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HomeMy WebLinkAboutSTATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (3)A-2022-199 N ��-LV1 C.fFLgA' co State of California — Office of Traffic Safety GRANT AGREEMENT o� Q 1. GRANT TITLE Pedestrian and Bicycle Safety Program 2. NAME OF AGENCY 3. Grant Prarind Santa Ana I From: 10/01/2022 4. AGENCY UNIT TO ADMINISTER GRANT TO: 09/30/2023 Santa Ana Public Works Agency 5. GRANT DESCRIPTION GRANT NUMBER PS23007 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 iniuries of vulnerahle nnn-nnnfnriv.,f r.,,a .. 6. Federal Funds Allocated Under This A reement Shall Not Exceed: $156 000 00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A — Problem Statement, Goals and Objectives and Method of Procedure • 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 GRANT DIRECTOR NAME: Zed Kekula TITLE: Principal Civil Engineer EMAIL: zkekula@santa-ana.org PHONE: (714) 647-5606 ADDRESS: 20 Civic Center Plaza Santa Ana, CA 92702 ZZMA6'o%1 A'. Oct 24, 2022 (Signature) (Date) C. FISCALOFFICIAL ADDRESS: Kathryn Downs Executive Director of Finance & Management Services kdowns@santa-ana.org (714)647-5420 20 Civic Center Plaza M-17 Santa Ana, CA 92702 Oct 24, 2022 (Signature) (Date) B. AUTHORIZING OFFICIAL ADDRESS: Kristine Ridge City Manager keidge@santa-ana.org (714)647-5200 20 Civic Center Plaza Santa Ana, CA 92702 Krirfrw.-a. ar Nov 1, 2022 (Signature) (Date) D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Barbara Rooney Director barbara.rooney@ots.Ga.gov (916)509-3030 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 Nov 1, 2022 (Signature) (Date) 9/30/2022 4:02:25 PM Page 1 of 20 9/30/2022 4:02:25 PM Page 2 of 20 A-2022-199 E. ACCOUNTING OFFICER OF OFFICE OF NAME: Carolyn vu ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 INFORMATION SAM#: KZE9G2M4GRX9 REGISTERED ADDRESS: 20 Civic Center Plaza, Floor 8 CITY: Santa Ana ZIP+4: 927014058 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES NDITURES 402PS-23 20.600 0521-0890-101 2022 43/22 BA/22 AGREEMENT TOTAL $156,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and Purpose of the expenditure stated above. $156,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED Nov 1, 2022 TOTAL AMOUNT ENCUMBERED TO DATE $756,000.00 T. �•�®ice \.y�1 CITY CLERK 9/30/2022 4:02:25 PM Page 3 of 20 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PS23007 1. PROBLEM STATEMervI With a population of just under 330,000, the City of Santa Ana is one of the 14 highest population cities in the state of California. The city is approximately 27.1 square miles and has a large volume of motor vehicle traffic, with the arterials carrying 30,000 to 40,000 vehicles per day. There are also 4 freeways that converge within the city and a total of 450 miles of streets. The City of Santa Ana has a mobility challenge in the community. An analysis of 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 do not have access to an automobile. To meet this demand, the City of Santa Ana has been working on developing an ever-expanding bicycle and pedestrian network. In addition, Orange County Transportation Authority (OCTA) bus transit ridership is among the highest in Orange County, with 55 of the 100 busiest bus stops in Orange County within the City of Santa Ana, alone. The city also has a young median age of 29.7 years, and 28 percent of the residents are below 18 years of age. Relative income levels and vehicle ownership within the city are significantly lower than the statewide average. The population's median age is also the youngest of the 7 largest cities in Orange County, and residential density is one of the highest in the state. Transit ridership in Santa Ana is the highest in the county, with several of the busiest OCTA bus lines serving the City. As a result of climate and demographics, the bicycle -dependent population is relatively high when compared to other communities in the county or the state. Also, a significant portion of the city's adult bicyclists may not speak English or understand the rules of the road. This Pedestrian and Bicycle Safety Program aims to increase awareness to ultimately reduce the amount of pedestrian- and bicyclist -related crashes in the city, especially for children walking to and from school. Having 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. For this reason, this ro'act is a 3norit , es eciall the communit . 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. Tarnet Numb B. Objectives: 1 1. Issue a press release announcing the kick-off of the grant by November 15. The 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. 3 Participate in traffic safety fairs and/or community events with an effort to reach 3. Work closely with community -based organizations at both nnmmi inity level with an effort to reach individuals. Page 4 of 20 9/30/2022 4:02:25 PM 4. 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. 5. Conduct pedestrian and/or bicycle safety presentations at community groups with 4 an effort to reach individuals. 6. Conduct pedestrian and/or bicycle safety courses with an effort to reach 9 community members. 7. Develop a pedestrian and/or bicycle safety program and materials to be adopted 2 as an on -going ro ram in schools with an effort to reach students. 8. 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. 9. Develop bicycle and pedestrian safety educational materials to be distributed 1 Burin classroom resentations, worksho s, and communityevents. 10. Participate in Safe Routes to School coalition meetings. 4 11. Conduct community outreach events with an effort to reach adults. 6 12. 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. 13. Distribute and properly fit bicycle helmets at no cost to community members in 600 need, at bicycle rodeos, schools, workshops, and commi inity events. 14. Purchase bic de helmets. 600 15. Train individuals to be League Certified Instructors. 1 16. Conduct community bicycle rides providing bicycle safety education to promote 4 safe bicycling in the community with an effort to reach bicyclists. 17. Hold quarterly meetings with countywide pedestrian and/or bicycle safety 4 stakeholders to collaborate on events, share best practices, and leverage resources. 18. Conduct community engaged bicycle and/or walk audits at locations identified to 1 have a high incidence of pedestrian and/or bicycle fatal or serious injury traffic crashes or "near misses". 19. Execute subcontract referenced in the budget. Prior to finalizing the subcontract, 1 grantee will work with the OTS to ensure all costs in the sub contract are allowable. Upon execution of subcontract, upload a copy of the subcontract and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not vet executed, provide ETA. 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation (V 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 rant -related activities: 9/30/2022 4:02:25 PM Page 5 of 20 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 graphics,releases, social media ed However, copy the OTS PIOat pio@ots cposts, a.g vand your'OTS coordinator educational 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 hi hli hts are to be reflected in QPRs. 9/30/2022 4:02:25 PM • 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: • Conduct Pedestrian and Bicycle Traffic Safety Fairs • Conduct Bicycling Basics Classes in the City of Santa Ana. At least one (1) of these classes will be taught in Spanish. • Conduct Wrench and Ride programs in the City of Santa Ana. All classes will be taught in English or Spanish, with Vietnamese as needed. • Host Build Your Own Skateboard education workshops. Task 2 - Active Transportation Champions Cohort to identify and advance the City's existing pedestrian and bicycle safety infrastructure improvements and non -infrastructure strategies: • Plan and deliver meetings, training 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. Cohort activities may be in -person or virtual to account for applicable COVID-19 health and safety restrictions. • Conduct Workshops on quantitative and/or qualitative data collection and crash data analysis. • Conduct a community -engaged Bike Audit/Assessment at location(s) identified to have a high incidence of bicycle fatal or serious injury traffic crashes or "near misses". • Collect bicycle helmet usage surveys. • Conduct Action Planning Sessions with a focus on quantitative and/or qualitative data collection and crash data analysis for walking and biking. • Conduct Stakeholder Engagement Meetings with key city stakeholders responsible for traffic safety improvements where participants will share their active transportation experiences, needs and concerns. • Host Community Round Table open house where participants will share/present with their fellow residents and city staff what they've learned through this program. Task 3 - Community Encouragement Activities to support increased walking and biking in the City of Santa Ana: • Create Educational Active Transportation Videos. • Create Active Transportation Resident Story Videos. • Conduct Family Cycling Education Classes. Activities may be in -person or virtual to account for applicable COVID-19 health and safety restrictions. • Conduct iLuces Vivas! Events to help encourage and provide education for walking and riding safely at ni ht. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit invoice claims (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 Quarter/ Performance Report (QPR) The Final Evaluation should provide a brief snmman/ 9/30/2022 4:02:25 PM Page 7 of 20 of the grant's accomplishments, challenges and significant activities. This narrative snoula also inciuuc 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. Page 8 of 20 9/30/2022 4:02:25 PM State of California - Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER Schedule B PS23007 FUND NUMBER ------------------------ ALOGS FUND. DESCRIPTION TOTAL AMOUNT R.CFDA402PS-23 E .600te and Community Highway $156,000.00 Safet COST CATEGORY FUND - UNIT:COST OR.. UNITS " TOTALCOSTTO.- A. PERSONNEL COSTS NUMBER RATE GRANT Straight Time Overtime $0.00 Category Sub -Total $0.00$0.00 B. TRAVEL EXPENSES $0.00 Category Sub -Total $0.00$0.00 C. CONTRACTUAL SERVICES Pedestrian and Bicyclist Safety Education 402PS-23 $156,000.00 1 $156,000.00 Pro ram - $156,000 Traffic Safety Fairs and/or Community 402PS-23 $0.00 3 Events $0.00 Bici Basics Courses 402PS-23 $0.00 4 $0.00 Wrench and Ride Courses 402PS-23 $0.00 3 $0.00 Skateboard Education Courses 402PS-23 $0.00 2 $0.00 Data Analysis Community Outreach 402PS-23 $0.00 1 $0.00 Workshops Bike Audit/Assessment 402PS-23 $0.00 1 $0.00 Action Planning Community Outreach 402PS-23 $0.00 2 $0.00 Sessions Stakeholder Community Outreach 4 072PS-23 $0.00 2 Meetings $0.00 Community Outreach Roundtable 402PS-23 $0.00 1 $0.00 Active Transportation Videos Education 402PS-23 $0.00 1 $0.00 Program Active Transportation Resident Stories 402PS-23 $0.00 1 $0.00 Program Famil /Communit Bic cle Rides 402PS-23 $0.00 4 $0.00 Luces Viva s Community Presentations 402PS-23 $0.00 4 Bicycle Helmets 402PS-23 $0.00 600 $0.00 $0.00 Pedestrian/Bicycle Safet Items 402PS-23 $0.00 1 $0.00 Category Sub -Total $156,000.00 D. EQUIPMENT Category Sub -Total $0.00 $0.00 E. OTHER DIRECT COSTS $ Category Sub -Total 0.00$0.00 F. INDIRECT COSTS 9/30/2022 4.02.25 PM Page 9 of 20 $Om $0.00 Category Sub -Total $156,000.00 GRANT TOTAL Page 10 of 20 9/30/2022 4:02:25 PM State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PS23007 BUDGET NARRATIVE PERSONNEL COSTS TRAVEL EXPENSES CONTRACTUAL SERVICES Pedestrian and Bicyclist Safety Education Program - $156,000 - 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 prere uisite for claiming these costs. Traffic Safety Fairs and/or Community Events - Cost to include planning, conducting and/or participating in local traffic safety fairs and/or community events. Bici Basics Courses - Cost to include planning and conducting Bicycling Basics Courses, with a minimum of 1 course taught in Spanish. Wrench and Ride Courses - Cost to include planning and conducting Wrench and Ride CoursesMorkshops. All classes to be taught in En lish, Spanish or Vietnamese, as needed. Skateboard Education Courses - Cost to include planning and conducting Build -Your -Own Skateboard Education Courses, including certification upon mastering the safely course. Data Analysis Community Outreach Workshops - Cost to include planning and conducting Data Analysis Community Outreach Workshops as a technical guide on quantitative and/or qualitative crash data collection and analysis of localpedestrian- and bicyclist -involved traffic crashes. Bike Audit/Assessment - Cost to include planning and conducting a community -engaged professional Bicycle Audit/Assessments at location(s) identified to have a high incidence of pedestrian and/or bicycle fatal or serious ir1jury traffic crashes or "near misses". Action Planning Community Outreach Sessions - Cost to include planning and conducting Action Planning community outreach sessions that will focus on the quantitative and/or qualitative crash data collection and analysis of localpedestrian- and bicyclist -involved traffic crashes. Stakeholder Community Outreach Meetings - Cost to include planning and conducting Stakeholder Engagement Meetings where community participants share their active transportation experiences, concerns and needs with key City of Santa Ana stakeholders responsible for traffic safety improvements. Community Outreach Roundtable - Cost to include planning and conducting a Community Roundtable, an open house community outreach session where community participants will share/present what they have learned through the program with fellow residents and City of Santa Ana staff. Active Transportation Videos Education Program - Cost to include developing Educational Active Transportation Videos focused on the city's new active transportation infrastructure, as part of a pedestrian and/or bicycle safety program, and materials to be adopted as an on -going ro ram in schools. Active Transportation Resident Stories Program - Cost to include developing Active Transportation Resident Stories promoting the city's new active transportation infrastructure using resident testimonials, as part of a pedestrian and/or bicycle safety program, and materials to be adopted as an on -going program in schools. Family/Community Bicycle Rides - Cost to include planning and conducting Family Cycling Education Classes or community bicycle rides in the city of Santa Ana, with a minimum of 2 events made available for the city's Spanish-speaking community. Luces Vivas Community Presentations - Cost to include planning and conducting iLuces Vivas! community events/presentations to encourage and provide education for walking and riding safely at night. WJOIZ022 4:U2:25 PM Page 11 of 20 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 ro ram income generated from this qrant. 9/30/2022 4:02:25 PM Page 12 of 20 State of California — Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT Exhibit A PS23007 CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94) 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 • 23 U.S.C. Chapter 4 — Highway Safety Act of 1966, as amended • Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 • 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 subreciplents as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX 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 etseq.), (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 (prevents 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); and • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FIR 74087-74100). The Subgrantee- 9/30/2022 4:02:25 PM Page 13 of 20 • Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: o "During the performance of this contract/funding agreement, the contractor/funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contractlagreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contractlagreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. THE DRUG FREE WORKPLACE ACT OF 1988141 U S C 81031 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 9/30/2022 4:02:25 PM Page 14 of 20 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 ACC (applies to all subreciplents 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 signed 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; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to all 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) 9/30/2022 4:02:25 PM Page 15 of 20 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 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.aov/). 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. ^___.�:__ , w E Q,,enoneinn AnrintherResoonsibilitvMatters-PrimaryTierCovered (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 9/30/2022 4:02:25 PM Page 16 of 20 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 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 9/30/2022 4:02:25 PM Page 17 of 20 -- Lower Tier Covered 1. 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 ACT (applies to all 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. 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. 9/30/2022 4:02:25 PM Page 18 of 20 State of California - Office of Traffic Safety GRANT NUMBER OTS-55 Grant Electronic Management System (GEMS) Access Exhibit c PS23007 INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS 1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (APRs) and reimbursement claims. 3. Complete the form if adding, removing or editing a GEMS user(s). 4. The Grant Director must sign this form and return it with the Grant Agreement. Agency Name: Santa Ana Public Works Agency Grant Title: Pedestrian and Bicycle Safety Program Agreement Total: $156,000.00 Authorizing Official: Kristine Ridge Fiscal Official: Kathryn Downs Grant Director: Zed Kekula LCURRENT GEMS USER(S); 1 Mauriclo Castaneda Title: Assistant Engineer Media Contact: Yes Phone: 714-647-5643 Email: mcastaneda@santa-ana.org 2. Ruben Castaneda Title: Assistant Engineer Phone: (714) 647-5621 Email: rcastaneda@santa-ana.org Media Contact: Yes 9/30/2022 4:02:25 PM Page 19 of 20 Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1 Add as a media contact? Yes Add/Change © Remove Access ❑ Ruben Castaneda Associate Engineer Name Job Title rcastaneda@santa-ana.org Email address GEMS User 2 Add/Change Azadeh Azad Name aazad@santa-ana.org Email address Remove Access GEMS User 3 Add/Change © Remove Access ❑ Mauricio Castaneda Name mcastaneda@santa-ana.org Finail address GEMS User 4 Add/Change Michelle Micallef Name Remove Access ❑ mmicallef@santa-ana.org Email address GEMS User 5 Add/Change Zdenek Kekula Name Remove Access ❑ zkekula@santa-ana.org Email address Form completed by: 7146475621 Phone number Add as a media contact? Yes Assistant Engineer Job Title 7146475667 Phone number Add as a media contact? Yes Assistant Engineer Job Title 7146475643 Add as a media contact? Yes Community Liaison Job Title 7146475091 Phone number Add as a media contact? Yes Principal Civil Engineer Job Title 7146475606 Phone number Date: Oct 19, 2022 No0 No ❑ No ❑ NoEl No As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. >doho Yo la Zdenek Kekula Name Signature Oct 24, 2022 Grant Director Title Date Page 20 of 20 9/30/2022 4:02:25 PM Fatima From: Castaneda, Ruben Sent: Tuesday, April 25, 2023 10:13 AM To: Araiza, Fatima Cr Azad, Azadeh Subject: RE: Grant Agreement Needed Attachments: FW: Completed: "Grant Agreement - PS23007' HI Fatima, Please see attached. OTS agreement was processed electronically and automatically sent to all signatories. Thank you, 0 Ruben Castaneda i Senior Engineer PWA-Traffic Engineering 20 Civic Center Plaza, M-43 I Santa Ana, CA 92701 Direct: (714) 647-5621 1 rcastaneda(@santa-ana.org The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. �. ...WOMATOTIN Download on the App Store Click here to report an issue directly from the City website. Click here to Report Public Works Issues City Hall is closed every other Friday. Click here for dates. This e-mail (and attachments, if any) may be subject to the California Public Records Act and as such, may, therefore, be subject to public disclosure unless otherwise exempt under the Act. From: Araiza, Fatima <faraiza@santa-ana.org> Sent: Tuesday, April 25, 2023 10:00 AM To: Castaneda, Ruben <rastaneda@santa-ana.org> Subject: Grant Agreement Needed Importance: High Hello Ruben, I'm reaching out in regards to a grant agreement we haven't received for item 13, that went to council back in October 18th 2022. We have fully executed the agreement with Charitable Ventures of Orange County that was also under the same item number. Please provide grant agreement with State of California Office of Traffic Safety, for processing. Feel free to each out if you have any questions. Kind Regards,