deliverables: 2 Stakeholder Meetings
3a Pop -Up Demo
Pop-up demonstrations of active transportation project or program will
demonstrate what a permanent project or improvement could look like in real-
time and provide safety education and encouragement of walking and biking.
Deliverables: 1 Demonstration Event
3b Family Cycling
The class merges the traditional Traffic Skills curriculum developed by the
League of American Bicyclists with the basic skills taught to youth in a bike
rodeo. Riders will learn the rules of the road for entering traffic at intersections
and riding in the street.
Deliverables: 4 Family Cycling Classes
3c Luces Vivas
iLuces Vivas! is an education and night light distribution program intended to
provide education and encouragement for riding bikes and walking in Santa
Ana safely at night.
Deliverables: 2 Luces Vivas Events
3d Traffic Safety Fair
Traffic Safety Fair events teach students how to interact with the roadway and
traffic. The class instruction on using the different intersection devices,
bicycling in the roadway, bicycle safety inspections, and helmet fit. The course
uses a combination of simulation and hands-on training to teach the student
how to make safe decisions while walking or riding within the roadway.
Deliverables: 2 Traffic Safety Fairs
EXHIBIT B
Task # Task Item Quantity Unit Cost Total Cost
1a
Safety Workshops
4
$4,750.00
$19,000.00
1b
Bici Basics
3
$4,100.00
$12,300.00
1c
Wrench and Ride
3
$4,600.00
$13,800.00
2a
Data Workshop
2
$1,800.00
$3,600.00
2b
Walk Assessment
1
$2,000.00
$2,000.00
2c
Action Planning
2
$1,600.00
$3,200.00
2d
Open House
1
$2,100.00
$2,100.00
2e
Stakeholder Mtg
2
$1,700.00
$3,400.00
3a
Pop -Up Demo
1
$11,000.00
$11,000.00
3b
Family Cycling
4
$3,000.00
$12,000.00
3c
Luces Vivas
2
$2,300.00
$4,600.00
3d
Traffic Safety Fair
2
$2,400.00
$4,800.00
Materials
Helmets
548
$11.00
$6,028.00
Tail/Head Lights
543
$4.00
$2,172.00
TOTAL:
$100,000.00