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HomeMy WebLinkAboutItem 18 - Bicycle Safety Grant Funding Recognition and Professional Services AgreementPublic Works Agency www.santa-ana.org/public-works Item # {( item.number )) City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 19, 2023 TOPIC: Bicycle Safety Grant Funding Recognition and Professional Services Agreement AGENDA TITLE Approve Appropriation Adjustment to Recognize Grant Revenue, Approve an Agreement with the State of California Office of Traffic Safety to Secure a Bicycle Safety Grant in an Amount Not to Exceed $199,900, and Approve an Agreement with Charitable Ventures of Orange County to Provide Bicycle Safety Education in an Amount Not to Exceed $199,900 (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize Office of Traffic Safety Pedestrian and Bicycle Safety grant funds in the amount of $199,900 in the OTS-PWA Traffic Safety Grants, Federal Grants -Indirect revenue account and appropriate the same amount to the OTS-Bicycle Safety PWA, Contract Services -Professional expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute a one-year grant agreement with the State of California Office of Traffic Safety for Pedestrian and Bicycle Safety Program funds in an amount not to exceed $199,900, for a one-year period beginning October 1, 2023, and ending September 30, 2024, (timeframe consistent with the grant cycle), subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-XXX). 3. Authorize the City Manager to execute an agreement with Charitable Ventures of Orange County, Inc., to provide bicycle safety education services for a one-year period beginning December 19, 2023, and ending October 31, 2024, in an amount not to exceed $199,900, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Santa Ana Public Works Agency (PWA) partnered with Santa Ana Active Streets (SAAS) to develop a custom Pedestrian and Bicycle Safety Program (Program) for the City of Santa Ana. The Program was submitted by PWA in partnership with SAAS to the State of California Office of Traffic Safety (OTS) and has been awarded a $199,900 Bicycle Safety Grant Funding Recognition and Professional Services Agreement December 19, 2023 Page 2 grant (Exhibit 1). These funds will be used to address bicycle safety through a series of safety education workshops and events. The goal of the program is to reduce the number of deaths and injuries in traffic collisions involving bicycles and pedestrians. The bilingual education program is intended to reach a wide cross section of community members. It will include a series of comprehensive workshops consisting of educating adults about traffic safety and educating youths about bicycle safety and maintenance. At the end of the adult series, community members will recommend improvements to the Public Works Agency to guide the pursuit of future grant funds. At the end of the youth series, community youth will earn a bicycle, which they repaired and maintained during the course of the classes. The program includes family -friendly bicycle safety skills classes taught by the League of American Bicyclists Certified Instructors, access to nighttime lights and helmets distributed to the community during safety equipment events targeting pedestrians and bicyclists, equipment demonstration events, and bicycle traffic safety fairs at community events. All tasks outlined in the Program scope of work will be delivered directly by SAAS, and will be paid by SAAS's fiscal agent, Charitable Ventures of Orange County, Inc., (Exhibit 2) utilizing the Office of Traffic Safety grant award. FISCAL IMPACT Approval of the requested Appropriation Adjustment will recognize Office of Traffic Safety Pedestrian and Bicycle Safety grant funds in the amount of $199,900 as follows: $199,900 will be recognized in the OTS-PWA Traffic Safety Grants, Federal Grants - Indirect revenue account (No. 16517002-52001). The Appropriation Adjustment will also appropriate the same amount of $199,900 as follows: $199,900 will be appropriated to the OTS-Bicycle Safety PWA, Contract Services -Professional expenditure account (No. 16517611-62300). Funds are budgeted and available for expenditure in the Fiscal Year 2023-24. Fiscal Year Accounting Fund Accounting Unit, Amount Unit- Account Description Account No. No. Description 2023-24 16517611- Office of Safety OTS-Bicycle $199,900 62300 Grant Safety PWA, Contract Services - Professional TOTAL: $199,900 Bicycle Safety Grant Funding Recognition and Professional Services Agreement December 19, 2023 Page 3 EXHIBIT(S) 1. State of California, Office of Traffic Safety Grant Agreement 2. Charitable Ventures Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Tom Hatch, Interim City Manager State of California — Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PS24039 1. GRANT TITLE Pedestrian and Bicycle Safety Program 2. NAME OF AGENCY 3. Grant Period Santa Ana From: 10/01/2023 To: 09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT Santa Ana Public Works Agency 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 crashes including underserved communities, older adults, and school -aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, 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: $199,900.00 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 • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances • Exhibit B* — OTS Grant Program Manual • Exhibit C — Grant Electronic Management System (GEMS) Access *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 under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are 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 NAME: Zed Kekula NAME: Steven Mendoza TITLE: Principal Civil Engineer TITLE: Acting City Manager EMAIL: zkekula@santa-ana.org EMAIL: smendoza@santa-ana.org PHONE: (714) 647-5606 PHONE: (714) 647-5200 ADDRESS: 20 Civic Center Plaza ADDRESS: 20 Civic Center Plaza Santa Ana, CA 92702 Santa Ana, CA 92702 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Kathryn Downs NAME: Barbara Rooney TITLE: Executive Director of Finance & Management TITLE: Director EMAIL: Services EMAIL: barbara.rooney@ots.ca.gov PHONE: kdowns@santa-ana.org PHONE: (916) 509-3030 ADDRESS: (714) 647-5420 ADDRESS: 2208 Kausen Drive, Suite 300 20 Civic Center Plaza M-17 Elk Grove, CA 95758 Santa Ana, CA 92702 (Signature) (Date) (Signature) (Date) 10/20/2023 11:54:06 AM Page 1 of 17 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #: KZE9G2M4GRX9 ADDRESS: 2208 KauSen Drive, Suite 300 REGISTERED Elk Grove, CA 95758 ADDRESS: 20 Civic Center Plaza, Floor 8 CITY: Santa Ana Zip+4: 92701-4058 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT $199,900.00 TOTAL AMOUNT ENCUMBERED BY THIS DOCUMENT $199,900.00 I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and PRIOR AMOUNT ENCUMBERED FOR THIS purpose of the expenditure stated above. AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $199,900.00 10/20/2023 11:54:06 AM Page 2 of 17 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PS24039 1. PROBLEM STATEMENT The city of Santa Ana has a large volume of motor vehicle traffic, with arterial roadways carrying an average of 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. This creates a mobility challenge in the community. An analysis of 2020 census data that was part of the City's Vision Zero Plan (comparing household size with the number of automobiles per household) showed that 55 percent of Santa Ana's residents did not have access to an automobile. Relative income levels and vehicle ownership within the city were significantly lower than the statewide average. The population's median age was also the youngest of the seven largest cities in Orange County, and residential density was one of the highest in the state. Transit ridership in Santa Ana was the highest in the county, with several of the busiest Orange County Transportation Authority bus lines serving the city. As a result of the area's climate and demographics, the city's actively mobile population is relatively high when compared to other communities in the county or state, including a significant portion of the city's adult residents who may not speak English or understand the rules of the road. To meet this demand, the City of Santa Ana has been working on developing an expanding network of bicycle and pedestrian facilities. Having already been identified as a Federal Highway Administration Focus City, there is an urgent need to make immediate changes in the City of Santa Ana to improve traffic safety for all residents. The Pedestrian and Bicycle Safety Program aims to increase awareness to ultimately reduce the number of pedestrian- and bicyclist -related crashes in the city, especially for children walking to and from school. For this reason, this project is a priority for this community. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of pedestrians killed under age 15 in traffic crashes. 6. Reduce the number of pedestrians injured under age 15 in traffic crashes. 7. Reduce the number of pedestrians killed over age 65 in traffic crashes. 8. Reduce the number of pedestrians injured over age 65 in traffic crashes. 9. Reduce the number of bicyclists killed in traffic crashes. 10. Reduce the number of bicyclists injured in traffic crashes. 11. Reduce the number of bicyclists under age 15 killed in traffic crashes. 12. Reduce the number of bicyclists under age 15 injured in traffic crashes. 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 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate in the following campaigns: National Walk to School Day, National 4 Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month. 3. Conduct pedestrian and/or bicycle safety courses with an effort to reach 6 community members. 4. Distribute pedestrian/bicycle safety items at no cost to youth or community 1 members in need, during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. 5. Conduct community outreach events with an effort to reach adults. 5 10/20/2023 11:54:06 AM Page 3 of 17 6. Conduct pre and post -grant activities bicycle helmet usage surveys during the 2 months of October (start of the grant) and September (end of the grant). A pre - survey will be required to determine the base year helmet use rate and a post - survey will be required to determine the operational rate. Upload completed survey to GEMS. 7. Conduct bicycle rodeos with an effort to reach individuals. 2 8. Distribute and properly fit bicycle helmets at no cost to community members in 760 need, at bicycle rodeos, schools, workshops, and community events. 9. Purchase bicycle helmets. 760 10. Train individuals to be League Certified Instructors. 10 11. Conduct community bicycle rides providing bicycle safety education to promote 6 safe bicycling in the community with an effort to reach bicyclists. 12. Conduct a Build -Your -Own Skateboard Education Workshop which includes a 2 certification program upon mastering the associated active transportation safety education course. When reporting, include date/location of each workshop and total number of participants passing or failing certification. Upload copies of completed certificates to GEMS. 13. Execute subcontract referenced in the budget. Prior to finalizing the subcontract, 1 grantee will work with the OTS to ensure all costs in the subcontract are allowable. Upon execution of subcontract, upload executed subcontract to GEMS and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide ETA. 14. Publish a multilingual Santa Ana Bike and Walk Guide to encourage residents, 1 including the disabled community, to interact with ped/bike safety improvements. Published materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date. When reporting, include whether the OTS Go Safely site or Street Story QR Codes were incorporated in messaging, and number of participants reached. Upload a copy of each completed guide to GEMS. 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation (1st 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 in the first quarter. • All grant related purchases needed to implement the program should be made in the first quarter. Media Requirements • Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 — Program Operations (Throughout Grant Year) Media Requirements The following requirements are for all grant -related activities: • Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant -related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. • Pre -approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. 10/20/2023 11:54:06 AM Page 4 of 17 However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. • If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time -sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant -related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). • Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. • Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant -related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. • Submit a draft or rough -cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant -funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format -appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant -related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant - related event or program. Media and program highlights are to be reflected in QPRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. • Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. Task 1 - Pedestrian and Bicycle Safety Education Workshops and Classes to help support increased knowledge and understanding of pedestrian and bicycle safety in Santa Ana: • Collect Bicycle Helmet Usage Surveys. A pre -survey to determine the base year helmet use rate, and a post -survey required to determine the operational rate. 10/20/2023 11:54:06 AM Page 5 of 17 • Conduct Pedestrian and Bicycle Traffic Safety Fairs to promote active transportation safety in the community. • Conduct Bicycling Basics Classes to emphasize the importance of bicycle helmet use and traffic safety awareness. At least one (1) of these classes will be taught in Spanish • Conduct Wrench and Ride programs to teach participants about bicycle anatomy, bike safety, and maintenance. All classes will be taught in English or Spanish, with Vietnamese as needed. • Host Build -Your -Own Skateboard Education Workshop which will include a certification program upon mastering the associated active transportation safety education course. Task 2 - Community Encouragement Activities to support increased walking and biking in Santa Ana (Community encouragement activities may be in -person or virtual to account for applicable health and safety restrictions): • Conduct Family Cycling Community Bicycle Rides to encourage the use of safe active transportation. • Conduct iLuces Vivas! Community Events to encourage and provide education for walking and riding safely at night. • Create multilingual Santa Ana Bike and Walk Guides to encourage residents to interact with bicycle and pedestrian safety improvements throughout the city. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (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 -funded 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. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 10/20/2023 11:54:06 AM Page 6 of 17 State of California - Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PS24039 FUND NUMBER CATALOG FUND DESCRIPTION TOTAL AMOUNT NUMBER (CFDA) 402PS-24 20.600 State and Community Highway $199,900.00 Safety COST CATEGORY FUND NUMBER UNIT COST OR RATE f UNITS l TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time $0.00 Overtime $0.00 Category Sub -Total $0.00 B. TRAVEL EXPENSES $0.00 $0.00 Category Sub -Total $0.00 C. CONTRACTUAL SERVICES Pedestrian and Bicyclist Safety Education Program - $199,900 402PS-24 $199,900.00 1 $199,900.00 Task 1 a (#7 / OB046) - Traffic Safety Fair Bike Rodeo 402PS-24 $0.00 2 $0.00 Task 1 b (#3 / OB032) - Bicycling Basics Course 402PS-24 $0.00 2 $0.00 Task 1c (#3 / OB032) - Wrench and Ride Course 402PS-24 $0.00 2 $0.00 Task 1 d (#12 / M-749026) - Skateboard Safety Workshop 402PS-24 $0.00 2 $0.00 Task 1 e (#3 / OB032) - Bike/Ped Safety Workshop 402PS-24 $0.00 2 $0.00 Task 1f (#11 / OB051) - Learn to Ride 402PS-24 $0.00 3 $0.00 Task 1g (#10 / OB050) - LCI Seminar 402PS-24 $0.00 1 $0.00 Task 2a (#11 / OB051) - Family Cycling Class 402PS-24 $0.00 3 $0.00 Task 2b (#5 / OB042) - Bike/Ped Safety Community Event 402PS-24 $0.00 3 $0.00 Task 2c (#5 / OB042) - Bike/Ped Safety Mobile Team 402PS-24 $0.00 2 $0.00 Task 2d (#'4 / M-749030) - Santa Ana Bike and Walk Guide 402PS-24 $0.00 1 $0.00 Bicycle Helmets 402PS-24 $0.00 760 $0.00 Pedestrian/Bicycle Safety Items 402PS-24 $0.00 1 $0.00 Category Sub -Total $199,900.00 D. EQUIPMENT $0.00 Category Sub -Total $0.00 E. OTHER DIRECT COSTS $0.00 10/20/2023 11:54:06 AM Page 7 of 17 Category Sub -Total $0.00 F. INDIRECT COSTS $0.00 Category Sub -Total $0.00 GRANT TOTAL $199,900.00 10/20/2023 11:54:06 AM Page 8 of 17 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PS24039 BUDGET NARRATIVE PERSONNEL COSTS TRAVEL EXPENSES CONTRACTUAL SERVICES Pedestrian and Bicyclist Safety Education Program - $199,900 - Santa Ana Public Works Agency will seek a contractor to assist with fulfilling the goals and objectives of this grant. Work rendered for this program will include the following expenses: fees to perform multilingual services such as virtual and on -bike traffic safety education courses, community outreach, bike rides, bike assessment, traffic safety item distribution, and helmet distribution and fitting at community events. Prior to finalizing the subcontract, grantee will work with the OTS to ensure the subcontract budget and all costs are allowable. Upon execution of subcontract, grantee will provide a copy of the subcontract to the OTS and will request a grant budget revision to include the associated costs of the subcontract in the grant budget as a prerequisite for claiming these costs. Task 1 a (#7 / 013046) - Traffic Safety Fair (Bike Rodeo) - Teaches youth how to safely, efficiently, and confidently interact with the roadway and traffic. These traffic safety fairs cover everything from using different intersection devices, bicycling in the roadway, bicycle safety inspections, and helmet fit. Curriculum uses a combination of traffic simulations and hands-on training to teach participants how to make safe decisions while walking or riding within the roadway. Age -appropriate bicycles will be made available for youth that do not have their bicycle with them. Task 1 b (#3 / 013032) - Bicycling Basics Course - Lessons to include topics such as choosing your bike, what to wear, importance of visibility, helmet fitting, Principles of Bicycling, Principles of Traffic Law, Bike Infrastructure, and Hazards in Bicycling. Workshop will include an on -bike section to include the ABC Quick Check before riding, practicing how to Start and Stop while riding, signaling and scanning, and taking a group ride to use these skills on the road. Task 1 c (#3 / OB032) - Wrench and Ride Course - A series of classes and workshops where participants learn about bikes, bike safety, and maintenance. Each participant chooses a donated bike and repairs it with the guidance of a volunteer mechanic, learning about how the bike works in the process. At the end of the course, the participants will participate in a bike ride accompanied by the instructor. Each participant gets to keep their bike, along with a helmet, lock, and bike lights. All classes to be taught in English, Spanish or Vietnamese, as needed. Task 1 d (#12 / M-749026) - Skateboard Safety Workshop - A Build -Your -Own Skateboard Education Workshop geared toward Santa Ana's youth. The workshop will include building a skateboard, learning skateboard safety skills, as well as tips on skating in the city. The day finishes off with a skate session and a certificate upon mastering the skateboard safety education course. Task 1 e (#3 / 013032) - Bike/Ped Safety Workshop - Presentations and interactive activities on bicycle and pedestrian safety strategies, including nationally recognized best practices and emerging successes from localities across California. Each event will also include a survey of participants to identify what was done well and what could be improved for future events. Survey results will be incorporated into the quarterly progress reports. Task 1f (#11 / OB051) - Learn to Ride - Class is geared towards new riders to teach them basic skills and give them the confidence to begin riding a bicycle. All classes will be taught by trained League Cycling Instructors (LCls). The target students are people who don't know how to ride, have very little experience riding a bike, and/or who have not ridden since childhood. The class is designed to increase bicyclists' safety awareness of keeping control of a bike, including, keeping eyes on the road while riding, learning how to pedal, shifting gears, and turning safely. Each class will emphasize the importance of helmet use when riding a bicycle as well as proper fit. Each participant will receive a certificate of completion upon mastering the course. Each participant will receive a helmet and bike light, if needed. 10/20/2023 11:54:06 AM Page 9 of 17 Task 1g (#10 / 013050) - LCI Seminar - League of American Bicyclists (LAB) will conduct an LCI Certification Seminar to train and certify at least 10 and up to 15 community members as League Cycling Instructors LCIs . Task 2a (#11 / 013051) - Family Cycling Class - Merges 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 is families that seek to ride as a family and give them the confidence to begin riding a bicycle together. Riders learn the rules of the road for entering traffic at intersections and riding in the street. Bike rides are designed to increase bicyclist's safety awareness of common car/bike crashes, teach ways to prevent and avoid crashes, and emphasize the importance of helmet use when riding a bicycle. A minimum of 2 events will be made available for the cit 's Spanish-speaking community. Task 2b (#5 / 013042) - Bike/Ped Safety Community Event - Night-time pop-up community events providing education and light/reflective safety gear distribution. Bilingual educational materials will also be provided at these locations. The program is intended to provide education and encouragement for riding bikes and walking safely in Santa Ana after dark. Helmets will also be fitted and provided to those in need. Task 2c (#5 / OB042) - Bike/Ped Safety Mobile Team - A team of cyclists will ride seek out people riding or walking in the city without lights or reflective safety gear. Bilingual educational materials will be distributed at locations throughout Santa Ana where night-time bicycle ridership and pedestrian activity is expected to be high and where Santa Ana has seen a history of incidents involving bicyclists and pedestrians at night. Helmets will also be fitted and provided to those in need. Task 2d (#'4 / M-749030) - Santa Ana Bike and Walk Guide - A multilingual Santa Ana Bike and Walk Guide to encourage residents, including the disabled community, to interact with bicycle and pedestrian safety improvements throughout the city. It will be accessible in printed and digital formats, through digital PDF or mobile application, through the City of Santa Ana website. The material will include paths that can be completed by participants using various modes, including walking, biking, or active transportation. In addition to traffic safety education, it may include local history, public art, culturally significant sites, and popular destinations, and will also be available in English, Spanish, and Vietnamese. Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS. Pedestrian/Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS. EQUIPMENT OTHER DIRECT COSTS INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. 10/20/2023 11:54:06 AM Page 10 of 17 State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PS24039 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) 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: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; • 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] 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); • 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation —Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • 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 W of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (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 II 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 (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP)); • Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and • Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). 10/20/2023 11:54:06 AM Page 11 of 17 The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively GENERALASSURANCES In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA." The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in § 21.23(b) and (c) of 49 CFR part 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.0 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. " 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT Order 1050.2A) in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 10/20/2023 11:54:06 AM Page 12 of 17 By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug -free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted- 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all 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 all 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 funds have been paid or will be paid, by or on behalf of the undersigned, 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 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; 10/20/2023 11:54:06 AM Page 13 of 17 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 -awards 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 funds 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 all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1. 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. 5. The terms covered transaction, civil judgment, 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 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 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 10/20/2023 11:54:06 AM Page 14 of 17 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 (h ttps://www. sam..qoo. 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 transactions 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 Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall 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, civil judgment, 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 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 10/20/2023 11:54:06 AM Page 15 of 17 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.gov1). 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 — LOWER TIER COVERED TRANSACTIONS I . The prospective lower 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 (applies to subrecipients as well as States) The State and each subrecipient will comply with 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 determines 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. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. 10/20/2023 11:54:06 AM Page 16 of 17 DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all 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. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company - owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 10/20/2023 11:54:06 AM Page 17 of 17 AGREEMENT TO PROVIDE BICYCLE AND PEDESTRIAN SAFETY OUTREACH SERVICES THIS AGREEMENT is made and entered into this 19th day of December, 2023, 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 $199,900.00 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 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, incorporated by reference as though fully set forth herein. The total sum to be expended under this Agreement shall not exceed $199,900.00. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. 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 first stated above and continue through October 30, 2024, 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 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 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 2 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. 7. 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 or remedy. No waiver of any breach, 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 of this 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 of this 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 OF INTEREST 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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. 3 MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. (Not required if Consultant provides written verification it has no vehicles). Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees). Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Consultant shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $250,000 per occurrence or claim and with a limit no less than $1,000,000 per occurrence or claim for organization. (Not required if City staff is present during all activity). If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Instructor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Instructor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: I. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by 4 or on behalf of the Instructor including materials, parts or equipment furnished in connection with such work or operations. 2. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, agents, and volunteers. 3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Instructor for the City. This provision also applies to the Instructor's Workers' Compensation policy. 4. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A. VII, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time. Special Events Coverage for Instructors Special events coverage is available for an additional fee to provide the liability insurance required by this agreement. Consultant can obtain additional information and cost from the City. Special or Low Risk Activities City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. The City reserves the right to modify or waive insurance requirements for certain low risk recreational activities. 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: City Clerk 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 PIaza (M-21) Santa Ana, California 92702 To Consultant: Charitable Ventures of Orange County 1505 F. 17th 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 M 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, the 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 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. 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 it may be amended or updated 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 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. 7 £ 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 11 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. 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. 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. M. 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 section 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. 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 a-ainst 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 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. [Signatures on the following page] a SIGNATURE PAGE TO AGREEMENT TO PROVIDE BICYCLE AND PEDESTRIAN SAFETY OUTREACH SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B � JyATHAN T. MARTINEZ Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA THOMAS R. HATCH Interim City Manager CONSULTANT V TED KIM Chief Qpa6V-ice-Officer I'l�e4h«'CY ( EXHIBIT A SCOPE OF WORK EXHIBIT A Budget SCOPE OF SERVICES Task 1: Pedestrian and Bicycle Safety Education Workshops and Classes to help support increased knowledge and understanding of safety. Workshop and classes may be in -person or virtual to account for applicable health and safety restrictions. Task 1a Conduct two (2) Pedestrian and Bicycle Traffic Safety Fairs SAAS will conduct two (2) 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 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 1a Deliverable: • Two (2) Pedestrian and Bicycle Traffic Safety Fairs Task 1 b: Conduct two (2) Bicycling Basics Classes in the City of Santa Ana. Bicycling Basics classes are geared towards intermediate riders to teach them basic skills and give them the confidence to begin riding a bicycle on the road. All classes will be taught by trained League Cycling Instructors (LCIs). The target students are people who have never ridden on the road before or who prefer riding on the sidewalk. The class is designed to increase bicyclists' 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 riding condition, and proper helmet fit and adjustment. Each participant will receive a certificate of completion upon mastering the course. Each participant will receive a helmet and bike light if needed. Task 1 b Deliverables: • Two (2) Bicycling Basics Classes. • Sign -in sheet and surveys collected from participants Task 1 c: Conduct two 2 Wrench and Ride programs in the City of Santa Ana Wrench and Ride is a program hosted at The Bicycle Tree in which participants learn about bicycle anatomy, bike safety, and maintenance. As part of the program, people select a used bike, which they then repair using the skills they have learned. Participants also receive a helmet, lock, and lights to go with their bike. In addition to attending the Wrench and Ride classes, participants will be encouraged to attend other Bicycle and Pedestrian Safety Outreach activities, including active transportation presentations or workshops, and volunteer hours at a BPSO event. The Wrench and Ride program will prioritize cohorts for women, youth and/or seniors. Task I Deliverables: • Two (2) Wrench and Ride Programs • Sign -in sheet and surveys collected from participants Task 1 d: Host two 2 Build Your Own Skateboard education workshops Skateboarding is a popular form of transportation, especially amongst the youth population in Santa Ana. The target students are people who have never skated before, who have not ridden since childhood, and/or who have limited experience but lack the financial means to obtain a skateboard. This workshop is designed to increase skateboarders safety awareness of common car/skate collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the importance of helmet use when riding a skateboard. This workshop will teach participants about the individual skateboard parts, how they work together; how to skate safely and confidently throughout the city, and end with a group skate on the sidewalk or street. The build a skateboard workshop will be two hours long where they will put together a blank skate deck with all its components. The safety class will cover skating rules of the road, basic principles of skating on the street and on the sidewalk, common hazards encountered by skateboarders and how to deal with them, simple steps to ensure your skateboard is in good condition, and proper helmet fit and adjustment. Each participant will receive a certificate of completion upon mastering the course and completion of a skateboard build. The skateboard education workshop will prioritize cohorts for youth, female, queer and/or nonbinary folks. Task 1d Deliverables: • Host 2 Skateboard Safety Workshops • Sign -in sheets Task le. Host two 2presentations and interactive activities to provide education to community members on safety for pedestrians and bicyclists. SAAS will host two (2) presentations and interactive activities that will educate residents on bicycle and pedestrian safety strategies, including nationally recognized best practices and emerging successes from localities across California. The presentations and interactive activities will be geared toward adults and young adults. The target population will be for adults and youth that have concerns about active transportation safety and would like to learn about strategies that would improve safety for people walking and biking. Topics for the presentations and activities may include, but are not limited to, the basic principles of active transportation safety, transit systems, Vision Zero, and safe routes to school. Outreach will include in -person interaction, phone calls, flyers in both English and Spanish, social media, website, and email marketing. Each event will also include a survey of participants to identify what was done well and what could be improved for future events. Survey results will be incorporated into the quarterly progress reports. Task 1e Deliverables: • Two(Z) interactive activities • Sign -in sheet and a survey collected from participants Task 1f: Host three (3) Learn to Ride Bike Classes Learn to Ride Bike classes are geared towards new riders to teach them basic skills and give them the confidence to begin riding a bicycle. All classes will be taught by trained League Cycling Instructors (LCls). The target students are people who don't know how to ride, have very little experience riding a bike, and/or who have not ridden since childhood. The class is designed to increase bicyclists' safety awareness of keeping control of a bike, learning how to balance while stationary or moving, mounting and dismounting, keeping eyes on the road while riding, learning how to pedal, how to start and stop using the power pedal position, shifting gears, and turning safely. The class will emphasize the importance of helmet use when riding a bicycle and teach how to wear a helmet properly. Each participant will receive a certificate of completion upon mastering the course. Each participant will receive a helmet and bike light if needed. Task 1f Deliverables: • Three (3) Learn to Ride Bike Classes • Sign -in sheet collected from participants Task 1g: Organize and Host a League Cycling Instructor (LCI) Certification Seminar SAAS will work with the City and the League of American Bicyclists (LAB) to schedule and host an LCI Certification Seminar to train and certify at least 10 and up to 15 community members as League Cycling Instructors (LCls). The seminar will take place prior to the final month of the grant cycle to provide continuity of the bicycle education program in Santa Ana. SAAS has several affiliated LCls to assist with the implementation of the seminar. SAAS staff will coordinate logistics, such as finding an indoor meeting/classroom space, promote the seminar to interested individuals, and remain in contact with the LCI Coach. Priority for acceptance into the seminar will be given to participants of this project's TS-101 classes held earlier in the year who are also committed to making cycling safe and accessible in Santa Ana. SAAS will coordinate proper payment of the LAB and the Master Instructor. Task 1g Deliverable: • One (1) League Cycling instructor Training Seminar tlMER-ITTI-TWITU - V. 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 is families that seek to ride as a family and give them the confidence to begin riding a bicycle together. 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. Each participant will receive a certificate of completion upon mastering the course. 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. Following each class surveys will be conducted to collect comments and ideas from both students and instructors to improve and expand future classes. Task 2a Deliverable: • Three (3) family cycling education classes (Flyer with date and time) • Sign -in sheet • Gather survey Task 2b: Conduct three (3) iLuces Vivas! Events to heir) encourage and provide education for walking and riding safely at night. 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. Our goal is to seek out people riding or walking without lights for various reasons, especially those who may not have the means or time to acquire lights on their own. SAAS and community partners will organize iLuces Vivas! to meet for three (3) 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. iLuces Vivas! members will provide bilingual education and encouragement activities to support the safety of pedestrians and bicyclists. Additionally, cyclists who are not wearing helmets will be fitted and provided a helmet. SAAS will be responsible for procuring front and rear bike lights and bike helmets that meet the OTS Buy America requirements. The number of units are reflected in the agreed upon budget. It is expected that 50-100 light sets, reflective vests, 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. Task 2b Deliverable: • Three (3) iLuces Vivas! Events (Flyer with date and time) Task 2c: Conduct two (2) iLuces Vivas! Street Team events to help encourage and provide education for walking and riding safely at night. iLuces Vivas! Street Team takes education and encouragement materials mobile to multiple sites throughout the City. A team of cyclists will ride bicycles around the City, engaging directly with pedestrians and cyclists traveling on City streets. The team would ride to at least two nearby sites, set up a pop-up distribution event at key intersections where collisions are highest, and provide education and encouragement for riding bikes and walking in Santa Ana safely at night. Our goal is to seek out people riding or walking without lights for various reasons, especially those who may not have the means or time to acquire lights on their own. SAAS and community partners will organize two (2) iLuces Vivas! Street Teams activities and distribute materials 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. iLuces Vivas! Street Team members will provide bilingual education and encouragement activities to support the safety of pedestrians and bicyclists. Additionally, cyclists who are not wearing helmets will be fitted and provided a helmet. SAAS will be responsible for procuring front and rear bike lights and bike helmets that meet the OTS Buy America requirements. The number of units are reflected in the agreed upon budget. It is expected that 40-80 light sets, reflective vests, 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. Task 2c Deliverable: Two (2) iLuces Vivas! Events (Flyer with date and time) Photos of event Task 2d: Create one 1 Santa Ana Bike and Walk Guides The Santa Ana Bike And Walk Guides will be digital and printed materials for the public that encourage them to interact with bicycle and pedestrian safety improvements throughout the City. The materials will include paths that can be completed either walking or biking. Topics of the guides can include, but are not limited, local history, public art, culturally significant sites, and popular destinations. Each guide will be accessible in printed and digital formats, either through digital pdf or mobile application and available through the City of Santa Ana website. Guides will be available in English, Spanish and Vietnamese. Task 2d Deliverable: • One (1) Santa Ana Bike and Walk Guide EXHIBIT B CONSULTANT'S PROPOSED BUDGET OTS 2023-24 Proposal Budget.xlsx Task # Task Item Quantity Unit Cost Total Cost 1a Traffic Safety Fair 2 $5,200 $10,400 1b Bici Basics 2 $6,900 $13,800 1c Wrench and Ride Program 2 $15,000 $30,000 1d Skateboard Education Workshops 2 $8,200 $16,400 1e Bicyclist and Pedestrian Safety Workshop 2 $8,000 $16,000 1f Learn to Ride Bike Class 3 $6,700 $20,100 1g LCI Seminar 1 $13,600 $13,600 2a Family Cycling 3 $5,600 $16,800 2b Luces Vivas 3 $5,200 $15,600 2c Luces Vivas Street Team 2 $6,800 $13,600 2d Santa Ana Bike and Walk Guide(s) 1 $13,300 $13,300 Helmets 760 $15 $11,400 Bike Safety Equi 1 $8,900 $8,900 $199,900 9/19/2023