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HomeMy WebLinkAboutCHARITABLE VENTURES OF ORANGE COUNTY, INC. (3)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANrF EXPIRES 1.�. ti62 CLERK OF COUNCIL DATE: A-2022-200 1/ AGREEMENT TO PROVIDE BICYCLE AND o. PW I�` p �C /l �µ) �— PEDESTRIAN SAFETY OUTREACH SERVICES t1 THIS AGREEMENT is made and entered into this 18th day of October, 2022, 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 ofthe State of California ("City"). RECITALS A. The Santa Ana Public Works Agency has been awarded a $156,000 grant from the z 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 fromaprofessional consulting firm in the field. NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPEOFSERVICES Consultant shall provide bicycle and pedestrian safety education services that are described in Exhibit A to this Agreement and incorporated by reference as though fully set forth herein. Consultant may provide such services through the community - based coalition known as "Santa Ana Active Streets" (SAAS). 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $156,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM The term of this Agreement shall commence on the date first stated above and continue through October 31, 2023, unless earlier terminated as set forth in Section 14, below. 4. INDEPENDENT CONTRACTOR Consultant shall during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Consultant performs the services required by this Agreement. However, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. OWNERSHIP OF REPORTS AND DOCUMENTS Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of City. basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on their use. Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. 6. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of carc it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightl l 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. 2 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 ofthis Agreement. 9. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 10. CONFLICT OFINTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 11. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claimsfor 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. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as hroad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury andpersonal & 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 separatelyto this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall betwice the required occurrence limit. • Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code I (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 propertydamage. (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 withminors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Consultant shall obtain and maintain a policycovering 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 dining 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 requirethe 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 namedinsured or City. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. 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 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 01 04 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 underthe 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. A. 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 ofthe 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 I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Copies to: Public Works Agency -Executive Director City Hall -Ross Annex 4th Floor 20 Civic Center Plaza (M-21) SantaAna,California 92702 To Consultant: Charitable Ventures of Orange County 150S E. 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 proposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, 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 a. Consultant shall perform all requirements under this Agreement in strict observance and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. b. Consultant warrants that the performance of services under this Agreement shall be compliant with the current requirements of the Highway Safety Grant Management Manual and ask maybe amended or updated throughout the term ofthis Agreement. C. Consultant certifies that it shall comply with the following regulations, as required by the State of California Office ofTraffic Safety: 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. C. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant fiords or other persons or agencies. 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 fiords 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". Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub -recipients) will comply with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CPR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CPR Part 35 and 39. In the event a Federal or State court, Federal or State administrative 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 arecipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. j. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CPR chapter 60), as applicable. k. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CPR Part 3), as applicable_ Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable. in. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable. n. Consultant, and all its contractors (or sub -recipients) will comply with all applicable standards, orders or requirements issued under s e ction 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CPR part 15), as applicable. o. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. P. Consultant, and all its contractors (or sub -recipients) will comply with all requirements of the Department of Housing and Urban Development, Community Development Block Grant Regulatory Code 24 CPR Part 570. q. Consultant agrees that the State of California Office of Traffic Safety shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with firnding 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 against the City by federal, state, or local agencies with regulatory authority related to Consultant provided services. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each ofthe 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 firlly set forth in the body of this Agreement. [Signatures on the following page] 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: i �. - -Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Un Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: a �- �abil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA I STINE RIDGE City Manager Exhibit A 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 Services activities, including active transportation presentations, workshops, and volunteer hours at a BPSOS event. The Wrench and Ride program will prioritize cohorts for women, youth and/or seniors. Task 1c Deliverables: • Three (3) Wrench and Ride Programs • Sign -in sheet and surveys collected from participants Task 1d: Host two (2) Build Your Own Skateboard education workshops Skateboarding is a popular form of transportation, especially among the youth population in Santa Ana. 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. 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 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. Students will learn to put together a blank skate deck with all its components, learn 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. The skateboard education workshop will prioritize cohorts for youth, female, queer and/or nonbinary folks Task 1d Deliverables: • Host two (2) Skateboard Safety Workshops • Sign -in sheets Task 2: Active Transportation Champions Cohort: Plan and deliver meetings, trainings. and a community roundtable to cultivate a cohort of 10-20 residents who will identify and develop pedestrian and bicycle safety education, encouragement, and engagement activities to strengthen and advance the City's existing pedestrian and bicycle safety infrastructure improvements and non -infrastructure strategies. Cohort activities may be in -person or virtual to account for applicable health and safety COVID-19 restrictions. SAAS will coordinate and facilitate a series of community meetings for participants to identify education, encouragement, and engagement activities that would help inform and advance the City's pedestrian and bicycle safety improvement efforts. Community workshops will include two 2 1 P a g e Exhibit A (2) workshops on quantitative and/or qualitative data collection and collision data analysis for walking and biking; one (1) community -led biking assessments or collection of pedestrian/bicycle counts; two (2) action planning sessions where participants will identify their desired infrastructure and non -infrastructure solutions to address their pedestrian and bicycle safety concerns; one (1) community roundtable where participants will share/present what they've learned in the program to their fellow residents and city staff; two (2) stakeholder engagement meetings with key city stakeholders responsible for traffic safety improvements where participants will share their active transportation experiences, concerns, and needs. Task 2a: Data Analysis Workshops - Conduct one (1) workshops on quantitative and/or qualitative data collection and collision data analysis. Task 2b: Biking Assessment - Organize one (1) community -led biking assessment or collection of pedestrian/bicycle counts. Task 2c: Action Planning Sessions - Conduct two (2) action planning sessions. Workshops will focus on quantitative and/or qualitative data collection and collision data analysis for walking and biking. Task 2d: Stakeholder Engagement Meetings - Conduct two (2) stakeholder engagement meetings. Engagement meetings with key city stakeholders responsible for traffic safety improvements where participants will share their active transportation experiences, concerns, and needs. Task 2e: Community Roundtable - Host one (1) community round table. The community open house where participants will share/present what they've learned in the program to their fellow residents and city staff. Task 3: Provide community encouragement activities to support Increased use of walking and biking in the City of Santa Ana. Community encouragement activities may be In -person or virtual to account for applicable health and safety COVID-19 restrictions. Task 3a: Create three (3) Educational Active Transportation Videos The City of Santa Ana has been investing heavily into bike and pedestrian infrastructure for the past eight years.The Educational Active Transportation Videos aim to support and demystify the recent investments by using media tools to educate the public on understanding the new infrastructure or teaching safe mobility habits. The videos could help to demystify active transportation infrastructure's usefulness, the common misconceptions of funding purposes, and educate the broader Santa Ana population. Video ideas include, but are not limited to, how bike and pedestrian projects are connected to broader planning initiatives including the City's Active Transportation Plan, Safe Mobility Santa Ana Plan, Central Santa Ana Complete Streets Plan, and Downtown Santa Ana Complete Street Plans; the Issues of wrong -way riding, and how to use a bike lane. Videos will be shared on social media and various channels. 3 1 P a g e Exhibit A Task 3a Deliverables: • Three (3) Educational Active Transportation Videos Task 3b: Create two (2) Active Transportation Resident Story Videos With the recent Investments in active transportation by the City of Santa Ana, Active Transportation Resident Stories Is an opportunity to hear from resident voices about their experience, walking, biking and taking transit and how these new investments have affected their lives. Video ideas may include, but are not limited to, learning about people's experience of traveling on the road; experiences of almost getting hit; what would make the area feel more comfortable to ride/walk. The population that will be prioritized in these videos will be residents whose main form of mobility is as a bicyclist or pedestrian. Videos will be shared on social media and various channels. Task 3b Deliverables: • Two (2) Active Transportation Resident Story Videos Task 3c: Conduct four (4) family cycling education classes in the City of Santa Ana. 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 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.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. Classes are made available in Spanish as needed. Following each class surveys will be conducted to collect comments and ideas from both students and instructors to improve and expand future classes. Task 3c Deliverable: • Four (4) family cycling education classes (Flyer with date and time) • RSVP list Task 3d: Conduct four (4) ILuces Vivasl Events to help 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 4 1 P a g e Exhibit A 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 five (5) 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 Vivasl 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 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 3d Deliverable: Four (4) ii_uces Vivas! Events (Flyer with date and time) 5 1 P a g e EXHIBIT B Task # Task Item quantity Unit Cost Total Cost Traffic Safety la Fair 3 $3,700 $11,100 1b Blci Basics 4 $5,600 $22,400 Wrench and 1c Ride Program 3 $8,500 $25,500 Skateboard Education 1d Workshops 2 $7,600 $15,000 Data Analysis 2a Workshop 1 $1,850 $1,850 Bike 2b Assessment 1 $2,800 $2,800 Action Planning 2c Sessions 2 $2,000 $4,000 Stakeholder Engagement 2d Meetings 2 $1,g00 $3,800 Community 2e Roundtable 1 $2,500 $2,500 Educational Active Transportation 3a Videos 3 $4,000 $12,000 Active Transportation 3b Resident Stories 2 $5,000 $10,000 3c Family Cycling 4 $4,000 $16,000 3d Luces Vivas 4 $3,300 $13,200 Materials Helmets 600 $15 $9,000 Bike Safety Equipment 1 $6,850 $6,850 Total Budget $156,000 8/18/2022 �® CERTIFICATE OF LIABILITY INSUIwie Digitallysgn®TtE(MbvoDYTYY) by An ie 07/14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO/�p*SI�GFFtI,T�FSyy`U'PF�RN+ . IA(Q%Tl@CATE HOLDER. THIS BELOWCERTIF.TE DOES NOT THISCERTIFICATE FOFNNSURANCE DOES NOTVELY OR LY AMEND, CO STTUTEXAEND OR CONTRACT BETWEEN THE 1;SU ' RDED BY THE POLICIES RER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 2022.08.11 IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have DITIO'JP.L INSURE7E2itWsidri�O0r be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT Nora Wolkoff NAME: PNONE 323-805-2918 FAX o: Dickerson Insurance Services an Alera Group Company AIL ADDRESS, Nora@dickerson-group.com 1918 Riverside Drive, Los Angeles, CA 90039 INSURERS AFFORDING COVERAGE NAIC # License #OM29112 INSURERA: Philadelphia Indemnity Insurance Company 18058 INSURED INSURERS: SERVICE AMERICAN INDEMNITY COMPANY 39152 INSURERC: Charitable Ventures of Orange County INSURER D: 1505 E. 17th Street, Suite 101 INSURER E: Santa Ana, CA 92705 NSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE JUL ADDL Me SUER POLICY NUMBER MMI��VIYEYri POLICY UP MMIDENYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ® OCCUR DAMAGCLAIMS-MADE PREMIES(E. RENTED PREMISES TO RENTErenca $ 100,000 MED EXP (Any one person) $ 5,000 Abuse & Molestation (A&M) X1 Professional Liability(Prof. Liab) PERSONAL &ADV INJURY $ 1,000,000 A Y PHPK2419226 07/01/2022 07/01/2023 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY D jETElLoc PRODUCTS-COMP/OP AGO $ 2,000,000 $ OTHER'. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accitlent $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y PHPK2419226 07/01/2022 07/01/2023 BODILY INJURY (Per accident) $ HIRED NONOWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Peraccident $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 4,000,005 AGGREGATE $ 4,000,000 A EXCESS LAB CLAIMS -MADE Y PHUB816379 07/01/2022 07/01/2023 DED RETENTION$ 10,000 A&M and Prof. Liab. $ Included B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBERANY IEXCLUERIE EGUTIVE YIN (Mandatory in NH) NIA Y SATIS0511000 07/01/2022 07/01/2023 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Clerk of the City Council Cityof Santa Ana is recognized as an additional insured with respect to the operations for the name insured subject to policy terms and conditions. Evidence only as respects to Workers Compensation. We may cancel this Policy by mailing or delivering to the first Named Insured written notice of cancellation at least: Ten (10) days before the effective date of cancellation if we cancel for non-payment of premium; or Thirty (30) days before the effective date of cancellation if we cancel for any other reason. Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE NORA WOLKOFF ©1988-2015 ACORD ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD REv EWER 6 APFNWEO BY: A f, Ad"44 Risk Management Specialist POLICY NUMBER: PHPK2419226 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Risk MuvgemmtDhisian REVIEV;IED & APPRwm By., Nqmm. Risk Mznagemenf Spedzlist POLICY NUMBER: PHPK2419226 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Charitable Ventures of Orange Count Endorsement Effective Date: 07/01/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): City of Santa Ana It's officers, officials, employees and volunteers are includeds as required by written contract 20 Civic Center Plaza Santa Ana, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 © Insurance Services Office, Inc., 2009 RldeMuagemattDW1m . REMD&APMCVM13Y: A, e Aow44 Risk Management Speaa mt